PUBLIC LAW 106–522—NOV. 22, 2000

DISTRICT OF COLUMBIA

APPROPRIATIONS ACT, 2001

114 STAT. 2440 PUBLIC LAW 106–522—NOV. 22, 2000

Public Law 106–522

106th Congress

An Act

Making appropriations for the government of the District of Columbia and other

activities chargeable in whole or in part against the revenues of said District

for the fiscal year ending September 30, 2001, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, That the

following sums are appropriated, out of any money in the Treasury

not otherwise appropriated, for the District of Columbia for the

fiscal year ending September 30, 2001, and for other purposes,

namely:

FEDERAL FUNDS

FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

For a Federal payment to the District of Columbia for a nationwide program to be administered by the Mayor for District of

Columbia resident tuition support, $17,000,000, to remain available

until expended: Provided, That such funds may be used on behalf

of eligible District of Columbia residents to pay an amount based

upon the difference between in-State and out-of-State tuition at

public institutions of higher education, usable at both public and

private institutions for higher education: Provided further, That

the awarding of such funds may be prioritized on the basis of

a resident’s academic merit and such other factors as may be

authorized.

FEDERAL PAYMENT FOR INCENTIVES FOR ADOPTION OF CHILDREN

The paragraph under the heading ‘‘Federal Payment for Incentives for Adoption of Children’’ in Public Law 106–113, approved

November 29, 1999 (113 Stat. 1501), is amended to read as follows:

‘‘For a Federal payment to the District of Columbia to create incentives to promote the adoption of children in the District of Columbia

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

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

carry out all of the provisions of title 38, except for section 3808,

of the Fiscal Year 2001 Budget Support Act of 2000, D.C. Bill

13–679, enrolled June 12, 2000.’’.

FEDERAL PAYMENT TO THE CHIEF FINANCIAL OFFICER OF THE

DISTRICT OF COLUMBIA

For a Federal payment to the Chief Financial Officer of the

District of Columbia, $1,250,000, of which $250,000 shall be for

District of

Columbia

Appropriations

Act, 2001.

Nov. 22, 2000

[H.R. 5633]

PUBLIC LAW 106–522—NOV. 22, 2000 114 STAT. 2441

payment to a mentoring program and for hotline services; $250,000

shall be for payment to a youth development program with a

character building curriculum; $250,000 shall be for payment to

a basic values training program; and $500,000, to remain available

until expended, shall be for the design, construction, and maintenance of a trash rack system to be installed at the Hickey Run

stormwater outfall.

FEDERAL PAYMENT FOR COMMERCIAL REVITALIZATION PROGRAM

For a Federal payment to the District of Columbia, $1,500,000,

to remain available until expended, for the Mayor, in consultation

with the Council of the District of Columbia, to provide offsets

against local taxes for a commercial revitalization program, such

program to provide financial inducements, including loans, grants,

offsets to local taxes and other instruments that promote commercial revitalization in Enterprise Zones and low and moderate income

areas in the District of Columbia: Provided, That in carrying out

such a program, the Mayor shall use Federal commercial revitalization proposals introduced in Congress as a guideline: Provided

further, That not later than 180 days after the date of the enactment

of this Act, the Mayor shall report to the Committees on Appropriations of the Senate and House of Representatives on the progress

made in carrying out the commercial revitalization program.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC SCHOOLS

For a Federal payment to the District of Columbia Public

Schools, $500,000: Provided, That $250,000 of said amount shall

be used for a program to reduce school violence: Provided further,

That $250,000 of said amount shall be used for a program to

enhance the reading skills of District public school students.

FEDERAL PAYMENT TO THE METROPOLITAN POLICE DEPARTMENT

For a Federal payment to the Metropolitan Police Department,

$100,000: Provided, That said funds shall be used to fund a youth

safe haven police mini-station for mentoring high risk youth.

FEDERAL CONTRIBUTION TO COVENANT HOUSE WASHINGTON

For a Federal contribution to Covenant House Washington

for a contribution to the construction in Southeast Washington

of a new community service center for homeless, runaway and

at-risk youth, $500,000.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA CORRECTIONS

TRUSTEE OPERATIONS

For salaries and expenses of the District of Columbia Corrections Trustee, $134,200,000 for the administration and operation

of correctional facilities and for the administrative operating costs

of the Office of the Corrections Trustee, as authorized by section

11202 of the National Capital Revitalization and Self-Government

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

which $1,000,000 is to fund an initiative to improve case processing

in the District of Columbia criminal justice system: Provided, That

notwithstanding any other provision of law, funds appropriated

Deadline.

114 STAT. 2442 PUBLIC LAW 106–522—NOV. 22, 2000

in this Act for the District of Columbia Corrections Trustee shall

be apportioned quarterly by the Office of Management and Budget

and obligated and expended in the same manner as funds appropriated for salaries and expenses of other Federal agencies: Provided

further, That in addition to the funds provided under this heading,

the District of Columbia Corrections Trustee may use any remaining

interest earned on the Federal payment made to the Trustee under

the District of Columbia Appropriations Act, 1998, to carry out

the activities funded under this heading.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS

For salaries and expenses for the District of Columbia Courts, $105,000,000 to be allocated as follows: for the District of Columbia

Court of Appeals, $7,409,000; for the District of Columbia Superior

Court, $71,121,000; for the District of Columbia Court System,

$17,890,000; $5,255,000 to finance a pay adjustment of 8.48 percent

for nonjudicial employees; and $3,325,000, including $825,000 for

roofing repairs to the facility commonly referred to as the Old

Courthouse and located at 451 Indiana Avenue, Northwest, to

remain available until September 30, 2002, for capital improvements for District of Columbia courthouse facilities: Provided, That

none of the funds in this Act or in any other Act shall be available

for the purchase, installation, or operation of an Integrated Justice

Information System until a detailed plan and design has been

submitted by the courts and approved by the Committees on Appropriations of the House of Representatives and the Senate: Provided

further, That notwithstanding any other provision of law, all

amounts under this heading shall be apportioned quarterly by

the Office of Management and Budget and obligated and expended

in the same manner as funds appropriated for salaries and expenses

of other Federal agencies, with payroll and financial services to

be provided on a contractual basis with the General Services

Administration (GSA), said services to include the preparation of

monthly financial reports, copies of which shall be submitted

directly by GSA to the President and to the Committees on Appropriations of the Senate and House of Representatives, the Committee on Governmental Affairs of the Senate, and the Committee

on Government Reform of the House of Representatives.

DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS

For payments authorized under section 11–2604 and section

11–2605, D.C. Code (relating to representation provided under the

District of Columbia Criminal Justice Act), payments for counsel

appointed in proceedings in the Family Division of the Superior

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

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

21–2060, D.C. Code (relating to representation provided under the

District of Columbia Guardianship, Protective Proceedings, and

Durable Power of Attorney Act of 1986), $34,387,000, to remain

available until expended: Provided, That the funds provided in

this Act under the heading ‘‘Federal Payment to the District of

Columbia Courts’’ (other than the $3,325,000 provided under such

heading for capital improvements for District of Columbia courthouse facilities) may also be used for payments under this heading:

Provided further, That, in addition to the funds provided under

this heading, the Joint Committee on Judicial Administration in

Contracts.

Reports.

PUBLIC LAW 106–522—NOV. 22, 2000 114 STAT. 2443

the District of Columbia shall use funds provided in this Act under

the heading ‘‘Federal Payment to the District of Columbia Courts’’ (other than the $3,325,000 provided under such heading for capital

improvements for District of Columbia courthouse facilities), to

make payments described under this heading for obligations

incurred during any fiscal year: Provided further, That such funds

shall be administered by the Joint Committee on Judicial Administration in the District of Columbia: Provided further, That notwithstanding any other provision of law, this appropriation shall be

apportioned quarterly by the Office of Management and Budget

and obligated and expended in the same manner as funds appropriated for expenses of other Federal agencies, with payroll and

financial services to be provided on a contractual basis with the

General Services Administration (GSA), said services to include

the preparation of monthly financial reports, copies of which shall

be submitted directly by GSA to the President and to the Committees on Appropriations of the Senate and House of Representatives,

the Committee on Governmental Affairs of the Senate, and the

Committee on Government Reform of the House of Representatives:

Provided further, That the District of Columbia Courts shall implement the recommendations in the General Accounting Office Report

GAO/AIMD/OGC–99–226 regarding payments to court-appointed

attorneys and shall report quarterly to the Office of Management

and Budget and to the House and Senate Appropriations Committees on the status of these reforms.

FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER

SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA

(INCLUDING TRANSFER OF FUNDS)

For salaries and expenses, including the transfer and hire

of motor vehicles, of the Court Services and Offender Supervision

Agency for the District of Columbia, as authorized by the National

Capital Revitalization and Self-Government Improvement Act of

1997 (Public Law 105–33; 111 Stat. 712), $112,527,000, of which $67,521,000 shall be for necessary expenses of Community Supervision and Sex Offender Registration, to include expenses relating

to supervision of adults subject to protection orders or provision

of services for or related to such persons; $18,778,000 shall be

transferred to the Public Defender Service; and $26,228,000 shall

be available to the Pretrial Services Agency: Provided, That of

the amount provided under this heading, $17,854,000 shall be used

to improve pretrial defendant and post-conviction offender supervision, enhance drug testing and sanctions-based treatment programs and other treatment services, expand intermediate sanctions

and offender re-entry programs, continue planning and design proposals for a residential Sanctions Center and improve administrative infrastructure, including information technology; and $836,000

of the $17,854,000 referred to in this proviso is for the Public

Defender Service: Provided further, That notwithstanding any other

provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and

obligated and expended in the same manner as funds appropriated

for salaries and expenses of other Federal agencies: Provided further, That notwithstanding section 446 of the District of Columbia

Home Rule Act or any provision of subchapter III of chapter 13

of title 31, United States Code, the use of interest earned on

Reports.

Contracts.

Reports.

114 STAT. 2444 PUBLIC LAW 106–522—NOV. 22, 2000

the Federal payment made to the District of Columbia Offender

Supervision, Defender, and Court Services Agency under the District of Columbia Appropriations Act, 1998, by the Agency during

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

Act or such subchapter.

FEDERAL PAYMENT FOR WASHINGTON INTERFAITH NETWORK

For a Federal payment to the Washington Interfaith Network

to reimburse the Network for costs incurred in carrying out

preconstruction activities at the former Fort Dupont Dwellings and

Additions, $1,000,000: Provided, That such activities may include

architectural and engineering studies, property appraisals, environmental assessments, grading and excavation, landscaping, paving,

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

other utilities: Provided further, That the Secretary of the Treasury

shall make such payment only after the Network has received

matching funds from private sources (including funds provided

through loans) to carry out such activities in an aggregate amount

which is equal to the amount of such payment (as certified by

the Inspector General of the District of Columbia) and has provided

the Secretary of the Treasury with a request for reimbursement

which contains documentation certified by the Inspector General

of the District of Columbia showing that the Network carried out

the activities and that the costs incurred in carrying out the activities were equal to or less than the amount of the reimbursement

requested: Provided further, That none of the funds provided under

this heading may be obligated or expended after December 31,

2001 (without regard to whether the activities involved were carried

out prior to such date).

FEDERAL PAYMENT FOR PLAN TO SIMPLIFY EMPLOYEE

COMPENSATION SYSTEMS

For a Federal payment to the Mayor of the District of Columbia

for a contract for the study and development of a plan to simplify

the compensation systems, schedules, and work rules applicable

to employees of the District government, $250,000: Provided, That

under the terms of the contract the plan shall include (at a minimum) a review of the current compensation systems, schedules,

and work rules applicable to such employees; a review of the best

practices regarding the compensation systems, schedules, and work

rules of State and local governments and other appropriate

organizations; a proposal for simplifying the systems, schedules,

and rules applicable to employees of the District government; and

the development of strategies for implementing such proposal,

including an identification of any statutory, contractual, or other

barriers to implementing the proposal and an estimated time frame

for implementing the proposal: Provided further, That under the

terms of the contract the contractor shall submit the plan to the

Mayor and to the Committees on Appropriations of the House

of Representatives and Senate: Provided further, That the Mayor

shall develop a proposed solicitation for the contract not later than

90 days after the date of the enactment of this Act and shall

submit a copy of the proposed solicitation to the Comptroller General for review at least 90 days prior to the issuance of such

solicitation: Provided further, That not later than 45 days after

receiving the proposed solicitation from the Mayor, the Comptroller

Deadline.

Reports.

Contracts.

Deadline.

PUBLIC LAW 106–522—NOV. 22, 2000 114 STAT. 2445

General shall review the solicitation to ensure that it adequately

addresses all of the necessary elements described under this heading

and report to the Committees on Appropriations of the House

of Representatives and Senate on the results of this review: Provided further, That for purposes of this contract the term ‘‘District

government’’ has the meaning given such term in section 305(5)

of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (sec. 47–393(5), D.C. Code), except

that such term shall not include the courts of the District of

Columbia and shall include the District of Columbia Financial

Responsibility and Management Assistance Authority.

METRORAIL CONSTRUCTION

For the Washington Metropolitan Area Transit Authority

(WMATA), a contribution of $25,000,000, to remain available until

expended, to design and build a Metrorail station located at New

York and Florida Avenues, Northeast: Provided, That prior to the

release of said funds from the U.S. Treasury, the District of

Columbia shall set aside an additional $25,000,000 for this project

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

shall establish a special taxing district for the neighborhood of

the proposed Metrorail station to provide $25,000,000: Provided

further, That the requirements of 49 U.S.C. 5309(a)(2) shall apply

to this project.

FEDERAL PAYMENT FOR BROWNFIELD REMEDIATION

For a Federal payment to the District of Columbia, $3,450,000

for environmental and infrastructure costs at Poplar Point: Provided, That of said amount, $2,150,000 shall be available for

environmental assessment, site remediation, and wetlands restoration of the 11 acres of real property under the jurisdiction of

the District of Columbia: Provided further, That no more than

$1,300,000 shall be used for infrastructure costs for an entrance

to Anacostia Park: Provided further, That none of said funds shall

be used by the District of Columbia to purchase private property

in the Poplar Point area.

PRESIDENTIAL INAUGURATION

For a payment to the District of Columbia to reimburse the

District for expenses incurred in connection with Presidential inauguration activities, $5,961,000, as authorized by section 737(b) of

the District of Columbia Home Rule Act, approved December 24,

1973 (87 Stat. 824; D.C. Code, sec. 1–1132), which shall be apportioned by the Chief Financial Officer within the various appropriation headings in this Act.

CHILDREN’S NATIONAL MEDICAL CENTER

For a Federal contribution to the Children’s National Medical

Center in the District of Columbia, $500,000 to be used for the

network of satellite pediatric health clinics for children and families

in underserved neighborhoods and communities in the District of

Columbia.

Applicability.

114 STAT. 2446 PUBLIC LAW 106–522—NOV. 22, 2000

CHILD ADVOCACY CENTER

For a Federal contribution to the Child Advocacy Center for its Safe Shores program, $500,000.

ST. COLETTA OF GREATER WASHINGTON EXPANSION PROJECT

For a Federal contribution to St. Coletta of Greater Washington,

Inc. for costs associated with the establishment of a day program

and comprehensive case management services for mentally retarded

and multiple-handicapped adolescents and adults in the District

of Columbia, including property acquisition and construction,

$1,000,000.

DISTRICT OF COLUMBIA SPECIAL OLYMPICS

For a Federal contribution to the District of Columbia Special Olympics, $250,000.

