II

106TH CONGRESS

2D SESSION H. R. 5633

IN THE SENATE OF THE UNITED STATES

NOVEMBER 14 (legislative day, SEPTEMBER 22), 2000

Received

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

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 District of Columbia for the fiscal year ending September

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

7 FEDERAL FUNDS

8 FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

9 For a Federal payment to the District of Columbia

10 for a nationwide program to be administered by the Mayor

11 for District of Columbia resident tuition support,

12 $17,000,000, to remain available until expended: Pro13 vided, That such funds may be used on behalf of eligible

14 District of Columbia residents to pay an amount based

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

17 both public and private institutions for higher education:

18 Provided further, That the awarding of such funds may

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

20 and such other factors as may be authorized.

21 FEDERAL PAYMENT FOR INCENTIVES FOR ADOPTION OF

22 CHILDREN

23 The paragraph under the heading ‘‘Federal Payment

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

25 106–113, approved November 29, 1999 (113 Stat. 1501),
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1 is amended to read as follows: ‘‘For a Federal payment

2 to the District of Columbia to create incentives to promote

3 the adoption of children in the District of Columbia foster

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

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

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

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

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

9 FEDERAL PAYMENT TO THE CHIEF FINANCIAL OFFICER

10 OF THE DISTRICT OF COLUMBIA

11 For a Federal payment to the Chief Financial Officer

12 of the District of Columbia, $1,250,000, of which

13 $250,000 shall be for payment to a mentoring program

14 and for hotline services; $250,000 shall be for payment

15 to a youth development program with a character building

16 curriculum; $250,000 shall be for payment to a basic val17 ues training program; and $500,000, to remain available

18 until expended, shall be for the design, construction, and

19 maintenance of a trash rack system to be installed at the

20 Hickey Run stormwater outfall.

21 FEDERAL PAYMENT FOR COMMERCIAL REVITALIZATION

22 PROGRAM

23 For a Federal payment to the District of Columbia,

24 $1,500,000, to remain available until expended, for the

25 Mayor, in consultation with the Council of the District of
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1 Columbia, to provide offsets against local taxes for a com2 mercial revitalization program, such program to provide

3 financial inducements, including loans, grants, offsets to

4 local taxes and other instruments that promote commer5 cial revitalization in Enterprise Zones and low and mod6 erate income areas in the District of Columbia: Provided,

7 That in carrying out such a program, the Mayor shall use

8 Federal commercial revitalization proposals introduced in

9 Congress as a guideline: Provided further, That not later

10 than 180 days after the date of the enactment of this Act,

11 the Mayor shall report to the Committees on Appropria12 tions of the Senate and House of Representatives on the

13 progress made in carrying out the commercial revitaliza14 tion program.

15 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

16 PUBLIC SCHOOLS

17 For a Federal payment to the District of Columbia

18 Public Schools, $500,000: Provided, That $250,000 of

19 said amount shall be used for a program to reduce school

20 violence: Provided further, That $250,000 of said amount

21 shall be used for a program to enhance the reading skills

22 of District public school students.
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1 FEDERAL PAYMENT TO THE METROPOLITAN POLICE

2 DEPARTMENT

3 For a Federal payment to the Metropolitan Police

4 Department, $100,000: Provided, That said funds shall be

5 used to fund a youth safe haven police mini-station for

6 mentoring high risk youth.

7 FEDERAL CONTRIBUTION TO COVENANT HOUSE

8 WASHINGTON

9 For a Federal contribution to Covenant House Wash10 ington for a contribution to the construction in Southeast

11 Washington of a new community service center for home12 less, runaway and at-risk youth, $500,000.

13 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

14 CORRECTIONS TRUSTEE OPERATIONS

15 For salaries and expenses of the District of Columbia

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

17 and operation of correctional facilities and for the admin18 istrative operating costs of the Office of the Corrections

19 Trustee, as authorized by section 11202 of the National

20 Capital Revitalization and Self-Government Improvement

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

22 $1,000,000 is to fund an initiative to improve case proc23 essing in the District of Columbia criminal justice system:

24 Provided, That notwithstanding any other provision of

25 law, funds appropriated in this Act for the District of Co-
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1 lumbia Corrections Trustee shall be apportioned quarterly

2 by the Office of Management and Budget and obligated

3 and expended in the same manner as funds appropriated

4 for salaries and expenses of other Federal agencies: Pro5 vided further, That in addition to the funds provided under

6 this heading, the District of Columbia Corrections Trustee

7 may use any remaining interest earned on the Federal

8 payment made to the Trustee under the District of Colum9 bia Appropriations Act, 1998, to carry out the activities

10 funded under this heading.

11 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

12 COURTS

13 For salaries and expenses for the District of Colum14 bia Courts, $105,000,000 to be allocated as follows: for

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

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

17 for the District of Columbia Court System, $17,890,000;

18 $5,255,000 to finance a pay adjustment of 8.48 percent

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

20 $825,000 for roofing repairs to the facility commonly re21 ferred to as the Old Courthouse and located at 451 Indi22 ana Avenue, Northwest, to remain available until Sep23 tember 30, 2002, for capital improvements for District of

24 Columbia courthouse facilities: Provided, That none of the

25 funds in this Act or in any other Act shall be available
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1 for the purchase, installation, or operation of an Inte2 grated Justice Information System until a detailed plan

3 and design has been submitted by the courts and approved

4 by the Committees on Appropriations of the House of

5 Representatives and the Senate: Provided further, That

6 notwithstanding any other provision of law, all amounts

7 under this heading shall be apportioned quarterly by the

8 Office of Management and Budget and obligated and ex9 pended in the same manner as funds appropriated for sal10 aries and expenses of other Federal agencies, with payroll

11 and financial services to be provided on a contractual basis

12 with the General Services Administration (GSA), said

13 services to include the preparation of monthly financial re14 ports, copies of which shall be submitted directly by GSA

15 to the President and to the Committees on Appropriations

16 of the Senate and House of Representatives, the Com17 mittee on Governmental Affairs of the Senate, and the

18 Committee on Government Reform of the House of Rep19 resentatives.

20 DEFENDER SERVICES IN DISTRICT OF COLUMBIA

21 COURTS

22 For payments authorized under section 11–2604 and

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

24 provided under the District of Columbia Criminal Justice

25 Act), payments for counsel appointed in proceedings in the
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1 Family Division of the Superior Court of the District of

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

3 payments for counsel authorized under section 21–2060,

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

5 District of Columbia Guardianship, Protective Pro6 ceedings, and Durable Power of Attorney Act of 1986),

7 $34,387,000, to remain available until expended: Pro8 vided, That the funds provided in this Act under the head9 ing ‘‘Federal Payment to the District of Columbia Courts’’

10 (other than the $3,325,000 provided under such heading

11 for capital improvements for District of Columbia court12 house facilities) may also be used for payments under this

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

14 provided under this heading, the Joint Committee on Ju15 dicial Administration in the District of Columbia shall use

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

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

18 the $3,325,000 provided under such heading for capital

19 improvements for District of Columbia courthouse facili20 ties), to make payments described under this heading for

21 obligations incurred during any fiscal year: Provided fur22 ther, That such funds shall be administered by the Joint

23 Committee on Judicial Administration in the District of

24 Columbia: Provided further, That notwithstanding any

25 other provision of law, this appropriation shall be appor-
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1 tioned quarterly by the Office of Management and Budget

2 and obligated and expended in the same manner as funds

3 appropriated for expenses of other Federal agencies, with

4 payroll and financial services to be provided on a contrac5 tual basis with the General Services Administration

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

7 financial reports, copies of which shall be submitted di8 rectly by GSA to the President and to the Committees

9 on Appropriations of the Senate and House of Representa10 tives, the Committee on Governmental Affairs of the Sen11 ate, and the Committee on Government Reform of the

12 House of Representatives: Provided further, That the Dis13 trict of Columbia Courts shall implement the recommenda14 tions in the General Accounting Office Report GAO/

15 AIMD/OGC–99–226 regarding payments to court-ap16 pointed attorneys and shall report quarterly to the Office

17 of Management and Budget and to the House and Senate

18 Appropriations Committees on the status of these reforms.

19 FEDERAL PAYMENT TO THE COURT SERVICES AND OF20 FENDER SUPERVISION AGENCY FOR THE DISTRICT

21 OF COLUMBIA

22 (INCLUDING TRANSFER OF FUNDS)

23 For salaries and expenses, including the transfer and

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

25 Supervision Agency for the District of Columbia, as au-
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1 thorized by the National Capital Revitalization and Self2 Government Improvement Act of 1997 (Public Law 105–

3 33; 111 Stat. 712), $112,527,000, of which $67,521,000

4 shall be for necessary expenses of Community Supervision

5 and Sex Offender Registration, to include expenses relat6 ing to supervision of adults subject to protection orders

7 or provision of services for or related to such persons;

8 $18,778,000 shall be transferred to the Public Defender

9 Service; and $26,228,000 shall be available to the Pretrial

10 Services Agency: Provided, That of the amount provided

11 under this heading, $17,854,000 shall be used to improve

12 pretrial defendant and post-conviction offender super13 vision, enhance drug testing and sanctions-based treat14 ment programs and other treatment services, expand in15 termediate sanctions and offender re-entry programs, con16 tinue planning and design proposals for a residential

17 Sanctions Center and improve administrative infrastruc18 ture, including information technology; and $836,000 of

19 the $17,854,000 referred to in this proviso is for the Pub20 lic Defender Service: Provided further, That notwith21 standing any other provision of law, all amounts under

22 this heading shall be apportioned quarterly by the Office

23 of Management and Budget and obligated and expended

24 in the same manner as funds appropriated for salaries and

25 expenses of other Federal agencies: Provided further, That
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1 notwithstanding section 446 of the District of Columbia

2 Home Rule Act or any provision of subchapter III of chap3 ter 13 of title 31, United States Code, the use of interest

4 earned on the Federal payment made to the District of

5 Columbia Offender Supervision, Defender, and Court

6 Services Agency under the District of Columbia Appro7 priations Act, 1998, by the Agency during fiscal years

8 1998 and 1999 shall not constitute a violation of such Act

9 or such subchapter.

10 FEDERAL PAYMENT FOR WASHINGTON INTERFAITH

11 NETWORK

12 For a Federal payment to the Washington Interfaith

13 Network to reimburse the Network for costs incurred in

14 carrying out preconstruction activities at the former Fort

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

16 That such activities may include architectural and engi17 neering studies, property appraisals, environmental as18 sessments, grading and excavation, landscaping, paving,

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

20 lines, and other utilities: Provided further, That the Sec21 retary of the Treasury shall make such payment only after

22 the Network has received matching funds from private

23 sources (including funds provided through loans) to carry

24 out such activities in an aggregate amount which is equal

25 to the amount of such payment (as certified by the Inspec-
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1 tor General of the District of Columbia) and has provided

2 the Secretary of the Treasury with a request for reim3 bursement which contains documentation certified by the

4 Inspector General of the District of Columbia showing

5 that the Network carried out the activities and that the

6 costs incurred in carrying out the activities were equal to

7 or less than the amount of the reimbursement requested:

8 Provided further, That none of the funds provided under

9 this heading may be obligated or expended after December

10 31, 2001 (without regard to whether the activities involved

11 were carried out prior to such date).

12 FEDERAL PAYMENT FOR PLAN TO SIMPLIFY EMPLOYEE

13 COMPENSATION SYSTEMS

14 For a Federal payment to the Mayor of the District

15 of Columbia for a contract for the study and development

16 of a plan to simplify the compensation systems, schedules,

17 and work rules applicable to employees of the District gov18 ernment, $250,000: Provided, That under the terms of the

19 contract the plan shall include (at a minimum) a review

20 of the current compensation systems, schedules, and work

21 rules applicable to such employees; a review of the best

22 practices regarding the compensation systems, schedules,

23 and work rules of State and local governments and other

24 appropriate organizations; a proposal for simplifying the

25 systems, schedules, and rules applicable to employees of
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1 the District government; and the development of strategies

2 for implementing such proposal, including an identifica3 tion of any statutory, contractual, or other barriers to im4 plementing the proposal and an estimated time frame for

5 implementing the proposal: Provided further, That under

6 the terms of the contract the contractor shall submit the

7 plan to the Mayor and to the Committees on Appropria8 tions of the House of Representatives and Senate: Pro9 vided further, That the Mayor shall develop a proposed

10 solicitation for the contract not later than 90 days after

11 the date of the enactment of this Act and shall submit

12 a copy of the proposed solicitation to the Comptroller Gen13 eral for review at least 90 days prior to the issuance of

14 such solicitation: Provided further, That not later than 45

15 days after receiving the proposed solicitation from the

16 Mayor, the Comptroller General shall review the solicita17 tion to ensure that it adequately addresses all of the nec18 essary elements described under this heading and report

19 to the Committees on Appropriations of the House of Rep20 resentatives and Senate on the results of this review: Pro21 vided further, That for purposes of this contract the term

22 ‘‘District government’’ has the meaning given such term

23 in section 305(5) of the District of Columbia Financial

24 Responsibility and Management Assistance Act of 1995

25 (sec. 47–393(5), D.C. Code), except that such term shall
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1 not include the courts of the District of Columbia and

2 shall include the District of Columbia Financial Responsi3 bility and Management Assistance Authority.

4 METRORAIL CONSTRUCTION

5 For the Washington Metropolitan Area Transit Au6 thority (WMATA), a contribution of $25,000,000, to re7 main available until expended, to design and build a Met8 rorail station located at New York and Florida Avenues,

9 Northeast: Provided, That prior to the release of said

10 funds from the U.S. Treasury, the District of Columbia

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

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

13 further, shall establish a special taxing district for the

14 neighborhood of the proposed Metrorail station to provide

15 $25,000,000: Provided further, That the requirements of

16 49 U.S.C. 5309(a)(2) shall apply to this project.

17 FEDERAL PAYMENT FOR BROWNFIELD REMEDIATION

18 For a Federal payment to the District of Columbia,

19 $3,450,000 for environmental and infrastructure costs at

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

21 shall be available for environmental assessment, site reme22 diation, and wetlands restoration of the 11 acres of real

23 property under the jurisdiction of the District of Colum24 bia: Provided further, That no more than $1,300,000 shall

25 be used for infrastructure costs for an entrance to Ana-
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1 costia Park: Provided further, That none of said funds

2 shall be used by the District of Columbia to purchase pri3 vate property in the Poplar Point area.

4 PRESIDENTIAL INAUGURATION

5 For a payment to the District of Columbia to reim6 burse the District for expenses incurred in connection with

7 Presidential inauguration activities, $5,961,000, as au8 thorized by section 737(b) of the District of Columbia

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

10 824; D.C. Code, sec. 1–1132), which shall be apportioned

11 by the Chief Financial Officer within the various appro12 priation headings in this Act.

13 CHILDREN’S NATIONAL MEDICAL CENTER

14 For a Federal contribution to the Children’s National

15 Medical Center in the District of Columbia, $500,000 to

16 be used for the network of satellite pediatric health clinics

17 for children and families in underserved neighborhoods

18 and communities in the District of Columbia.

19 CHILD ADVOCACY CENTER

20 For a Federal contribution to the Child Advocacy

21 Center for its Safe Shores program, $500,000.

22 ST. COLETTA OF GREATER WASHINGTON EXPANSION

23 PROJECT

24 For a Federal contribution to St. Coletta of Greater

25 Washington, Inc. for costs associated with the establish-
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1 ment of a day program and comprehensive case manage2 ment services for mentally retarded and multiple-handi3 capped adolescents and adults in the District of Columbia,

4 including property acquisition and construction,

5 $1,000,000.

