I

106TH CONGRESS

2D SESSION H. R. 5633

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.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 14, 2000

Mr. ISTOOK introduced the following bill; which was referred to the Committee

on Appropriations

NOVEMBER 14, 2000

The Committee on Appropriations discharged; considered and passed

A BILL

Making appropriations for the government of the District

of Columbia and other activities chargeable in whole

or in part against the revenues of said District for the

fiscal year ending September 30, 2001, and for other

purposes.

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

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 District of Columbia for the fiscal year ending September

6 30, 2001, and for other purposes, namely:
2

HR 5633 CPH

1 FEDERAL FUNDS

2 FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

3 For a Federal payment to the District of Columbia

4 for a nationwide program to be administered by the Mayor

5 for District of Columbia resident tuition support,

6 $17,000,000, to remain available until expended: Pro7 vided, That such funds may be used on behalf of eligible

8 District of Columbia residents to pay an amount based

9 upon the difference between in-State and out-of-State tui10 tion at public institutions of higher education, usable at

11 both public and private institutions for higher education:

12 Provided further, That the awarding of such funds may

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

14 and such other factors as may be authorized.

15 FEDERAL PAYMENT FOR INCENTIVES FOR ADOPTION OF

16 CHILDREN

17 The paragraph under the heading ‘‘Federal Payment

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

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

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

21 to the District of Columbia to create incentives to promote

22 the adoption of children in the District of Columbia foster

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

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

25 used to carry out all of the provisions of title 38, except
3

HR 5633 CPH

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

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

3 FEDERAL PAYMENT TO THE CHIEF FINANCIAL OFFICER

4 OF THE DISTRICT OF COLUMBIA

5 For a Federal payment to the Chief Financial Officer

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

7 $250,000 shall be for payment to a mentoring program

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

9 to a youth development program with a character building

10 curriculum; $250,000 shall be for payment to a basic val11 ues training program; and $500,000, to remain available

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

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

14 Hickey Run stormwater outfall.

15 FEDERAL PAYMENT FOR COMMERCIAL REVITALIZATION

16 PROGRAM

17 For a Federal payment to the District of Columbia,

18 $1,500,000, to remain available until expended, for the

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

20 Columbia, to provide offsets against local taxes for a com21 mercial revitalization program, such program to provide

22 financial inducements, including loans, grants, offsets to

23 local taxes and other instruments that promote commer24 cial revitalization in Enterprise Zones and low and mod25 erate income areas in the District of Columbia: Provided,
4

HR 5633 CPH

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

2 Federal commercial revitalization proposals introduced in

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

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

5 the Mayor shall report to the Committees on Appropria6 tions of the Senate and House of Representatives on the

7 progress made in carrying out the commercial revitaliza8 tion program.

9 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

10 PUBLIC SCHOOLS

11 For a Federal payment to the District of Columbia

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

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

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

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

16 of District public school students.

17 FEDERAL PAYMENT TO THE METROPOLITAN POLICE

18 DEPARTMENT

19 For a Federal payment to the Metropolitan Police

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

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

22 mentoring high risk youth.
5

HR 5633 CPH

1 FEDERAL CONTRIBUTION TO COVENANT HOUSE

2 WASHINGTON

3 For a Federal contribution to Covenant House Wash4 ington for a contribution to the construction in Southeast

5 Washington of a new community service center for home6 less, runaway and at-risk youth, $500,000.

7 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

8 CORRECTIONS TRUSTEE OPERATIONS

9 For salaries and expenses of the District of Columbia

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

11 and operation of correctional facilities and for the admin12 istrative operating costs of the Office of the Corrections

13 Trustee, as authorized by section 11202 of the National

14 Capital Revitalization and Self-Government Improvement

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

16 $1,000,000 is to fund an initiative to improve case proc17 essing in the District of Columbia criminal justice system:

18 Provided, That notwithstanding any other provision of

19 law, funds appropriated in this Act for the District of Co20 lumbia Corrections Trustee shall be apportioned quarterly

21 by the Office of Management and Budget and obligated

22 and expended in the same manner as funds appropriated

23 for salaries and expenses of other Federal agencies: Pro24 vided further, That in addition to the funds provided under

25 this heading, the District of Columbia Corrections Trustee
6

HR 5633 CPH

1 may use any remaining interest earned on the Federal

2 payment made to the Trustee under the District of Colum3 bia Appropriations Act, 1998, to carry out the activities

4 funded under this heading.

5 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

6 COURTS

7 For salaries and expenses for the District of Colum8 bia Courts, $105,000,000 to be allocated as follows: for

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

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

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

12 $5,255,000 to finance a pay adjustment of 8.48 percent

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

14 $825,000 for roofing repairs to the facility commonly re15 ferred to as the Old Courthouse and located at 451 Indi16 ana Avenue, Northwest, to remain available until Sep17 tember 30, 2002, for capital improvements for District of

18 Columbia courthouse facilities: Provided, That none of the

19 funds in this Act or in any other Act shall be available

20 for the purchase, installation or operation of an Integrated

21 Justice Information System until a detailed plan and de22 sign has been submitted by the courts and approved by

23 the Committees on Appropriations of the House of Rep24 resentatives and the Senate: Provided further, That not25 withstanding any other provision of law, all amounts
7

HR 5633 CPH

1 under this heading shall be apportioned quarterly by the

2 Office of Management and Budget and obligated and ex3 pended in the same manner as funds appropriated for sal4 aries and expenses of other Federal agencies, with payroll

5 and financial services to be provided on a contractual basis

6 with the General Services Administration (GSA), said

7 services to include the preparation of monthly financial re8 ports, copies of which shall be submitted directly by GSA

9 to the President and to the Committees on Appropriations

10 of the Senate and House of Representatives, the Com11 mittee on Governmental Affairs of the Senate, and the

12 Committee on Government Reform of the House of Rep13 resentatives.

14 DEFENDER SERVICES IN DISTRICT OF COLUMBIA

15 COURTS

16 For payments authorized under section 11–2604 and

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

18 provided under the District of Columbia Criminal Justice

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

20 Family Division of the Superior Court of the District of

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

22 payments for counsel authorized under section 21–2060,

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

24 District of Columbia Guardianship, Protective Pro25 ceedings, and Durable Power of Attorney Act of 1986),
8

HR 5633 CPH

1 $34,387,000, to remain available until expended: Pro2 vided, That the funds provided in this Act under the head3 ing ‘‘Federal Payment to the District of Columbia Courts’’

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

5 for capital improvements for District of Columbia court6 house facilities) may also be used for payments under this

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

8 provided under this heading, the Joint Committee on Ju9 dicial Administration in the District of Columbia shall use

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

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

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

13 improvements for District of Columbia courthouse facili14 ties), to make payments described under this heading for

15 obligations incurred during any fiscal year: Provided fur16 ther, That such funds shall be administered by the Joint