DISTRICT OF COLUMBIA FUNDS

OPERATING EXPENSES

DIVISION OF EXPENSES

The following amounts are appropriated for the District of

Columbia for the current fiscal year out of the general fund of

the District of Columbia, except as otherwise specifically provided:

Provided, That notwithstanding any other provision of law, except

as provided in section 450A of the District of Columbia Home

Rule Act and section 126 of this Act, the total amount appropriated

in this Act for operating expenses for the District of Columbia

for fiscal year 2001 under this heading shall not exceed the lesser

of the sum of the total revenues of the District of Columbia for

such fiscal year or $5,677,379,000 (of which $172,607,000 shall

be from intra-District funds and $3,250,783,000 shall be from local

funds): Provided further, That the Chief Financial Officer of the

District of Columbia and the District of Columbia Financial Responsibility and Management Assistance Authority shall take such steps

as are necessary to assure that the District of Columbia meets

these requirements, including the apportioning by the Chief Financial Officer of the appropriations and funds made available to

the District during fiscal year 2001, except that the Chief Financial

Officer may not reprogram for operating expenses any funds derived

from bonds, notes, or other obligations issued for capital projects.

DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY AND

MANAGEMENT ASSISTANCE AUTHORITY

For the District of Columbia Financial Responsibility and

Management Assistance Authority (Authority), established by section 101(a) of the District of Columbia Financial Responsibility

and Management Assistance Act of 1995 (109 Stat. 97; Public

Law 104–8), $3,140,000: Provided, That these funds be derived

from accounts held by the Authority on behalf of the District of

Columbia: Provided further, That none of the funds contained in

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

Director or General Counsel of the Authority at a rate in excess

PUBLIC LAW 106–522—NOV. 22, 2000 114 STAT. 2447

of the maximum rate of compensation which may be paid to such

individual during fiscal year 2001 under section 102 of such Act,

as determined by the Comptroller General (as described in GAO

letter report B–279095.2): Provided further, That none of the funds

contained in this Act or any other funds available to the Authority

or any other entity of the District of Columbia government from

any source (including any accounts of the Authority) may be used

for any payments (including but not limited to severance or bonus

payments, and payments under agreements in effect before the

enactment of this Act) to any individual upon or following the

individual’s separation from employment with the Authority (other

than a payment of the individual’s regular salary for services performed prior to separation or a payment for unused annual leave

accrued by the individual), except that an individual who is

employed by the Authority during the entire period which begins

on the date of the enactment of this Act and ends on September

30, 2001, may receive a severance payment after such date in

an aggregate amount which does not exceed the product of 200

percent of the individual’s average weekly salary during the final

12-month period (or portion thereof ) during which the individual

was employed by the Authority and the number of full years during

which the individual was employed by the Authority.

GOVERNMENTAL DIRECTION AND SUPPORT

Governmental direction and support, $195,771,000 (including

$162,172,000 from local funds, $20,424,000 from Federal funds,

and $13,175,000 from other funds): Provided, That not to exceed

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

of the District of Columbia, and $2,500 for the City Administrator

shall be available from this appropriation for official purposes:

Provided further, That any program fees collected from the issuance

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

management program of the District of Columbia: Provided further,

That no revenues from Federal sources shall be used to support

the operations or activities of the Statehood Commission and Statehood Compact Commission: Provided further, That the District of

Columbia shall identify the sources of funding for Admission to

Statehood from its own locally-generated revenues: Provided further,

That all employees permanently assigned to work in the Office

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

of the Mayor: Provided further, That notwithstanding any other

provision of law, or Mayor’s Order 86–45, issued March 18, 1986,

the Office of the Chief Technology Officer’s delegated small purchase

authority shall be $500,000: Provided further, That the District

of Columbia government may not require the Office of the Chief

Technology Officer to submit to any other procurement review

process, or to obtain the approval of or be restricted in any manner

by any official or employee of the District of Columbia government,

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

$303,000 and no fewer than 5 FTEs shall be available exclusively

to support the Labor-Management Partnership Council: Provided

further, That, effective September 30, 2000, section 168(a) of the

District of Columbia Appropriations Act, 2000 (Public Law 106–

113; 113 Stat. 1531) is amended by inserting ‘‘, to remain available

until expended,’’ after ‘‘$5,000,000’’: Provided further, That not later

than March 1, 2001, the Chief Financial Officer of the District

Deadline.

Study.

Effective date.

114 STAT. 2448 PUBLIC LAW 106–522—NOV. 22, 2000

of Columbia shall submit a study to the Committees on Appropriations of the House of Representatives and Senate on the merits

and potential savings of privatizing the operation and administration of Saint Elizabeths Hospital.

ECONOMIC DEVELOPMENT AND REGULATION

Economic development and regulation, $205,638,000 (including

$53,562,000 from local funds, $92,378,000 from Federal funds, and

$59,698,000 from other funds), of which $15,000,000 collected by

the District of Columbia in the form of BID tax revenue shall

be paid to the respective BIDs pursuant to the Business Improvement Districts Act of 1996 (D.C. Law 11–134; D.C. Code, sec.

1–2271 et seq.), and the Business Improvement Districts Amendment Act of 1997 (D.C. Law 12–26): Provided, That such funds

are available for acquiring services provided by the General Services

Administration: Provided further, That Business Improvement Districts shall be exempt from taxes levied by the District of Columbia.

PUBLIC SAFETY AND JUSTICE

Public safety and justice, including purchase or lease of 135

passenger carrying vehicles for replacement only, including 130

for police-type use and five for fire-type use, without regard to

the general purchase price limitation for the current fiscal year,

and such sums as may be necessary for making refunds and for

the payment of judgments that have been entered against the

District of Columbia government $762,546,000 (including

$591,565,000 from local funds, $24,950,000 from Federal funds,

and $146,031,000 from other funds): Provided, That the Metropolitan Police Department is authorized to replace not to exceed 25

passenger-carrying vehicles and the Department of Fire and Emergency Medical Services of the District of Columbia is authorized

to replace not to exceed five passenger-carrying vehicles annually

whenever the cost of repair to any damaged vehicle exceeds threefourths of the cost of the replacement: Provided further, That not

to exceed $500,000 shall be available from this appropriation for

the Chief of Police for the prevention and detection of crime: Provided further, That notwithstanding any other provision of law,

or Mayor’s Order 86–45, issued March 18, 1986, the Metropolitan

Police Department’s delegated small purchase authority shall be

$500,000: Provided further, That the District of Columbia government may not require the Metropolitan Police Department to submit

to any other procurement review process, or to obtain the approval

of or be restricted in any manner by any official or employee

of the District of Columbia government, for purchases that do

not exceed $500,000: Provided further, That the Mayor shall

reimburse the District of Columbia National Guard for expenses

incurred in connection with services that are performed in emergencies by the National Guard in a militia status and are requested

by the Mayor, in amounts that shall be jointly determined and

certified as due and payable for these services by the Mayor and

the Commanding General of the District of Columbia National

Guard: Provided further, That such sums as may be necessary

for reimbursement to the District of Columbia National Guard

PUBLIC LAW 106–522—NOV. 22, 2000 114 STAT. 2449

under the preceding proviso shall be available from this appropriation, and the availability of the sums shall be deemed as constituting payment in advance for emergency services involved: Provided further, That the Metropolitan Police Department is authorized to maintain 3,800 sworn officers, with leave for a 50 officer

attrition: Provided further, That no more than 15 members of the

Metropolitan Police Department shall be detailed or assigned to

the Executive Protection Unit, until the Chief of Police submits

a recommendation to the Council for its review: Provided further,

That $100,000 shall be available for inmates released on medical

and geriatric parole: Provided further, That commencing on

December 31, 2000, the Metropolitan Police Department shall provide to the Committees on Appropriations of the Senate and House

of Representatives, the Committee on Governmental Affairs of the

Senate, and the Committee on Government Reform of the House

of Representatives, quarterly reports on the status of crime reduction in each of the 83 police service areas established throughout

the District of Columbia.

PUBLIC EDUCATION SYSTEM

Public education system, including the development of national

defense education programs, $998,918,000 (including $824,867,000

from local funds, $147,643,000 from Federal funds, and $26,408,000

from other funds), to be allocated as follows: $769,943,000 (including

$629,309,000 from local funds, $133,490,000 from Federal funds,

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

District of Columbia; $200,000 from local funds for the District

of Columbia Teachers’ Retirement Fund; $1,679,000 from local funds

for the State Education Office, $17,000,000 from local funds, previously appropriated in this Act as a Federal payment, for resident

tuition support at public and private institutions of higher learning

for eligible District of Columbia residents; and $105,000,000 from

local funds for public charter schools: Provided, That there shall

be quarterly disbursement of funds to the District of Columbia

public charter schools, with the first payment to occur within 15

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

the District of Columbia public charter schools will report enrollment on a quarterly basis upon which a quarterly disbursement

will be calculated: Provided further, That the quarterly payment

of October 15, 2000, shall be 50 percent of each public charter

school’s annual entitlement based on its unaudited October 5 enrollment count: Provided further, That if the entirety of this allocation

has not been provided as payments to any public charter schools

currently in operation through the per pupil funding formula, the

funds shall be available for public education in accordance with

the School Reform Act of 1995 (D.C. Code, sec. 31–2853.43(A)(2)(D);

Public Law 104–134, as amended): Provided further, That $480,000

of this amount shall be available to the District of Columbia Public

Charter School Board for administrative costs: Provided further,

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

$13,199,000 from Federal funds, and $18,543,000 from other funds)

shall be available for the University of the District of Columbia:

Provided further, That $200,000 is allocated for the East of the

River Campus Assessment Study, $1,000,000 for the Excel Institute

Adult Education Program to be used by the Institute for construction and to acquire construction services provided by the General

Charter schools.

Reports.

Effective date.

Reports.

114 STAT. 2450 PUBLIC LAW 106–522—NOV. 22, 2000

Services Administration on a reimbursable basis, $500,000 for the

Adult Education State Plan, $650,000 for The Saturday Academy

Pre-College Program, and $481,000 for the Strengthening of Academic Programs; and $26,459,000 (including $25,208,000 from local

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

for the Public Library: Provided further, That the $1,020,000

enhancement shall be allocated such that $500,000 is used for

facilities improvements for 8 of the 26 library branches, $235,000

for 13 FTEs for the continuation of the Homework Helpers Program,

$166,000 for 3 FTEs in the expansion of the Reach Out And Roar

(ROAR) service to license day care homes, and $119,000 for 3

FTEs to expand literacy support into branch libraries: Provided

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

$404,000 from Federal funds and $20,000 from other funds) shall

be available for the Commission on the Arts and Humanities: Provided further, That the public schools of the District of Columbia

are authorized to accept not to exceed 31 motor vehicles for exclusive

use in the driver education program: Provided further, That not

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

the President of the University of the District of Columbia, and

$2,000 for the Public Librarian shall be available from this appropriation for official purposes: Provided further, That none of the

funds contained in this Act may be made available to pay the

salaries of any District of Columbia Public School teacher, principal,

administrator, official, or employee who knowingly provides false

enrollment or attendance information under article II, section 5

of the Act entitled ‘‘An Act to provide for compulsory school attendance, for the taking of a school census in the District of Columbia,

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

sec. 31–401 et seq.): Provided further, That this appropriation shall

not be available to subsidize the education of any nonresident

of the District of Columbia at any District of Columbia public

elementary and secondary school during fiscal year 2001 unless

the nonresident pays tuition to the District of Columbia at a rate

that covers 100 percent of the costs incurred by the District of

Columbia which are attributable to the education of the nonresident

(as established by the Superintendent of the District of Columbia

Public Schools): Provided further, That this appropriation shall

not be available to subsidize the education of nonresidents of the

District of Columbia at the University of the District of Columbia,

unless the Board of Trustees of the University of the District

of Columbia adopts, for the fiscal year ending September 30, 2001,

a tuition rate schedule that will establish the tuition rate for

nonresident students at a level no lower than the nonresident

tuition rate charged at comparable public institutions of higher

education in the metropolitan area: Provided further, That

$2,200,000 is allocated to the Temporary Weighted Student Formula

to fund 344 additional slots for pre-K students: Provided further,

That $50,000 is allocated to fund a conference on learning support

for children ages 3–4 hosted jointly by the District of Columbia

Public Schools and District of Columbia public charter schools:

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

to administer a system-wide standardized test more than once

in fiscal year 2001: Provided further, That no less than $436,452,000

shall be expended on local schools through the Weighted Student

Formula: Provided further, That notwithstanding any other provision of law, rule, or regulation, the evaluation process and

PUBLIC LAW 106–522—NOV. 22, 2000 114 STAT. 2451

instruments for evaluating District of Columbia Public School

employees shall be a non-negotiable item for collective bargaining

purposes: Provided further, That the District of Columbia Public

Schools shall spend $250,000 to engage in a Schools Without

Violence program based on a model developed by the University

of North Carolina, located in Greensboro, North Carolina: Provided

further, That the District of Columbia Public Schools shall spend $250,000 to implement a Failure Free Reading program in the

District’s public schools: Provided further, That notwithstanding

the amounts otherwise provided under this heading or any other

provision of law, there shall be appropriated to the District of

Columbia public charter schools on July 1, 2001, an amount equal

to 25 percent of the total amount provided for payments to public

charter schools in the proposed budget of the District of Columbia

for fiscal year 2002 (as submitted to Congress), and the amount

of such payment shall be chargeable against the final amount

provided for such payments under the District of Columbia Appropriations Act, 2002: Provided further, That notwithstanding the

amounts otherwise provided under this heading or any other provision of law, there shall be appropriated to the District of Columbia

Public Schools on July 1, 2001, an amount equal to 10 percent

of the total amount provided for the District of Columbia Public

Schools in the proposed budget of the District of Columbia for

fiscal year 2002 (as submitted to Congress), and the amount of

such payment shall be chargeable against the final amount provided

for the District of Columbia Public Schools under the District of

Columbia Appropriations Act, 2002.

HUMAN SUPPORT SERVICES

(INCLUDING TRANSFER OF FUNDS)

Human support services, $1,535,654,000 (including $637,347,000 from local funds, $881,589,000 from Federal funds,

and $16,718,000 from other funds): Provided, That $25,836,000

of this appropriation, to remain available until expended, shall

be available solely for District of Columbia employees’ disability

compensation: Provided further, That the District of Columbia shall

not provide free government services such as water, sewer, solid

waste disposal or collection, utilities, maintenance, repairs, or

similar services to any legally constituted private nonprofit

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

McKinney Homeless Assistance Act (101 Stat. 485; Public Law

100–77; 42 U.S.C. 11371), providing emergency shelter services

in the District, if the District would not be qualified to receive

reimbursement pursuant to such Act (101 Stat. 485; Public Law

100–77; 42 U.S.C. 11301 et seq.): Provided further, That $1,250,000

shall be paid to the Doe Fund for the operation of its Ready,

Willing, and Able Program in the District of Columbia as follows:

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

for services rendered shall be paid to the Doe Fund within 15

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

in equal monthly installments by the fifteenth day of each month:

Provided further, That $400,000 shall be available for the administrative costs associated with implementation of the Drug Treatment

Choice Program established pursuant to section 4 of the Choice

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

20, 2000 (D.C. Act 13–329): Provided further, That $7,000,000 shall

114 STAT. 2452 PUBLIC LAW 106–522—NOV. 22, 2000

be available for deposit in the Addiction Recovery Fund established

pursuant to section 5 of the Choice in Drug Treatment Act of

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

Provided further, That the District of Columbia is authorized to

enter into a long-term lease of Hamilton Field with Gonzaga College

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

introduce and implement a youth baseball program focused on

13 to 18 year old residents, said program to include summer and

fall baseball programs and baseball clinics: Provided further, That

notwithstanding any other provision of law, to augment the District

of Columbia subsidy for the District of Columbia Health and Hospitals Public Benefit Corporation, the District of Columbia may

transfer from other non-Federal funds appropriated under this Act

to the Human Support Services appropriation under this Act an

amount not to exceed $90,000,000 for the purpose of restructuring

the delivery of health services in the District of Columbia: Provided

further, That such restructuring shall be pursuant to a restructuring

plan approved by the Mayor of the District of Columbia, the Council

of the District of Columbia, the District of Columbia Financial

Responsibility and Management Assistance Authority, and the

Board of Directors of the Public Benefit Corporation: Provided further, That—

(1) the restructuring plan reduces personnel levels of D.C.