6 DISTRICT OF COLUMBIA SPECIAL OLYMPICS

7 For a Federal contribution to the District of Colum8 bia Special Olympics, $250,000.

9 DISTRICT OF COLUMBIA FUNDS

10 OPERATING EXPENSES

11 DIVISION OF EXPENSES

12 The following amounts are appropriated for the Dis13 trict of Columbia for the current fiscal year out of the

14 general fund of the District of Columbia, except as other15 wise specifically provided: Provided, That notwithstanding

16 any other provision of law, except as provided in section

17 450A of the District of Columbia Home Rule Act and sec18 tion 126 of this Act, the total amount appropriated in this

19 Act for operating expenses for the District of Columbia

20 for fiscal year 2001 under this heading shall not exceed

21 the lesser of the sum of the total revenues of the District

22 of Columbia for such fiscal year or $5,677,379,000 (of

23 which $172,607,000 shall be from intra-District funds and

24 $3,250,783,000 shall be from local funds): Provided fur25 ther, That the Chief Financial Officer of the District of
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1 Columbia and the District of Columbia Financial Respon2 sibility and Management Assistance Authority shall take

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

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

8 not reprogram for operating expenses any funds derived

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

10 projects.

11 DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY

12 AND MANAGEMENT ASSISTANCE AUTHORITY

13 For the District of Columbia Financial Responsibility

14 and Management Assistance Authority (Authority), estab15 lished by section 101(a) of the District of Columbia Finan16 cial Responsibility and Management Assistance Act of

17 1995 (109 Stat. 97; Public Law 104–8), $3,140,000: Pro18 vided, That these funds be derived from accounts held by

19 the Authority on behalf of the District of Columbia: Pro20 vided further, That none of the funds contained in this

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

22 Director or General Counsel of the Authority at a rate

23 in excess of the maximum rate of compensation which may

24 be paid to such individual during fiscal year 2001 under

25 section 102 of such Act, as determined by the Comptroller
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1 General (as described in GAO letter report B–279095.2):

2 Provided further, That none of the funds contained in this

3 Act or any other funds available to the Authority or any

4 other entity of the District of Columbia government from

5 any source (including any accounts of the Authority) may

6 be used for any payments (including but not limited to

7 severance or bonus payments, and payments under agree8 ments in effect before the enactment of this Act) to any

9 individual upon or following the individual’s separation

10 from employment with the Authority (other than a pay11 ment of the individual’s regular salary for services per12 formed prior to separation or a payment for unused an13 nual leave accrued by the individual), except that an indi14 vidual who is employed by the Authority during the entire

15 period which begins on the date of the enactment of this

16 Act and ends on September 30, 2001, may receive a sever17 ance payment after such date in an aggregate amount

18 which does not exceed the product of 200 percent of the

19 individual’s average weekly salary during the final 12-

20 month period (or portion thereof ) during which the indi21 vidual was employed by the Authority and the number of

22 full years during which the individual was employed by

23 the Authority.
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1 GOVERNMENTAL DIRECTION AND SUPPORT

2 Governmental direction and support, $195,771,000

3 (including $162,172,000 from local funds, $20,424,000

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

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

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

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

8 be available from this appropriation for official purposes:

9 Provided further, That any program fees collected from the

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

12 of Columbia: Provided further, That no revenues from

13 Federal sources shall be used to support the operations

14 or activities of the Statehood Commission and Statehood

15 Compact Commission: Provided further, That the District

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

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

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

21 further, That notwithstanding any other provision of law,

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

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

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

4 or employee of the District of Columbia government, for

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

6 That $303,000 and no fewer than 5 FTEs shall be avail7 able exclusively to support the Labor-Management Part8 nership Council: Provided further, That, effective Sep9 tember 30, 2000, section 168(a) of the District of Colum10 bia Appropriations Act, 2000 (Public Law 106–113; 113

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

12 until expended,’’ after ‘‘$5,000,000’’: Provided further,

13 That not later than March 1, 2001, the Chief Financial

14 Officer of the District of Columbia shall submit a study

15 to the Committees on Appropriations of the House of Rep16 resentatives and Senate on the merits and potential sav17 ings of privatizing the operation and administration of

18 Saint Elizabeths Hospital.

19 ECONOMIC DEVELOPMENT AND REGULATION

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

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

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

23 of which $15,000,000 collected by the District of Colum24 bia in the form of BID tax revenue shall be paid to the

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

2 1–2271 et seq.), and the Business Improvement Districts

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

4 That such funds are available for acquiring services pro5 vided by the General Services Administration: Provided

6 further, That Business Improvement Districts shall be ex7 empt from taxes levied by the District of Columbia.

8 PUBLIC SAFETY AND JUSTICE

9 Public safety and justice, including purchase or lease

10 of 135 passenger carrying vehicles for replacement only,

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

12 without regard to the general purchase price limitation for

13 the current fiscal year, and such sums as may be nec14 essary for making refunds and for the payment of judg15 ments that have been entered against the District of Co16 lumbia government $762,546,000 (including

17 $591,565,000 from local funds, $24,950,000 from Federal

18 funds, and $146,031,000 from other funds): Provided,

19 That the Metropolitan Police Department is authorized to

20 replace not to exceed 25 passenger-carrying vehicles and

21 the Department of Fire and Emergency Medical Services

22 of the District of Columbia is authorized to replace not

23 to exceed five passenger-carrying vehicles annually when24 ever the cost of repair to any damaged vehicle exceeds

25 three-fourths of the cost of the replacement: Provided fur-
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1 ther, That not to exceed $500,000 shall be available from

2 this appropriation for the Chief of Police for the preven3 tion and detection of crime: Provided further, That not4 withstanding any other provision of law, or Mayor’s Order

5 86–45, issued March 18, 1986, the Metropolitan Police

6 Department’s delegated small purchase authority shall be

7 $500,000: Provided further, That the District of Columbia

8 government may not require the Metropolitan Police De9 partment to submit to any other procurement review proc10 ess, or to obtain the approval of or be restricted in any

11 manner by any official or employee of the District of Co12 lumbia government, for purchases that do not exceed

13 $500,000: Provided further, That the Mayor shall reim14 burse the District of Columbia National Guard for ex15 penses incurred in connection with services that are per16 formed in emergencies by the National Guard in a militia

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

18 shall be jointly determined and certified as due and pay19 able for these services by the Mayor and the Commanding

20 General of the District of Columbia National Guard: Pro21 vided further, That such sums as may be necessary for

22 reimbursement to the District of Columbia National

23 Guard under the preceding proviso shall be available from

24 this appropriation, and the availability of the sums shall

25 be deemed as constituting payment in advance for emer-
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1 gency services involved: Provided further, That the Metro2 politan Police Department is authorized to maintain 3,800

3 sworn officers, with leave for a 50 officer attrition: Pro4 vided further, That no more than 15 members of the Met5 ropolitan Police Department shall be detailed or assigned

6 to the Executive Protection Unit, until the Chief of Police

7 submits a recommendation to the Council for its review:

8 Provided further, That $100,000 shall be available for in9 mates released on medical and geriatric parole: Provided

10 further, That commencing on December 31, 2000, the

11 Metropolitan Police Department shall provide to the Com12 mittees on Appropriations of the Senate and House of

13 Representatives, the Committee on Governmental Affairs

14 of the Senate, and the Committee on Government Reform

15 of the House of Representatives, quarterly reports on the

16 status of crime reduction in each of the 83 police service

17 areas established throughout the District of Columbia.

18 PUBLIC EDUCATION SYSTEM

19 Public education system, including the development

20 of national defense education programs, $998,918,000 (in21 cluding $824,867,000 from local funds, $147,643,000

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

23 to be allocated as follows: $769,943,000 (including

24 $629,309,000 from local funds, $133,490,000 from Fed25 eral funds, and $7,144,000 from other funds), for the pub-
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1 lic schools of the District of Columbia; $200,000 from

2 local funds for the District of Columbia Teachers’ Retire3 ment Fund; $1,679,000 from local funds for the State

4 Education Office, $17,000,000 from local funds, pre5 viously appropriated in this Act as a Federal payment, for

6 resident tuition support at public and private institutions

7 of higher learning for eligible District of Columbia resi8 dents; and $105,000,000 from local funds for public char9 ter schools: Provided, That there shall be quarterly dis10 bursement of funds to the District of Columbia public

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

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

13 That the District of Columbia public charter schools will

14 report enrollment on a quarterly basis upon which a quar15 terly disbursement will be calculated: Provided further,

16 That the quarterly payment of October 15, 2000, shall

17 be 50 percent of each public charter school’s annual enti18 tlement based on its unaudited October 5 enrollment

19 count: Provided further, That if the entirety of this alloca20 tion has not been provided as payments to any public char21 ter schools currently in operation through the per pupil

22 funding formula, the funds shall be available for public

23 education in accordance with the School Reform Act of

24 1995 (D.C. Code, sec. 31–2853.43(A)(2)(D); Public Law

25 104–134, as amended): Provided further, That $480,000
25

HR 5633 RDS

1 of this amount shall be available to the District of Colum2 bia Public Charter School Board for administrative costs:

3 Provided further, That $76,433,000 (including

4 $44,691,000 from local funds, $13,199,000 from Federal

5 funds, and $18,543,000 from other funds) shall be avail6 able for the University of the District of Columbia: Pro7 vided further, That $200,000 is allocated for the East of

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

9 Excel Institute Adult Education Program to be used by

10 the Institute for construction and to acquire construction

11 services provided by the General Services Administration

12 on a reimbursable basis, $500,000 for the Adult Edu13 cation State Plan, $650,000 for The Saturday Academy

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

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

16 $25,208,000 from local funds, $550,000 from Federal

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

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

19 be allocated such that $500,000 is used for facilities im20 provements for 8 of the 26 library branches, $235,000 for

21 13 FTEs for the continuation of the Homework Helpers

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

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

24 homes, and $119,000 for 3 FTEs to expand literacy sup25 port into branch libraries: Provided further, That
26

HR 5633 RDS

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

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

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

4 and Humanities: Provided further, That the public schools

5 of the District of Columbia are authorized to accept not

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

7 education program: Provided further, That not to exceed

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

9 President of the University of the District of Columbia,

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

11 from this appropriation for official purposes: Provided fur12 ther, That none of the funds contained in this Act may

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

14 Columbia Public School teacher, principal, administrator,

15 official, or employee who knowingly provides false enroll16 ment or attendance information under article II, section

17 5 of the Act entitled ‘‘An Act to provide for compulsory

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

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

20 February 4, 1925 (D.C. Code, sec. 31–401 et seq.): Pro21 vided further, That this appropriation shall not be avail22 able to subsidize the education of any nonresident of the

23 District of Columbia at any District of Columbia public

24 elementary and secondary school during fiscal year 2001

25 unless the nonresident pays tuition to the District of Co-
27

HR 5633 RDS

1 lumbia at a rate that covers 100 percent of the costs in2 curred by the District of Columbia which are attributable

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

4 Superintendent of the District of Columbia Public

5 Schools): Provided further, That this appropriation shall

6 not be available to subsidize the education of nonresidents

7 of the District of Columbia at the University of the Dis8 trict of Columbia, unless the Board of Trustees of the Uni9 versity of the District of Columbia adopts, for the fiscal

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

11 that will establish the tuition rate for nonresident students

12 at a level no lower than the nonresident tuition rate

13 charged at comparable public institutions of higher edu14 cation in the metropolitan area: Provided further, That

15 $2,200,000 is allocated to the Temporary Weighted Stu16 dent Formula to fund 344 additional slots for pre-K stu17 dents: Provided further, That $50,000 is allocated to fund

18 a conference on learning support for children ages 3–4

19 hosted jointly by the District of Columbia Public Schools

20 and District of Columbia public charter schools: Provided

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

22 administer a system-wide standardized test more than

23 once in fiscal year 2001: Provided further, That no less

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

25 through the Weighted Student Formula: Provided further,
28

HR 5633 RDS

1 That notwithstanding any other provision of law, rule, or

2 regulation, the evaluation process and instruments for

3 evaluating District of Columbia Public School employees

4 shall be a non-negotiable item for collective bargaining

5 purposes: Provided further, That the District of Columbia

6 Public Schools shall spend $250,000 to engage in a

7 Schools Without Violence program based on a model devel8 oped by the University of North Carolina, located in

9 Greensboro, North Carolina: Provided further, That the

10 District of Columbia Public Schools shall spend $250,000

11 to implement a Failure Free Reading program in the Dis12 trict’s public schools: Provided further, That notwith13 standing the amounts otherwise provided under this head14 ing or any other provision of law, there shall be appro15 priated to the District of Columbia public charter schools

16 on July 1, 2001, an amount equal to 25 percent of the

17 total amount provided for payments to public charter

18 schools in the proposed budget of the District of Columbia

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

20 amount of such payment shall be chargeable against the

21 final amount provided for such payments under the Dis22 trict of Columbia Appropriations Act, 2002: Provided fur23 ther, That notwithstanding the amounts otherwise pro24 vided under this heading or any other provision of law,

25 there shall be appropriated to the District of Columbia
29

HR 5633 RDS

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

2 percent of the total amount provided for the District of

3 Columbia Public Schools in the proposed budget of the

4 District of Columbia for fiscal year 2002 (as submitted

5 to Congress), and the amount of such payment shall be

6 chargeable against the final amount provided for the Dis7 trict of Columbia Public Schools under the District of Co8 lumbia Appropriations Act, 2002.

9 HUMAN SUPPORT SERVICES

10 (INCLUDING TRANSFER OF FUNDS)

11 Human support services, $1,535,654,000 (including

12 $637,347,000 from local funds, $881,589,000 from Fed13 eral funds, and $16,718,000 from other funds): Provided,

14 That $25,836,000 of this appropriation, to remain avail15 able until expended, shall be available solely for District

16 of Columbia employees’ disability compensation: Provided

17 further, That the District of Columbia shall not provide

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

19 disposal or collection, utilities, maintenance, repairs, or

20 similar services to any legally constituted private nonprofit

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

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

23 Public Law 100–77; 42 U.S.C. 11371), providing emer24 gency shelter services in the District, if the District would

25 not be qualified to receive reimbursement pursuant to such
30

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

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

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

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

5 $250,000 to cover debt owed by the District of Columbia

6 government for services rendered shall be paid to the Doe

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

8 $1,000,000 shall be paid in equal monthly installments by

9 the fifteenth day of each month: Provided further, That

10 $400,000 shall be available for the administrative costs

11 associated with implementation of the Drug Treatment

12 Choice Program established pursuant to section 4 of the

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

14 Mayor on April 20, 2000 (D.C. Act 13–329): Provided fur15 ther, That $7,000,000 shall be available for deposit in the

16 Addiction Recovery Fund established pursuant to section

17 5 of the Choice in Drug Treatment Act of 2000, signed

18 by the Mayor on April 20, 2000 (D.C. Act 13–329): Pro19 vided further, That the District of Columbia is authorized

20 to enter into a long-term lease of Hamilton Field with

21 Gonzaga College High School and that, in exchange for

22 such a lease, Gonzaga will introduce and implement a

23 youth baseball program focused on 13 to 18 year old resi24 dents, said program to include summer and fall baseball

25 programs and baseball clinics: Provided further, That not-
31

HR 5633 RDS

1 withstanding any other provision of law, to augment the

2 District of Columbia subsidy for the District of Columbia

3 Health and Hospitals Public Benefit Corporation, the Dis4 trict of Columbia may transfer from other non-Federal

5 funds appropriated under this Act to the Human Support

6 Services appropriation under this Act an amount not to

7 exceed $90,000,000 for the purpose of restructuring the

8 delivery of health services in the District of Columbia: Pro9 vided further, That such restructuring shall be pursuant

10 to a restructuring plan approved by the Mayor of the Dis11 trict of Columbia, the Council of the District of Columbia,

12 the District of Columbia Financial Responsibility and

13 Management Assistance Authority, and the Board of Di14 rectors of the Public Benefit Corporation: Provided fur15 ther, That—

16 (1) the restructuring plan reduces personnel

17 levels of D.C. General Hospital and of the Public

18 Benefit Corporation consistent with the reduction in

19 force set forth in the August 25, 2000, resolution of

20 the Board of Directors of the Public Benefit Cor21 poration regarding personnel structure, by reducing

22 personnel by at least 500 full-time equivalent em23 ployees, without replacement by contract personnel;

24 (2) no transferred funds are expended until 10

25 calendar days after the restructuring plan has re-
32

HR 5633 RDS

1 ceived final approval and a copy evidencing final ap2 proval has been submitted by the Mayor to the Com3 mittee on Government Reform of the House of Rep4 resentatives, the Committee on Governmental Affairs

5 of the Senate, and the Committees on Appropria6 tions of the House of Representatives and the Sen7 ate; and

8 (3) the plan includes a certification that the

9 plan does not request and does not rely upon any

10 current or future request for additional appropria11 tion of Federal funds.