17 Committee on Judicial Administration in the District of

18 Columbia: Provided further, That notwithstanding any

19 other provision of law, this appropriation shall be appor20 tioned quarterly by the Office of Management and Budget

21 and obligated and expended in the same manner as funds

22 appropriated for expenses of other Federal agencies, with

23 payroll and financial services to be provided on a contrac24 tual basis with the General Services Administration

25 (GSA), said services to include the preparation of monthly
9

HR 5633 CPH

1 financial reports, copies of which shall be submitted di2 rectly by GSA to the President and to the Committees

3 on Appropriations of the Senate and House of Representa4 tives, the Committee on Governmental Affairs of the Sen5 ate, and the Committee on Government Reform of the

6 House of Representatives: Provided further, That the Dis7 trict of Columbia Courts shall implement the recommenda8 tions in the General Accounting Office Report GAO/

9 AIMD/OGC–99–226 regarding payments to court-ap10 pointed attorneys and shall report quarterly to the Office

11 of Management and Budget and to the House and Senate

12 Appropriations Committees on the status of these reforms.

13 FEDERAL PAYMENT TO THE COURT SERVICES AND OF14 FENDER SUPERVISION AGENCY FOR THE DISTRICT

15 OF COLUMBIA

16 (INCLUDING TRANSFER OF FUNDS)

17 For salaries and expenses, including the transfer and

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

19 Supervision Agency for the District of Columbia, as au20 thorized by the National Capital Revitalization and Self21 Government Improvement Act of 1997 (Public Law 105–

22 33; 111 Stat. 712), $112,527,000, of which $67,521,000

23 shall be for necessary expenses of Community Supervision

24 and Sex Offender Registration, to include expenses relat25 ing to supervision of adults subject to protection orders
10

HR 5633 CPH

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

2 $18,778,000 shall be transferred to the Public Defender

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

4 Services Agency: Provided, That of the amount provided

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

6 pretrial defendant and post-conviction offender super7 vision, enhance drug testing and sanctions-based treat8 ment programs and other treatment services, expand in9 termediate sanctions and offender re-entry programs, con10 tinue planning and design proposals for a residential

11 Sanctions Center and improve administrative infrastruc12 ture, including information technology; and $836,000 of

13 the $17,854,000 referred to in this proviso is for the Pub14 lic Defender Service: Provided further, That notwith15 standing any other provision of law, all amounts under

16 this heading shall be apportioned quarterly by the Office

17 of Management and Budget and obligated and expended

18 in the same manner as funds appropriated for salaries and

19 expenses of other Federal agencies: Provided further, That

20 notwithstanding section 446 of the District of Columbia

21 Home Rule Act or any provision of subchapter III of chap22 ter 13 of title 31, United States Code, the use of interest

23 earned on the Federal payment made to the District of

24 Columbia Offender Supervision, Defender, and Court

25 Services Agency under the District of Columbia Appro-
11

HR 5633 CPH

1 priations Act, 1998, by the Agency during fiscal years

2 1998 and 1999 shall not constitute a violation of such Act

3 or such subchapter.

4 FEDERAL PAYMENT FOR WASHINGTON INTERFAITH

5 NETWORK

6 For a Federal payment to the Washington Interfaith

7 Network to reimburse the Network for costs incurred in

8 carrying out preconstruction activities at the former Fort

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

10 That such activities may include architectural and engi11 neering studies, property appraisals, environmental as12 sessments, grading and excavation, landscaping, paving,

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

14 lines, and other utilities: Provided further, That the Sec15 retary of the Treasury shall make such payment only after

16 the Network has received matching funds from private

17 sources (including funds provided through loans) to carry

18 out such activities in an aggregate amount which is equal

19 to the amount of such payment (as certified by the Inspec20 tor General of the District of Columbia) and has provided

21 the Secretary of the Treasury with a request for reim22 bursement which contains documentation certified by the

23 Inspector General of the District of Columbia showing

24 that the Network carried out the activities and that the

25 costs incurred in carrying out the activities were equal to
12

HR 5633 CPH

1 or less than the amount of the reimbursement requested:

2 Provided further, That none of the funds provided under

3 this heading may be obligated or expended after December

4 31, 2001 (without regard to whether the activities involved

5 were carried out prior to such date).

6 FEDERAL PAYMENT FOR PLAN TO SIMPLIFY EMPLOYEE

7 COMPENSATION SYSTEMS

8 For a Federal payment to the Mayor of the District

9 of Columbia for a contract for the study and development

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

11 and work rules applicable to employees of the District gov12 ernment, $250,000: Provided, That under the terms of the

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

14 of the current compensation systems, schedules, and work

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

16 practices regarding the compensation systems, schedules,

17 and work rules of State and local governments and other

18 appropriate organizations; a proposal for simplifying the

19 systems, schedules, and rules applicable to employees of

20 the District government; and the development of strategies

21 for implementing such proposal, including an identifica22 tion of any statutory, contractual, or other barriers to im23 plementing the proposal and an estimated time frame for

24 implementing the proposal: Provided further, That under

25 the terms of the contract the contractor shall submit the
13

HR 5633 CPH

1 plan to the Mayor and to the Committees on Appropria2 tions of the House of Representatives and Senate: Pro3 vided further, That the Mayor shall develop a proposed so4 licitation for the contract not later than 90 days after the

5 date of the enactment of this Act and shall submit a copy

6 of the proposed solicitation to the Comptroller General for

7 review at least 90 days prior to the issuance of such solici8 tation: Provided further, That not later than 45 days after

9 receiving the proposed solicitation from the Mayor, the

10 Comptroller General shall review the solicitation to ensure

11 that it adequately addresses all of the necessary elements

12 described under this heading and report to the Commit13 tees on Appropriations of the House of Representatives

14 and Senate on the results of this review: Provided further,

15 That for purposes of this contract the term ‘‘District gov16 ernment’’ has the meaning given such term in section

17 305(5) of the District of Columbia Financial Responsi18 bility and Management Assistance Act of 1995 (sec. 47–

19 393(5), D.C. Code), except that such term shall not in20 clude the courts of the District of Columbia and shall in21 clude the District of Columbia Financial Responsibility

22 and Management Assistance Authority.

23 METRORAIL CONSTRUCTION

24 For the Washington Metropolitan Area Transit Au25 thority [WMATA], a contribution of $25,000,000, to re-
14

HR 5633 CPH

1 main available until expended, to design and build a Met2 rorail station located at New York and Florida Avenues,

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

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

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

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

7 further, shall establish a special taxing district for the

8 neighborhood of the proposed Metrorail station to provide

9 $25,000,000: Provided further, That the requirements of

10 49 U.S.C. 5309(a)(2) shall apply to this project.