General Hospital and of the Public Benefit Corporation consistent with the reduction in force set forth in the August

25, 2000, resolution of the Board of Directors of the Public

Benefit Corporation regarding personnel structure, by reducing

personnel by at least 500 full-time equivalent employees, without replacement by contract personnel;

(2) no transferred funds are expended until 10 calendar

days after the restructuring plan has received final approval

and a copy evidencing final approval has been submitted by

the Mayor to the Committee on Government Reform of the

House of Representatives, the Committee on Governmental

Affairs of the Senate, and the Committees on Appropriations

of the House of Representatives and the Senate; and

(3) the plan includes a certification that the plan does

not request and does not rely upon any current or future

request for additional appropriation of Federal funds.

PUBLIC WORKS

Public works, including rental of one passenger-carrying vehicle

for use by the Mayor and three passenger-carrying vehicles for

use by the Council of the District of Columbia and leasing of

passenger-carrying vehicles, $278,242,000 (including $265,078,000

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

from other funds): Provided, That this appropriation shall not be

available for collecting ashes or miscellaneous refuse from hotels

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

available for a commercial sector recycling initiative, $250,000 to

initiate a recycling education campaign, $10,000 for community

clean-up kits, $190,000 to restore a 3.5 percent vacancy rate in

Parking Services, $170,000 to plant 500 trees, $118,000 for two

water trucks, $150,000 for contract monitors and parking analysts

within Parking Services, $1,409,000 for a neighborhood cleanup

initiative, $1,000,000 for tree maintenance, $600,000 for an antiVerDate 11-MAY-2000 01:26 Jan 31, 2001 Jkt 089139 PO 00522 Frm 00014 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL522.106 APPS27 PsN: PUBL522
PUBLIC LAW 106–522—NOV. 22, 2000 114 STAT. 2453

graffiti program, $226,000 for a hazardous waste program,

$1,260,000 for parking control aides, and $400,000 for the Department of Motor Vehicles to hire additional ticket adjudicators, conduct additional hearings, and reduce the waiting time for hearings.

RECEIVERSHIP PROGRAMS

For all agencies of the District of Columbia government under court ordered receivership, $389,528,000 (including $234,913,000

from local funds, $135,555,000 from Federal funds, and $19,060,000

from other funds).

RESERVE

For replacement of funds expended, if any, during fiscal year

2000 from the Reserve established by section 202( j) of the District

of Columbia Financial Responsibility and Management Assistance

Act of 1995, Public Law 104–8, $150,000,000 from local funds:

Provided, That none of these funds shall be obligated or expended

under this heading until the emergency reserve fund established

under this Act has been fully funded for fiscal year 2001 pursuant

to section 450A of the District of Columbia Home Rule Act as

set forth herein.

EMERGENCY RESERVE FUND

For the emergency reserve fund established under section

450A(a) of the District of Columbia Home Rule Act, the amount

provided for fiscal year 2001 under such section, to be derived

from local funds.

REPAYMENT OF LOANS AND INTEREST

For payment of principal, interest and certain fees directly

resulting from borrowing by the District of Columbia to fund District

of Columbia capital projects as authorized by sections 462, 475,

and 490 of the District of Columbia Home Rule Act, approved

December 24, 1973, $243,238,000 from local funds: Provided, That

any funds set aside pursuant to section 148 of the District of

Columbia Appropriations Act, 2000 (Public Law 106–113; 113 Stat.

1523) that are not used in the reserve funds established herein

shall be used for Pay-As-You-Go Capital Funds: Provided further,

That for equipment leases, the Mayor may finance $19,232,000

of equipment cost, plus cost of issuance not to exceed 2 percent

of the par amount being financed on a lease purchase basis with

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

is allocated to the Metropolitan Police Department, $4,300,000 for

the Fire and Emergency Medical Services Department, $1,622,000

for the Public Library, $2,010,000 for the Department of Parks

and Recreation, $7,500,000 for the Department of Public Works,

and $1,800,000 for the Public Benefit Corporation.

REPAYMENT OF GENERAL FUND RECOVERY DEBT

For the purpose of eliminating the $331,589,000 general fund

accumulated deficit as of September 30, 1990, $39,300,000 from

local funds, as authorized by section 461(a) of the District of

114 STAT. 2454 PUBLIC LAW 106–522—NOV. 22, 2000

Columbia Home Rule Act, (105 Stat. 540; D.C. Code, sec. 47–

321(a)(1)).

PAYMENT OF INTEREST ON SHORT-TERM BORROWING

For payment of interest on short-term borrowing, $1,140,000

from local funds.

PRESIDENTIAL INAUGURATION

For reimbursement for necessary expenses incurred in connection with Presidential inauguration activities as authorized by section 737(b) of the District of Columbia Home Rule Act, Public

Law 93–198, as amended, approved December 24, 1973 (87 Stat.

824; D.C. Code, sec. 1–1803), $5,961,000 from local funds, previously

appropriated in this Act as a Federal payment, which shall be

apportioned by the Chief Financial Officer within the various appropriation headings in this Act.

CERTIFICATES OF PARTICIPATION

For lease payments in accordance with the Certificates of

Participation involving the land site underlying the building located

at One Judiciary Square, $7,950,000 from local funds.

WILSON BUILDING

For expenses associated with the John A. Wilson Building,

$8,409,000 from local funds.

OPTICAL AND DENTAL INSURANCE PAYMENTS

For optical and dental insurance payments, $2,675,000 from

local funds.

MANAGEMENT SUPERVISORY SERVICE

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

funds, to be transferred by the Mayor of the District of Columbia

among the various appropriation headings in this Act for which

employees are properly payable.

TOBACCO SETTLEMENT TRUST FUND TRANSFER PAYMENT

Subject to the issuance of bonds to pay the purchase price

of the District of Columbia’s right, title and interest in and to

the Master Settlement Agreement, and consistent with the Tobacco

Settlement Financing and Trust Fund Amendment Act of 2000,

there is transferred the amount available pursuant thereto, but

not to exceed $61,406,000, to the Tobacco Settlement Trust Fund

established pursuant to section 2302 of the Tobacco Settlement

Trust Fund Establishment Act of 1999, effective October 20, 1999

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

spent pursuant to local law.

PUBLIC LAW 106–522—NOV. 22, 2000 114 STAT. 2455

OPERATIONAL IMPROVEMENTS SAVINGS (INCLUDING MANAGED

COMPETITION)

The Mayor and the Council, in consultation with the Chief

Financial Officer and the District of Columbia Financial Responsibility and Management Assistance Authority, shall make reductions

of $10,000,000 for operational improvements savings in local funds

to one or more of the appropriation headings in this Act.

MANAGEMENT REFORM SAVINGS

The Mayor and the Council, in consultation with the Chief

Financial Officer and the District of Columbia Financial Responsibility and Management Assistance Authority, shall make reductions

of $37,000,000 for management reform savings in local funds to

one or more of the appropriation headings in this Act.

CAFETERIA PLAN SAVINGS

For the implementation of a Cafeteria Plan pursuant to Federal

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

ENTERPRISE AND OTHER FUNDS

WATER AND SEWER AUTHORITY AND THE WASHINGTON AQUEDUCT

For operation of the Water and Sewer Authority and the Washington Aqueduct, $275,705,000 from other funds (including

$230,614,000 for the Water and Sewer Authority and $45,091,000

for the Washington Aqueduct) of which $41,503,000 shall be apportioned and payable to the District’s debt service fund for repayment

of loans and interest incurred for capital improvement projects.

For construction projects, $140,725,000, as authorized by the

Act entitled ‘‘An Act authorizing the laying of watermains and

service sewers in the District of Columbia, the levying of assessments therefor, and for other purposes’’ (33 Stat. 244; Public Law

58–140; D.C. Code, sec. 43–1512 et seq.): Provided, That the requirements and restrictions that are applicable to general fund capital

improvements projects and set forth in this Act under the Capital

Outlay appropriation title shall apply to projects approved under

this appropriation title.

LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

For the Lottery and Charitable Games Enterprise Fund, established by the District of Columbia Appropriation Act for the fiscal

year ending September 30, 1982 (95 Stat. 1174, 1175; Public Law

97–91), for the purpose of implementing the Law to Legalize Lotteries, Daily Numbers Games, and Bingo and Raffles for Charitable

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

sec. 2–2501 et seq. and sec. 22–1516 et seq.), $223,200,000: Provided, That the District of Columbia shall identify the source of

funding for this appropriation title from the District’s own locally

generated revenues: Provided further, That no revenues from Federal sources shall be used to support the operations or activities

of the Lottery and Charitable Games Control Board.

114 STAT. 2456 PUBLIC LAW 106–522—NOV. 22, 2000

SPORTS AND ENTERTAINMENT COMMISSION

For the Sports and Entertainment Commission, $10,968,000

from other funds: Provided, That the Mayor shall submit a budget

for the Armory Board for the forthcoming fiscal year as required

by section 442(b) of the District of Columbia Home Rule Act (87

Stat. 824; Public Law 93–198; D.C. Code, sec. 47–301(b)).

DISTRICT OF COLUMBIA HEALTH AND HOSPITALS PUBLIC BENEFIT

CORPORATION

(INCLUDING TRANSFER OF FUNDS)

For the District of Columbia Health and Hospitals Public Benefit Corporation, established by D.C. Law 11–212 (D.C. Code, sec.

32–262.2), $123,548,000, of which $45,313,000 shall be derived by

transfer from the general fund, and $78,235,000 from other funds:

Provided, That no appropriated amounts and no amounts from

or guaranteed by the District of Columbia government (including

the District of Columbia Financial Responsibility and Management

Assistance Authority) may be made available to the Corporation

(through reprogramming, transfers, loans, or any other mechanism)

which are not otherwise provided for under this heading until

a restructuring plan for D.C. General Hospital has been approved

by the Mayor of the District of Columbia, the Council of the District

of Columbia, the Authority, the Chief Financial Officer of the District of Columbia, and the Chair of the Board of Directors of the

Corporation: Provided further, That for each payment or group

of payments made by or on behalf of the Corporation, the Chief

Financial Officer of the District of Columbia shall sign an affidavit

certifying that the making of the payment does not constitute

a violation of any provision of subchapter III of chapter 13 of

title 31, United States Code, or of any provision of this Act: Provided

further, That more than one payment may be covered by the same

affidavit under the previous proviso, but a single affidavit may

not cover more than one week’s worth of payments: Provided further, That it shall be unlawful for any person to order any other

person to sign any affidavit required under this heading, or for

any person to provide any signature required under this heading

on such an affidavit by proxy or by machine, computer, or other

facsimile device.

DISTRICT OF COLUMBIA RETIREMENT BOARD

For the District of Columbia Retirement Board, established

by section 121 of the District of Columbia Retirement Reform Act

of 1979 (93 Stat. 866; D.C. Code, sec. 1–711), $11,414,000 from

the earnings of the applicable retirement funds to pay legal,

management, investment, and other fees and administrative

expenses of the District of Columbia Retirement Board: Provided,

That the District of Columbia Retirement Board shall provide to

the Congress and to the Council of the District of Columbia a

quarterly report of the allocations of charges by fund and of expenditures of all funds: Provided further, That the District of Columbia

Retirement Board shall provide the Mayor, for transmittal to the

Council of the District of Columbia, an itemized accounting of

the planned use of appropriated funds in time for each annual

PUBLIC LAW 106–522—NOV. 22, 2000 114 STAT. 2457

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

each annual audited financial report.

CORRECTIONAL INDUSTRIES FUND

For the Correctional Industries Fund, established by the District of Columbia Correctional Industries Establishment Act (78

Stat. 1000; Public Law 88–622), $1,808,000 from other funds.

WASHINGTON CONVENTION CENTER ENTERPRISE FUND

For the Washington Convention Center Enterprise Fund,

$52,726,000 from other funds.

CAPITAL OUTLAY

(INCLUDING RESCISSIONS)

For construction projects, an increase of $1,077,282,000 of which

$806,787,000 is from local funds, $66,446,000 is from highway trust

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

of $55,208,000 from local funds appropriated under this heading

in prior fiscal years, for a net amount of $1,022,074,000 to remain

available until expended: Provided, That funds for use of each

capital project implementing agency shall be managed and controlled in accordance with all procedures and limitations established

under the Financial Management System: Provided further, That

all funds provided by this appropriation title shall be available

only for the specific projects and purposes intended: Provided further, That notwithstanding the foregoing, all authorizations for

capital outlay projects, except those projects covered by the first

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

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

for which funds are provided by this appropriation title, shall expire

on September 30, 2002, except authorizations for projects as to

which funds have been obligated in whole or in part prior to

September 30, 2002: Provided further, That upon expiration of

any such project authorization, the funds provided herein for the

project shall lapse.

GENERAL PROVISIONS

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

an appropriation for particular purposes or objects of expenditure,

such amount, unless otherwise specified, shall be considered as

the maximum amount that may be expended for said purpose

or object rather than an amount set apart exclusively therefor.

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

expenses of travel and for the payment of dues of organizations

concerned with the work of the District of Columbia government,

when authorized by the Mayor: Provided, That in the case of the

Council of the District of Columbia, funds may be expended with

the authorization of the chair of the Council.

SEC. 103. There are appropriated from the applicable funds

of the District of Columbia such sums as may be necessary for

making refunds and for the payment of judgments that have been

entered against the District of Columbia government: Provided,

Expiration date.

114 STAT. 2458 PUBLIC LAW 106–522—NOV. 22, 2000

That nothing contained in this section shall be construed as modifying or affecting the provisions of section 11(c)(3) of title XII

of the District of Columbia Income and Franchise Tax Act of 1947

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

SEC. 104. (a) REQUIRING MAYOR TO MAINTAIN INDEX.—Effective

with respect to fiscal year 2001 and each succeeding fiscal year,

the Mayor of the District of Columbia shall maintain an index

of all employment personal services and consulting contracts in

effect on behalf of the District government, and shall include in

the index specific information on any severance clause in effect

under any such contract.

(b) PUBLIC INSPECTION.—The index maintained under subsection (a) shall be kept available for public inspection during

regular business hours.

(c) CONTRACTS EXEMPTED.—Subsection (a) shall not apply with

respect to any collective bargaining agreement or any contract

entered into pursuant to such a collective bargaining agreement.

(d) DISTRICT GOVERNMENT DEFINED.—In this section, the term

‘‘District government’’ means the government of the District of

Columbia, including—

(1) any department, agency or instrumentality of the

government of the District of Columbia;

(2) any independent agency of the District of Columbia

established under part F of title IV of the District of Columbia

Home Rule Act or any other agency, board, or commission

established by the Mayor or the Council;

(3) the Council of the District of Columbia;

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

corporation which has the authority to receive monies directly

or indirectly from the District of Columbia (other than monies

received from the sale of goods, the provision of services, or

the loaning of funds to the District of Columbia); and

(5) the District of Columbia Financial Responsibility and

Management Assistance Authority.