12 PUBLIC WORKS

13 Public works, including rental of one passenger-car14 rying vehicle for use by the Mayor and three passenger15 carrying vehicles for use by the Council of the District of

16 Columbia and leasing of passenger-carrying vehicles,

17 $278,242,000 (including $265,078,000 from local funds,

18 $3,328,000 from Federal funds, and $9,836,000 from

19 other funds): Provided, That this appropriation shall not

20 be available for collecting ashes or miscellaneous refuse

21 from hotels and places of business: Provided further, That

22 $100,000 shall be available for a commercial sector recy23 cling initiative, $250,000 to initiate a recycling education

24 campaign, $10,000 for community clean-up kits, $190,000

25 to restore a 3.5 percent vacancy rate in Parking Services,
33

HR 5633 RDS

1 $170,000 to plant 500 trees, $118,000 for two water

2 trucks, $150,000 for contract monitors and parking ana3 lysts within Parking Services, $1,409,000 for a neighbor4 hood cleanup initiative, $1,000,000 for tree maintenance,

5 $600,000 for an anti-graffiti program, $226,000 for a

6 hazardous waste program, $1,260,000 for parking control

7 aides, and $400,000 for the Department of Motor Vehicles

8 to hire additional ticket adjudicators, conduct additional

9 hearings, and reduce the waiting time for hearings.

10 RECEIVERSHIP PROGRAMS

11 For all agencies of the District of Columbia govern12 ment under court ordered receivership, $389,528,000 (in13 cluding $234,913,000 from local funds, $135,555,000

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

15 RESERVE

16 For replacement of funds expended, if any, during

17 fiscal year 2000 from the Reserve established by section

18 202( j) of the District of Columbia Financial Responsi19 bility and Management Assistance Act of 1995, Public

20 Law 104–8, $150,000,000 from local funds: Provided,

21 That none of these funds shall be obligated or expended

22 under this heading until the emergency reserve fund estab23 lished under this Act has been fully funded for fiscal year

24 2001 pursuant to section 450A of the District of Columbia

25 Home Rule Act as set forth herein.
34

HR 5633 RDS

1 EMERGENCY RESERVE FUND

2 For the emergency reserve fund established under

3 section 450A(a) of the District of Columbia Home Rule

4 Act, the amount provided for fiscal year 2001 under such

5 section, to be derived from local funds.

6 REPAYMENT OF LOANS AND INTEREST

7 For payment of principal, interest and certain fees

8 directly resulting from borrowing by the District of Co9 lumbia to fund District of Columbia capital projects as

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

11 of Columbia Home Rule Act, approved December 24,

12 1973, $243,238,000 from local funds: Provided, That any

13 funds set aside pursuant to section 148 of the District

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

15 113; 113 Stat. 1523) that are not used in the reserve

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

17 Capital Funds: Provided further, That for equipment

18 leases, the Mayor may finance $19,232,000 of equipment

19 cost, plus cost of issuance not to exceed 2 percent of the

20 par amount being financed on a lease purchase basis with

21 a maturity not to exceed 5 years: Provided further, That

22 $2,000,000 is allocated to the Metropolitan Police Depart23 ment, $4,300,000 for the Fire and Emergency Medical

24 Services Department, $1,622,000 for the Public Library,

25 $2,010,000 for the Department of Parks and Recreation,
35

HR 5633 RDS

1 $7,500,000 for the Department of Public Works, and

2 $1,800,000 for the Public Benefit Corporation.

3 REPAYMENT OF GENERAL FUND RECOVERY DEBT

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

5 general fund accumulated deficit as of September 30,

6 1990, $39,300,000 from local funds, as authorized by sec7 tion 461(a) of the District of Columbia Home Rule Act,

8 (105 Stat. 540; D.C. Code, sec. 47–321(a)(1)).

9 PAYMENT OF INTEREST ON SHORT-TERM BORROWING

10 For payment of interest on short-term borrowing,

11 $1,140,000 from local funds.

12 PRESIDENTIAL INAUGURATION

13 For reimbursement for necessary expenses incurred

14 in connection with Presidential inauguration activities as

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

16 Home Rule Act, Public Law 93–198, as amended, ap17 proved December 24, 1973 (87 Stat. 824; D.C. Code, sec.

18 1–1803), $5,961,000 from local funds, previously appro19 priated in this Act as a Federal payment, which shall be

20 apportioned by the Chief Financial Officer within the var21 ious appropriation headings in this Act.

22 CERTIFICATES OF PARTICIPATION

23 For lease payments in accordance with the Certifi24 cates of Participation involving the land site underlying
36

HR 5633 RDS

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

2 from local funds.

3 WILSON BUILDING

4 For expenses associated with the John A. Wilson

5 Building, $8,409,000 from local funds.

6 OPTICAL AND DENTAL INSURANCE PAYMENTS

7 For optical and dental insurance payments,

8 $2,675,000 from local funds.

9 MANAGEMENT SUPERVISORY SERVICE

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

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

12 District of Columbia among the various appropriation

13 headings in this Act for which employees are properly pay14 able.

15 TOBACCO SETTLEMENT TRUST FUND TRANSFER

16 PAYMENT

17 Subject to the issuance of bonds to pay the purchase

18 price of the District of Columbia’s right, title and interest

19 in and to the Master Settlement Agreement, and con20 sistent with the Tobacco Settlement Financing and Trust

21 Fund Amendment Act of 2000, there is transferred the

22 amount available pursuant thereto, but not to exceed

23 $61,406,000, to the Tobacco Settlement Trust Fund es24 tablished pursuant to section 2302 of the Tobacco Settle25 ment Trust Fund Establishment Act of 1999, effective
37

HR 5633 RDS

1 October 20, 1999 (D.C. Law 13–38; to be codified at D.C.

2 Code, sec. 6–135), to be spent pursuant to local law.

3 OPERATIONAL IMPROVEMENTS SAVINGS (INCLUDING

4 MANAGED COMPETITION)

5 The Mayor and the Council, in consultation with the

6 Chief Financial Officer and the District of Columbia Fi7 nancial Responsibility and Management Assistance Au8 thority, shall make reductions of $10,000,000 for oper9 ational improvements savings in local funds to one or more

10 of the appropriation headings in this Act.

11 MANAGEMENT REFORM SAVINGS

12 The Mayor and the Council, in consultation with the

13 Chief Financial Officer and the District of Columbia Fi14 nancial Responsibility and Management Assistance Au15 thority, shall make reductions of $37,000,000 for manage16 ment reform savings in local funds to one or more of the

17 appropriation headings in this Act.

18 CAFETERIA PLAN SAVINGS

19 For the implementation of a Cafeteria Plan pursuant

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

21 ENTERPRISE AND OTHER FUNDS

22 WATER AND SEWER AUTHORITY AND THE WASHINGTON

23 AQUEDUCT

24 For operation of the Water and Sewer Authority and

25 the Washington Aqueduct, $275,705,000 from other funds
38

HR 5633 RDS

1 (including $230,614,000 for the Water and Sewer Author2 ity and $45,091,000 for the Washington Aqueduct) of

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

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

5 interest incurred for capital improvement projects.

6 For construction projects, $140,725,000, as author7 ized by the Act entitled ‘‘An Act authorizing the laying

8 of watermains and service sewers in the District of Colum9 bia, the levying of assessments therefor, and for other pur10 poses’’ (33 Stat. 244; Public Law 58–140; D.C. Code, sec.

11 43–1512 et seq.): Provided, That the requirements and

12 restrictions that are applicable to general fund capital im13 provements projects and set forth in this Act under the

14 Capital Outlay appropriation title shall apply to projects

15 approved under this appropriation title.

16 LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

17 For the Lottery and Charitable Games Enterprise

18 Fund, established by the District of Columbia Appropria19 tion Act for the fiscal year ending September 30, 1982

20 (95 Stat. 1174, 1175; Public Law 97–91), for the purpose

21 of implementing the Law to Legalize Lotteries, Daily

22 Numbers Games, and Bingo and Raffles for Charitable

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

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

25 $223,200,000: Provided, That the District of Columbia
39

HR 5633 RDS

1 shall identify the source of funding for this appropriation

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

3 Provided further, That no revenues from Federal sources

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

5 Lottery and Charitable Games Control Board.

6 SPORTS AND ENTERTAINMENT COMMISSION

7 For the Sports and Entertainment Commission,

8 $10,968,000 from other funds: Provided, That the Mayor

9 shall submit a budget for the Armory Board for the forth10 coming fiscal year as required by section 442(b) of the

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

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

13 DISTRICT OF COLUMBIA HEALTH AND HOSPITALS

14 PUBLIC BENEFIT CORPORATION

15 (INCLUDING TRANSFER OF FUNDS)

16 For the District of Columbia Health and Hospitals

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

18 212 (D.C. Code, sec. 32–262.2), $123,548,000, of which

19 $45,313,000 shall be derived by transfer from the general

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

21 no appropriated amounts and no amounts from or guaran22 teed by the District of Columbia government (including

23 the District of Columbia Financial Responsibility and

24 Management Assistance Authority) may be made available

25 to the Corporation (through reprogramming, transfers,
40

HR 5633 RDS

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

2 provided for under this heading until a restructuring plan

3 for D.C. General Hospital has been approved by the

4 Mayor of the District of Columbia, the Council of the Dis5 trict of Columbia, the Authority, the Chief Financial Offi6 cer of the District of Columbia, and the Chair of the

7 Board of Directors of the Corporation: Provided further,

8 That for each payment or group of payments made by or

9 on behalf of the Corporation, the Chief Financial Officer

10 of the District of Columbia shall sign an affidavit certi11 fying that the making of the payment does not constitute

12 a violation of any provision of subchapter III of chapter

13 13 of title 31, United States Code, or of any provision

14 of this Act: Provided further, That more than one payment

15 may be covered by the same affidavit under the previous

16 proviso, but a single affidavit may not cover more than

17 one week’s worth of payments: Provided further, That it

18 shall be unlawful for any person to order any other person

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

20 any person to provide any signature required under this

21 heading on such an affidavit by proxy or by machine, com22 puter, or other facsimile device.

23 DISTRICT OF COLUMBIA RETIREMENT BOARD

24 For the District of Columbia Retirement Board, es25 tablished by section 121 of the District of Columbia Re-
41

HR 5633 RDS

1 tirement Reform Act of 1979 (93 Stat. 866; D.C. Code,

2 sec. 1–711), $11,414,000 from the earnings of the appli3 cable retirement funds to pay legal, management, invest4 ment, and other fees and administrative expenses of the

5 District of Columbia Retirement Board: Provided, That

6 the District of Columbia Retirement Board shall provide

7 to the Congress and to the Council of the District of Co8 lumbia a quarterly report of the allocations of charges by

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

10 That the District of Columbia Retirement Board shall pro11 vide the Mayor, for transmittal to the Council of the Dis12 trict of Columbia, an itemized accounting of the planned

13 use of appropriated funds in time for each annual budget

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

15 each annual audited financial report.

16 CORRECTIONAL INDUSTRIES FUND

17 For the Correctional Industries Fund, established by

18 the District of Columbia Correctional Industries Estab19 lishment Act (78 Stat. 1000; Public Law 88–622),

20 $1,808,000 from other funds.

21 WASHINGTON CONVENTION CENTER ENTERPRISE FUND

22 For the Washington Convention Center Enterprise

23 Fund, $52,726,000 from other funds.
42

HR 5633 RDS

1 CAPITAL OUTLAY

2 (INCLUDING RESCISSIONS)

3 For construction projects, an increase of

4 $1,077,282,000 of which $806,787,000 is from local

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

6 $204,049,000 is from Federal funds, and a rescission of

7 $55,208,000 from local funds appropriated under this

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

9 $1,022,074,000 to remain available until expended: Pro10 vided, That funds for use of each capital project imple11 menting agency shall be managed and controlled in ac12 cordance with all procedures and limitations established

13 under the Financial Management System: Provided fur14 ther, That all funds provided by this appropriation title

15 shall be available only for the specific projects and pur16 poses intended: Provided further, That notwithstanding

17 the foregoing, all authorizations for capital outlay

18 projects, except those projects covered by the first sen19 tence of section 23(a) of the Federal Aid Highway Act

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

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

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

23 except authorizations for projects as to which funds have

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

25 2002: Provided further, That upon expiration of any such
43

HR 5633 RDS

1 project authorization, the funds provided herein for the

2 project shall lapse.

3 GENERAL PROVISIONS

4 SEC. 101. Whenever in this Act, an amount is speci5 fied within an appropriation for particular purposes or ob6 jects of expenditure, such amount, unless otherwise speci7 fied, shall be considered as the maximum amount that

8 may be expended for said purpose or object rather than

9 an amount set apart exclusively therefor.

10 SEC. 102. Appropriations in this Act shall be avail11 able for expenses of travel and for the payment of dues

12 of organizations concerned with the work of the District

13 of Columbia government, when authorized by the Mayor:

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

15 of Columbia, funds may be expended with the authoriza16 tion of the chair of the Council.

17 SEC. 103. There are appropriated from the applicable

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

19 necessary for making refunds and for the payment of

20 judgments that have been entered against the District of

21 Columbia government: Provided, That nothing contained

22 in this section shall be construed as modifying or affecting

23 the provisions of section 11(c)(3) of title XII of the Dis24 trict of Columbia Income and Franchise Tax Act of 1947
44

HR 5633 RDS

1 (70 Stat. 78; Public Law 84–460; D.C. Code, sec. 47–

2 1812.11(c)(3)).

3 SEC. 104. (a) REQUIRING MAYOR TO MAINTAIN

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

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

6 Columbia shall maintain an index of all employment per7 sonal services and consulting contracts in effect on behalf

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

9 specific information on any severance clause in effect

10 under any such contract.

11 (b) PUBLIC INSPECTION.—The index maintained

12 under subsection (a) shall be kept available for public in13 spection during regular business hours.

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

15 not apply with respect to any collective bargaining agree16 ment or any contract entered into pursuant to such a col17 lective bargaining agreement.

18 (d) DISTRICT GOVERNMENT DEFINED.—In this sec19 tion, the term ‘‘District government’’ means the govern20 ment of the District of Columbia, including—

21 (1) any department, agency or instrumentality

22 of the government of the District of Columbia;

23 (2) any independent agency of the District of

24 Columbia established under part F of title IV of the

25 District of Columbia Home Rule Act or any other
45

HR 5633 RDS

1 agency, board, or commission established by the

2 Mayor or the Council;

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

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

5 benefit corporation which has the authority to re6 ceive monies directly or indirectly from the District

7 of Columbia (other than monies received from the

8 sale of goods, the provision of services, or the loan9 ing of funds to the District of Columbia); and

10 (5) the District of Columbia Financial Respon11 sibility and Management Assistance Authority.