11 FEDERAL PAYMENT FOR BROWNFIELD REMEDIATION

12 For a Federal payment to the District of Columbia,

13 $3,450,000 for environmental and infrastructure costs at

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

15 shall be available for environmental assessment, site reme16 diation and wetlands restoration of the 11 acres of real

17 property under the jurisdiction of the District of Colum18 bia: Provided further, That no more than $1,300,000 shall

19 be used for infrastructure costs for an entrance to Ana20 costia Park: Provided further, That none of said funds

21 shall be used by the District of Columbia to purchase pri22 vate property in the Poplar Point area.

23 PRESIDENTIAL INAUGURATION

24 For a payment to the District of Columbia to reim25 burse the District for expenses incurred in connection with
15

HR 5633 CPH

1 Presidential inauguration activities, $5,961,000, as au2 thorized by section 737(b) of the District of Columbia

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

4 824; D.C. Code, sec. 1–1132), which shall be apportioned

5 by the Chief Financial Officer within the various appro6 priation headings in this Act.

7 CHILDREN’S NATIONAL MEDICAL CENTER

8 For a Federal contribution to the Children’s National

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

10 be used for the network of satellite pediatric health clinics

11 for children and families in underserved neighborhoods

12 and communities in the District of Columbia.

13 CHILD ADVOCACY CENTER

14 For a Federal contribution to the Child Advocacy

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

16 ST. COLETTA OF GREATER WASHINGTON EXPANSION

17 PROJECT

18 For a Federal contribution to St. Coletta of Greater

19 Washington, Inc. for costs associated with the establish20 ment of a day program and comprehensive case manage21 ment services for mentally retarded and multiple-handi22 capped adolescents and adults in the District of Columbia,

23 including property acquisition and construction,

24 $1,000,000.
16

HR 5633 CPH

1 DISTRICT OF COLUMBIA SPECIAL OLYMPICS

2 For a Federal contribution to the District of Colum3 bia Special Olympics, $250,000.

4 DISTRICT OF COLUMBIA FUNDS

5 OPERATING EXPENSES

6 DIVISION OF EXPENSES

7 The following amounts are appropriated for the Dis8 trict of Columbia for the current fiscal year out of the

9 general fund of the District of Columbia, except as other10 wise specifically provided: Provided, That notwithstanding

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

12 450A of the District of Columbia Home Rule Act and sec13 tion 126 of this Act, the total amount appropriated in this

14 Act for operating expenses for the District of Columbia

15 for fiscal year 2001 under this heading shall not exceed

16 the lesser of the sum of the total revenues of the District

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

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

19 $3,250,783,000 shall be from local funds): Provided fur20 ther, That the Chief Financial Officer of the District of

21 Columbia and the District of Columbia Financial Respon22 sibility and Management Assistance Authority shall take

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

24 Columbia meets these requirements, including the appor25 tioning by the Chief Financial Officer of the appropria-
17

HR 5633 CPH

1 tions and funds made available to the District during fis2 cal year 2001, except that the Chief Financial Officer may

3 not reprogram for operating expenses any funds derived

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

5 projects.

6 DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY

7 AND MANAGEMENT ASSISTANCE AUTHORITY

8 For the District of Columbia Financial Responsibility

9 and Management Assistance Authority (Authority), estab10 lished by section 101(a) of the District of Columbia Finan11 cial Responsibility and Management Assistance Act of

12 1995 (109 Stat. 97; Public Law 104–8), $3,140,000: Pro13 vided, That these funds be derived from accounts held by

14 the Authority on behalf of the District of Columbia: Pro15 vided further, That none of the funds contained in this

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

17 Director or General Counsel of the Authority at a rate

18 in excess of the maximum rate of compensation which may

19 be paid to such individual during fiscal year 2001 under

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

21 General (as described in GAO letter report B–279095.2):

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

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

24 other entity of the District of Columbia government from

25 any source (including any accounts of the Authority) may
18

HR 5633 CPH

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

2 severance or bonus payments, and payments under agree3 ments in effect before the enactment of this Act) to any

4 individual upon or following the individual’s separation

5 from employment with the Authority (other than a pay6 ment of the individual’s regular salary for services per7 formed prior to separation or a payment for unused an8 nual leave accrued by the individual), except that an indi9 vidual who is employed by the Authority during the entire

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

11 Act and ends on September 30, 2001, may receive a sever12 ance payment after such date in an aggregate amount

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

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

15 month period (or portion thereof) during which the indi16 vidual was employed by the Authority and the number of

17 full years during which the individual was employed by

18 the Authority.

19 GOVERNMENTAL DIRECTION AND SUPPORT

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

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

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

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

24 $2,500 for the Chairman of the Council of the District

25 of Columbia, and $2,500 for the City Administrator shall
19

HR 5633 CPH

1 be available from this appropriation for official purposes:

2 Provided further, That any program fees collected from the

3 issuance of debt shall be available for the payment of ex4 penses of the debt management program of the District

5 of Columbia: Provided further, That no revenues from

6 Federal sources shall be used to support the operations

7 or activities of the Statehood Commission and Statehood

8 Compact Commission: Provided further, That the District

9 of Columbia shall identify the sources of funding for Ad10 mission to Statehood from its own locally-generated reve11 nues: Provided further, That all employees permanently

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

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

14 further, That notwithstanding any other provision of law,

15 or Mayor’s Order 86–45, issued March 18, 1986, the Of16 fice of the Chief Technology Officer’s delegated small pur17 chase authority shall be $500,000: Provided further, That

18 the District of Columbia government may not require the

19 Office of the Chief Technology Officer to submit to any

20 other procurement review process, or to obtain the ap21 proval of or be restricted in any manner by any official

22 or employee of the District of Columbia government, for

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

24 That $303,000 and no fewer than 5 FTEs shall be avail25 able exclusively to support the Labor-Management Part-
20

HR 5633 CPH

1 nership Council: Provided further, That, effective Sep2 tember 30, 2000, section 168(a) of the District of Colum3 bia Appropriations Act, 2000 (Public Law 106–113; 113

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

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

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

7 Officer of the District of Columbia shall submit a study

8 to the Committees on Appropriations of the House of Rep9 resentatives and Senate on the merits and potential sav10 ings of privatizing the operation and administration of

11 Saint Elizabeths Hospital.

12 ECONOMIC DEVELOPMENT AND REGULATION

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

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

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

16 of which $15,000,000 collected by the District of Colum17 bia in the form of BID tax revenue shall be paid to the

18 respective BIDs pursuant to the Business Improvement

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

20 1–2271 et seq.), and the Business Improvement Districts

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

22 That such funds are available for acquiring services pro23 vided by the General Services Administration: Provided

24 further, That Business Improvement Districts shall be ex25 empt from taxes levied by the District of Columbia.
21