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

subject to subsection (a), nor any severance payment made under

such contract, if a copy of the contract has not been filed in the

index. Interested parties may file copies of their contract or severance agreement in the index on their own behalf.

SEC. 105. No part of any appropriation contained in this Act

shall remain available for obligation beyond the current fiscal year

unless expressly so provided herein.

SEC. 106. No funds appropriated in this Act for the District

of Columbia government for the operation of educational institutions, the compensation of personnel, or for other educational purposes may be used to permit, encourage, facilitate, or further partisan political activities. Nothing herein is intended to prohibit

the availability of school buildings for the use of any community

or partisan political group during non-school hours.

SEC. 107. None of the funds appropriated in this Act shall

be made available to pay the salary of any employee of the District

of Columbia government whose name, title, grade, salary, past

work experience, and salary history are not available for inspection

by the House and Senate Committees on Appropriations, the House

Committee on Government Reform, the Senate Committee on

Governmental Affairs, and the Council of the District of Columbia,

or their duly authorized representative.

Effective date.

PUBLIC LAW 106–522—NOV. 22, 2000 114 STAT. 2459

SEC. 108. There are appropriated from the applicable funds

of the District of Columbia such sums as may be necessary for

making payments authorized by the District of Columbia Revenue

Recovery Act of 1977 (D.C. Law 2–20; D.C. Code, sec. 47–421

et seq.).

SEC. 109. No part of this appropriation shall be used for publicity or propaganda purposes or implementation of any policy

including boycott designed to support or defeat legislation pending

before Congress or any State legislature.

SEC. 110. At the start of the fiscal year, the Mayor shall

develop an annual plan, by quarter and by project, for capital

outlay borrowings: Provided, That within a reasonable time after

the close of each quarter, the Mayor shall report to the Council

of the District of Columbia and the Congress the actual borrowings

and spending progress compared with projections.

SEC. 111. (a) None of the funds provided under this Act to

the agencies funded by this Act, both Federal and District government agencies, that remain available for obligation or expenditure

in fiscal year 2001, or provided from any accounts in the Treasury

of the United States derived by the collection of fees available

to the agencies funded by this Act, shall be available for obligation

or expenditure for an agency through a reprogramming of funds

which: (1) creates new programs; (2) eliminates a program, project,

or responsibility center; (3) establishes or changes allocations

specifically denied, limited or increased by Congress in this Act;

(4) increases funds or personnel by any means for any program,

project, or responsibility center for which funds have been denied

or restricted; (5) reestablishes through reprogramming any program

or project previously deferred through reprogramming; (6) augments

existing programs, projects, or responsibility centers through a reprogramming of funds in excess of $1,000,000 or 10 percent, whichever is less; or (7) increases by 20 percent or more personnel

assigned to a specific program, project or responsibility center;

unless the Committees on Appropriations of both the Senate and

House of Representatives are notified in writing 30 days in advance

of any reprogramming as set forth in this section.

(b) None of the local funds contained in this Act may be available for obligation or expenditure for an agency through a reprogramming of funds which transfers any local funds from one

appropriation to another unless the Committees on Appropriations

of the Senate and House of Representatives are notified in writing

30 days in advance of the transfer, except that in no event may

the amount of any funds transferred exceed 2 percent of the local

funds in the appropriation.

SEC. 112. Consistent with the provisions of 31 U.S.C. 1301(a),

appropriations under this Act shall be applied only to the objects

for which the appropriations were made except as otherwise provided by law.

SEC. 113. Notwithstanding any other provisions of law, the

provisions of the District of Columbia Government Comprehensive

Merit Personnel Act of 1978 (D.C. Law 2–139; D.C. Code, sec.

1–601.1 et seq.), enacted pursuant to section 422(3) of the District

of Columbia Home Rule Act (87 Stat. 790; Public Law 93–198;

D.C. Code, sec. 1–242(3)), shall apply with respect to the compensation of District of Columbia employees: Provided, That for pay

purposes, employees of the District of Columbia government shall

not be subject to the provisions of title 5, United States Code.

Notification.

Notification.

114 STAT. 2460 PUBLIC LAW 106–522—NOV. 22, 2000

SEC. 114. No later than 30 days after the end of the first

quarter of the fiscal year ending September 30, 2001, the Mayor

of the District of Columbia shall submit to the Council of the

District of Columbia the new fiscal year 2001 revenue estimates

as of the end of the first quarter of fiscal year 2001. These estimates

shall be used in the budget request for the fiscal year ending

September 30, 2002. The officially revised estimates at midyear

shall be used for the midyear report.

SEC. 115. No sole source contract with the District of Columbia

government or any agency thereof may be renewed or extended

without opening that contract to the competitive bidding process

as set forth in section 303 of the District of Columbia Procurement

Practices Act of 1985 (D.C. Law 6–85; D.C. Code, sec. 1–1183.3),

except that the District of Columbia government or any agency

thereof may renew or extend sole source contracts for which competition is not feasible or practical: Provided, That the determination as to whether to invoke the competitive bidding process has

been made in accordance with duly promulgated rules and procedures and said determination has been reviewed and approved

by the District of Columbia Financial Responsibility and Management Assistance Authority.

SEC. 116. For purposes of the Balanced Budget and Emergency

Deficit Control Act of 1985 (99 Stat. 1037; Public Law 99–177),

the term ‘‘program, project, and activity’’ shall be synonymous with

and refer specifically to each account appropriating Federal funds

in this Act, and any sequestration order shall be applied to each

of the accounts rather than to the aggregate total of those accounts:

Provided, That sequestration orders shall not be applied to any

account that is specifically exempted from sequestration by the

Balanced Budget and Emergency Deficit Control Act of 1985.

SEC. 117. In the event a sequestration order is issued pursuant

to the Balanced Budget and Emergency Deficit Control Act of

1985 (99 Stat. 1037: Public Law 99–177), after the amounts appropriated to the District of Columbia for the fiscal year involved

have been paid to the District of Columbia, the Mayor of the

District of Columbia shall pay to the Secretary of the Treasury,

within 15 days after receipt of a request therefor from the Secretary

of the Treasury, such amounts as are sequestered by the order:

Provided, That the sequestration percentage specified in the order

shall be applied proportionately to each of the Federal appropriation

accounts in this Act that are not specifically exempted from sequestration by such Act.

SEC. 118. ACCEPTANCE AND USE OF GIFTS. (a) APPROVAL BY

MAYOR.—

(1) IN GENERAL.—An entity of the District of Columbia

government may accept and use a gift or donation during

fiscal year 2001 if—

(A) the Mayor approves the acceptance and use of

the gift or donation (except as provided in paragraph (2));

and

(B) the entity uses the gift or donation to carry out

its authorized functions or duties.

(2) EXCEPTION FOR COUNCIL AND COURTS.—The Council

of the District of Columbia and the District of Columbia courts

may accept and use gifts without prior approval by the Mayor.

(b) RECORDS AND PUBLIC INSPECTION.—Each entity of the District of Columbia government shall keep accurate and detailed

Deadline.

PUBLIC LAW 106–522—NOV. 22, 2000 114 STAT. 2461

records of the acceptance and use of any gift or donation under

subsection (a), and shall make such records available for audit

and public inspection.

(c) INDEPENDENT AGENCIES INCLUDED.—For the purposes of

this section, the term ‘‘entity of the District of Columbia government’’ includes an independent agency of the District of Columbia.

(d) EXCEPTION FOR BOARD OF EDUCATION.—This section shall

not apply to the District of Columbia Board of Education, which

may, pursuant to the laws and regulations of the District of

Columbia, accept and use gifts to the public schools without prior

approval by the Mayor.

SEC. 119. None of the Federal funds provided in this Act may

be used by the District of Columbia to provide for salaries, expenses,

or other costs associated with the offices of United States Senator

or United States Representative under section 4(d) of the District

of Columbia Statehood Constitutional Convention Initiatives of 1979

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

SEC. 120. (a) MODIFICATION OF CONTRACTING REQUIREMENTS.—

(1) CONTRACTS SUBJECT TO NOTICE REQUIREMENTS.—Section 2204(c)(1)(A) of the District of Columbia School Reform

Act (sec. 31–2853.14(c)(1)(A), D.C. Code) is amended to read

as follows:

‘‘(A) NOTICE REQUIREMENT FOR PROCUREMENT CONTRACTS.—

‘‘(i) IN GENERAL.—Except in the case of an emergency (as determined by the eligible chartering

authority of a public charter school), with respect to

any procurement contract proposed to be awarded by

the public charter school and having a value equal

to or exceeding $25,000, the school shall publish a

notice of a request for proposals in the District of

Columbia Register and newspapers of general circulation not less than 7 days prior to the award of the

contract.

‘‘(ii) EXCEPTION FOR CERTAIN CONTRACTS.—The

notice requirement of clause (i) shall not apply with

respect to any contract for the lease or purchase of

real property by a public charter school, any employment contract for a staff member of a public charter

school, or any management contract entered into by

a public charter school and the management company

designated in its charter or its petition for a revised

charter.’’.

(2) SUBMISSION OF CONTRACTS TO ELIGIBLE CHARTERING

AUTHORITY.—Section 2204(c)(1)(B) of such Act (sec. 31–

2853.14(c)(1)(B), D.C. Code) is amended—

(A) in the heading, by striking ‘‘AUTHORITY’’ and

inserting ‘‘ELIGIBLE CHARTERING AUTHORITY’’;

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

‘‘eligible chartering authority’’; and

(C) by amending clause (ii) to read as follows: ‘‘(ii) EFFECTIVE DATE OF CONTRACT.—A contract

described in subparagraph (A) shall become effective

on the date that is 10 days after the date the school

makes the submission under clause (i) with respect

to the contract, or the effective date specified in the

contract, whichever is later.’’.

District of

Columbia

Register,

publication.

114 STAT. 2462 PUBLIC LAW 106–522—NOV. 22, 2000

(b) CLARIFICATION OF APPLICATION OF SCHOOL REFORM ACT.—

(1) WAIVER OF DUPLICATE AND CONFLICTING PROVISIONS.—

Section 2210 of such Act (sec. 31–2853.20, D.C. Code) is

amended by adding at the end the following new subsection:

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

PROVISIONS.—Notwithstanding any other provision of law, and

except as otherwise provided in this title, no provision of any

law regarding the establishment, administration, or operation of

public charter schools in the District of Columbia shall apply with

respect to a public charter school or an eligible chartering authority

to the extent that the provision duplicates or is inconsistent with

any provision of this title.’’.

(2) EFFECTIVE DATE.—The amendments made by this subsection shall take effect as if included in the enactment of

the District of Columbia School Reform Act of 1995.

(c) LICENSING REQUIREMENTS FOR PRESCHOOL OR PREKINDERGARTEN PROGRAMS.—

(1) IN GENERAL.—Section 2204(c) of such Act (sec. 31–

2853.14(c), D.C. Code) is amended by adding at the end the

following new paragraph:

‘‘(18) LICENSING AS CHILD DEVELOPMENT CENTER.—A public

charter school which offers a preschool or prekindergarten program shall be subject to the same child care licensing requirements (if any) which apply to a District of Columbia public

school which offers such a program.’’.

(2) CONFORMING AMENDMENTS.—(A) Section 2202 of such

Act (sec. 31–2853.12, D.C. Code) is amended by striking clause

(17).

(B) Section 2203(h)(2) of such Act (sec. 31–2853.13(h)(2),

D.C. Code) is amended by striking ‘‘(17),’’.

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

Act of 1995 (sec. 31–2853.43, D.C. Code) is amended by adding

at the end the following new subsection:

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

assign any payments made to the school under this section to

a financial institution for use as collateral to secure a loan or

for the repayment of a loan.’’.

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

Act of 1995 (sec. 31–2853.20, D.C. Code), as amended by subsection

(b), is further amended by adding at the end the following new

subsection:

‘‘(e) PARTICIPATION IN GSA PROGRAMS.—

‘‘(1) IN GENERAL.—Notwithstanding any provision of this

Act or any other provision of law, a public charter school

may acquire goods and services through the General Services

Administration and may participate in programs of the

Administration in the same manner and to the same extent

as any entity of the District of Columbia government.

‘‘(2) PARTICIPATION BY CERTAIN ORGANIZATIONS.—A public

charter school may delegate to a nonprofit, tax-exempt organization in the District of Columbia the public charter school’s

authority under paragraph (1).’’.

SEC. 121. REPORTING REQUIREMENTS FOR THE DISTRICT OF

COLUMBIA PUBLIC SCHOOLS AND THE UNIVERSITY OF THE DISTRICT

OF COLUMBIA. (a) The Superintendent of the District of Columbia

Public Schools (DCPS) and the University of the District of

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PUBLIC LAW 106–522—NOV. 22, 2000 114 STAT. 2463

Columbia (UDC) shall each submit to the Committees on Appropriations of the House of Representatives and Senate, the Committee

on Government Reform of the House of Representatives, and the

Committee on Governmental Affairs of the Senate no later than

15 calendar days after the end of each quarter a report that sets

forth—

(1) current quarter expenditures and obligations, year-todate expenditures and obligations, and total fiscal year expenditure projections versus budget broken out on the basis of control

center, responsibility center, and object class, and for all funds,

non-appropriated funds, and capital financing;

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

and the amount of funds frozen, broken out by control center,

responsibility center, detailed object, and for all funding

sources;

(3) a list of all active contracts in excess of $10,000

annually, which contains the name of each contractor; the

budget to which the contract is charged, broken out on the

basis of control center, responsibility center, and agency

reporting code; and contract identifying codes used by DCPS

and UDC; payments made in the last quarter and year-todate, the total amount of the contract and total payments

made for the contract and any modifications, extensions,

renewals; and specific modifications made to each contract in

the last month;

(4) all reprogramming requests and reports that are

required to be, and have been, submitted to the Board of

Education;

(5) all reprogramming requests and reports that have been

made by UDC within the last quarter in compliance with

applicable law; and

(6) changes made in the last quarter to the organizational

structure of DCPS and UDC, displaying for each entity previous

and current control centers and responsibility centers, the

names of the organizational entities that have been changed,

the name of the staff member supervising each entity affected,

and the reasons for the structural change.

(b) The Superintendent of DCPS and UDC shall annually compile an accurate and verifiable report on the positions and employees

in the public school system and the university, respectively. The

annual report shall—

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

in the District of Columbia public schools and UDC for fiscal

year 2001, and thereafter on full-time equivalent basis,

including a compilation of all positions by control center, responsibility center, funding source, position type, position title, pay

plan, grade, and annual salary;

(2) set forth a compilation of all employees in the District

of Columbia public schools and UDC as of the preceding

December 31, verified as to its accuracy in accordance with

the functions that each employee actually performs, by control

center, responsibility center, agency reporting code, program

(including funding source), activity, location for accounting purposes, job title, grade and classification, annual salary, and

position control number; and

114 STAT. 2464 PUBLIC LAW 106–522—NOV. 22, 2000

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

of Columbia Council, the Consensus Commission, and the

Authority, not later than February 15 of each year.