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

13 contract subject to subsection (a), nor any severance pay14 ment made under such contract, if a copy of the contract

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

16 copies of their contract or severance agreement in the

17 index on their own behalf.

18 SEC. 105. No part of any appropriation contained in

19 this Act shall remain available for obligation beyond the

20 current fiscal year unless expressly so provided herein.

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

22 District of Columbia government for the operation of edu23 cational institutions, the compensation of personnel, or for

24 other educational purposes may be used to permit, encour25 age, facilitate, or further partisan political activities.
46

HR 5633 RDS

1 Nothing herein is intended to prohibit the availability of

2 school buildings for the use of any community or partisan

3 political group during non-school hours.

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

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

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

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

8 not available for inspection by the House and Senate Com9 mittees on Appropriations, the House Committee on Gov10 ernment Reform, the Senate Committee on Governmental

11 Affairs, and the Council of the District of Columbia, or

12 their duly authorized representative.

13 SEC. 108. There are appropriated from the applicable

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

15 necessary for making payments authorized by the District

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

17 2–20; D.C. Code, sec. 47–421 et seq.).

18 SEC. 109. No part of this appropriation shall be used

19 for publicity or propaganda purposes or implementation

20 of any policy including boycott designed to support or de21 feat legislation pending before Congress or any State legis22 lature.

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

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

25 for capital outlay borrowings: Provided, That within a rea-
47

HR 5633 RDS

1 sonable time after the close of each quarter, the Mayor

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

3 the Congress the actual borrowings and spending progress

4 compared with projections.

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

6 Act to the agencies funded by this Act, both Federal and

7 District government agencies, that remain available for

8 obligation or expenditure in fiscal year 2001, or provided

9 from any accounts in the Treasury of the United States

10 derived by the collection of fees available to the agencies

11 funded by this Act, shall be available for obligation or ex12 penditure for an agency through a reprogramming of

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

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

15 or changes allocations specifically denied, limited or in16 creased by Congress in this Act; (4) increases funds or

17 personnel by any means for any program, project, or re18 sponsibility center for which funds have been denied or

19 restricted; (5) reestablishes through reprogramming any

20 program or project previously deferred through re21 programming; (6) augments existing programs, projects,

22 or responsibility centers through a reprogramming of

23 funds in excess of $1,000,000 or 10 percent, whichever

24 is less; or (7) increases by 20 percent or more personnel

25 assigned to a specific program, project or responsibility
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1 center; unless the Committees on Appropriations of both

2 the Senate and House of Representatives are notified in

3 writing 30 days in advance of any reprogramming as set

4 forth in this section.

5 (b) None of the local funds contained in this Act may

6 be available for obligation or expenditure for an agency

7 through a reprogramming of funds which transfers any

8 local funds from one appropriation to another unless the

9 Committees on Appropriations of the Senate and House

10 of Representatives are notified in writing 30 days in ad11 vance of the transfer, except that in no event may the

12 amount of any funds transferred exceed 2 percent of the

13 local funds in the appropriation.

14 SEC. 112. Consistent with the provisions of 31 U.S.C.

15 1301(a), appropriations under this Act shall be applied

16 only to the objects for which the appropriations were made

17 except as otherwise provided by law.

18 SEC. 113. Notwithstanding any other provisions of

19 law, the provisions of the District of Columbia Govern20 ment Comprehensive Merit Personnel Act of 1978 (D.C.

21 Law 2–139; D.C. Code, sec. 1–601.1 et seq.), enacted pur22 suant to section 422(3) of the District of Columbia Home

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

24 sec. 1–242(3)), shall apply with respect to the compensa25 tion of District of Columbia employees: Provided, That for
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1 pay purposes, employees of the District of Columbia gov2 ernment shall not be subject to the provisions of title 5,

3 United States Code.

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

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

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

7 Council of the District of Columbia the new fiscal year

8 2001 revenue estimates as of the end of the first quarter

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

10 budget request for the fiscal year ending September 30,

11 2002. The officially revised estimates at midyear shall be

12 used for the midyear report.

13 SEC. 115. No sole source contract with the District

14 of Columbia government or any agency thereof may be re15 newed or extended without opening that contract to the

16 competitive bidding process as set forth in section 303 of

17 the District of Columbia Procurement Practices Act of

18 1985 (D.C. Law 6–85; D.C. Code, sec. 1–1183.3), except

19 that the District of Columbia government or any agency

20 thereof may renew or extend sole source contracts for

21 which competition is not feasible or practical: Provided,

22 That the determination as to whether to invoke the com23 petitive bidding process has been made in accordance with

24 duly promulgated rules and procedures and said deter25 mination has been reviewed and approved by the District
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1 of Columbia Financial Responsibility and Management

2 Assistance Authority.

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

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

5 Public Law 99–177), the term ‘‘program, project, and ac6 tivity’’ shall be synonymous with and refer specifically to

7 each account appropriating Federal funds in this Act, and

8 any sequestration order shall be applied to each of the ac9 counts rather than to the aggregate total of those ac10 counts: Provided, That sequestration orders shall not be

11 applied to any account that is specifically exempted from

12 sequestration by the Balanced Budget and Emergency

13 Deficit Control Act of 1985.

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

15 pursuant to the Balanced Budget and Emergency Deficit

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

17 after the amounts appropriated to the District of Colum18 bia for the fiscal year involved have been paid to the Dis19 trict of Columbia, the Mayor of the District of Columbia

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

21 after receipt of a request therefor from the Secretary of

22 the Treasury, such amounts as are sequestered by the

23 order: Provided, That the sequestration percentage speci24 fied in the order shall be applied proportionately to each
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1 of the Federal appropriation accounts in this Act that are

2 not specifically exempted from sequestration by such Act.

3 SEC. 118. ACCEPTANCE AND USE OF GIFTS. (a) AP4 PROVAL BY MAYOR.—

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

6 Columbia government may accept and use a gift or

7 donation during fiscal year 2001 if—

8 (A) the Mayor approves the acceptance

9 and use of the gift or donation (except as pro10 vided in paragraph (2)); and

11 (B) the entity uses the gift or donation to

12 carry out its authorized functions or duties.

13 (2) EXCEPTION FOR COUNCIL AND COURTS.—

14 The Council of the District of Columbia and the

15 District of Columbia courts may accept and use gifts

16 without prior approval by the Mayor.

17 (b) RECORDS AND PUBLIC INSPECTION.—Each enti18 ty of the District of Columbia government shall keep accu19 rate and detailed records of the acceptance and use of any

20 gift or donation under subsection (a), and shall make such

21 records available for audit and public inspection.

22 (c) INDEPENDENT AGENCIES INCLUDED.—For the

23 purposes of this section, the term ‘‘entity of the District

24 of Columbia government’’ includes an independent agency

25 of the District of Columbia.
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1 (d) EXCEPTION FOR BOARD OF EDUCATION.—This

2 section shall not apply to the District of Columbia Board

3 of Education, which may, pursuant to the laws and regula4 tions of the District of Columbia, accept and use gifts to

5 the public schools without prior approval by the Mayor.

6 SEC. 119. None of the Federal funds provided in this

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

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

9 offices of United States Senator or United States Rep10 resentative under section 4(d) of the District of Columbia

11 Statehood Constitutional Convention Initiatives of 1979

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

13 SEC. 120. (a) MODIFICATION OF CONTRACTING RE14 QUIREMENTS.—

15 (1) CONTRACTS SUBJECT TO NOTICE REQUIRE16 MENTS.—Section 2204(c)(1)(A) of the District of

17 Columbia School Reform Act (sec. 31–

18 2853.14(c)(1)(A), D.C. Code) is amended to read as

19 follows: I24 ‘‘(A) NOTICE REQUIREMENT FOR

20 PROCUREMENT CONTRACTS.—

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

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

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

3 school shall publish a notice of a request

4 for proposals in the District of Columbia

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

7 award of the contract.

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

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

12 property by a public charter school, any

13 employment contract for a staff member of

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

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

19 (2) SUBMISSION OF CONTRACTS TO ELIGIBLE

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

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

22 amended—

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

2 and inserting ‘‘eligible chartering authority’’;

3 and

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

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

9 date that is 10 days after the date the

10 school makes the submission under clause

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

13 whichever is later.’’.

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

16 (1) WAIVER OF DUPLICATE AND CONFLICTING

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

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

19 end the following new subsection:

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

21 CONFLICTING PROVISIONS.—Notwithstanding any other

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

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

24 administration, or operation of public charter schools in

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

2 extent that the provision duplicates or is inconsistent with

3 any provision of this title.’’.

4 (2) EFFECTIVE DATE.—The amendments made

5 by this subsection shall take effect as if included in

6 the enactment of the District of Columbia School

7 Reform Act of 1995.

8 (c) LICENSING REQUIREMENTS FOR PRESCHOOL OR

9 PREKINDERGARTEN PROGRAMS.—

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

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

13 ‘‘(18) LICENSING AS CHILD DEVELOPMENT

14 CENTER.—A public charter school which offers a

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

17 any) which apply to a District of Columbia public

18 school which offers such a program.’’.

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

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

21 amended by striking clause (17).

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

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

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

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

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

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

6 school may assign any payments made to the school under

7 this section to a financial institution for use as collateral

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

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

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

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

12 at the end the following new subsection:

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

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

17 through the General Services Administration and

18 may participate in programs of the Administration

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

20 entity of the District of Columbia government.

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

23 nonprofit, tax-exempt organization in the District of

24 Columbia the public charter school’s authority under

25 paragraph (1).’’.
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1 SEC. 121. REPORTING REQUIREMENTS FOR THE

2 DISTRICT OF COLUMBIA PUBLIC SCHOOLS AND THE UNI3 VERSITY OF THE DISTRICT OF COLUMBIA. (a) The Super4 intendent of the District of Columbia Public Schools

5 (DCPS) and the University of the District of Columbia

6 (UDC) shall each submit to the Committees on Appropria7 tions of the House of Representatives and Senate, the

8 Committee on Government Reform of the House of Rep9 resentatives, and the Committee on Governmental Affairs

10 of the Senate no later than 15 calendar days after the

11 end of each quarter a report that sets forth—

12 (1) current quarter expenditures and obliga13 tions, year-to-date expenditures and obligations, and

14 total fiscal year expenditure projections versus budg15 et broken out on the basis of control center, respon16 sibility center, and object class, and for all funds,

17 non-appropriated funds, and capital financing;

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

19 frozen and the amount of funds frozen, broken out

20 by control center, responsibility center, detailed ob21 ject, and for all funding sources;

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

23 $10,000 annually, which contains the name of each

24 contractor; the budget to which the contract is

25 charged, broken out on the basis of control center,
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1 responsibility center, and agency reporting code; and

2 contract identifying codes used by DCPS and UDC;

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

4 the total amount of the contract and total payments

5 made for the contract and any modifications, exten6 sions, renewals; and specific modifications made to

7 each contract in the last month;

8 (4) all reprogramming requests and reports

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

10 the Board of Education;

11 (5) all reprogramming requests and reports

12 that have been made by UDC within the last quarter

13 in compliance with applicable law; and

14 (6) changes made in the last quarter to the or15 ganizational structure of DCPS and UDC, dis16 playing for each entity previous and current control

17 centers and responsibility centers, the names of the

18 organizational entities that have been changed, the

19 name of the staff member supervising each entity af20 fected, and the reasons for the structural change.

21 (b) The Superintendent of DCPS and UDC shall an22 nually compile an accurate and verifiable report on the

23 positions and employees in the public school system and

24 the university, respectively. The annual report shall—
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1 (1) set forth the number of validated schedule

2 A positions in the District of Columbia public

3 schools and UDC for fiscal year 2001, and there4 after on full-time equivalent basis, including a com5 pilation of all positions by control center, responsi6 bility center, funding source, position type, position

7 title, pay plan, grade, and annual salary;

8 (2) set forth a compilation of all employees in

9 the District of Columbia public schools and UDC as

10 of the preceding December 31, verified as to its ac11 curacy in accordance with the functions that each

12 employee actually performs, by control center, re13 sponsibility center, agency reporting code, program

14 (including funding source), activity, location for ac15 counting purposes, job title, grade and classification,

16 annual salary, and position control number; and

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

18 the District of Columbia Council, the Consensus

19 Commission, and the Authority, not later than Feb20 ruary 15 of each year.

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

22 calendar days after the date of the enactment of this Act,

23 whichever occurs later, and each succeeding year, the Su24 perintendent of DCPS and UDC shall submit to the ap25 propriate congressional committees, the Mayor, the Dis-
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1 trict of Columbia Council, the Consensus Commission, and

2 the District of Columbia Financial Responsibility and

3 Management Assistance Authority, a revised appropriated

4 funds operating budget for the public school system and

5 UDC for such fiscal year: (1) that is in the total amount

6 of the approved appropriation and that realigns budgeted

7 data for personal services and other-than-personal serv8 ices, respectively, with anticipated actual expenditures;

9 and (2) that is in the format of the budget that the Super10 intendent of DCPS and UDC submit to the Mayor of the

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

12 submission to the Council of the District of Columbia pur13 suant to section 442 of the District of Columbia Home

14 Rule Act (Public Law 93–198; D.C. Code, sec. 47–301).

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

16 Act may be made available to pay the fees of an attorney

17 who represents a party who prevails in an action or any

18 attorney who defends any action, including an administra19 tive proceeding, brought against the District of Columbia

20 Public Schools under the Individuals with Disabilities

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

22 (1) the hourly rate of compensation of the at23 torney exceeds 250 percent of the hourly rate of

24 compensation under section 11–2604(a), District of

25 Columbia Code; or
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1 (2) the maximum amount of compensation of

2 the attorney exceeds 250 percent of the maximum

3 amount of compensation under section 11–

4 2604(b)(1), District of Columbia Code, except that

5 compensation and reimbursement in excess of such

6 maximum may be approved for extended or complex

7 representation in accordance with section 11–

8 2604(c), District of Columbia Code; and

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

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

11 (b) Notwithstanding the preceding subsection, if the

12 Mayor and the Superintendent of the District of Columbia

13 Public Schools concur in a Memorandum of Under14 standing setting forth a new rate and amount of com15 pensation, then such new rates shall apply in lieu of the

16 rates set forth in the preceding subsection to both the at17 torney who represents the prevailing party and the attor18 ney who defends the action.

19 SEC. 123. None of the funds appropriated under this

20 Act shall be expended for any abortion except where the

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

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

23 an act of rape or incest.

24 SEC. 124. None of the funds made available in this

25 Act may be used to implement or enforce the Health Care
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1 Benefits Expansion Act of 1992 (D.C. Law 9–114; D.C.

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

3 enforce any system of registration of unmarried, cohab4 iting couples (whether homosexual, heterosexual, or les5 bian), including but not limited to registration for the pur6 pose of extending employment, health, or governmental

7 benefits to such couples on the same basis that such bene8 fits are extended to legally married couples.

9 SEC. 125. The District of Columbia Financial Re10 sponsibility and Management Assistance Authority, acting

11 on behalf of the District of Columbia Public Schools

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

13 Trustees of the University of the District of Columbia, the

14 Board of Library Trustees, and the Board of Governors

15 of the University of the District of Columbia School of

16 Law shall vote on and approve the respective annual or

17 revised budgets for such entities before submission to the

18 Mayor of the District of Columbia for inclusion in the

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

20 of Columbia in accordance with section 442 of the District

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

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

23 budgets directly to the Council.