HR 5633 CPH

1 PUBLIC SAFETY AND JUSTICE

2 Public safety and justice, including purchase or lease

3 of 135 passenger carrying vehicles for replacement only,

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

5 without regard to the general purchase price limitation for

6 the current fiscal year, and such sums as may be nec7 essary for making refunds and for the payment of judg8 ments that have been entered against the District of Co9 lumbia government $762,546,000 (including

10 $591,565,000 from local funds, $24,950,000 from Federal

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

12 That the Metropolitan Police Department is authorized to

13 replace not to exceed 25 passenger-carrying vehicles and

14 the Department of Fire and Emergency Medical Services

15 of the District of Columbia is authorized to replace not

16 to exceed five passenger-carrying vehicles annually when17 ever the cost of repair to any damaged vehicle exceeds

18 three-fourths of the cost of the replacement: Provided fur19 ther, That not to exceed $500,000 shall be available from

20 this appropriation for the Chief of Police for the preven21 tion and detection of crime: Provided further, That not22 withstanding any other provision of law, or Mayor’s Order

23 86–45, issued March 18, 1986, the Metropolitan Police

24 Department’s delegated small purchase authority shall be

25 $500,000: Provided further, That the District of Columbia
22

HR 5633 CPH

1 government may not require the Metropolitan Police De2 partment to submit to any other procurement review proc3 ess, or to obtain the approval of or be restricted in any

4 manner by any official or employee of the District of Co5 lumbia government, for purchases that do not exceed

6 $500,000: Provided further, That the Mayor shall reim7 burse the District of Columbia National Guard for ex8 penses incurred in connection with services that are per9 formed in emergencies by the National Guard in a militia

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

11 shall be jointly determined and certified as due and pay12 able for these services by the Mayor and the Commanding

13 General of the District of Columbia National Guard: Pro14 vided further, That such sums as may be necessary for

15 reimbursement to the District of Columbia National

16 Guard under the preceding proviso shall be available from

17 this appropriation, and the availability of the sums shall

18 be deemed as constituting payment in advance for emer19 gency services involved: Provided further, That the Metro20 politan Police Department is authorized to maintain 3,800

21 sworn officers, with leave for a 50 officer attrition: Pro22 vided further, That no more than 15 members of the Met23 ropolitan Police Department shall be detailed or assigned

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

25 submits a recommendation to the Council for its review:
23

HR 5633 CPH

1 Provided further, That $100,000 shall be available for in2 mates released on medical and geriatric parole: Provided

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

4 Metropolitan Police Department shall provide to the Com5 mittees on Appropriations of the Senate and House of

6 Representatives, the Committee on Governmental Affairs

7 of the Senate, and the Committee on Government Reform

8 of the House of Representatives, quarterly reports on the

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

10 areas established throughout the District of Columbia.

11 PUBLIC EDUCATION SYSTEM

12 Public education system, including the development

13 of national defense education programs, $998,918,000 (in14 cluding $824,867,000 from local funds, $147,643,000

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

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

17 $629,309,000 from local funds, $133,490,000 from Fed18 eral funds, and $7,144,000 from other funds), for the pub19 lic schools of the District of Columbia; $200,000 from

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

22 Education Office, $17,000,000 from local funds, pre23 viously appropriated in this Act as a Federal payment, for

24 resident tuition support at public and private institutions

25 of higher learning for eligible District of Columbia resi-
24

HR 5633 CPH

1 dents; and $105,000,000 from local funds for public char2 ter schools: Provided, That there shall be quarterly dis3 bursement of funds to the District of Columbia public

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

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

6 That the District of Columbia public charter schools will

7 report enrollment on a quarterly basis upon which a quar8 terly disbursement will be calculated: Provided further,

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

10 be fifty (50) percent of each public charter school’s annual

11 entitlement based on its unaudited October 5 enrollment

12 count: Provided further, That if the entirety of this alloca13 tion has not been provided as payments to any public char14 ter schools currently in operation through the per pupil

15 funding formula, the funds shall be available for public

16 education in accordance with the School Reform Act of

17 1995 (D.C. Code, sec. 31–2853.43(A)(2)(D); Public Law

18 104–134, as amended): Provided further, That $480,000

19 of this amount shall be available to the District of Colum20 bia Public Charter School Board for administrative costs:

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

22 $44,691,000 from local funds, $13,199,000 from Federal

23 funds, and $18,543,000 from other funds) shall be avail24 able for the University of the District of Columbia: Pro25 vided further, That $200,000 is allocated for the East of
25

HR 5633 CPH

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

2 Excel Institute Adult Education Program to be used by

3 the Institute for construction and to acquire construction

4 services provided by the General Services Administration

5 on a reimbursable basis, $500,000 for the Adult Edu6 cation State Plan, $650,000 for The Saturday Academy

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

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

9 $25,208,000 from local funds, $550,000 from Federal

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

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

12 be allocated such that $500,000 is used for facilities im13 provements for 8 of the 26 library branches, $235,000 for

14 13 FTEs for the continuation of the Homework Helpers

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

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

17 homes, and $119,000 for 3 FTEs to expand literacy sup18 port into branch libraries: Provided further, That

19 $2,204,000 (including $1,780,000 from local funds,

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

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

22 and Humanities: Provided further, That the public schools

23 of the District of Columbia are authorized to accept not

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

25 education program: Provided further, That not to exceed
26

HR 5633 CPH

1 $2,500 for the Superintendent of Schools, $2,500 for the

2 President of the University of the District of Columbia,

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

4 from this appropriation for official purposes: Provided fur5 ther, That none of the funds contained in this Act may

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

7 Columbia Public School teacher, principal, administrator,

8 official, or employee who knowingly provides false enroll9 ment or attendance information under article II, section

10 5 of the Act entitled ‘‘An Act to provide for compulsory

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

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

13 February 4, 1925 (D.C. Code, sec. 31–401 et seq.): Pro14 vided further, That this appropriation shall not be avail15 able to subsidize the education of any nonresident of the

16 District of Columbia at any District of Columbia public

17 elementary and secondary school during fiscal year 2001

18 unless the nonresident pays tuition to the District of Co19 lumbia at a rate that covers 100 percent of the costs in20 curred by the District of Columbia which are attributable

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

22 Superintendent of the District of Columbia Public

23 Schools): Provided further, That this appropriation shall

24 not be available to subsidize the education of nonresidents

25 of the District of Columbia at the University of the Dis-
27

HR 5633 CPH

1 trict of Columbia, unless the Board of Trustees of the Uni2 versity of the District of Columbia adopts, for the fiscal

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

4 that will establish the tuition rate for nonresident students

5 at a level no lower than the nonresident tuition rate

6 charged at comparable public institutions of higher edu7 cation in the metropolitan area: Provided further, That

8 $2,200,000 is allocated to the Temporary Weighted Stu9 dent Formula to fund 344 additional slots for pre-K stu10 dents: Provided further, That $50,000 is allocated to fund