(c) No later than November 1, 2000, or within 30 calendar

days after the date of the enactment of this Act, whichever occurs

later, and each succeeding year, the Superintendent of DCPS and

UDC shall submit to the appropriate congressional committees,

the Mayor, the District of Columbia Council, the Consensus

Commission, and the District of Columbia Financial Responsibility

and Management Assistance Authority, a revised appropriated

funds operating budget for the public school system and UDC

for such fiscal year: (1) that is in the total amount of the approved

appropriation and that realigns budgeted data for personal services

and other-than-personal services, respectively, with anticipated

actual expenditures; and (2) that is in the format of the budget

that the Superintendent of DCPS and UDC submit to the Mayor

of the District of Columbia for inclusion in the Mayor’s budget

submission to the Council of the District of Columbia pursuant

to section 442 of the District of Columbia Home Rule Act (Public

Law 93–198; D.C. Code, sec. 47–301).

SEC. 122. (a) None of the funds contained in this Act may

be made available to pay the fees of an attorney who represents

a party who prevails in an action or any attorney who defends

any action, including an administrative proceeding, brought against

the District of Columbia Public Schools under the Individuals with

Disabilities Education Act (20 U.S.C. 1400 et seq.) if—

(1) the hourly rate of compensation of the attorney exceeds

250 percent of the hourly rate of compensation under section

11–2604(a), District of Columbia Code; or

(2) the maximum amount of compensation of the attorney

exceeds 250 percent of the maximum amount of compensation

under section 11–2604(b)(1), District of Columbia Code, except

that compensation and reimbursement in excess of such maximum may be approved for extended or complex representation

in accordance with section 11–2604(c), District of Columbia

Code; and

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

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

(b) Notwithstanding the preceding subsection, if the Mayor

and the Superintendent of the District of Columbia Public Schools

concur in a Memorandum of Understanding setting forth a new

rate and amount of compensation, then such new rates shall apply

in lieu of the rates set forth in the preceding subsection to both

the attorney who represents the prevailing party and the attorney

who defends the action.

SEC. 123. None of the funds appropriated under this Act shall

be expended for any abortion except where the life of the mother

would be endangered if the fetus were carried to term or where

the pregnancy is the result of an act of rape or incest.

SEC. 124. None of the funds made available in this Act may

be used to implement or enforce the Health Care Benefits Expansion

Act of 1992 (D.C. Law 9–114; D.C. Code, sec. 36–1401 et seq.)

or to otherwise implement or enforce any system of registration

of unmarried, cohabiting couples (whether homosexual, heterosexual, or lesbian), including but not limited to registration for

the purpose of extending employment, health, or governmental

Abortion.

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PUBLIC LAW 106–522—NOV. 22, 2000 114 STAT. 2465

benefits to such couples on the same basis that such benefits are

extended to legally married couples.

SEC. 125. The District of Columbia Financial Responsibility

and Management Assistance Authority, acting on behalf of the

District of Columbia Public Schools (DCPS) in formulating the

DCPS budget, the Board of Trustees of the University of the District

of Columbia, the Board of Library Trustees, and the Board of

Governors of the University of the District of Columbia School

of Law shall vote on and approve the respective annual or revised

budgets for such entities before submission to the Mayor of the

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

to the Council of the District of Columbia in accordance with section

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

budgets directly to the Council.

SEC. 126. (a) ACCEPTANCE AND USE OF GRANTS NOT INCLUDED

IN CEILING.—

(1) IN GENERAL.—Notwithstanding any other provision of

this Act, the Mayor, in consultation with the Chief Financial

Officer, during a control year, as defined in section 305(4)

of the District of Columbia Financial Responsibility and

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

Stat. 152), may accept, obligate, and expend Federal, private,

and other grants received by the District government that

are not reflected in the amounts appropriated in this Act.

(2) REQUIREMENT OF CHIEF FINANCIAL OFFICER REPORT AND

AUTHORITY APPROVAL.—No such Federal, private, or other grant

may be accepted, obligated, or expended pursuant to paragraph

(1) until—

(A) the Chief Financial Officer of the District of

Columbia submits to the Authority a report setting forth

detailed information regarding such grant; and

(B) the Authority has reviewed and approved the

acceptance, obligation, and expenditure of such grant in

accordance with review and approval procedures consistent

with the provisions of the District of Columbia Financial

Responsibility and Management Assistance Act of 1995.

(3) PROHIBITION ON SPENDING IN ANTICIPATION OF APPROVAL

OR RECEIPT.—No amount may be obligated or expended from

the general fund or other funds of the District government

in anticipation of the approval or receipt of a grant under

paragraph (2)(B) of this subsection or in anticipation of the

approval or receipt of a Federal, private, or other grant not

subject to such paragraph.

(4) QUARTERLY REPORTS.—The Chief Financial Officer of

the District of Columbia shall prepare a quarterly report setting

forth detailed information regarding all Federal, private, and

other grants subject to this subsection. Each such report shall

be submitted to the Council of the District of Columbia, and

to the Committees on Appropriations of the House of Representatives and the Senate, not later than 15 days after the end

of the quarter covered by the report.

(b) REPORT ON EXPENDITURES BY FINANCIAL RESPONSIBILITY

AND MANAGEMENT ASSISTANCE AUTHORITY.—Not later than 20 calendar days after the end of each fiscal quarter starting October

1, 2000, the Authority shall submit a report to the Committees

on Appropriations of the House of Representatives and the Senate,

Deadline.

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114 STAT. 2466 PUBLIC LAW 106–522—NOV. 22, 2000

the Committee on Government Reform of the House, and the Committee on Governmental Affairs of the Senate providing an itemized

accounting of all non-appropriated funds obligated or expended

by the Authority for the quarter. The report shall include information on the date, amount, purpose, and vendor name, and a description of the services or goods provided with respect to the expenditures of such funds.

SEC. 127. If a department or agency of the government of

the District of Columbia is under the administration of a courtappointed receiver or other court-appointed official during fiscal

year 2001 or any succeeding fiscal year, the receiver or official

shall prepare and submit to the Mayor, for inclusion in the annual

budget of the District of Columbia for the year, annual estimates

of the expenditures and appropriations necessary for the maintenance and operation of the department or agency. All such estimates

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

pursuant to sections 446 and 603(c) of the District of Columbia

Home Rule Act, without revision but subject to the Mayor’s recommendations. Notwithstanding any provision of the District of

Columbia Home Rule Act (87 Stat. 774; Public Law 93–198), the

Council may comment or make recommendations concerning such

annual estimates but shall have no authority under such Act to

revise such estimates.

SEC. 128. (a) RESTRICTIONS ON USE OF OFFICIAL VEHICLES.—

Except as otherwise provided in this section, none of the funds

made available by this Act or by any other Act may be used

to provide any officer or employee of the District of Columbia

with an official vehicle unless the officer or employee uses the

vehicle only in the performance of the officer’s or employee’s official

duties. For purposes of this paragraph, the term ‘‘official duties’’

does not include travel between the officer’s or employee’s residence

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

of the Metropolitan Police Department who resides in the District

of Columbia or is otherwise designated by the Chief of the Department; (2) at the discretion of the Fire Chief, an officer or employee

of the District of Columbia Fire and Emergency Medical Services

Department who resides in the District of Columbia and is on

call 24 hours a day; (3) the Mayor of the District of Columbia;

and (4) the Chairman of the Council of the District of Columbia).

(b) INVENTORY OF VEHICLES.—The Chief Financial Officer of

the District of Columbia shall submit, by November 15, 2000, an

inventory, as of September 30, 2000, of all vehicles owned, leased

or operated by the District of Columbia government. The inventory

shall include, but not be limited to, the department to which the

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

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

and maintenance costs; current mileage; and whether the vehicle

is allowed to be taken home by a District officer or employee

and if so, the officer or employee’s title and resident location.

SEC. 129. (a) SOURCE OF PAYMENT FOR EMPLOYEES DETAILED

WITHIN GOVERNMENT.—For purposes of determining the amount

of funds expended by any entity within the District of Columbia

government during fiscal year 2001 and each succeeding fiscal

year, any expenditures of the District government attributable to

any officer or employee of the District government who provides

services which are within the authority and jurisdiction of the

entity (including any portion of the compensation paid to the officer

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PUBLIC LAW 106–522—NOV. 22, 2000 114 STAT. 2467

or employee attributable to the time spent in providing such services) shall be treated as expenditures made from the entity’s budget,

without regard to whether the officer or employee is assigned to

the entity or otherwise treated as an officer or employee of the

entity.

(b) MODIFICATION OF REDUCTION IN FORCE PROCEDURES.—Section 2408 of the District of Columbia Government Comprehensive

Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law

2–139; D.C. Code, sec. 1–625.7), is amended as follows:

(1) Subsection (a) is amended by striking ‘‘September 30,

2000’’ and inserting ‘‘September 30, 2000, and each subsequent

fiscal year’’.

(2) Subsection (b) is amended by striking ‘‘Prior to February

1, 2000’’ and inserting ‘‘Prior to February 1 of each year’’.

(3) Subsection (i) is amended by striking ‘‘March 1, 2000’’

and inserting ‘‘March 1 of each year’’.

(4) Subsection (k) is amended by striking ‘‘September 1,

2000’’ and inserting ‘‘September 1 of each year’’.

(c) No officer or employee of the District of Columbia government (including any independent agency of the District but

excluding the District of Columbia Financial Responsibility and

Management Assistance Authority, the Metropolitan Police Department, and the Office of the Chief Technology Officer) may enter

into an agreement in excess of $2,500 for the procurement of goods

or services on behalf of any entity of the District government

until the officer or employee has conducted an analysis of how

the procurement of the goods and services involved under the

applicable regulations and procedures of the District government

would differ from the procurement of the goods and services involved

under the Federal supply schedule and other applicable regulations

and procedures of the General Services Administration, including

an analysis of any differences in the costs to be incurred and

the time required to obtain the goods or services.

SEC. 130. Notwithstanding any other provision of law, not

later than 120 days after the date that a District of Columbia

Public Schools (DCPS) student is referred for evaluation or

assessment—

(1) the District of Columbia Board of Education, or its

successor, and DCPS shall assess or evaluate a student who

may have a disability and who may require special education

services; and

(2) if a student is classified as having a disability, as

defined in section 101(a)(1) of the Individuals with Disabilities

Education Act (84 Stat. 175; 20 U.S.C. 1401(a)(1)) or in section

7(8) of the Rehabilitation Act of 1973 (87 Stat. 359; 29 U.S.C.

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

appropriate program of special education services.

SEC. 131. (a) COMPLIANCE WITH BUY AMERICAN ACT.—None

of the funds made available in this Act may be expended by an

entity unless the entity agrees that in expending the funds the

entity will comply with the Buy American Act (41 U.S.C. 10a–

10c).

(b) SENSE OF THE CONGRESS; REQUIREMENT REGARDING

NOTICE.—

(1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.—In the case of any equipment or product that may

Deadline.

114 STAT. 2468 PUBLIC LAW 106–522—NOV. 22, 2000

be authorized to be purchased with financial assistance provided using funds made available in this Act, it is the sense

of the Congress that entities receiving the assistance should,

in expending the assistance, purchase only American-made

equipment and products to the greatest extent practicable.

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

financial assistance using funds made available in this Act,

the head of each agency of the Federal or District of Columbia

government shall provide to each recipient of the assistance

a notice describing the statement made in paragraph (1) by

the Congress.

(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY

LABELING PRODUCTS AS MADE IN AMERICA.—If it has been finally

determined by a court or Federal agency that any person intentionally affixed a label bearing a ‘‘Made in America’’ inscription,

or any inscription with the same meaning, to any product sold

in or shipped to the United States that is not made in the United

States, the person shall be ineligible to receive any contract or

subcontract made with funds made available in this Act, pursuant

to the debarment, suspension, and ineligibility procedures described

in sections 9.400 through 9.409 of title 48, Code of Federal Regulations.

SEC. 132. None of the funds contained in this Act may be

used for purposes of the annual independent audit of the District

of Columbia government (including the District of Columbia Financial Responsibility and Management Assistance Authority) for fiscal

year 2001 unless—

(1) the audit is conducted by the Inspector General of

the District of Columbia pursuant to section 208(a)(4) of the

District of Columbia Procurement Practices Act of 1985 (D.C.

Code, sec. 1–1182.8(a)(4)); and

(2) the audit includes a comparison of audited actual yearend results with the revenues submitted in the budget document for such year and the appropriations enacted into law

for such year.

SEC. 133. None of the funds contained in this Act may be

used by the District of Columbia Corporation Counsel or any other

officer or entity of the District government to provide assistance

for any petition drive or civil action which seeks to require Congress

to provide for voting representation in Congress for the District

of Columbia.

SEC. 134. None of the funds contained in this Act may be

used to transfer or confine inmates classified above the medium

security level, as defined by the Federal Bureau of Prisons classification instrument, to the Northeast Ohio Correctional Center located

in Youngstown, Ohio.

SEC. 135. Subsection 3(e) of Public Law 104–21 (D.C. Code

sec. 7–134.2(e)) is amended to read as follows:

‘‘(e) INSPECTOR GENERAL AUDIT.—Not later than February 1,

2001, and each February 1 thereafter, the Inspector General of

the District of Columbia shall audit the financial statements of

the District of Columbia Highway Trust Fund for the preceding

fiscal year and shall submit to Congress a report on the results

of such audit. Not later than May 31, 2001, and each May 31

thereafter, the Inspector General shall examine the statements

forecasting the conditions and operations of the Trust Fund for

the next 5 fiscal years commencing on the previous October 1

Deadlines.

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PUBLIC LAW 106–522—NOV. 22, 2000 114 STAT. 2469

and shall submit to Congress a report on the results of such examination.’’.

SEC. 136. No later than November 1, 2000, or within 30 calendar days after the date of the enactment of this Act, whichever

occurs later, the Chief Financial Officer of the District of Columbia

shall submit to the appropriate committees of Congress, the Mayor,

and the District of Columbia Financial Responsibility and Management Assistance Authority a revised appropriated funds operating

budget in the format of the budget that the District of Columbia

government submitted pursuant to section 442 of the District of

Columbia Home Rule Act (Public Law 93–198; D.C. Code, sec.

47–301), for all agencies of the District of Columbia government

for such fiscal year that is in the total amount of the approved

appropriation and that realigns all budgeted data for personal services and other-than-personal-services, respectively, with anticipated

actual expenditures.

SEC. 137. (a) None of the funds contained in this Act may

be used for any program of distributing sterile needles or syringes

for the hypodermic injection of any illegal drug.

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

in this Act and who carries out any program described in subsection

(a) shall account for all funds used for such program separately

from any funds contained in this Act.

SEC. 138. (a) RESTRICTIONS ON LEASES.—Upon the expiration

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

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

to make rental payments under a lease for the use of real property

by the District of Columbia government (including any independent

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

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

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

for Economic Development, in an indexed registry available for

public inspection.

(b) ADDITIONAL RESTRICTIONS ON CURRENT LEASES.—

(1) IN GENERAL.—Upon the expiration of the 60-day period

that begins on the date of the enactment of this Act, in the

case of a lease described in paragraph (3), none of the funds

contained in this Act may be used to make rental payments

under the lease unless the lease is included in periodic reports

submitted by the Mayor and Council of the District of Columbia

to the Committees on Appropriations of the House of Representatives and Senate describing for each such lease the following

information:

(A) The location of the property involved, the name

of the owners of record according to the land records of

the District of Columbia, the name of the lessors according

to the lease, the rate of payment under the lease, the

period of time covered by the lease, and the conditions

under which the lease may be terminated.

(B) The extent to which the property is or is not

occupied by the District of Columbia government as of

the end of the reporting period involved.

(C) If the property is not occupied and utilized by

the District government as of the end of the reporting

period involved, a plan for occupying and utilizing the

property (including construction or renovation work) or

Needle exchange.

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114 STAT. 2470 PUBLIC LAW 106–522—NOV. 22, 2000

a status statement regarding any efforts by the District

to terminate or renegotiate the lease.