24 SEC. 126. (a) ACCEPTANCE AND USE OF GRANTS

25 NOT INCLUDED IN CEILING.—
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1 (1) IN GENERAL.—Notwithstanding any other

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

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

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

5 Financial Responsibility and Management Assistance

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

7 may accept, obligate, and expend Federal, private,

8 and other grants received by the District govern9 ment that are not reflected in the amounts appro10 priated in this Act.

11 (2) REQUIREMENT OF CHIEF FINANCIAL OFFI12 CER REPORT AND AUTHORITY APPROVAL.—No such

13 Federal, private, or other grant may be accepted, ob14 ligated, or expended pursuant to paragraph (1)

15 until—

16 (A) the Chief Financial Officer of the Dis17 trict of Columbia submits to the Authority a re18 port setting forth detailed information regard19 ing such grant; and

20 (B) the Authority has reviewed and ap21 proved the acceptance, obligation, and expendi22 ture of such grant in accordance with review

23 and approval procedures consistent with the

24 provisions of the District of Columbia Financial
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1 Responsibility and Management Assistance Act

2 of 1995.

3 (3) PROHIBITION ON SPENDING IN ANTICIPA4 TION OF APPROVAL OR RECEIPT.—No amount may

5 be obligated or expended from the general fund or

6 other funds of the District government in anticipa7 tion of the approval or receipt of a grant under

8 paragraph (2)(B) of this subsection or in anticipa9 tion of the approval or receipt of a Federal, private,

10 or other grant not subject to such paragraph.

11 (4) QUARTERLY REPORTS.—The Chief Finan12 cial Officer of the District of Columbia shall prepare

13 a quarterly report setting forth detailed information

14 regarding all Federal, private, and other grants sub15 ject to this subsection. Each such report shall be

16 submitted to the Council of the District of Columbia,

17 and to the Committees on Appropriations of the

18 House of Representatives and the Senate, not later

19 than 15 days after the end of the quarter covered

20 by the report.

21 (b) REPORT ON EXPENDITURES BY FINANCIAL RE22 SPONSIBILITY AND MANAGEMENT ASSISTANCE AUTHOR23 ITY.—Not later than 20 calendar days after the end of

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

25 shall submit a report to the Committees on Appropriations
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1 of the House of Representatives and the Senate, the Com2 mittee on Government Reform of the House, and the Com3 mittee on Governmental Affairs of the Senate providing

4 an itemized accounting of all non-appropriated funds obli5 gated or expended by the Authority for the quarter. The

6 report shall include information on the date, amount, pur7 pose, and vendor name, and a description of the services

8 or goods provided with respect to the expenditures of such

9 funds.

10 SEC. 127. If a department or agency of the govern11 ment of the District of Columbia is under the administra12 tion of a court-appointed receiver or other court-appointed

13 official during fiscal year 2001 or any succeeding fiscal

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

15 the Mayor, for inclusion in the annual budget of the Dis16 trict of Columbia for the year, annual estimates of the

17 expenditures and appropriations necessary for the mainte18 nance and operation of the department or agency. All such

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

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

21 District of Columbia Home Rule Act, without revision but

22 subject to the Mayor’s recommendations. Notwithstanding

23 any provision of the District of Columbia Home Rule Act

24 (87 Stat. 774; Public Law 93–198), the Council may com25 ment or make recommendations concerning such annual
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1 estimates but shall have no authority under such Act to

2 revise such estimates.

3 SEC. 128. (a) RESTRICTIONS ON USE OF OFFICIAL

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

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

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

7 of the District of Columbia with an official vehicle unless

8 the officer or employee uses the vehicle only in the per9 formance of the officer’s or employee’s official duties. For

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

11 not include travel between the officer’s or employee’s resi12 dence and workplace (except: (1) in the case of an officer

13 or employee of the Metropolitan Police Department who

14 resides in the District of Columbia or is otherwise des15 ignated by the Chief of the Department; (2) at the discre16 tion of the Fire Chief, an officer or employee of the Dis17 trict of Columbia Fire and Emergency Medical Services

18 Department who resides in the District of Columbia and

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

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

21 District of Columbia).

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

23 Officer of the District of Columbia shall submit, by No24 vember 15, 2000, an inventory, as of September 30, 2000,

25 of all vehicles owned, leased or operated by the District
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1 of Columbia government. The inventory shall include, but

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

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

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

5 operating and maintenance costs; current mileage; and

6 whether the vehicle is allowed to be taken home by a Dis7 trict officer or employee and if so, the officer or employee’s

8 title and resident location.

9 SEC. 129. (a) SOURCE OF PAYMENT FOR EMPLOY10 EES DETAILED WITHIN GOVERNMENT.—For purposes of

11 determining the amount of funds expended by any entity

12 within the District of Columbia government during fiscal

13 year 2001 and each succeeding fiscal year, any expendi14 tures of the District government attributable to any officer

15 or employee of the District government who provides serv16 ices which are within the authority and jurisdiction of the

17 entity (including any portion of the compensation paid to

18 the officer or employee attributable to the time spent in

19 providing such services) shall be treated as expenditures

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

21 the officer or employee is assigned to the entity or other22 wise treated as an officer or employee of the entity.

23 (b) MODIFICATION OF REDUCTION IN FORCE PROCE24 DURES.—Section 2408 of the District of Columbia Gov25 ernment Comprehensive Merit Personnel Act of 1978, ef-
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1 fective March 3, 1979 (D.C. Law 2–139; D.C. Code, sec.

2 1–625.7), is amended as follows:

3 (1) Subsection (a) is amended by striking ‘‘Sep4 tember 30, 2000’’ and inserting ‘‘September 30,

5 2000, and each subsequent fiscal year’’.

6 (2) Subsection (b) is amended by striking

7 ‘‘Prior to February 1, 2000’’ and inserting ‘‘Prior to

8 February 1 of each year’’.

9 (3) Subsection (i) is amended by striking

10 ‘‘March 1, 2000’’ and inserting ‘‘March 1 of each

11 year’’.

12 (4) Subsection (k) is amended by striking ‘‘Sep13 tember 1, 2000’’ and inserting ‘‘September 1 of each

14 year’’.

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

16 government (including any independent agency of the Dis17 trict but excluding the District of Columbia Financial Re18 sponsibility and Management Assistance Authority, the

19 Metropolitan Police Department, and the Office of the

20 Chief Technology Officer) may enter into an agreement

21 in excess of $2,500 for the procurement of goods or serv22 ices on behalf of any entity of the District government

23 until the officer or employee has conducted an analysis

24 of how the procurement of the goods and services involved

25 under the applicable regulations and procedures of the
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1 District government would differ from the procurement of

2 the goods and services involved under the Federal supply

3 schedule and other applicable regulations and procedures

4 of the General Services Administration, including an anal5 ysis of any differences in the costs to be incurred and the

6 time required to obtain the goods or services.

7 SEC. 130. Notwithstanding any other provision of

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

9 of Columbia Public Schools (DCPS) student is referred

10 for evaluation or assessment—

11 (1) the District of Columbia Board of Edu12 cation, or its successor, and DCPS shall assess or

13 evaluate a student who may have a disability and

14 who may require special education services; and

15 (2) if a student is classified as having a dis16 ability, as defined in section 101(a)(1) of the Indi17 viduals with Disabilities Education Act (84 Stat.

18 175; 20 U.S.C. 1401(a)(1)) or in section 7(8) of the

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

20 706(8)), the Board and DCPS shall place that stu21 dent in an appropriate program of special education

22 services.

23 SEC. 131. (a) COMPLIANCE WITH BUY AMERICAN

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

25 be expended by an entity unless the entity agrees that in
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1 expending the funds the entity will comply with the Buy

2 American Act (41 U.S.C. 10a–10c).

3 (b) SENSE OF THE CONGRESS; REQUIREMENT RE4 GARDING NOTICE.—

5 (1) PURCHASE OF AMERICAN-MADE EQUIPMENT

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

7 product that may be authorized to be purchased

8 with financial assistance provided using funds made

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

10 that entities receiving the assistance should, in ex11 pending the assistance, purchase only American12 made equipment and products to the greatest extent

13 practicable.

14 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—

15 In providing financial assistance using funds made

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

17 Federal or District of Columbia government shall

18 provide to each recipient of the assistance a notice

19 describing the statement made in paragraph (1) by

20 the Congress.

21 (c) PROHIBITION OF CONTRACTS WITH PERSONS

22 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

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

24 agency that any person intentionally affixed a label bear25 ing a ‘‘Made in America’’ inscription, or any inscription
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1 with the same meaning, to any product sold in or shipped

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

3 States, the person shall be ineligible to receive any con4 tract or subcontract made with funds made available in

5 this Act, pursuant to the debarment, suspension, and ineli6 gibility procedures described in sections 9.400 through

7 9.409 of title 48, Code of Federal Regulations.

8 SEC. 132. None of the funds contained in this Act

9 may be used for purposes of the annual independent audit

10 of the District of Columbia government (including the Dis11 trict of Columbia Financial Responsibility and Manage12 ment Assistance Authority) for fiscal year 2001 unless—

13 (1) the audit is conducted by the Inspector

14 General of the District of Columbia pursuant to sec15 tion 208(a)(4) of the District of Columbia Procure16 ment Practices Act of 1985 (D.C. Code, sec. 1–

17 1182.8(a)(4)); and

18 (2) the audit includes a comparison of audited

19 actual year-end results with the revenues submitted

20 in the budget document for such year and the appro21 priations enacted into law for such year.

22 SEC. 133. None of the funds contained in this Act

23 may be used by the District of Columbia Corporation

24 Counsel or any other officer or entity of the District gov25 ernment to provide assistance for any petition drive or civil
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1 action which seeks to require Congress to provide for vot2 ing representation in Congress for the District of Colum3 bia.

4 SEC. 134. None of the funds contained in this Act

5 may be used to transfer or confine inmates classified above

6 the medium security level, as defined by the Federal Bu7 reau of Prisons classification instrument, to the Northeast

8 Ohio Correctional Center located in Youngstown, Ohio.

9 SEC. 135. Subsection 3(e) of Public Law 104–21

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

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

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

13 Inspector General of the District of Columbia shall audit

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

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

17 Not later than May 31, 2001, and each May 31 thereafter,

18 the Inspector General shall examine the statements fore19 casting the conditions and operations of the Trust Fund

20 for the next 5 fiscal years commencing on the previous

21 October 1 and shall submit to Congress a report on the

22 results of such examination.’’.

23 SEC. 136. No later than November 1, 2000, or within

24 30 calendar days after the date of the enactment of this

25 Act, whichever occurs later, the Chief Financial Officer
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1 of the District of Columbia shall submit to the appropriate

2 committees of Congress, the Mayor, and the District of

3 Columbia Financial Responsibility and Management As4 sistance Authority a revised appropriated funds operating

5 budget in the format of the budget that the District of

6 Columbia government submitted pursuant to section 442

7 of the District of Columbia Home Rule Act (Public Law

8 93–198; D.C. Code, sec. 47–301), for all agencies of the

9 District of Columbia government for such fiscal year that

10 is in the total amount of the approved appropriation and

11 that realigns all budgeted data for personal services and

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

13 actual expenditures.

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

15 Act may be used for any program of distributing sterile

16 needles or syringes for the hypodermic injection of any ille17 gal drug.

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

19 contained in this Act and who carries out any program

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

21 for such program separately from any funds contained in

22 this Act.

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

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

25 of the enactment of this Act, none of the funds contained
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1 in this Act may be used to make rental payments under

2 a lease for the use of real property by the District of Co3 lumbia government (including any independent agency of

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

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

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

7 Mayor for Economic Development, in an indexed registry

8 available for public inspection.

9 (b) ADDITIONAL RESTRICTIONS ON CURRENT

10 LEASES.—

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

12 60-day period that begins on the date of the enact13 ment of this Act, in the case of a lease described in

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

15 Act may be used to make rental payments under the

16 lease unless the lease is included in periodic reports

17 submitted by the Mayor and Council of the District

18 of Columbia to the Committees on Appropriations of

19 the House of Representatives and Senate describing

20 for each such lease the following information:

21 (A) The location of the property involved,

22 the name of the owners of record according to

23 the land records of the District of Columbia,

24 the name of the lessors according to the lease,

25 the rate of payment under the lease, the period
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1 of time covered by the lease, and the conditions

2 under which the lease may be terminated.

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

4 is not occupied by the District of Columbia gov5 ernment as of the end of the reporting period

6 involved.

7 (C) If the property is not occupied and uti8 lized by the District government as of the end

9 of the reporting period involved, a plan for oc10 cupying and utilizing the property (including

11 construction or renovation work) or a status

12 statement regarding any efforts by the District

13 to terminate or renegotiate the lease.

14 (2) TIMING OF REPORTS.—The reports de15 scribed in paragraph (1) shall be submitted for each

16 calendar quarter (beginning with the quarter ending

17 December 31, 2000) not later than 20 days after the

18 end of the quarter involved, plus an initial report

19 submitted not later than 60 days after the date of

20 the enactment of this Act, which shall provide infor21 mation as of the date of the enactment of this Act.

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

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

24 the enactment of this Act for the use of real prop25 erty by the District of Columbia government (includ-
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1 ing any independent agency of the District) which is

2 not being occupied by the District government (in3 cluding any independent agency of the District) as

4 of such date or during the 60-day period which be5 gins on the date of the enactment of this Act.

6 SEC. 139. (a) MANAGEMENT OF EXISTING DISTRICT

7 GOVERNMENT PROPERTY.—Upon the expiration of the

8 60-day period that begins on the date of the enactment

9 of this Act, none of the funds contained in this Act may

10 be used to enter into a lease (or to make rental payments

11 under such a lease) for the use of real property by the

12 District of Columbia government (including any inde13 pendent agency of the District) or to purchase real prop14 erty for the use of the District of Columbia government

15 (including any independent agency of the District) or to

16 manage real property for the use of the District of Colum17 bia (including any independent agency of the District) un18 less the following conditions are met:

19 (1) The Mayor and Council of the District of

20 Columbia certify to the Committees on Appropria21 tions of the House of Representatives and Senate

22 that existing real property available to the District

23 (whether leased or owned by the District govern24 ment) is not suitable for the purposes intended.
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1 (2) Notwithstanding any other provisions of

2 law, there is made available for sale or lease all real

3 property of the District of Columbia that the Mayor

4 from time-to-time determines is surplus to the needs

5 of the District of Columbia, unless a majority of the

6 members of the Council override the Mayor’s deter7 mination during the 30-day period which begins on

8 the date the determination is published.

9 (3) The Mayor and Council implement a pro10 gram for the periodic survey of all District property

11 to determine if it is surplus to the needs of the Dis12 trict.

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

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

15 the Committees on Appropriations of the House of

16 Representatives and Senate, the Committee on Gov17 ernment Reform of the House of Representatives,

18 and the Committee on Governmental Affairs of the

19 Senate a report which provides a comprehensive plan

20 for the management of District of Columbia real

21 property assets, and are proceeding with the imple22 mentation of the plan.

23 (b) TERMINATION OF PROVISIONS.—If the District

24 of Columbia enacts legislation to reform the practices and

25 procedures governing the entering into of leases for the
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1 use of real property by the District of Columbia govern2 ment and the disposition of surplus real property of the

3 District government, the provisions of subsection (a) shall

4 cease to be effective upon the effective date of the legisla5 tion.