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

12 hosted jointly by the District of Columbia Public Schools

13 and District of Columbia public charter schools: Provided

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

15 administer a system-wide standardized test more than

16 once in FY 2001: Provided further, That no less than

17 $436,452,000 shall be expended on local schools through

18 the Weighted Student Formula: Provided further, That

19 notwithstanding any other provision of law, rule, or regu20 lation, the evaluation process and instruments for evalu21 ating District of Columbia Public School employees shall

22 be a non-negotiable item for collective bargaining pur23 poses: Provided further, That the District of Columbia

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

25 Schools Without Violence program based on a model devel-
28

HR 5633 CPH

1 oped by the University of North Carolina, located in

2 Greensboro, North Carolina: Provided further, That the

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

4 to implement a Failure Free Reading program in the Dis5 trict’s public schools: Provided further, That notwith6 standing the amounts otherwise provided under this head7 ing or any other provision of law, there shall be appro8 priated to the District of Columbia public charter schools

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

10 total amount provided for payments to public charter

11 schools in the proposed budget of the District of Columbia

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

13 amount of such payment shall be chargeable against the

14 final amount provided for such payments under the Dis15 trict of Columbia Appropriations Act, 2002: Provided fur16 ther, That notwithstanding the amounts otherwise pro17 vided under this heading or any other provision of law,

18 there shall be appropriated to the District of Columbia

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

20 percent of the total amount provided for the District of

21 Columbia Public Schools in the proposed budget of the

22 District of Columbia for fiscal year 2002 (as submitted

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

24 chargeable against the final amount provided for the Dis-
29

HR 5633 CPH

1 trict of Columbia Public Schools under the District of Co2 lumbia Appropriations Act, 2002.

3 HUMAN SUPPORT SERVICES

4 (INCLUDING TRANSFER OF FUNDS)

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

6 $637,347,000 from local funds, $881,589,000 from Fed7 eral funds, and $16,718,000 from other funds): Provided,

8 That $25,836,000 of this appropriation, to remain avail9 able until expended, shall be available solely for District

10 of Columbia employees’ disability compensation: Provided

11 further, That the District of Columbia shall not provide

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

13 disposal or collection, utilities, maintenance, repairs, or

14 similar services to any legally constituted private nonprofit

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

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

17 Public Law 100–77; 42 U.S.C. 11371), providing emer18 gency shelter services in the District, if the District would

19 not be qualified to receive reimbursement pursuant to such

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

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

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

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

24 $250,000 to cover debt owed by the District of Columbia

25 government for services rendered shall be paid to the Doe
30

HR 5633 CPH

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

2 $1,000,000 shall be paid in equal monthly installments by

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

4 $400,000 shall be available for the administrative costs

5 associated with implementation of the Drug Treatment

6 Choice Program established pursuant to section 4 of the

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

8 Mayor on April 20, 2000 (D.C. Act 13–329): Provided fur9 ther, That $7,000,000 shall be available for deposit in the

10 Addiction Recovery Fund established pursuant to section

11 5 of the Choice in Drug Treatment Act of 2000, signed

12 by the Mayor on April 20, 2000 (D.C. Act 13–329): Pro13 vided further, That the District of Columbia is authorized

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

15 Gonzaga College High School and that, in exchange for

16 such a lease, Gonzaga will introduce and implement a

17 youth baseball program focused on 13 to 18 year old resi18 dents, said program to include summer and fall baseball

19 programs and baseball clinics: Provided further, That not20 withstanding any other provision of law, to augment the

21 District of Columbia subsidy for the District of Columbia

22 Health and Hospitals Public Benefit Corporation, the Dis23 trict of Columbia may transfer from other non-Federal

24 funds appropriated under this Act to the Human Support

25 Services appropriation under this Act an amount not to
31

HR 5633 CPH

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

2 delivery of health services in the District of Columbia: Pro3 vided further, That such restructuring shall be pursuant

4 to a restructuring plan approved by the Mayor of the Dis5 trict of Columbia, the Council of the District of Columbia,

6 the District of Columbia Financial Responsibility and

7 Management Assistance Authority, and the Board of Di8 rectors of the Public Benefit Corporation: Provided fur9 ther, That—

10 (1) the restructuring plan reduces personnel

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

12 Benefit Corporation consistent with the reduction in

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

14 the Board of Directors of the Public Benefit Cor15 poration regarding personnel structure, by reducing

16 personnel by at least 500 full-time equivalent em17 ployees, without replacement by contract personnel;

18 (2) no transferred funds are expended until 10

19 calendar days after the restructuring plan has re20 ceived final approval and a copy evidencing final ap21 proval has been submitted by the Mayor to the Com22 mittee on Government Reform of the House of Rep23 resentatives, the Committee on Governmental Affairs

24 of the Senate, and the Committees on Appropria-
32

HR 5633 CPH

1 tions of the House of Representatives and the Sen2 ate; and

3 (3) the plan includes a certification that the

4 plan does not request and does not rely upon any

5 current or future request for additional appropria6 tion of Federal funds.

7 PUBLIC WORKS

8 Public works, including rental of one passenger-car9 rying vehicle for use by the Mayor and three passenger10 carrying vehicles for use by the Council of the District of

11 Columbia and leasing of passenger-carrying vehicles,

12 $278,242,000 (including $265,078,000 from local funds,

13 $3,328,000 from Federal funds, and $9,836,000 from

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

15 be available for collecting ashes or miscellaneous refuse

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

17 $100,000 shall be available for a commercial sector recy18 cling initiative, $250,000 to initiate a recycling education

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

20 to restore a 3.5 percent vacancy rate in Parking Services,

21 $170,000 to plant 500 trees, $118,000 for two water

22 trucks, $150,000 for contract monitors and parking ana23 lysts within Parking Services, $1,409,000 for a neighbor24 hood cleanup initiative, $1,000,000 for tree maintenance,

25 $600,000 for an anti-graffiti program, $226,000 for a
33

HR 5633 CPH

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

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

3 to hire additional ticket adjudicators, conduct additional

4 hearings, and reduce the waiting time for hearings.