(2) TIMING OF REPORTS.—The reports described in paragraph (1) shall be submitted for each calendar quarter (beginning with the quarter ending December 31, 2000) not later

than 20 days after the end of the quarter involved, plus an

initial report submitted not later than 60 days after the date

of the enactment of this Act, which shall provide information

as of the date of the enactment of this Act.

(3) LEASES DESCRIBED.—A lease described in this paragraph

is a lease in effect as of the date of the enactment of this

Act for the use of real property by the District of Columbia

government (including any independent agency of the District)

which is not being occupied by the District government

(including any independent agency of the District) as of such

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

of the enactment of this Act.

SEC. 139. (a) MANAGEMENT OF EXISTING DISTRICT GOVERNMENT

PROPERTY.—Upon the expiration of the 60-day period that begins

on the date of the enactment of this Act, none of the funds contained

in this Act may be used to enter into a lease (or to make rental

payments under such a lease) for the use of real property by

the District of Columbia government (including any independent

agency of the District) or to purchase real property for the use

of the District of Columbia government (including any independent

agency of the District) or to manage real property for the use

of the District of Columbia (including any independent agency of

the District) unless the following conditions are met:

(1) The Mayor and Council of the District of Columbia

certify to the Committees on Appropriations of the House of

Representatives and Senate that existing real property available to the District (whether leased or owned by the District

government) is not suitable for the purposes intended.

(2) Notwithstanding any other provisions of law, there is

made available for sale or lease all real property of the District

of Columbia that the Mayor from time-to-time determines is

surplus to the needs of the District of Columbia, unless a

majority of the members of the Council override the Mayor’s

determination during the 30-day period which begins on the

date the determination is published.

(3) The Mayor and Council implement a program for the

periodic survey of all District property to determine if it is

surplus to the needs of the District.

(4) The Mayor and Council within 60 days of the date

of the enactment of this Act have filed with the Committees

on Appropriations of the House of Representatives and Senate,

the Committee on Government Reform of the House of Representatives, and the Committee on Governmental Affairs of

the Senate a report which provides a comprehensive plan for

the management of District of Columbia real property assets,

and are proceeding with the implementation of the plan.

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

enacts legislation to reform the practices and procedures governing

the entering into of leases for the use of real property by the

District of Columbia government and the disposition of surplus

Deadline.

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PUBLIC LAW 106–522—NOV. 22, 2000 114 STAT. 2471

real property of the District government, the provisions of subsection (a) shall cease to be effective upon the effective date of

the legislation.

SEC. 140. None of the funds contained in this Act may be

used after the expiration of the 60-day period that begins on the

date of the enactment of this Act to pay the salary of any chief

financial officer of any office of the District of Columbia government

(including the District of Columbia Financial Responsibility and

Management Assistance Authority and any independent agency

of the District) who has not filed a certification with the Mayor

and the Chief Financial Officer of the District of Columbia that

the officer understands the duties and restrictions applicable to

the officer and the officer’s agency as a result of this Act (and

the amendments made by this Act), including any duty to prepare

a report requested either in the Act or in any of the reports

accompanying the Act and the deadline by which each report must

be submitted, and the District’s Chief Financial Officer shall provide

to the Committees on Appropriations of the Senate and the House

of Representatives by the tenth day after the end of each quarter

a summary list showing each report, the due date and the date

submitted to the Committees.

SEC. 141. The proposed budget of the government of the District

of Columbia for fiscal year 2002 that is submitted by the District

to Congress shall specify potential adjustments that might become

necessary in the event that the operational improvements savings,

including managed competition, and management reform savings

achieved by the District during the year do not meet the level

of management savings projected by the District under the proposed

budget.

SEC. 142. In submitting any document showing the budget

for an office of the District of Columbia government (including

an independent agency of the District) that contains a category

of activities labeled as ‘‘other’’, ‘‘miscellaneous’’, or a similar general,

nondescriptive term, the document shall include a description of

the types of activities covered in the category and a detailed breakdown of the amount allocated for each such activity.

SEC. 143. (a) None of the funds contained in this Act may

be used to enact or carry out any law, rule, or regulation to legalize

or otherwise reduce penalties associated with the possession, use,

or distribution of any schedule I substance under the Controlled

Substances Act (21 U.S.C. 802) or any tetrahydrocannabinols derivative.

(b) The Legalization of Marijuana for Medical Treatment Initiative of 1998, also known as Initiative 59, approved by the electors

of the District of Columbia on November 3, 1998, shall not take

effect.

SEC. 144. Notwithstanding any other provision of law, the

Mayor of the District of Columbia is hereby solely authorized to

allocate the District’s limitation amount of qualified zone academy

bonds (established pursuant to 26 U.S.C. 1397E) among qualified

zone academies within the District.

SEC. 145. (a) Section 11232 of the Balanced Budget Act of

1997 (sec. 24–1232, D.C. Code) is amended—

(1) by redesignating subsections (f ) through (i) as subsections (g) through ( j); and

(2) by inserting after subsection (e) the following new subsection:

Reports.

Deadline.

114 STAT. 2472 PUBLIC LAW 106–522—NOV. 22, 2000

‘‘(f ) TREATMENT AS FEDERAL EMPLOYEES.— ‘‘(1) IN GENERAL.—The Trustee and employees of the

Trustee who are not covered under subsection (e) shall be

treated as employees of the Federal Government solely for

purposes of the following provisions of title 5, United States

Code: ‘‘(A) Chapter 83 (relating to retirement).

‘‘(B) Chapter 84 (relating to the Federal Employees’ Retirement System). ‘‘(C) Chapter 87 (relating to life insurance).

‘‘(D) Chapter 89 (relating to health insurance). ‘‘(2) EFFECTIVE DATES OF COVERAGE.—The effective dates

of coverage of the provisions of paragraph (1) are as follows: ‘‘(A) In the case of the Trustee and employees of the

Office of the Trustee and the Office of Adult Probation,

August 5, 1997, or the date of appointment, whichever

is later. ‘‘(B) In the case of employees of the Office of Parole,

October 11, 1998, or the date of appointment, whichever

is later. ‘‘(C) In the case of employees of the Pretrial Services

Agency, January 3, 1999, or the date of appointment,

whichever is later.

‘‘(3) RATE OF CONTRIBUTIONS.—The Trustee shall make contributions under the provisions referred to in paragraph (1)

at the same rates applicable to agencies of the Federal Government.‘‘(4) REGULATIONS.—The Office of Personnel Management

shall issue such regulations as are necessary to carry out this

subsection.’’. (b) The amendment made by subsection (a) shall take effect

as if included in the enactment of title XI of the Balanced Budget

Act of 1997.

SEC. 146. It is the sense of the Congress that the District

of Columbia Financial Responsibility and Management Assistance

Authority should quickly complete the sale of the Franklin School

property, a property which has been vacant for over 20 years.

SEC. 147. Nothing in this Act may be construed to prevent

the Council or Mayor of the District of Columbia from addressing

the issue of the provision of contraceptive coverage by health insurance plans, but it is the intent of Congress that any legislation

enacted on such issue should include a ‘‘conscience clause’’ which

provides exceptions for religious beliefs and moral convictions.

SEC. 148. (a) Chapter 23 of title 11, District of Columbia,

is hereby repealed.

(b) The table of chapters for title 11, District of Columbia,

is amended by striking the item relating to chapter 23.

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

on the date on which legislation enacted by the Council of the

District of Columbia to establish the Office of the Chief Medical

Examiner in the executive branch of the government of the District

of Columbia takes effect.

PROMPT PAYMENT OF APPOINTED COUNSEL

SEC. 149. (a) ASSESSMENT OF INTEREST FOR DELAYED PAY- MENTS.—If the Superior Court of the District of Columbia or the

District of Columbia Court of Appeals does not make a payment

Effective date.

Effective date.

PUBLIC LAW 106–522—NOV. 22, 2000 114 STAT. 2473

described in subsection (b) prior to the expiration of the 45-day

period which begins on the date the Court receives a completed

voucher for a claim for the payment, interest shall be assessed

against the amount of the payment which would otherwise be

made to take into account the period which begins on the day

after the expiration of such 45-day period and which ends on the

day the Court makes the payment.

(b) PAYMENTS DESCRIBED.—A payment described in this subsection is—

(1) a payment authorized under section 11–2604 and section 11–2605, D.C. Code (relating to representation provided

under the District of Columbia Criminal Justice Act);

(2) a payment for counsel appointed in proceedings in the

Family Division of the Superior Court of the District of

Columbia under chapter 23 of title 16, D.C. Code; or

(3) a payment for counsel authorized under section 21– 2060, D.C. Code (relating to representation provided under

the District of Columbia Guardianship, Protective Proceedings,

and Durable Power of Attorney Act of 1986).

(c) STANDARDS FOR SUBMISSION OF COMPLETED VOUCHERS.—

The chief judges of the Superior Court of the District of Columbia

and the District of Columbia Court of Appeals shall establish standards and criteria for determining whether vouchers submitted for

claims for payments described in subsection (b) are complete, and

shall publish and make such standards and criteria available to

attorneys who practice before such Courts.

(d) RULE OF CONSTRUCTION.—Nothing in this section shall be

construed to require the assessment of interest against any claim

(or portion of any claim) which is denied by the Court involved.

(e) EFFECTIVE DATE.—This section shall apply with respect

to claims received by the Superior Court of the District of Columbia

or the District of Columbia Court of Appeals after the expiration

of the 90-day period which begins on the date of the enactment

of this Act.

SEC. 150. (a) Effective 120 days after the date of the enactment

of this Act, it shall be unlawful for any person to distribute any

needle or syringe for the hypodermic injection of any illegal drug

in any area of the District of Columbia which is within 1,000

feet of a public or private elementary or secondary school (including

a public charter school). It is stipulated that based on a survey

by the Metropolitan Police Department of the District of Columbia

that sites at 4th Street Northeast and Rhode Island Avenue Northeast, Southern Avenue Southeast and Central Avenue Southeast,

1st Street Southeast and M Street Southeast, 21st Street Northeast

and H Street Northeast, Minnesota Avenue Northeast and Clay

Place Northeast, and 15th Street Southeast and Ives Street Southeast are outside the 1,000-foot perimeter. Sites at North Capitol

Street and New York Avenue Northeast, Division Avenue Northeast

and Foote Street Northeast, Georgia Avenue Northwest and New

Hampshire Avenue Northwest, and 15th Street Northeast and A

Street Northeast are found to be within the 1,000-foot perimeter.

(b) The Public Housing Police of the District of Columbia

Housing Authority shall prepare a monthly report on activity

involving illegal drugs at or near any public housing site where

a needle exchange program is conducted, and shall submit such

reports to the Executive Director of the District of Columbia

Housing Authority, who shall submit them to the Committees on

Reports.

Effective date.

Needle exchange.

Applicability.

114 STAT. 2474 PUBLIC LAW 106–522—NOV. 22, 2000

Appropriations of the House of Representatives and Senate. The

Executive Director shall ascertain any concerns of the residents

of any public housing site about any needle exchange program

conducted on or near the site, and this information shall be included

in these reports. The District of Columbia Government shall take

appropriate action to require relocation of any such program if

so recommended by the police or by a significant number of residents of such site.

FEDERAL CONTRIBUTION FOR ENFORCEMENT OF LAW BANNING

POSSESSION OF TOBACCO PRODUCTS BY MINORS

SEC. 151. (a) CONTRIBUTION.—There is hereby appropriated

a Federal contribution of $100,000 to the Metropolitan Police

Department of the District of Columbia, effective upon the enactment by the District of Columbia of a law which reads as follows:

‘‘SECTION 1. BAN ON POSSESSION OF TOBACCO PRODUCTS BY MINORS.

‘‘(a) IN GENERAL.—It shall be unlawful for any individual under

18 years of age to possess any cigarette or other tobacco product

in the District of Columbia.

‘‘(b) EXCEPTIONS.—

‘‘(1) POSSESSION IN COURSE OF EMPLOYMENT.—Subsection

(a) shall not apply with respect to an individual making a

delivery of cigarettes or tobacco products in pursuance of

employment.

‘‘(2) PARTICIPATION IN LAW ENFORCEMENT OPERATION.—Subsection (a) shall not apply with respect to an individual possessing products in the course of a valid, supervised law enforcement operation.

‘‘(c) PENALTIES.—Any individual who violates subsection (a)

shall be subject to the following penalties:

‘‘(1) For any violation, the individual may be required to

perform community service or attend a tobacco cessation program.

‘‘(2) Upon the first violation, the individual shall be subject

to a civil penalty not to exceed $50.

‘‘(3) Upon the second and each subsequent violation, the

individual shall be subject to a civil penalty not to exceed

$100.

‘‘(4) Upon the third and each subsequent violation, the

individual may have his or her driving privileges in the District

of Columbia suspended for a period of 90 consecutive days.’’.

(b) USE OF CONTRIBUTION.—The Metropolitan Police Department shall use the contribution made under subsection (a) to enforce

the law referred to in such subsection.

SEC. 152. Nothing in this Act bars the District of Columbia

Corporation Counsel from reviewing or commenting on briefs in

private lawsuits, or from consulting with officials of the District

government regarding such lawsuits.

SEC. 153. (a) Nothing in the Federal Grant and Cooperative

Agreements Act of 1977 (31 U.S.C. 6301 et seq.) may be construed

to prohibit the Administrator of the Environmental Protection

Agency from negotiating and entering into cooperative agreements

and grants authorized by law which affect real property of the

Federal Government in the District of Columbia if the principal

31 USC 6301

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PUBLIC LAW 106–522—NOV. 22, 2000 114 STAT. 2475

purpose of the cooperative agreement or grant is to provide comparable benefits for Federal and non-Federal properties in the District of Columbia.

(b) Subsection (a) shall apply with respect to fiscal year 2001

and each succeeding fiscal year.

SEC. 154. (a) IN GENERAL.—The District of Columbia Home

Rule Act, as amended by section 159(a) of this Act, is further

amended by inserting after section 450A the following new section:

‘‘COMPREHENSIVE FINANCIAL MANAGEMENT POLICY

‘‘SEC. 450B. (a) COMPREHENSIVE FINANCIAL MANAGEMENT

POLICY.—The District of Columbia shall conduct its financial

management in accordance with a comprehensive financial management policy. ‘‘(b) CONTENTS OF POLICY.—The comprehensive financial

management policy shall include, but not be limited to, the following: ‘‘(1) A cash management policy.

‘‘(2) A debt management policy.

‘‘(3) A financial asset management policy.

‘‘(4) An emergency reserve management policy in accordance with section 450A(a). ‘‘(5) A contingency reserve management policy in accordance with section 450A(b). ‘‘(6) A policy for determining real property tax exemptions

for the District of Columbia.

‘‘(c) ANNUAL REVIEW.—The comprehensive financial management policy shall be reviewed at the end of each fiscal year by

the Chief Financial Officer who shall— ‘‘(1) not later than July 1 of each year, submit any proposed

changes in the policy to the Mayor and (in the case of a

fiscal year which is a control year, as defined in section 305(4)

of the District of Columbia Financial Responsibility and

Management Assistance Act of 1995) the District of Columbia

Financial Responsibility and Management Assistance Authority

(Authority) for review; ‘‘(2) not later than August 1 of each year, after consideration of any comments received under paragraph (1), submit

the changes to the Council of the District of Columbia (Council)

for approval; and ‘‘(3) not later than September 1 of each year, notify the

Committees on Appropriations of the Senate and House of

Representatives, the Committee on Government Reform of the

House of Representatives, and the Committee on Governmental

Affairs of the Senate of any changes enacted by the Council.