6 SEC. 140. None of the funds contained in this Act

7 may be used after the expiration of the 60-day period that

8 begins on the date of the enactment of this Act to pay

9 the salary of any chief financial officer of any office of

10 the District of Columbia government (including the Dis11 trict of Columbia Financial Responsibility and Manage12 ment Assistance Authority and any independent agency of

13 the District) who has not filed a certification with the

14 Mayor and the Chief Financial Officer of the District of

15 Columbia that the officer understands the duties and re16 strictions applicable to the officer and the officer’s agency

17 as a result of this Act (and the amendments made by this

18 Act), including any duty to prepare a report requested ei19 ther in the Act or in any of the reports accompanying the

20 Act and the deadline by which each report must be sub21 mitted, and the District’s Chief Financial Officer shall

22 provide to the Committees on Appropriations of the Sen23 ate and the House of Representatives by the tenth day

24 after the end of each quarter a summary list showing each
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1 report, the due date and the date submitted to the Com2 mittees.

3 SEC. 141. The proposed budget of the government

4 of the District of Columbia for fiscal year 2002 that is

5 submitted by the District to Congress shall specify poten6 tial adjustments that might become necessary in the event

7 that the operational improvements savings, including man8 aged competition, and management reform savings

9 achieved by the District during the year do not meet the

10 level of management savings projected by the District

11 under the proposed budget.

12 SEC. 142. In submitting any document showing the

13 budget for an office of the District of Columbia govern14 ment (including an independent agency of the District)

15 that contains a category of activities labeled as ‘‘other’’,

16 ‘‘miscellaneous’’, or a similar general, nondescriptive term,

17 the document shall include a description of the types of

18 activities covered in the category and a detailed breakdown

19 of the amount allocated for each such activity.

20 SEC. 143. (a) None of the funds contained in this

21 Act may be used to enact or carry out any law, rule, or

22 regulation to legalize or otherwise reduce penalties associ23 ated with the possession, use, or distribution of any sched24 ule I substance under the Controlled Substances Act (21

25 U.S.C. 802) or any tetrahydrocannabinols derivative.
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1 (b) The Legalization of Marijuana for Medical Treat2 ment Initiative of 1998, also known as Initiative 59, ap3 proved by the electors of the District of Columbia on No4 vember 3, 1998, shall not take effect.

5 SEC. 144. Notwithstanding any other provision of

6 law, the Mayor of the District of Columbia is hereby solely

7 authorized to allocate the District’s limitation amount of

8 qualified zone academy bonds (established pursuant to 26

9 U.S.C. 1397E) among qualified zone academies within the

10 District.

11 SEC. 145. (a) Section 11232 of the Balanced Budget

12 Act of 1997 (sec. 24–1232, D.C. Code) is amended—

13 (1) by redesignating subsections (f ) through (i)

14 as subsections (g) through ( j); and

15 (2) by inserting after subsection (e) the fol16 lowing new subsection:

17 ‘‘(f ) TREATMENT AS FEDERAL EMPLOYEES.—

18 ‘‘(1) IN GENERAL.—The Trustee and employees

19 of the Trustee who are not covered under subsection

20 (e) shall be treated as employees of the Federal Gov21 ernment solely for purposes of the following provi22 sions of title 5, United States Code:

23 ‘‘(A) Chapter 83 (relating to retirement).

24 ‘‘(B) Chapter 84 (relating to the Federal

25 Employees’ Retirement System).
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1 ‘‘(C) Chapter 87 (relating to life insur2 ance).

3 ‘‘(D) Chapter 89 (relating to health insur4 ance).

5 ‘‘(2) EFFECTIVE DATES OF COVERAGE.—The

6 effective dates of coverage of the provisions of para7 graph (1) are as follows:

8 ‘‘(A) In the case of the Trustee and em9 ployees of the Office of the Trustee and the Of10 fice of Adult Probation, August 5, 1997, or the

11 date of appointment, whichever is later.

12 ‘‘(B) In the case of employees of the Office

13 of Parole, October 11, 1998, or the date of ap14 pointment, whichever is later.

15 ‘‘(C) In the case of employees of the Pre16 trial Services Agency, January 3, 1999, or the

17 date of appointment, whichever is later.

18 ‘‘(3) RATE OF CONTRIBUTIONS.—The Trustee

19 shall make contributions under the provisions re20 ferred to in paragraph (1) at the same rates applica21 ble to agencies of the Federal Government.

22 ‘‘(4) REGULATIONS.—The Office of Personnel

23 Management shall issue such regulations as are nec24 essary to carry out this subsection.’’.
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1 (b) The amendment made by subsection (a) shall take

2 effect as if included in the enactment of title XI of the

3 Balanced Budget Act of 1997.

4 SEC. 146. It is the sense of the Congress that the

5 District of Columbia Financial Responsibility and Man6 agement Assistance Authority should quickly complete the

7 sale of the Franklin School property, a property which has

8 been vacant for over 20 years.

9 SEC. 147. Nothing in this Act may be construed to

10 prevent the Council or Mayor of the District of Columbia

11 from addressing the issue of the provision of contraceptive

12 coverage by health insurance plans, but it is the intent

13 of Congress that any legislation enacted on such issue

14 should include a ‘‘conscience clause’’ which provides excep15 tions for religious beliefs and moral convictions.

16 SEC. 148. (a) Chapter 23 of title 11, District of Co17 lumbia, is hereby repealed.

18 (b) The table of chapters for title 11, District of Co19 lumbia, is amended by striking the item relating to chap20 ter 23.

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

22 effect on the date on which legislation enacted by the

23 Council of the District of Columbia to establish the Office

24 of the Chief Medical Examiner in the executive branch of

25 the government of the District of Columbia takes effect.
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1 PROMPT PAYMENT OF APPOINTED COUNSEL

2 SEC. 149. (a) ASSESSMENT OF INTEREST FOR DE3 LAYED PAYMENTS.—If the Superior Court of the District

4 of Columbia or the District of Columbia Court of Appeals

5 does not make a payment described in subsection (b) prior

6 to the expiration of the 45-day period which begins on the

7 date the Court receives a completed voucher for a claim

8 for the payment, interest shall be assessed against the

9 amount of the payment which would otherwise be made

10 to take into account the period which begins on the day

11 after the expiration of such 45-day period and which ends

12 on the day the Court makes the payment.

13 (b) PAYMENTS DESCRIBED.—A payment described in

14 this subsection is—

15 (1) a payment authorized under section 11–

16 2604 and section 11–2605, D.C. Code (relating to

17 representation provided under the District of Colum18 bia Criminal Justice Act);

19 (2) a payment for counsel appointed in pro20 ceedings in the Family Division of the Superior

21 Court of the District of Columbia under chapter 23

22 of title 16, D.C. Code; or

23 (3) a payment for counsel authorized under sec24 tion 21–2060, D.C. Code (relating to representation

25 provided under the District of Columbia Guardian-
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1 ship, Protective Proceedings, and Durable Power of

2 Attorney Act of 1986).

3 (c) STANDARDS FOR SUBMISSION OF COMPLETED

4 VOUCHERS.—The chief judges of the Superior Court of

5 the District of Columbia and the District of Columbia

6 Court of Appeals shall establish standards and criteria for

7 determining whether vouchers submitted for claims for

8 payments described in subsection (b) are complete, and

9 shall publish and make such standards and criteria avail10 able to attorneys who practice before such Courts.

11 (d) RULE OF CONSTRUCTION.—Nothing in this sec12 tion shall be construed to require the assessment of inter13 est against any claim (or portion of any claim) which is

14 denied by the Court involved.

15 (e) EFFECTIVE DATE.—This section shall apply with

16 respect to claims received by the Superior Court of the

17 District of Columbia or the District of Columbia Court

18 of Appeals after the expiration of the 90-day period which

19 begins on the date of the enactment of this Act.

20 SEC. 150. (a) Effective 120 days after the date of

21 the enactment of this Act, it shall be unlawful for any

22 person to distribute any needle or syringe for the hypo23 dermic injection of any illegal drug in any area of the Dis24 trict of Columbia which is within 1,000 feet of a public

25 or private elementary or secondary school (including a
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1 public charter school). It is stipulated that based on a sur2 vey by the Metropolitan Police Department of the District

3 of Columbia that sites at 4th Street Northeast and Rhode

4 Island Avenue Northeast, Southern Avenue Southeast and

5 Central Avenue Southeast, 1st Street Southeast and M

6 Street Southeast, 21st Street Northeast and H Street

7 Northeast, Minnesota Avenue Northeast and Clay Place

8 Northeast, and 15th Street Southeast and Ives Street

9 Southeast are outside the 1,000-foot perimeter. Sites at

10 North Capitol Street and New York Avenue Northeast,

11 Division Avenue Northeast and Foote Street Northeast,

12 Georgia Avenue Northwest and New Hampshire Avenue

13 Northwest, and 15th Street Northeast and A Street

14 Northeast are found to be within the 1,000-foot perimeter.

15 (b) The Public Housing Police of the District of Co16 lumbia Housing Authority shall prepare a monthly report

17 on activity involving illegal drugs at or near any public

18 housing site where a needle exchange program is con19 ducted, and shall submit such reports to the Executive Di20 rector of the District of Columbia Housing Authority, who

21 shall submit them to the Committees on Appropriations

22 of the House of Representatives and Senate. The Execu23 tive Director shall ascertain any concerns of the residents

24 of any public housing site about any needle exchange pro25 gram conducted on or near the site, and this information
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1 shall be included in these reports. The District of Colum2 bia Government shall take appropriate action to require

3 relocation of any such program if so recommended by the

4 police or by a significant number of residents of such site.

5 FEDERAL CONTRIBUTION FOR ENFORCEMENT OF LAW

6 BANNING POSSESSION OF TOBACCO PRODUCTS BY

7 MINORS

8 SEC. 151. (a) CONTRIBUTION.—There is hereby ap9 propriated a Federal contribution of $100,000 to the Met10 ropolitan Police Department of the District of Columbia,

11 effective upon the enactment by the District of Columbia

12 of a law which reads as follows:

13 ‘‘SECTION 1. BAN ON POSSESSION OF TOBACCO PRODUCTS

14 BY MINORS.

15 ‘‘(a) IN GENERAL.—It shall be unlawful for any indi16 vidual under 18 years of age to possess any cigarette or

17 other tobacco product in the District of Columbia.

18 ‘‘(b) EXCEPTIONS.—

19 ‘‘(1) POSSESSION IN COURSE OF EMPLOY20 MENT.—Subsection (a) shall not apply with respect

21 to an individual making a delivery of cigarettes or

22 tobacco products in pursuance of employment.

23 ‘‘(2) PARTICIPATION IN LAW ENFORCEMENT

24 OPERATION.—Subsection (a) shall not apply with re25 spect to an individual possessing products in the
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1 course of a valid, supervised law enforcement oper2 ation.

3 ‘‘(c) PENALTIES.—Any individual who violates sub4 section (a) shall be subject to the following penalties:

5 ‘‘(1) For any violation, the individual may be

6 required to perform community service or attend a

7 tobacco cessation program.

8 ‘‘(2) Upon the first violation, the individual

9 shall be subject to a civil penalty not to exceed $50.

10 ‘‘(3) Upon the second and each subsequent vio11 lation, the individual shall be subject to a civil pen12 alty not to exceed $100.

13 ‘‘(4) Upon the third and each subsequent viola14 tion, the individual may have his or her driving

15 privileges in the District of Columbia suspended for

16 a period of 90 consecutive days.’’.

17 (b) USE OF CONTRIBUTION.—The Metropolitan Po18 lice Department shall use the contribution made under

19 subsection (a) to enforce the law referred to in such sub20 section.

21 SEC. 152. Nothing in this Act bars the District of

22 Columbia Corporation Counsel from reviewing or com23 menting on briefs in private lawsuits, or from consulting

24 with officials of the District government regarding such

25 lawsuits.
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1 SEC. 153. (a) Nothing in the Federal Grant and Co2 operative Agreements Act of 1977 (31 U.S.C. 6301 et

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

4 the Environmental Protection Agency from negotiating

5 and entering into cooperative agreements and grants au6 thorized by law which affect real property of the Federal

7 Government in the District of Columbia if the principal

8 purpose of the cooperative agreement or grant is to pro9 vide comparable benefits for Federal and non-Federal

10 properties in the District of Columbia.

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

12 year 2001 and each succeeding fiscal year.

13 SEC. 154. (a) IN GENERAL.—The District of Colum14 bia Home Rule Act, as amended by section 159(a) of this

15 Act, is further amended by inserting after section 450A

16 the following new section:

17 ‘‘COMPREHENSIVE FINANCIAL MANAGEMENT POLICY

18 ‘‘SEC. 450B. (a) COMPREHENSIVE FINANCIAL MAN19 AGEMENT POLICY.—The District of Columbia shall con20 duct its financial management in accordance with a com21 prehensive financial management policy.

22 ‘‘(b) CONTENTS OF POLICY.—The comprehensive fi23 nancial management policy shall include, but not be lim24 ited to, the following:

25 ‘‘(1) A cash management policy.

26 ‘‘(2) A debt management policy.
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1 ‘‘(3) A financial asset management policy.

2 ‘‘(4) An emergency reserve management policy

3 in accordance with section 450A(a).

4 ‘‘(5) A contingency reserve management policy

5 in accordance with section 450A(b).

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

7 exemptions for the District of Columbia.

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

9 management policy shall be reviewed at the end of each

10 fiscal year by the Chief Financial Officer who shall—

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

12 any proposed changes in the policy to the Mayor and

13 (in the case of a fiscal year which is a control year,

14 as defined in section 305(4) of the District of Co15 lumbia Financial Responsibility and Management

16 Assistance Act of 1995) the District of Columbia Fi17 nancial Responsibility and Management Assistance

18 Authority (Authority) for review;

19 ‘‘(2) not later than August 1 of each year, after

20 consideration of any comments received under para21 graph (1), submit the changes to the Council of the

22 District of Columbia (Council) for approval; and

23 ‘‘(3) not later than September 1 of each year,

24 notify the Committees on Appropriations of the Sen25 ate and House of Representatives, the Committee on
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1 Government Reform of the House of Representa2 tives, and the Committee on Governmental Affairs of

3 the Senate of any changes enacted by the Council.

4 ‘‘(d) PROCEDURE FOR DEVELOPMENT OF FIRST

5 COMPREHENSIVE FINANCIAL MANAGEMENT POLICY.—

6 ‘‘(1) CHIEF FINANCIAL OFFICER.—Not later

7 than April 1, 2001, the Chief Financial Officer shall

8 submit to the Mayor an initial proposed comprehen9 sive financial management policy for the District of

10 Columbia pursuant to this section.

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

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

13 Financial Officer shall submit the proposed financial

14 management policy to the Council for its prompt re15 view and adoption.

16 ‘‘(3) AUTHORITY.—Upon adoption of the finan17 cial management policy under paragraph (2), the

18 Council shall immediately submit the policy to the

19 Authority for a review of not to exceed 30 days.

20 ‘‘(4) CONGRESS.—Following review of the fi21 nancial management policy by the Authority under

22 paragraph (3), the Authority shall submit the policy

23 to the Committees on Appropriations of the Senate

24 and House of Representatives, the Committee on

25 Government Reform of the House of Representa-
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1 tives, and the Committee on Governmental Affairs of

2 the Senate for review, and the policy shall take ef3 fect 30 days after the date the policy is submitted

4 under this paragraph.’’.

5 (b) CLERICAL AMENDMENT.—The table of contents

6 for the District of Columbia Home Rule Act is amended

7 by inserting after the item relating to section 450A the

8 following new item:

‘‘Sec. 450B. Comprehensive financial management policy.’’.

9 (c) EFFECTIVE DATE.—This section and the amend10 ments made by this section shall take effect on October

11 1, 2000.