5 RECEIVERSHIP PROGRAMS

6 For all agencies of the District of Columbia govern7 ment under court ordered receivership, $389,528,000 (in8 cluding $234,913,000 from local funds, $135,555,000

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

10 RESERVE

11 For replacement of funds expended, if any, during

12 fiscal year 2000 from the Reserve established by section

13 202(j) of the District of Columbia Financial Responsibility

14 and Management Assistance Act of 1995, Public Law

15 104–8, $150,000,000 from local funds: Provided, That

16 none of these funds shall be obligated or expended under

17 this heading until the emergency reserve fund established

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

19 pursuant to section 450A of the District of Columbia

20 Home Rule Act as set forth herein.

21 EMERGENCY RESERVE FUND

22 For the emergency reserve fund established under

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

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

25 section, to be derived from local funds.
34

HR 5633 CPH

1 REPAYMENT OF LOANS AND INTEREST

2 For payment of principal, interest and certain fees

3 directly resulting from borrowing by the District of Co4 lumbia to fund District of Columbia capital projects as

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

6 of Columbia Home Rule Act, approved December 24,

7 1973, $243,238,000 from local funds: Provided, That any

8 funds set aside pursuant to section 148 of the District

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

10 113; 113 Stat. 1523) that are not used in the reserve

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

12 Capital Funds: Provided further, That for equipment

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

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

15 par amount being financed on a lease purchase basis with

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

17 $2,000,000 is allocated to the Metropolitan Police Depart18 ment, $4,300,000 for the Fire and Emergency Medical

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

20 $2,010,000 for the Department of Parks and Recreation,

21 $7,500,000 for the Department of Public Works, and

22 $1,800,000 for the Public Benefit Corporation.

23 REPAYMENT OF GENERAL FUND RECOVERY DEBT

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

25 general fund accumulated deficit as of September 30,
35

HR 5633 CPH

1 1990, $39,300,000 from local funds, as authorized by sec2 tion 461(a) of the District of Columbia Home Rule Act,

3 (105 Stat. 540; D.C. Code, sec. 47–321(a)(1)).

4 PAYMENT OF INTEREST ON SHORT-TERM BORROWING

5 For payment of interest on short-term borrowing,

6 $1,140,000 from local funds.

7 PRESIDENTIAL INAUGURATION

8 For reimbursement for necessary expenses incurred

9 in connection with Presidential inauguration activities as

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

11 Home Rule Act, Public Law 93–198, as amended, ap12 proved December 24, 1973 (87 Stat. 824; D.C. Code, sec.

13 1–1803), $5,961,000 from local funds, previously appro14 priated in this Act as a Federal payment, which shall be

15 apportioned by the Chief Financial Officer within the var16 ious appropriation headings in this Act.

17 CERTIFICATES OF PARTICIPATION

18 For lease payments in accordance with the Certifi19 cates of Participation involving the land site underlying

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

21 from local funds.

22 WILSON BUILDING

23 For expenses associated with the John A. Wilson

24 Building, $8,409,000 from local funds.
36

HR 5633 CPH

1 OPTICAL AND DENTAL INSURANCE PAYMENTS

2 For optical and dental insurance payments,

3 $2,675,000 from local funds.

4 MANAGEMENT SUPERVISORY SERVICE

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

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

7 District of Columbia among the various appropriation

8 headings in this Act for which employees are properly pay9 able.

10 TOBACCO SETTLEMENT TRUST FUND TRANSFER

11 PAYMENT

12 Subject to the issuance of bonds to pay the purchase

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

14 in and to the Master Settlement Agreement, and con15 sistent with the Tobacco Settlement Financing and Trust

16 Fund Amendment Act of 2000, there is transferred the

17 amount available pursuant thereto, but not to exceed

18 $61,406,000, to the Tobacco Settlement Trust Fund es19 tablished pursuant to section 2302 of the Tobacco Settle20 ment Trust Fund Establishment Act of 1999, effective

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

22 Code, sec. 6–135), to be spent pursuant to local law.
37

HR 5633 CPH

1 OPERATIONAL IMPROVEMENTS SAVINGS (INCLUDING

2 MANAGED COMPETITION)

3 The Mayor and the Council, in consultation with the

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

8 of the appropriation headings in this Act.

9 MANAGEMENT REFORM SAVINGS

10 The Mayor and the Council, in consultation with the

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

15 appropriation headings in this Act.

16 CAFETERIA PLAN SAVINGS

17 For the implementation of a Cafeteria Plan pursuant

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

19 ENTERPRISE AND OTHER FUNDS

20 WATER AND SEWER AUTHORITY AND THE WASHINGTON

21 AQUEDUCT

22 For operation of the Water and Sewer Authority and

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

24 (including $230,614,000 for the Water and Sewer Author25 ity and $45,091,000 for the Washington Aqueduct) of
38

HR 5633 CPH

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

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

3 interest incurred for capital improvement projects.

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

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

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

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

12 Capital Outlay appropriation title shall apply to projects

13 approved under this appropriation title.

14 LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

15 For the Lottery and Charitable Games Enterprise

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

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

19 of implementing the Law to Legalize Lotteries, Daily

20 Numbers Games, and Bingo and Raffles for Charitable

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

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

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

24 shall identify the source of funding for this appropriation

25 title from the District’s own locally generated revenues:
39

HR 5633 CPH

1 Provided further, That no revenues from Federal sources

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

3 Lottery and Charitable Games Control Board.

4 SPORTS AND ENTERTAINMENT COMMISSION

5 For the Sports and Entertainment Commission,

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

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

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

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

11 DISTRICT OF COLUMBIA HEALTH AND HOSPITALS

12 PUBLIC BENEFIT CORPORATION

13 (INCLUDING TRANSFER OF FUNDS)

14 For the District of Columbia Health and Hospitals

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

16 212 (D.C. Code, sec. 32–262.2), $123,548,000, of which

17 $45,313,000 shall be derived by transfer from the general

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

19 no appropriated amounts and no amounts from or guaran20 teed by the District of Columbia government (including

21 the District of Columbia Financial Responsibility and

22 Management Assistance Authority) may be made available

23 to the Corporation (through reprogramming, transfers,

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

25 provided for under this heading until a restructuring plan
40

HR 5633 CPH

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

2 Mayor of the District of Columbia, the Council of the Dis3 trict of Columbia, the Authority, the Chief Financial Offi4 cer of the District of Columbia, and the Chair of the

5 Board of Directors of the Corporation: Provided further,

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

7 on behalf of the Corporation, the Chief Financial Officer

8 of the District of Columbia shall sign an affidavit certi9 fying that the making of the payment does not constitute

10 a violation of any provision of subchapter III of chapter

11 13 of title 31, United States Code, or of any provision

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

13 may be covered by the same affidavit under the previous

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

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

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

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

18 any person to provide any signature required under this

19 heading on such an affidavit by proxy or by machine, com20 puter, or other facsimile device.

21 DISTRICT OF COLUMBIA RETIREMENT BOARD

22 For the District of Columbia Retirement Board, es23 tablished by section 121 of the District of Columbia Re24 tirement Reform Act of 1979 (93 Stat. 866; D.C. Code,

25 sec. 1–711), $11,414,000 from the earnings of the appli-
41

HR 5633 CPH

1 cable retirement funds to pay legal, management, invest2 ment, and other fees and administrative expenses of the

3 District of Columbia Retirement Board: Provided, That

4 the District of Columbia Retirement Board shall provide

5 to the Congress and to the Council of the District of Co6 lumbia a quarterly report of the allocations of charges by

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

8 That the District of Columbia Retirement Board shall pro9 vide the Mayor, for transmittal to the Council of the Dis10 trict of Columbia, an itemized accounting of the planned

11 use of appropriated funds in time for each annual budget

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

13 each annual audited financial report.