‘‘(d) PROCEDURE FOR DEVELOPMENT OF FIRST COMPREHENSIVE

FINANCIAL MANAGEMENT POLICY.— ‘‘(1) CHIEF FINANCIAL OFFICER.—Not later than April 1,

2001, the Chief Financial Officer shall submit to the Mayor

an initial proposed comprehensive financial management policy

for the District of Columbia pursuant to this section. ‘‘(2) COUNCIL.—Following review and comment by the

Mayor, not later than May 1, 2001, the Chief Financial Officer

shall submit the proposed financial management policy to the

Council for its prompt review and adoption.

‘‘(3) AUTHORITY.—Upon adoption of the financial management policy under paragraph (2), the Council shall immediately

Deadlines.

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Applicability.

114 STAT. 2476 PUBLIC LAW 106–522—NOV. 22, 2000

submit the policy to the Authority for a review of not to exceed

30 days. ‘‘(4) CONGRESS.—Following review of the financial management policy by the Authority under paragraph (3), the Authority

shall submit the policy to the Committees on Appropriations

of the Senate and House of Representatives, the Committee

on Government Reform of the House of Representatives, and

the Committee on Governmental Affairs of the Senate for

review, and the policy shall take effect 30 days after the date

the policy is submitted under this paragraph.’’. (b) CLERICAL AMENDMENT.—The table of contents for the District of Columbia Home Rule Act is amended by inserting after

the item relating to section 450A the following new item:

‘‘Sec. 450B. Comprehensive financial management policy.’’.

(c) EFFECTIVE DATE.—This section and the amendments made

by this section shall take effect on October 1, 2000.

APPOINTMENT AND DUTIES OF CHIEF FINANCIAL OFFICER

SEC. 155. (a) APPOINTMENT AND DISMISSAL.—Section 424(b)

of the District of Columbia Home Rule Act (sec. 47–317.2, D.C.

Code) is amended— (1) in paragraph (1)(B), by adding at the end the following: ‘‘Upon confirmation by the Council, the name of the Chief

Financial Officer shall be submitted to the Committees on

Appropriations of the Senate and House of Representatives,

the Committee on Governmental Affairs of the Senate, and

the Committee on Government Reform of the House of Representatives for a 30-day period of review and comment before

the appointment takes effect.’’; and

(2) in paragraph (2)(B), by striking the period at the end

and inserting the following: ‘‘upon dismissal by the Mayor

and approval of that dismissal by a 2⁄3 vote of the Council.

Upon approval of the dismissal by the Council, notice of the

dismissal shall be submitted to the Committees on Appropriations of the Senate and House of Representatives, the Committee on Governmental Affairs of the Senate, and the Committee on Government Reform of the House of Representatives

for a 30-day period of review and comment before the dismissal

takes effect.’’.

(b) FUNCTIONS.—

(1) IN GENERAL.—Section 424(c) of such Act (sec. 47–317.3,

D.C. Code) is amended—

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

YEAR’’;

(B) in the matter preceding paragraph (1), by striking

‘‘During a control year, the Chief Financial Officer’’ and

inserting ‘‘The Chief Financial Officer’’;

(C) in paragraph (1), by striking ‘‘Preparing’’ and

inserting ‘‘During a control year, preparing’’;

(D) in paragraph (3), by striking ‘‘Assuring’’ and

inserting ‘‘During a control year, assuring’’;

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

and all that follows through ‘‘the Council—’’ and inserting

‘‘Preparing and submitting to the Mayor and the Council,

with the approval of the Authority during a control year—

’’;

Effective date.

PUBLIC LAW 106–522—NOV. 22, 2000 114 STAT. 2477

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

and inserting ‘‘(or by the Authority during a control year)’’;

and

(G) by adding at the end the following new paragraphs:

‘‘(18) Exercising responsibility for the administration and

supervision of the District of Columbia Treasurer (except that

the Chief Financial Officer may delegate any portion of such

responsibility as the Chief Financial Officer considers appropriate and consistent with efficiency).

‘‘(19) Administering all borrowing programs of the District

government for the issuance of long-term and short-term indebtedness.

‘‘(20) Administering the cash management program of the

District government, including the investment of surplus funds

in governmental and non-governmental interest-bearing securities and accounts.

‘‘(21) Administering the centralized District government

payroll and retirement systems.

‘‘(22) Governing the accounting policies and systems

applicable to the District government.

‘‘(23) Preparing appropriate annual, quarterly, and monthly

financial reports of the accounting and financial operations

of the District government.

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

year, preparing the complete financial statement and report

on the activities of the District government for such fiscal

year, for the use of the Mayor under section 448(a)(4).’’.

(2) CONFORMING AMENDMENTS.—Section 424 of such Act

(sec. 47–317.1 et seq., D.C. Code) is amended—

(A) by striking subsection (d);

(B) in subsection (e)(2), by striking ‘‘or subsection (d)’’;

and

(C) by redesignating subsections (e) and (f ) as subsections (d) and (e), respectively.

SEC. 156. (a) Notwithstanding the provisions of the District

of Columbia Government Comprehensive Merit Personnel Act of

1978 (D.C. Law 2–139; D.C. Code 1–601.1 et seq.), or any other

District of Columbia law, statute, regulation, the provisions of the

District of Columbia Personnel Manual, or the provisions of any

collective bargaining agreement, employees of the District of

Columbia government will only receive compensation for overtime

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

of duty) of work actually performed, in accordance with the provisions of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.

(b) Subsection (a) of this section shall be effective December

27, 1996. The Resolution and Order of the District of Columbia

Financial Responsibility and Management Assistance Authority,

dated December 27, 1996, is hereby ratified and approved and

shall be given full force and effect.

SEC. 157. (a) IN GENERAL.—Notwithstanding section 503 of

Public Law 100–71 and as provided in subsection (b), the Court

Services and Offender Supervision Agency for the District of

Columbia (in this section referred to as the ‘‘agency’’) may implement and administer the Drug Free Workplace Program of the

agency, dated July 28, 2000, for employment applicants of the

agency.

Effective date.

Deadline.

114 STAT. 2478 PUBLIC LAW 106–522—NOV. 22, 2000

(b) EFFECTIVE PERIOD.—The waiver provided by subsection (a)

shall— (1) take effect on enactment; and

(2) terminate on the date the Department of Health and

Human Services approves the drug program of the agency

pursuant to section 503 of Public Law 100–71 or 12 months

after the date referred to in paragraph (1), whichever is later.

SEC. 158. Commencing October 1, 2000, the Mayor of the District of Columbia shall submit to the Senate and House Committees

on Appropriations, the Senate Governmental Affairs Committee,

and the House Government Reform Committee quarterly reports

addressing the following issues: (1) crime, including the homicide

rate, implementation of community policing, the number of police

officers on local beats, and the closing down of open-air drug markets; (2) access to drug abuse treatment, including the number

of treatment slots, the number of people served, the number of

people on waiting lists, and the effectiveness of treatment programs;

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

the number of halfway house escapes and steps taken to improve

monitoring and supervision of halfway house residents to reduce

the number of escapes to be provided in consultation with the

Court Services and Offender Supervision Agency; (4) education,

including access to special education services and student achievement to be provided in consultation with the District of Columbia

Public Schools; (5) improvement in basic District services, including

rat control and abatement; (6) application for and management

of Federal grants, including the number and type of grants for

which the District was eligible but failed to apply and the number

and type of grants awarded to the District but which the District

failed to spend the amounts received; and (7) indicators of child

well-being.

RESERVE FUNDS

SEC. 159. (a) ESTABLISHMENT OF RESERVE FUNDS.— (1) IN GENERAL.—The District of Columbia Home Rule Act

is amended by inserting after section 450 the following new

section:

‘‘RESERVE FUNDS

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

‘‘(1) IN GENERAL.—There is established an emergency cash

reserve fund (in this subsection referred to as the ‘emergency

reserve fund’) as an interest-bearing account (separate from

other accounts in the General Fund) into which the Mayor

shall deposit in cash not later than February 15 of each fiscal

year (or not later than October 1, 2000, in the case of fiscal

year 2001) such amount as may be required to maintain a

balance in the fund of at least 4 percent of the total budget

appropriated for operating expenditures for such fiscal year

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

years prior to fiscal year 2004, such amount as may be required

to maintain a balance in the fund of at least the minimum

emergency reserve balance for such fiscal year, as determined

under paragraph (2)).

‘‘(2) DETERMINATION OF MINIMUM EMERGENCY RESERVE

BALANCE.—

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Effective date.

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PUBLIC LAW 106–522—NOV. 22, 2000 114 STAT. 2479

‘‘(A) IN GENERAL.—The ‘minimum emergency reserve

balance’ with respect to a fiscal year is the amount equal

to the applicable percentage of the total budget appropriated for operating expenditures for such fiscal year

which is derived from local funds.

‘‘(B) APPLICABLE PERCENTAGE DEFINED.—In subparagraph (A), the ‘applicable percentage’ with respect to a

fiscal year means the following: ‘‘(i) For fiscal year 2001, 1 percent.

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

‘‘(iii) For fiscal year 2003, 3 percent. ‘‘(3) INTEREST.—Interest earned on the emergency reserve

fund shall remain in the account and shall only be withdrawn

in accordance with paragraph (4). ‘‘(4) CRITERIA FOR USE OF AMOUNTS IN EMERGENCY RESERVE

FUND.—The Chief Financial Officer, in consultation with the

Mayor, shall develop a policy to govern the emergency reserve

fund which shall include (but which may not be limited to)

the following requirements: ‘‘(A) The emergency reserve fund may be used to provide for unanticipated and nonrecurring extraordinary

needs of an emergency nature, including a natural disaster

or calamity as defined by section 102 of the Robert T.

Stafford Disaster Relief and Emergency Assistance Act

(Public Law 100–707) or unexpected obligations by Federal

law.‘‘(B) The emergency reserve fund may also be used

in the event of a State of Emergency as declared by the

Mayor pursuant to section 5 of the District of Columbia

Public Emergency Act of 1980 (sec. 6–1504, D.C. Code).

‘‘(C) The emergency reserve fund may not be used

to fund—

‘‘(i) any department, agency, or office of the

Government of the District of Columbia which is

administered by a receiver or other official appointed

by a court;

‘‘(ii) shortfalls in any projected reductions which

are included in the budget proposed by the District

of Columbia for the fiscal year; or

‘‘(iii) settlements and judgments made by or

against the Government of the District of Columbia.

‘‘(5) ALLOCATION OF EMERGENCY CASH RESERVE FUNDS.—

Funds may be allocated from the emergency reserve fund only

after—

‘‘(A) an analysis has been prepared by the Chief Financial Officer of the availability of other sources of funding

to carry out the purposes of the allocation and the impact

of such allocation on the balance and integrity of the emergency reserve fund; and

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

year 2005, the contingency reserve fund established by

subsection (b) has been projected by the Chief Financial

Officer to be exhausted at the time of the allocation.

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

of a fiscal year which is a control year, as defined in section

305(4) of the District of Columbia Financial Responsibility and

Management Assistance Act of 1995) the District of Columbia

114 STAT. 2480 PUBLIC LAW 106–522—NOV. 22, 2000

Financial Responsibility and Management Assistance Authority

shall notify the Committees on Appropriations of the Senate

and House of Representatives in writing not more than 30

days after the expenditure of funds from the emergency reserve

fund.

‘‘(7) REPLENISHMENT.—The District of Columbia shall

appropriate sufficient funds each fiscal year in the budget

process to replenish any amounts allocated from the emergency

reserve fund during the preceding fiscal year by the following

fiscal year. Once the emergency reserve equals 4 percent of

total budget appropriated from local funds for operating

expenditures for the fiscal year, the District of Columbia shall

appropriate sufficient funds each fiscal year in the budget

process to replenish any amounts allocated from the emergency

reserve fund during the preceding year to maintain a balance

of at least 4 percent of total funds appropriated from local

funds for operating expenditures by the following fiscal year.

‘‘(b) CONTINGENCY RESERVE FUND.—

‘‘(1) IN GENERAL.—There is established a contingency cash

reserve fund (in this subsection referred to as the ‘contingency

reserve fund’) as an interest-bearing account (separate from

other accounts in the General Fund) into which the Mayor

shall deposit in cash not later than October 1 of each fiscal

year (beginning with fiscal year 2005) such amount as may

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

3 percent of the total budget appropriated for operating expenditures for such fiscal year which is derived from local funds

(or, in the case of fiscal years prior to fiscal year 2007, such

amount as may be required to maintain a balance in the

fund of at least the minimum contingency reserve balance

for such fiscal year, as determined under paragraph (2)).

‘‘(2) DETERMINATION OF MINIMUM CONTINGENCY RESERVE

BALANCE.—

‘‘(A) IN GENERAL.—The ‘minimum contingency reserve

balance’ with respect to a fiscal year is the amount equal

to the applicable percentage of the total budget appropriated from local funds for operating expenditures for

such fiscal year which is derived from local funds.

‘‘(B) APPLICABLE PERCENTAGE DEFINED.—In subparagraph (A), the ‘applicable percentage’ with respect to a

fiscal year means the following:

‘‘(i) For fiscal year 2005, 1 percent.

‘‘(ii) For fiscal year 2006, 2 percent.

‘‘(3) INTEREST.—Interest earned on the contingency reserve

fund shall remain in the account and may only be withdrawn

in accordance with paragraph (4).

‘‘(4) CRITERIA FOR USE OF AMOUNTS IN CONTINGENCY

RESERVE FUND.—The Chief Financial Officer, in consultation

with the Mayor, shall develop a policy governing the use of

the contingency reserve fund which shall include (but which

may not be limited to) the following requirements: ‘‘(A) The contingency reserve fund may only be used

to provide for nonrecurring or unforeseen needs that arise

during the fiscal year, including expenses associated with

unforeseen weather or other natural disasters, unexpected

obligations created by Federal law or new public safety

or health needs or requirements that have been identified

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PUBLIC LAW 106–522—NOV. 22, 2000 114 STAT. 2481

after the budget process has occurred, or opportunities

to achieve cost savings. ‘‘(B) The contingency reserve fund may be used, if

needed, to cover revenue shortfalls experienced by the District government for 3 consecutive months (based on a

2 month rolling average) that are 5 percent or more below

the budget forecast.

‘‘(C) The contingency reserve fund may not be used

to fund any shortfalls in any projected reductions which

are included in the budget proposed by the District of

Columbia for the fiscal year.

‘‘(5) ALLOCATION OF CONTINGENCY CASH RESERVE.—Funds

may be allocated from the contingency reserve fund only after

an analysis has been prepared by the Chief Financial Officer

of the availability of other sources of funding to carry out

the purposes of the allocation and the impact of such allocation

on the balance and integrity of the contingency reserve fund. ‘‘(6) REPLENISHMENT.—The District of Columbia shall

appropriate sufficient funds each fiscal year in the budget

process to replenish any amounts allocated from the contingency reserve fund during the preceding fiscal year by the

following fiscal year. Once the contingency reserve equals 3

percent of total funds appropriated from local funds for operating expenditures, the District of Columbia shall appropriate

sufficient funds each fiscal year in the budget process to

replenish any amounts allocated from the contingency reserve

fund during the preceding year to maintain a balance of at

least 3 percent of total funds appropriated from local funds

for operating expenditures by the following fiscal year.