12 APPOINTMENT AND DUTIES OF CHIEF FINANCIAL

13 OFFICER

14 SEC. 155. (a) APPOINTMENT AND DISMISSAL.—Sec15 tion 424(b) of the District of Columbia Home Rule Act

16 (sec. 47–317.2, D.C. Code) is amended—

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

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

19 the name of the Chief Financial Officer shall be sub20 mitted to the Committees on Appropriations of the

21 Senate and House of Representatives, the Com22 mittee on Governmental Affairs of the Senate, and

23 the Committee on Government Reform of the House

24 of Representatives for a 30-day period of review and

25 comment before the appointment takes effect.’’; and
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1 (2) in paragraph (2)(B), by striking the period

2 at the end and inserting the following: ‘‘upon dis3 missal by the Mayor and approval of that dismissal

by a 2 4 ⁄3 vote of the Council. Upon approval of the

5 dismissal by the Council, notice of the dismissal

6 shall be submitted to the Committees on Appropria7 tions of the Senate and House of Representatives,

8 the Committee on Governmental Affairs of the Sen9 ate, and the Committee on Government Reform of

10 the House of Representatives for a 30-day period of

11 review and comment before the dismissal takes ef12 fect.’’.

13 (b) FUNCTIONS.—

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

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

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

17 CONTROL YEAR’’;

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

19 by striking ‘‘During a control year, the Chief

20 Financial Officer’’ and inserting ‘‘The Chief Fi21 nancial Officer’’;

22 (C) in paragraph (1), by striking ‘‘Pre23 paring’’ and inserting ‘‘During a control year,

24 preparing’’;
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1 (D) in paragraph (3), by striking ‘‘Assur2 ing’’ and inserting ‘‘During a control year, as3 suring’’;

4 (E) in paragraph (5), by striking ‘‘With

5 the approval’’ and all that follows through ‘‘the

6 Council—’’ and inserting ‘‘Preparing and sub7 mitting to the Mayor and the

8 Council, with the approval of the Authority dur9 ing a control year—’’;

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

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

12 during a control year)’’; and

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

14 paragraphs:

15 ‘‘(18) Exercising responsibility for the adminis16 tration and supervision of the District of Columbia

17 Treasurer (except that the Chief Financial Officer

18 may delegate any portion of such responsibility as

19 the Chief Financial Officer considers appropriate

20 and consistent with efficiency).

21 ‘‘(19) Administering all borrowing programs of

22 the District government for the issuance of long23 term and short-term indebtedness.

24 ‘‘(20) Administering the cash management pro25 gram of the District government, including the in-
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1 vestment of surplus funds in governmental and non2 governmental interest-bearing securities and ac3 counts.

4 ‘‘(21) Administering the centralized District

5 government payroll and retirement systems.

6 ‘‘(22) Governing the accounting policies and

7 systems applicable to the District government.

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

9 and monthly financial reports of the accounting and

10 financial operations of the District government.

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

12 each fiscal year, preparing the complete financial

13 statement and report on the activities of the District

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

15 Mayor under section 448(a)(4).’’.

16 (2) CONFORMING AMENDMENTS.—Section 424

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

18 amended—

19 (A) by striking subsection (d);

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

21 subsection (d)’’; and

22 (C) by redesignating subsections (e) and

23 (f ) as subsections (d) and (e), respectively.

24 SEC. 156. (a) Notwithstanding the provisions of the

25 District of Columbia Government Comprehensive Merit
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1 Personnel Act of 1978 (D.C. Law 2–139; D.C. Code 1–

2 601.1 et seq.), or any other District of Columbia law, stat3 ute, regulation, the provisions of the District of Columbia

4 Personnel Manual, or the provisions of any collective bar5 gaining agreement, employees of the District of Columbia

6 government will only receive compensation for overtime

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

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

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

10 U.S.C. § 201 et seq.

11 (b) Subsection (a) of this section shall be effective

12 December 27, 1996. The Resolution and Order of the

13 District of Columbia Financial Responsibility and Man14 agement Assistance Authority, dated December 27, 1996,

15 is hereby ratified and approved and shall be given full

16 force and effect.

17 SEC. 157. (a) IN GENERAL.—Notwithstanding sec18 tion 503 of Public Law 100–71 and as provided in sub19 section (b), the Court Services and Offender Supervision

20 Agency for the District of Columbia (in this section re21 ferred to as the ‘‘agency’’) may implement and administer

22 the Drug Free Workplace Program of the agency, dated

23 July 28, 2000, for employment applicants of the agency.

24 (b) EFFECTIVE PERIOD.—The waiver provided by

25 subsection (a) shall—
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1 (1) take effect on enactment; and

2 (2) terminate on the date the Department of

3 Health and Human Services approves the drug pro4 gram of the agency pursuant to section 503 of Pub5 lic Law 100–71 or 12 months after the date referred

6 to in paragraph (1), whichever is later.

7 SEC. 158. Commencing October 1, 2000, the Mayor

8 of the District of Columbia shall submit to the Senate and

9 House Committees on Appropriations, the Senate Govern10 mental Affairs Committee, and the House Government

11 Reform Committee quarterly reports addressing the fol12 lowing issues: (1) crime, including the homicide rate, im13 plementation of community policing, the number of police

14 officers on local beats, and the closing down of open-air

15 drug markets; (2) access to drug abuse treatment, includ16 ing the number of treatment slots, the number of people

17 served, the number of people on waiting lists, and the ef18 fectiveness of treatment programs; (3) management of pa19 rolees and pre-trial violent offenders, including the num20 ber of halfway house escapes and steps taken to improve

21 monitoring and supervision of halfway house residents to

22 reduce the number of escapes to be provided in consulta23 tion with the Court Services and Offender Supervision

24 Agency; (4) education, including access to special edu25 cation services and student achievement to be provided in
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1 consultation with the District of Columbia Public Schools;

2 (5) improvement in basic District services, including rat

3 control and abatement; (6) application for and manage4 ment of Federal grants, including the number and type

5 of grants for which the District was eligible but failed to

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

7 District but which the District failed to spend the amounts

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

9 RESERVE FUNDS

10 SEC. 159. (a) ESTABLISHMENT OF RESERVE

11 FUNDS.—

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

13 Home Rule Act is amended by inserting after sec14 tion 450 the following new section:

15 ‘‘RESERVE FUNDS

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

17 ‘‘(1) IN GENERAL.—There is established an

18 emergency cash reserve fund (in this subsection re19 ferred to as the ‘emergency reserve fund’) as an in20 terest-bearing account (separate from other accounts

21 in the General Fund) into which the Mayor shall de22 posit in cash not later than February 15 of each fis23 cal year (or not later than October 1, 2000, in the

24 case of fiscal year 2001) such amount as may be re25 quired to maintain a balance in the fund of at least

26 4 percent of the total budget appropriated for oper-
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1 ating expenditures for such fiscal year which is de2 rived from local funds (or, in the case of fiscal years

3 prior to fiscal year 2004, such amount as may be re4 quired to maintain a balance in the fund of at least

5 the minimum emergency reserve balance for such

6 fiscal year, as determined under paragraph (2)).

7 ‘‘(2) DETERMINATION OF MINIMUM EMER8 GENCY RESERVE BALANCE.—

9 ‘‘(A) IN GENERAL.—The ‘minimum emer10 gency reserve balance’ with respect to a fiscal

11 year is the amount equal to the applicable per12 centage of the total budget appropriated for op13 erating expenditures for such fiscal year which

14 is derived from local funds.

15 ‘‘(B) APPLICABLE PERCENTAGE DE16 FINED.—In subparagraph (A), the ‘applicable

17 percentage’ with respect to a fiscal year means

18 the following:

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

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

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

22 ‘‘(3) INTEREST.—Interest earned on the emer23 gency reserve fund shall remain in the account and

24 shall only be withdrawn in accordance with para25 graph (4).
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1 ‘‘(4) CRITERIA FOR USE OF AMOUNTS IN EMER2 GENCY RESERVE FUND.—The Chief Financial Offi3 cer, in consultation with the Mayor, shall develop a

4 policy to govern the emergency reserve fund which

5 shall include (but which may not be limited to) the

6 following requirements:

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

8 used to provide for unanticipated and non9 recurring extraordinary needs of an emergency

10 nature, including a natural disaster or calamity

11 as defined by section 102 of the Robert T. Staf12 ford Disaster Relief and Emergency Assistance

13 Act (Public Law 100–707) or unexpected obli14 gations by Federal law.

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

16 be used in the event of a State of Emergency

17 as declared by the Mayor pursuant to section 5

18 of the District of Columbia Public Emergency

19 Act of 1980 (sec. 6–1504, D.C. Code).

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

21 be used to fund—

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

23 of the Government of the District of Co24 lumbia which is administered by a receiver

25 or other official appointed by a court;
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1 ‘‘(ii) shortfalls in any projected reduc2 tions which are included in the budget pro3 posed by the District of Columbia for the

4 fiscal year; or

5 ‘‘(iii) settlements and judgments made

6 by or against the Government of the Dis7 trict of Columbia.

8 ‘‘(5) ALLOCATION OF EMERGENCY CASH RE9 SERVE FUNDS.—Funds may be allocated from the

10 emergency reserve fund only after—

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

12 Chief Financial Officer of the availability of

13 other sources of funding to carry out the pur14 poses of the allocation and the impact of such

15 allocation on the balance and integrity of the

16 emergency reserve fund; and

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

18 with fiscal year 2005, the contingency reserve

19 fund established by subsection (b) has been pro20 jected by the Chief Financial Officer to be ex21 hausted at the time of the allocation.

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

23 the case of a fiscal year which is a control year, as

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

25 Financial Responsibility and Management Assistance
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1 Act of 1995) the District of Columbia Financial Re2 sponsibility and Management Assistance Authority

3 shall notify the Committees on Appropriations of the

4 Senate and House of Representatives in writing not

5 more than 30 days after the expenditure of funds

6 from the emergency reserve fund.

7 ‘‘(7) REPLENISHMENT.—The District of Co8 lumbia shall appropriate sufficient funds each fiscal

9 year in the budget process to replenish any amounts

10 allocated from the emergency reserve fund during

11 the preceding fiscal year by the following fiscal year.

12 Once the emergency reserve equals 4 percent of total

13 budget appropriated from local funds for operating

14 expenditures for the fiscal year, the District of Co15 lumbia shall appropriate sufficient funds each fiscal

16 year in the budget process to replenish any amounts

17 allocated from the emergency reserve fund during

18 the preceding year to maintain a balance of at least

19 4 percent of total funds appropriated from local

20 funds for operating expenditures by the following fis21 cal year.

22 ‘‘(b) CONTINGENCY RESERVE FUND.—

23 ‘‘(1) IN GENERAL.—There is established a con24 tingency cash reserve fund (in this subsection re25 ferred to as the ‘contingency reserve fund’) as an in-
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1 terest-bearing account (separate from other accounts

2 in the General Fund) into which the Mayor shall de3 posit in cash not later than October 1 of each fiscal

4 year (beginning with fiscal year 2005) such amount

5 as may be required to maintain a balance in the

6 fund of at least 3 percent of the total budget appro7 priated for operating expenditures for such fiscal

8 year which is derived from local funds (or, in the

9 case of fiscal years prior to fiscal year 2007, such

10 amount as may be required to maintain a balance in

11 the fund of at least the minimum contingency re12 serve balance for such fiscal year, as determined

13 under paragraph (2)).

14 ‘‘(2) DETERMINATION OF MINIMUM CONTIN15 GENCY RESERVE BALANCE.—

16 ‘‘(A) IN GENERAL.—The ‘minimum contin17 gency reserve balance’ with respect to a fiscal

18 year is the amount equal to the applicable per19 centage of the total budget appropriated from

20 local funds for operating expenditures for such

21 fiscal year which is derived from local funds.

22 ‘‘(B) APPLICABLE PERCENTAGE DE23 FINED.—In subparagraph (A), the ‘applicable

24 percentage’ with respect to a fiscal year means

25 the following:
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1 ‘‘(i) For fiscal year 2005, 1 percent.

2 ‘‘(ii) For fiscal year 2006, 2 percent.

3 ‘‘(3) INTEREST.—Interest earned on the contin4 gency reserve fund shall remain in the account and

5 may only be withdrawn in accordance with para6 graph (4).

7 ‘‘(4) CRITERIA FOR USE OF AMOUNTS IN CON8 TINGENCY RESERVE FUND.—The Chief Financial

9 Officer, in consultation with the Mayor, shall develop

10 a policy governing the use of the contingency reserve

11 fund which shall include (but which may not be lim12 ited to) the following requirements:

13 ‘‘(A) The contingency reserve fund may

14 only be used to provide for nonrecurring or un15 foreseen needs that arise during the fiscal year,

16 including expenses associated with unforeseen

17 weather or other natural disasters, unexpected

18 obligations created by Federal law or new pub19 lic safety or health needs or requirements that

20 have been identified after the budget process

21 has occurred, or opportunities to achieve cost

22 savings.

23 ‘‘(B) The contingency reserve fund may be

24 used, if needed, to cover revenue shortfalls ex25 perienced by the District government for 3 con-
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1 secutive months (based on a 2 month rolling av2 erage) that are 5 percent or more below the

3 budget forecast.

4 ‘‘(C) The contingency reserve fund may

5 not be used to fund any shortfalls in any pro6 jected reductions which are included in the

7 budget proposed by the District of Columbia for

8 the fiscal year.

9 ‘‘(5) ALLOCATION OF CONTINGENCY CASH RE10 SERVE.—Funds may be allocated from the contin11 gency reserve fund only after an analysis has been

12 prepared by the Chief Financial Officer of the avail13 ability of other sources of funding to carry out the

14 purposes of the allocation and the impact of such al15 location on the balance and integrity of the contin16 gency reserve fund.

17 ‘‘(6) REPLENISHMENT.—The District of Co18 lumbia shall appropriate sufficient funds each fiscal

19 year in the budget process to replenish any amounts

20 allocated from the contingency reserve fund during

21 the preceding fiscal year by the following fiscal year.

22 Once the contingency reserve equals 3 percent of

23 total funds appropriated from local funds for oper24 ating expenditures, the District of Columbia shall

25 appropriate sufficient funds each fiscal year in the
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1 budget process to replenish any amounts allocated

2 from the contingency reserve fund during the pre3 ceding year to maintain a balance of at least 3 per4 cent of total funds appropriated from local funds for

5 operating expenditures by the following fiscal year.

6 ‘‘(c) QUARTERLY REPORTS.—The Chief Financial

7 Officer shall submit a quarterly report to the Mayor, the

8 Council, the District of Columbia Financial Responsibility

9 and Management Assistance Authority (in the case of a

10 fiscal year which is a control year, as defined in section

11 305(4) of the District of Columbia Financial Responsi12 bility and Management Assistance Act of 1995), and the

13 Committees on Appropriations of the Senate and House

14 of Representatives that includes a monthly statement on

15 the balance and activities of the contingency and emer16 gency reserve funds.’’.

17 (2) CLERICAL AMENDMENT.—The table of con18 tents for the District of Columbia Home Rule Act is

19 amended by inserting after the item relating to sec20 tion 450 the following new item:

‘‘Sec. 450A. Reserve funds.’’.

21 (b) CONFORMING AMENDMENTS.—

22 (1) CURRENT RESERVE FUND.—Section 202( j)

23 of the District of Columbia Financial Responsibility

24 and Management Assistance Act of 1995 (sec. 47–

25 392.2( j), D.C. Code) is amended—
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1 (A) in paragraph (1), by striking ‘‘Begin2 ning with fiscal year 2000, the plan or budget

3 submitted pursuant to this Act’’ and inserting

4 ‘‘For each of the fiscal years 2000 through

5 2004, the budget of the District government for

6 the fiscal year’’; and

7 (B) by adding at the end the following new

8 paragraph:

9 ‘‘(4) REPLENISHMENT.—Any amount of the re10 serve funds which is expended in one fiscal year

11 shall be replenished in the reserve funds from the

12 following fiscal year appropriations to maintain the

13 $150,000,000 balance.’’.