14 CORRECTIONAL INDUSTRIES FUND

15 For the Correctional Industries Fund, established by

16 the District of Columbia Correctional Industries Estab17 lishment Act (78 Stat. 1000; Public Law 88–622),

18 $1,808,000 from other funds.

19 WASHINGTON CONVENTION CENTER ENTERPRISE FUND

20 For the Washington Convention Center Enterprise

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

22 CAPITAL OUTLAY

23 (INCLUDING RESCISSIONS)

24 For construction projects, an increase of

25 $1,077,282,000 of which $806,787,000 is from local
42

HR 5633 CPH

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

2 $204,049,000 is from Federal funds, and a rescission of

3 $55,208,000 from local funds appropriated under this

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

5 $1,022,074,000 to remain available until expended: Pro6 vided, That funds for use of each capital project imple7 menting agency shall be managed and controlled in ac8 cordance with all procedures and limitations established

9 under the Financial Management System: Provided fur10 ther, That all funds provided by this appropriation title

11 shall be available only for the specific projects and pur12 poses intended: Provided further, That notwithstanding

13 the foregoing, all authorizations for capital outlay

14 projects, except those projects covered by the first sen15 tence of section 23(a) of the Federal Aid Highway Act

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

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

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

19 except authorizations for projects as to which funds have

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

21 2002: Provided further, That upon expiration of any such

22 project authorization, the funds provided herein for the

23 project shall lapse.
43

HR 5633 CPH

1 GENERAL PROVISIONS

2 SEC. 101. Whenever in this Act, an amount is speci3 fied within an appropriation for particular purposes or ob4 jects of expenditure, such amount, unless otherwise speci5 fied, shall be considered as the maximum amount that

6 may be expended for said purpose or object rather than

7 an amount set apart exclusively therefor.

8 SEC. 102. Appropriations in this Act shall be avail9 able for expenses of travel and for the payment of dues

10 of organizations concerned with the work of the District

11 of Columbia government, when authorized by the Mayor:

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

13 of Columbia, funds may be expended with the authoriza14 tion of the chair of the Council.

15 SEC. 103. There are appropriated from the applicable

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

17 necessary for making refunds and for the payment of

18 judgments that have been entered against the District of

19 Columbia government: Provided, That nothing contained

20 in this section shall be construed as modifying or affecting

21 the provisions of section 11(c)(3) of title XII of the Dis22 trict of Columbia Income and Franchise Tax Act of 1947

23 (70 Stat. 78; Public Law 84–460; D.C. Code, sec. 47–

24 1812.11(c)(3)).
44

HR 5633 CPH

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

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

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

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

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

7 specific information on any severance clause in effect

8 under any such contract.

9 (b) PUBLIC INSPECTION.—The index maintained

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

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

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

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

19 (1) any department, agency or instrumentality

20 of the government of the District of Columbia;

21 (2) any independent agency of the District of

22 Columbia established under part F of title IV of the

23 District of Columbia Home Rule Act or any other

24 agency, board, or commission established by the

25 Mayor or the Council;
45

HR 5633 CPH

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

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

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

5 of Columbia (other than monies received from the

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

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

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

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

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

14 copies of their contract or severance agreement in the

15 index on their own behalf.

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

17 this Act shall remain available for obligation beyond the

18 current fiscal year unless expressly so provided herein.

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

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

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

24 Nothing herein is intended to prohibit the availability of
46

HR 5633 CPH

1 school buildings for the use of any community or partisan

2 political group during non-school hours.

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

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

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

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

7 not available for inspection by the House and Senate Com8 mittees on Appropriations, the House Committee on Gov9 ernment Reform, the Senate Committee on Governmental

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

11 their duly authorized representative.

12 SEC. 108. There are appropriated from the applicable

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

14 necessary for making payments authorized by the District

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

16 2–20; D.C. Code, sec. 47–421 et seq.).

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

18 for publicity or propaganda purposes or implementation

19 of any policy including boycott designed to support or de20 feat legislation pending before Congress or any State legis21 lature.

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

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

24 for capital outlay borrowings: Provided, That within a rea25 sonable time after the close of each quarter, the Mayor
47

HR 5633 CPH

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

2 the Congress the actual borrowings and spending progress

3 compared with projections.

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

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

6 District government agencies, that remain available for

7 obligation or expenditure in fiscal year 2001, or provided

8 from any accounts in the Treasury of the United States

9 derived by the collection of fees available to the agencies

10 funded by this Act, shall be available for obligation or ex11 penditure for an agency through a reprogramming of

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

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

14 or changes allocations specifically denied, limited or in15 creased by Congress in this Act; (4) increases funds or

16 personnel by any means for any program, project, or re17 sponsibility center for which funds have been denied or

18 restricted; (5) reestablishes through reprogramming any

19 program or project previously deferred through re20 programming; (6) augments existing programs, projects,

21 or responsibility centers through a reprogramming of

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

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

24 assigned to a specific program, project or responsibility

25 center; unless the Committees on Appropriations of both
48

HR 5633 CPH

1 the Senate and House of Representatives are notified in

2 writing 30 days in advance of any reprogramming as set

3 forth in this section.

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

5 be available for obligation or expenditure for an agency

6 through a reprogramming of funds which transfers any

7 local funds from one appropriation to another unless the

8 Committees on Appropriations of the Senate and House

9 of Representatives are notified in writing 30 days in ad10 vance of the transfer, except that in no event may the

11 amount of any funds transferred exceed two percent of

12 the local funds in the appropriation.

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

14 1301(a), appropriations under this Act shall be applied

15 only to the objects for which the appropriations were made

16 except as otherwise provided by law.

17 SEC. 113. Notwithstanding any other provisions of

18 law, the provisions of the District of Columbia Govern19 ment Comprehensive Merit Personnel Act of 1978 (D.C.

20 Law 2–139; D.C. Code, sec. 1–601.1 et seq.), enacted pur21 suant to section 422(3) of the District of Columbia Home

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

23 sec. 1–242(3)), shall apply with respect to the compensa24 tion of District of Columbia employees: Provided, That for

25 pay purposes, employees of the District of Columbia gov-
49

HR 5633 CPH

1 ernment shall not be subject to the provisions of title 5,

2 United States Code.

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

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

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

6 Council of the District of Columbia the new fiscal year

7 2001 revenue estimates as of the end of the first quarter

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

9 budget request for the fiscal year ending September 30,

10 2002. The officially revised estimates at midyear shall be

11 used for the midyear report.