‘‘(c) QUARTERLY REPORTS.—The Chief Financial Officer shall

submit a quarterly report to the Mayor, the Council, the District

of Columbia Financial Responsibility and Management Assistance

Authority (in the case of a fiscal year which is a control year,

as defined in section 305(4) of the District of Columbia Financial

Responsibility and Management Assistance Act of 1995), and the

Committees on Appropriations of the Senate and House of Representatives that includes a monthly statement on the balance

and activities of the contingency and emergency reserve funds.’’.

(2) CLERICAL AMENDMENT.—The table of contents for the

District of Columbia Home Rule Act is amended by inserting

after the item relating to section 450 the following new item:

‘‘Sec. 450A. Reserve funds.’’.

(b) CONFORMING AMENDMENTS.—

(1) CURRENT RESERVE FUND.—Section 202( j) of the District

of Columbia Financial Responsibility and Management Assistance Act of 1995 (sec. 47–392.2( j), D.C. Code) is amended—

(A) in paragraph (1), by striking ‘‘Beginning with fiscal

year 2000, the plan or budget submitted pursuant to this

Act’’ and inserting ‘‘For each of the fiscal years 2000

through 2004, the budget of the District government for

the fiscal year’’; and

(B) by adding at the end the following new paragraph:

‘‘(4) REPLENISHMENT.—Any amount of the reserve funds

which is expended in one fiscal year shall be replenished in

the reserve funds from the following fiscal year appropriations

to maintain the $150,000,000 balance.’’.

114 STAT. 2482 PUBLIC LAW 106–522—NOV. 22, 2000

(2) POSITIVE FUND BALANCE.—Section 202(k) of such Act

(sec. 47–392.2(k), D.C. Code) is repealed.

(c) EFFECTIVE DATE.—This section and the amendments made

by this section shall take effect on October 1, 2000.

TREATMENT OF REVENUE BONDS SECURED BY TOBACCO SETTLEMENT

PAYMENTS

SEC. 160. (a) PERMITTING COUNCIL TO DELEGATE AUTHORITY

TO ISSUE BONDS.—

(1) IN GENERAL.—Section 490 of the District of Columbia

Home Rule Act (sec. 47–334, D.C. Code) is amended—

(A) by redesignating subsections (i) through (m) as

subsections ( j) through (n), respectively; and

(B) by inserting after subsection (h) the following new

subsection:

‘‘(i)(1) The Council may delegate to the District of Columbia

Tobacco Settlement Financing Corporation (hereafter in this subsection referred to as the ‘‘Corporation’’) established pursuant to

the Tobacco Settlement Financing Act of 2000 the authority of

the Council under subsection (a) to issue revenue bonds, notes,

and other obligations which are used to borrow money to finance

or assist in the financing or refinancing of capital projects and

other undertakings of the District of Columbia and which are payable solely from and secured by payments under the Master Tobacco

Settlement Agreement. The Corporation may exercise authority

delegated to it by the Council as described in the first sentence

of this paragraph (whether such delegation is made before or after

the date of the enactment of this subsection) only in accordance

with this subsection and the provisions of the Tobacco Settlement

Financing Act of 2000.

‘‘(2) Revenue bonds, notes, and other obligations issued by

the Corporation under a delegation of authority described in paragraph (1) shall be issued by resolution of the Corporation, and

any such resolution shall not be considered to be an act of the

Council.

‘‘(3) The fourth sentence of section 446 shall not apply to—

‘‘(A) any amount (including the amount of any accrued

interest or premium) obligated or expended from the proceeds

of the sale of any revenue bond, note, or other obligation issued

pursuant to this subsection;

‘‘(B) any amount obligated or expended for the payment

of the principal of, interest on, or any premium for any revenue

bond, note, or other obligation issued pursuant to this subsection;

‘‘(C) any amount obligated or expended to secure any revenue bond, note, or other obligation issued pursuant to this

subsection; or

‘‘(D) any amount obligated or expended for repair, maintenance, and capital improvements to facilities financed pursuant

to this subsection.

‘‘(4) In this subsection, the term ‘Master Tobacco Settlement

Agreement’ means the settlement agreement (and related documents), as may be amended from time to time, entered into on

November 23, 1998, by the District of Columbia and leading United

States tobacco product manufacturers.’’.

PUBLIC LAW 106–522—NOV. 22, 2000 114 STAT. 2483

(2) CONFORMING AMENDMENT.—The fourth sentence of section 446 of such Act (sec. 47–304, D.C. Code) is amended

by striking ‘‘and (h)(3)’’ and inserting ‘‘(h)(3), and (i)(3)’’. (b) WAIVER OF CONGRESSIONAL REVIEW PERIOD FOR TOBACCO

SETTLEMENT FINANCING ACT.—Notwithstanding section 602(c)(1) of

the District of Columbia Home Rule Act (sec. 1–233(c)(1), D.C.

Code), the Tobacco Settlement Financing Act of 2000 (title XXXVII

of D.C. Act 13–375, as amended by section 8(e) of D.C. Act 13– 387) shall take effect on the date of the enactment of such Act

or the date of the enactment of this Act, whichever is later.

SEC. 161. Section 603(e) of the Student Loan Marketing Association Reorganization Act of 1996 (Public Law 104–208; 110 Stat.

3009–293), as amended by section 153 of the District of Columbia

Appropriations Act, 2000, is amended— (1) by amending the second sentence of paragraph (2)(B)

to read as follows: ‘‘Of such amounts and proceeds, $5,000,000

shall be set aside for a credit enhancement fund for public

charter schools in the District of Columbia, to be administered

and disbursed in accordance with paragraph (3).’’; and

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

‘‘(3) CREDIT ENHANCEMENT FUND FOR PUBLIC CHARTER

SCHOOLS.—

‘‘(A) DISTRIBUTION OF AMOUNTS.—Of the amounts in

the credit enhancement fund established under paragraph

(2)(B)—

‘‘(i) 50 percent shall be used to make grants under

subparagraph (B); and

‘‘(ii) 50 percent shall be used to make grants under

subparagraph (C).

‘‘(B) GRANTS TO ELIGIBLE NONPROFIT CORPORATIONS.—

‘‘(i) IN GENERAL.—Using the amounts described in

subparagraph (A)(i), not later than 1 year after the

date of the enactment of the District of Columbia

Appropriations Act, 2001, the Mayor of the District

of Columbia shall make and disburse grants to eligible

nonprofit corporations to carry out the purposes

described in subparagraph (E).

‘‘(ii) ADMINISTRATION.—The Mayor shall administer the program of grants under this subparagraph,

except that if the committee described in subparagraph

(C)(iii) is in operation and is fully functional prior

to the date the Mayor makes the grants, the Mayor

may delegate the administration of the program to

the committee.

‘‘(C) OTHER GRANTS.—

‘‘(i) IN GENERAL.—Using the amounts described in

subparagraph (A)(ii), the Mayor of the District of

Columbia shall make grants to entities to carry out

the purposes described in subparagraph (E).

‘‘(ii) PARTICIPATION OF SCHOOLS.—A public charter

school in the District of Columbia may receive a grant

under this subparagraph to carry out the purposes

described in subparagraph (E) in the same manner

as other entities receiving grants to carry out such

activities.

‘‘(iii) ADMINISTRATION THROUGH COMMITTEE.—The

Mayor shall carry out this subparagraph through the

Deadline.

20 USC 1155.

114 STAT. 2484 PUBLIC LAW 106–522—NOV. 22, 2000

committee appointed by the Mayor under the second

sentence of paragraph (2)(B) (as in effect prior to the

enactment of the District of Columbia Appropriations

Act, 2001). The committee may enter into an agreement

with a third party to carry out its responsibilities under

this subparagraph.

‘‘(iv) CAP ON ADMINISTRATIVE COSTS.—Not more

than 10 percent of the funds available for grants under

this subparagraph may be used to cover the administrative costs of making grants under this subparagraph.

‘‘(D) SPECIAL RULE REGARDING ELIGIBILITY OF NON- PROFIT CORPORATIONS.—In order to be eligible to receive

a grant under this paragraph, a nonprofit corporation must

provide appropriate certification to the Mayor or to the

committee described in subparagraph (C)(iii) (as the case

may be) that it is duly authorized by two or more public

charter schools in the District of Columbia to act on their

behalf in obtaining financing (or in assisting them in

obtaining financing) to cover the costs of activities described

in subparagraph (E)(i). ‘‘(E) PURPOSES OF GRANTS.—

‘‘(i) IN GENERAL.—The recipient of a grant under

this paragraph shall use the funds provided under

the grant to carry out activities to assist public charter

schools in the District of Columbia in—

‘‘(I) obtaining financing to acquire interests

in real property (including by purchase, lease, or

donation), including financing to cover planning,

development, and other incidental costs;

‘‘(II) obtaining financing for construction of

facilities or the renovation, repair, or alteration

of existing property or facilities (including the purchase or replacement of fixtures and equipment),

including financing to cover planning, development, and other incidental costs; and

‘‘(III) enhancing the availability of loans

(including mortgages) and bonds.

‘‘(ii) NO DIRECT FUNDING FOR SCHOOLS.—Funds

provided under a grant under this subparagraph may

not be used by a recipient to make direct loans or

grants to public charter schools.’’.

SEC. 162. (a) EXCLUSIVE AUTHORITY OF MAYOR.—Notwithstanding section 451 of the District of Columbia Home Rule Act

or any other provision of District of Columbia or Federal law to

the contrary, the Mayor of the District of Columbia shall have

the exclusive authority to approve and execute leases of the Washington Marina and the Washington municipal fish wharf with the

existing lessees thereof for an initial term of 30 years, together

with such other terms and conditions (including renewal options)

as the Mayor deems appropriate.

(b) DEFINITIONS.—In this section—

(1) the term ‘‘Washington Marina’’ means the portions of

Federal property in the Southwest quadrant of the District

of Columbia within Lot 848 in Square 473, the unassessed

Federal real property adjacent to Lot 848 in Square 473, and

riparian rights appurtenant thereto; and

Contracts.

PUBLIC LAW 106–522—NOV. 22, 2000 114 STAT. 2485

(2) the term ‘‘Washington municipal fish wharf’’ means

the water frontage on the Potomac River lying south of Water

Street between 11th and 12th Streets, including the buildings

and wharves thereon.

SEC. 163. Section 11201(g)(4)(A) of the National Capital Revitalization and Self-Government Improvement Act of 1997 (D.C. Code,

sec. 24–1201(g)(4)(A)) is amended— (1) by redesignating clauses (vi) through (ix) as clauses

(vii) through (x), respectively; and

(2) by inserting after clause (v) the following: ‘‘(vi) immediately upon completing the remediation

required under clause (ii) (but in no event later than

June 1, 2003), transfer any property located south

of Silverbrooke Road which is identified for use for

educational purposes in the Fairfax County reuse plan

to the County, without consideration, subject to the

condition that the County use the property only for

educational purposes;’’. SEC. 164. (a) Section 208(a) of the District of Columbia Procurement Practices Act of 1985 (sec. 1–1182.8(a), D.C. Code) is

amended—

(1) in paragraph (4)(A), by striking ‘‘the same auditor)’’

and inserting ‘‘the same auditor, except as may be provided

in paragraph (5)); and

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

‘‘(5) Notwithstanding paragraph (4)(A), an auditor who is a

subcontractor to the auditor who audited the financial statement

and report described in paragraph (3)(H) for a fiscal year may

audit the financial statement and report for any succeeding fiscal

year (as either the prime auditor or as a subcontractor to another

auditor) if—

‘‘(A) such subcontractor is not a signatory to the statement

and report for the previous fiscal year;

‘‘(B) the prime auditor reviewed and approved the work

of the subcontractor on the statement and report for the previous fiscal year; and

‘‘(C) the subcontractor is not an employee of the prime

contractor or of an entity owned, managed, or controlled by

the prime contractor.’’.

(b) The amendment made by subsection (a) shall apply with

respect to financial statements and reports for activities of the

District of Columbia Government for fiscal years beginning with

fiscal year 2001.

SEC. 165. Section 11201(g) of the National Capital Revitalization and Self-Government Improvement Act of 1997 (D.C. Code,

sec. 24–1201(g)) is amended by adding at the end the following

new paragraph:

‘‘(6) MEADOWOOD FARM LAND EXCHANGE.—

‘‘(A) IN GENERAL.—If, not later than January 15, 2001,

Fairfax County, Virginia, agrees to convey fee simple title

to the property on Mason Neck in excess of 800 acres

depicted on the map dated June 2000, on file in the Office

of the Director of the Bureau of Land Management, Eastern

States (hereafter in this paragraph referred to as

‘Meadowood Farm’) to the Secretary of the Interior, then

the Administrator of General Services shall agree to convey

to Fairfax County, Virginia, fee simple title to the property

Virginia.

Deadline.

Applicability.

114 STAT. 2486 PUBLIC LAW 106–522—NOV. 22, 2000

located at the Lorton Correctional Complex north of

Silverbrook Road, and consisting of more than 200 acres

identified in the Fairfax County Reuse Plan, dated July

26, 1999, as land available for residential development

in Land Units 1 and 2 (hereafter in this paragraph referred

to as the ‘Laurel Hill Residential Land’), the actual

exchange to occur no later than December 31, 2001.

‘‘(B) TERMS AND CONDITIONS.—(i) When Fairfax County

transfers fee simple title to Meadowood Farm to the Secretary of the Interior, the Administrator of General Services

shall simultaneously transfer to the County the Laurel

Hill Residential Land.

‘‘(ii) The transfer of property to Fairfax County, Virginia, under clause (i) shall be subject to such terms and

conditions that the Administrator of General Services considers to be appropriate to protect the interests of the

United States.

‘‘(iii) Any proceeds derived from the sale of the Laurel

Hill Residential Land by Fairfax County that exceed the

County’s cost of acquiring, financing (which shall be deemed

a County cost from the time of financing of the Meadowood

Farm acquisition to the receipt of proceeds of the sale

or sales of the Laurel Hill Residential Land until such

time as the proceeds of such sale or sales exceed the

acquisition and financing costs of Meadowood Farm to the

County), preparing, and conveying Meadowood Farm and

costs incurred for improving, preparing, and conveying the

Laurel Hill Residential Land shall be remitted to the

United States and deposited into the special fund established pursuant to paragraph (4)(A)(viii).

‘‘(C) MANAGEMENT OF PROPERTY.—The property transferred to the Secretary of the Interior under this section

shall be managed by the Bureau of Land Management

for public use and recreation purposes.’’.

SEC. 166. Section 158(b) of the District of Columbia Appropriations Act, 2000 (Public Law 106–113; 113 Stat. 1527) is amended

to read as follows:

‘‘(b) SOURCE OF FUNDS; TRANSFER.—An amount not to exceed

$5,000,000 from the National Highway System funds apportioned

to the District of Columbia under section 104 of title 23, United

States Code, may be used for purposes of carrying out the project

under subsection (a).’’.

SEC. 167. The explanatory language contained in the Joint

Explanatory Statement of the Committee of Conference for District

of Columbia Appropriations contained in the Conference Report

to accompany H.R. 4942 of the 106th Congress shall be considered

to constitute a joint explanatory statement of a committee of conference for the provisions in this Act. References in this joint statement to the conference agreement mean the provisions in this

Act, references to the House bill mean the House passed version

of H.R. 4942, and references to the Senate bill mean the Senate

passed amendment to H.R. 4942.

PUBLIC LAW 106–522—NOV. 22, 2000 114 STAT. 2487

LEGISLATIVE HISTORY—H.R. 5633:

CONGRESSIONAL RECORD, Vol. 146 (2000):

Nov. 14, considered and passed House and Senate.

Æ

This Act may be cited as the ‘‘District of Columbia Appropriations Act, 2001’’.

Approved November 22, 2000.