14 (2) POSITIVE FUND BALANCE.—Section 202(k)

15 of such Act (sec. 47–392.2(k), D.C. Code) is re16 pealed.

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

19 1, 2000.

20 TREATMENT OF REVENUE BONDS SECURED BY TOBACCO

21 SETTLEMENT PAYMENTS

22 SEC. 160. (a) PERMITTING COUNCIL TO DELEGATE

23 AUTHORITY TO ISSUE BONDS.—

24 (1) IN GENERAL.—Section 490 of the District

25 of Columbia Home Rule Act (sec. 47–334, D.C.

26 Code) is amended—
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1 (A) by redesignating subsections (i)

2 through (m) as subsections ( j) through (n), re3 spectively; and

4 (B) by inserting after subsection (h) the

5 following new subsection:

6 ‘‘(i)(1) The Council may delegate to the District of

7 Columbia Tobacco Settlement Financing Corporation

8 (hereafter in this subsection referred to as the ‘‘Corpora9 tion’’) established pursuant to the Tobacco Settlement Fi10 nancing Act of 2000 the authority of the Council under

11 subsection (a) to issue revenue bonds, notes, and other ob12 ligations which are used to borrow money to finance or

13 assist in the financing or refinancing of capital projects

14 and other undertakings of the District of Columbia and

15 which are payable solely from and secured by payments

16 under the Master Tobacco Settlement Agreement. The

17 Corporation may exercise authority delegated to it by the

18 Council as described in the first sentence of this para19 graph (whether such delegation is made before or after

20 the date of the enactment of this subsection) only in ac21 cordance with this subsection and the provisions of the

22 Tobacco Settlement Financing Act of 2000.

23 ‘‘(2) Revenue bonds, notes, and other obligations

24 issued by the Corporation under a delegation of authority

25 described in paragraph (1) shall be issued by resolution
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1 of the Corporation, and any such resolution shall not be

2 considered to be an act of the Council.

3 ‘‘(3) The fourth sentence of section 446 shall not

4 apply to—

5 ‘‘(A) any amount (including the amount of any

6 accrued interest or premium) obligated or expended

7 from the proceeds of the sale of any revenue bond,

8 note, or other obligation issued pursuant to this sub9 section;

10 ‘‘(B) any amount obligated or expended for the

11 payment of the principal of, interest on, or any pre12 mium for any revenue bond, note, or other obligation

13 issued pursuant to this subsection;

14 ‘‘(C) any amount obligated or expended to se15 cure any revenue bond, note, or other obligation

16 issued pursuant to this subsection; or

17 ‘‘(D) any amount obligated or expended for re18 pair, maintenance, and capital improvements to fa19 cilities financed pursuant to this subsection.

20 ‘‘(4) In this subsection, the term ‘Master Tobacco

21 Settlement Agreement’ means the settlement agreement

22 (and related documents), as may be amended from time

23 to time, entered into on November 23, 1998, by the Dis24 trict of Columbia and leading United States tobacco prod25 uct manufacturers.’’.
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1 (2) CONFORMING AMENDMENT.—The fourth

2 sentence of section 446 of such Act (sec. 47–304,

3 D.C. Code) is amended by striking ‘‘and (h)(3)’’ and

4 inserting ‘‘(h)(3), and (i)(3)’’.

5 (b) WAIVER OF CONGRESSIONAL REVIEW PERIOD

6 FOR TOBACCO SETTLEMENT FINANCING ACT.—Notwith7 standing section 602(c)(1) of the District of Columbia

8 Home Rule Act (sec. 1–233(c)(1), D.C. Code), the To9 bacco Settlement Financing Act of 2000 (title XXXVII

10 of D.C. Act 13–375, as amended by section 8(e) of D.C.

11 Act 13–387) shall take effect on the date of the enactment

12 of such Act or the date of the enactment of this Act,

13 whichever is later.

14 SEC. 161. Section 603(e) of the Student Loan Mar15 keting Association Reorganization Act of 1996 (Public

16 Law 104–208; 110 Stat. 3009–293), as amended by sec17 tion 153 of the District of Columbia Appropriations Act,

18 2000, is amended—

19 (1) by amending the second sentence of para20 graph (2)(B) to read as follows: ‘‘Of such amounts

21 and proceeds, $5,000,000 shall be set aside for a

22 credit enhancement fund for public charter schools

23 in the District of Columbia, to be administered and

24 disbursed in accordance with paragraph (3).’’; and
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1 (2) by adding at the end the following new

2 paragraph:

3 ‘‘(3) CREDIT ENHANCEMENT FUND FOR PUBLIC

4 CHARTER SCHOOLS.—

5 ‘‘(A) DISTRIBUTION OF AMOUNTS.—Of the

6 amounts in the credit enhancement fund estab7 lished under paragraph (2)(B)—

8 ‘‘(i) 50 percent shall be used to make

9 grants under subparagraph (B); and

10 ‘‘(ii) 50 percent shall be used to make

11 grants under subparagraph (C).

12 ‘‘(B) GRANTS TO ELIGIBLE NONPROFIT

13 CORPORATIONS.—

14 ‘‘(i) IN GENERAL.—Using the

15 amounts described in subparagraph (A)(i),

16 not later than 1 year after the date of the

17 enactment of the District of Columbia Ap18 propriations Act, 2001, the Mayor of the

19 District of Columbia shall make and dis20 burse grants to eligible nonprofit corpora21 tions to carry out the purposes described

22 in subparagraph (E).

23 ‘‘(ii) ADMINISTRATION.—The Mayor

24 shall administer the program of grants

25 under this subparagraph, except that if the
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1 committee described in subparagraph

2 (C)(iii) is in operation and is fully func3 tional prior to the date the Mayor makes

4 the grants, the Mayor may delegate the ad5 ministration of the program to the com6 mittee.

7 ‘‘(C) OTHER GRANTS.—

8 ‘‘(i) IN GENERAL.—Using the

9 amounts described in subparagraph (A)(ii),

10 the Mayor of the District of Columbia shall

11 make grants to entities to carry out the

12 purposes described in subparagraph (E).

13 ‘‘(ii) PARTICIPATION OF SCHOOLS.—A

14 public charter school in the District of Co15 lumbia may receive a grant under this sub16 paragraph to carry out the purposes de17 scribed in subparagraph (E) in the same

18 manner as other entities receiving grants

19 to carry out such activities.

20 ‘‘(iii) ADMINISTRATION THROUGH

21 COMMITTEE.—The Mayor shall carry out

22 this subparagraph through the committee

23 appointed by the Mayor under the second

24 sentence of paragraph (2)(B) (as in effect

25 prior to the enactment of the District of
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1 Columbia Appropriations Act, 2001). The

2 committee may enter into an agreement

3 with a third party to carry out its respon4 sibilities under this subparagraph.

5 ‘‘(iv) CAP ON ADMINISTRATIVE

6 COSTS.—Not more than 10 percent of the

7 funds available for grants under this sub8 paragraph may be used to cover the ad9 ministrative costs of making grants under

10 this subparagraph.

11 ‘‘(D) SPECIAL RULE REGARDING ELIGI12 BILITY OF NONPROFIT CORPORATIONS.—In

13 order to be eligible to receive a grant under this

14 paragraph, a nonprofit corporation must pro15 vide appropriate certification to the Mayor or to

16 the committee described in subparagraph

17 (C)(iii) (as the case may be) that it is duly au18 thorized by two or more public charter schools

19 in the District of Columbia to act on their be20 half in obtaining financing (or in assisting them

21 in obtaining financing) to cover the costs of ac22 tivities described in subparagraph (E)(i).

23 ‘‘(E) PURPOSES OF GRANTS.—

24 ‘‘(i) IN GENERAL.—The recipient of a

25 grant under this paragraph shall use the
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1 funds provided under the grant to carry

2 out activities to assist public charter

3 schools in the District of Columbia in—

4 ‘‘(I) obtaining financing to ac5 quire interests in real property (in6 cluding by purchase, lease, or dona7 tion), including financing to cover

8 planning, development, and other inci9 dental costs;

10 ‘‘(II) obtaining financing for con11 struction of facilities or the renova12 tion, repair, or alteration of existing

13 property or facilities (including the

14 purchase or replacement of fixtures

15 and equipment), including financing

16 to cover planning, development, and

17 other incidental costs; and

18 ‘‘(III) enhancing the availability

19 of loans (including mortgages) and

20 bonds.

21 ‘‘(ii) NO DIRECT FUNDING FOR

22 SCHOOLS.—Funds provided under a grant

23 under this subparagraph may not be used

24 by a recipient to make direct loans or

25 grants to public charter schools.’’.
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1 SEC. 162. (a) EXCLUSIVE AUTHORITY OF MAYOR.—

2 Notwithstanding section 451 of the District of Columbia

3 Home Rule Act or any other provision of District of Co4 lumbia or Federal law to the contrary, the Mayor of the

5 District of Columbia shall have the exclusive authority to

6 approve and execute leases of the Washington Marina and

7 the Washington municipal fish wharf with the existing les8 sees thereof for an initial term of 30 years, together with

9 such other terms and conditions (including renewal op10 tions) as the Mayor deems appropriate.

11 (b) DEFINITIONS.—In this section—

12 (1) the term ‘‘Washington Marina’’ means the

13 portions of Federal property in the Southwest quad14 rant of the District of Columbia within Lot 848 in

15 Square 473, the unassessed Federal real property

16 adjacent to Lot 848 in Square 473, and riparian

17 rights appurtenant thereto; and

18 (2) the term ‘‘Washington municipal fish

19 wharf’’ means the water frontage on the Potomac

20 River lying south of Water Street between 11th and

21 12th Streets, including the buildings and wharves

22 thereon.

23 SEC. 163. Section 11201(g)(4)(A) of the National

24 Capital Revitalization and Self-Government Improvement
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1 Act of 1997 (D.C. Code, sec. 24–1201(g)(4)(A)) is

2 amended—

3 (1) by redesignating clauses (vi) through (ix) as

4 clauses (vii) through (x), respectively; and

5 (2) by inserting after clause (v) the following:

6 ‘‘(vi) immediately upon completing the

7 remediation required under clause (ii) (but

8 in no event later than June 1, 2003),

9 transfer any property located south of

10 Silverbrooke Road which is identified for

11 use for educational purposes in the Fairfax

12 County reuse plan to the County, without

13 consideration, subject to the condition that

14 the County use the property only for edu15 cational purposes;’’.

16 SEC. 164. (a) Section 208(a) of the District of Co17 lumbia Procurement Practices Act of 1985 (sec. 1–

18 1182.8(a), D.C. Code) is amended—

19 (1) in paragraph (4)(A), by striking ‘‘the same

20 auditor)’’ and inserting ‘‘the same auditor, except as

21 may be provided in paragraph (5)); and

22 (2) by adding at the end the following new

23 paragraph:

24 ‘‘(5) Notwithstanding paragraph (4)(A), an auditor

25 who is a subcontractor to the auditor who audited the fi-
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1 nancial statement and report described in paragraph

2 (3)(H) for a fiscal year may audit the financial statement

3 and report for any succeeding fiscal year (as either the

4 prime auditor or as a subcontractor to another auditor)

5 if—

6 ‘‘(A) such subcontractor is not a signatory to

7 the statement and report for the previous fiscal year;

8 ‘‘(B) the prime auditor reviewed and approved

9 the work of the subcontractor on the statement and

10 report for the previous fiscal year; and

11 ‘‘(C) the subcontractor is not an employee of

12 the prime contractor or of an entity owned, man13 aged, or controlled by the prime contractor.’’.

14 (b) The amendment made by subsection (a) shall

15 apply with respect to financial statements and reports for

16 activities of the District of Columbia Government for fiscal

17 years beginning with fiscal year 2001.

18 SEC. 165. Section 11201(g) of the National Capital

19 Revitalization and Self-Government Improvement Act of

20 1997 (D.C. Code, sec. 24–1201(g)) is amended by adding

21 at the end the following new paragraph:

22 ‘‘(6) MEADOWOOD FARM LAND EXCHANGE.—

23 ‘‘(A) IN GENERAL.—If, not later than Jan24 uary 15, 2001, Fairfax County, Virginia, agrees

25 to convey fee simple title to the property on
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1 Mason Neck in excess of 800 acres depicted on

2 the map dated June 2000, on file in the Office

3 of the Director of the Bureau of Land Manage4 ment, Eastern States (hereafter in this para5 graph referred to as ‘Meadowood Farm’) to the

6 Secretary of the Interior, then the Adminis7 trator of General Services shall agree to convey

8 to Fairfax County, Virginia, fee simple title to

9 the property located at the Lorton Correctional

10 Complex north of Silverbrook Road, and con11 sisting of more than 200 acres identified in the

12 Fairfax County Reuse Plan, dated July 26,

13 1999, as land available for residential develop14 ment in Land Units 1 and 2 (hereafter in this

15 paragraph referred to as the ‘Laurel Hill Resi16 dential Land’), the actual exchange to occur no

17 later than December 31, 2001.

18 ‘‘(B) TERMS AND CONDITIONS.—(i) When

19 Fairfax County transfers fee simple title to

20 Meadowood Farm to the Secretary of the Inte21 rior, the Administrator of General Services shall

22 simultaneously transfer to the County the Lau23 rel Hill Residential Land.

24 ‘‘(ii) The transfer of property to Fairfax

25 County, Virginia, under clause (i) shall be sub-
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1 ject to such terms and conditions that the Ad2 ministrator of General Services considers to be

3 appropriate to protect the interests of the

4 United States.

5 ‘‘(iii) Any proceeds derived from the sale of

6 the Laurel Hill Residential Land by Fairfax

7 County that exceed the County’s cost of acquir8 ing, financing (which shall be deemed a County

9 cost from the time of financing of the

10 Meadowood Farm acquisition to the receipt of

11 proceeds of the sale or sales of the Laurel Hill

12 Residential Land until such time as the pro13 ceeds of such sale or sales exceed the acquisi14 tion and financing costs of Meadowood Farm to

15 the County), preparing, and conveying

16 Meadowood Farm and costs incurred for im17 proving, preparing, and conveying the Laurel

18 Hill Residential Land shall be remitted to the

19 United States and deposited into the special

20 fund established pursuant to paragraph

21 (4)(A)(viii).

22 ‘‘(C) MANAGEMENT OF PROPERTY.—The

23 property transferred to the Secretary of the In24 terior under this section shall be managed by
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1 the Bureau of Land Management for public use

2 and recreation purposes.’’.

3 SEC. 166. Section 158(b) of the District of Columbia

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

5 1527) is amended to read as follows:

6 ‘‘(b) SOURCE OF FUNDS; TRANSFER.—An amount

7 not to exceed $5,000,000 from the National Highway Sys8 tem funds apportioned to the District of Columbia under

9 section 104 of title 23, United States Code, may be used

10 for purposes of carrying out the project under subsection

11 (a).’’.

12 SEC. 167. The explanatory language contained in the

13 Joint Explanatory Statement of the Committee of Con14 ference for District of Columbia Appropriations contained

15 in the Conference Report to accompany H.R. 4942 of the

16 106th Congress shall be considered to constitute a joint

17 explanatory statement of a committee of conference for

18 the provisions in this Act. References in this joint state19 ment to the conference agreement mean the provisions in

20 this Act, references to the House bill mean the House

21 passed version of H.R. 4942, and references to the Senate

22 bill mean the Senate passed amendment to H.R. 4942.
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1 This Act may be cited as the ‘‘District of Columbia

2 Appropriations Act, 2001’’.

Passed the House of Representatives November 14,

2000.

Attest: JEFF TRANDAHL,

Clerk.