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

13 of Columbia government or any agency thereof may be re14 newed or extended without opening that contract to the

15 competitive bidding process as set forth in section 303 of

16 the District of Columbia Procurement Practices Act of

17 1985 (D.C. Law 6–85; D.C. Code, sec. 1–1183.3), except

18 that the District of Columbia government or any agency

19 thereof may renew or extend sole source contracts for

20 which competition is not feasible or practical: Provided,

21 That the determination as to whether to invoke the com22 petitive bidding process has been made in accordance with

23 duly promulgated rules and procedures and said deter24 mination has been reviewed and approved by the District
50

HR 5633 CPH

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
51

HR 5633 CPH

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.
52

HR 5633 CPH

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:

20 ‘‘(A) NOTICE REQUIREMENT FOR PRO21 CUREMENT CONTRACTS.—

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

23 of an emergency (as determined by the eli24 gible chartering authority of a public char25 ter school), with respect to any procure-
53

HR 5633 CPH

1 ment contract proposed to be awarded by

2 the public charter school and having a

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

4 school shall publish a notice of a request

5 for proposals in the District of Columbia

6 Register and newspapers of general cir7 culation not less than 7 days prior to the

8 award of the contract.

9 ‘‘(ii) EXCEPTION FOR CERTAIN CON10 TRACTS.—The notice requirement of clause

11 (i) shall not apply with respect to any con12 tract for the lease or purchase of real

13 property by a public charter school, any

14 employment contract for a staff member of

15 a public charter school, or any manage16 ment contract entered into by a public

17 charter school and the management com18 pany designated in its charter or its peti19 tion for a revised charter.’’.

20 (2) SUBMISSION OF CONTRACTS TO ELIGIBLE

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

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

23 amended—
54

HR 5633 CPH

1 (A) in the heading, by striking ‘‘AUTHOR2 ITY’’ and inserting ‘‘ELIGIBLE CHARTERING AU3 THORITY’’;

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

5 and inserting ‘‘eligible chartering authority’’;

6 and

7 (C) by amending clause (ii) to read as fol8 lows:

9 ‘‘(ii) EFFECTIVE DATE OF CON10 TRACT.—A contract described in subpara11 graph (A) shall become effective on the

12 date that is 10 days after the date the

13 school makes the submission under clause

14 (i) with respect to the contract, or the ef15 fective date specified in the contract,

16 whichever is later.’’.

17 (b) CLARIFICATION OF APPLICATION OF SCHOOL RE18 FORM ACT.—

19 (1) WAIVER OF DUPLICATE AND CONFLICTING

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

21 2853.20, D.C. Code) is amended by adding at the

22 end the following new subsection:

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

24 CONFLICTING PROVISIONS.—Notwithstanding any other

25 provision of law, and except as otherwise provided in this
55

HR 5633 CPH

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

2 administration, or operation of public charter schools in

3 the District of Columbia shall apply with respect to a pub4 lic charter school or an eligible chartering authority to the

5 extent that the provision duplicates or is inconsistent with

6 any provision of this title.’’.

7 (2) EFFECTIVE DATE.—The amendments made

8 by this subsection shall take effect as if included in

9 the enactment of the District of Columbia School

10 Reform Act of 1995.

11 (c) LICENSING REQUIREMENTS FOR PRESCHOOL OR

12 PREKINDERGARTEN PROGRAMS.—

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

14 (sec. 31–2853.14(c), D.C. Code) is amended by add15 ing at the end the following new paragraph:

16 ‘‘(18) LICENSING AS CHILD DEVELOPMENT

17 CENTER.—A public charter school which offers a

18 preschool or prekindergarten program shall be sub19 ject to the same child care licensing requirements (if

20 any) which apply to a District of Columbia public

21 school which offers such a program.’’.

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

23 2202 of such Act (sec. 31–2853.12, D.C. Code) is

24 amended by striking clause (17).
56

HR 5633 CPH

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

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

3 ‘‘(17),’’.

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

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

6 amended by adding at the end the following new sub7 section:

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

9 school may assign any payments made to the school under

10 this section to a financial institution for use as collateral

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

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

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

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

15 at the end the following new subsection:

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

17 ‘‘(1) IN GENERAL.—Notwithstanding any provi18 sion of this Act or any other provision of law, a pub19 lic charter school may acquire goods and services

20 through the General Services Administration and

21 may participate in programs of the Administration

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

23 entity of the District of Columbia government.

24 ‘‘(2) PARTICIPATION BY CERTAIN ORGANIZA25 TIONS.—A public charter school may delegate to a
57

HR 5633 CPH

1 nonprofit, tax-exempt organization in the District of

2 Columbia the public charter school’s authority under

3 paragraph (1).’’.

4 SEC. 121. REPORTING REQUIREMENTS FOR THE

5 DISTRICT OF COLUMBIA PUBLIC SCHOOLS AND THE UNI6 VERSITY OF THE DISTRICT OF COLUMBIA. (a) The Super7 intendent of the District of Columbia Public Schools

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

9 (UDC) shall each submit to the Committees on Appropria10 tions of the House of Representatives and Senate, the

11 Committee on Government Reform of the House of Rep12 resentatives, and the Committee on Governmental Affairs

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

14 end of each quarter a report that sets forth—

15 (1) current quarter expenditures and obliga16 tions, year-to-date expenditures and obligations, and

17 total fiscal year expenditure projections versus budg18 et broken out on the basis of control center, respon19 sibility center, and object class, and for all funds,

20 non-appropriated funds, and capital financing;

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

22 frozen and the amount of funds frozen, broken out

23 by control center, responsibility center, detailed ob24 ject, and for all funding sources;
58

HR 5633 CPH

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

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

3 contractor; the budget to which the contract is

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

5 responsibility center, and agency reporting code; and

6 contract identifying codes used by DCPS and UDC;

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

8 the total amount of the contract and total payments

9 made for the contract and any modifications, exten10 sions, renewals; and specific modifications made to

11 each contract in the last month;

12 (4) all reprogramming requests and reports

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

14 the Board of Education;

15 (5) all reprogramming requests and reports

16 that have been made by UDC within the last quarter

17 in compliance with applicable law; and

18 (6) changes made in the last quarter to the or19 ganizational structure of DCPS and UDC, dis20 playing for each entity previous and current control

21 centers and responsibility centers, the names of the

22 organizational entities that have been changed, the

23 name of the staff member supervising each entity af24 fected, and the reasons for the structural change.
59

HR 5633 CPH

1 (b) The Superintendent of DCPS and UDC shall an2 nually compile an accurate and verifiable report on the

3 positions and employees in the public school system and

4 the university, respectively. The annual report shall—

5 (1) set forth the number of validated schedule

6 A positions in the District of Columbia public

7 schools and UDC for fiscal year 2001, and there8 after on full-time equivalent basis, including a com9 pilation of all positions by control center, responsi10 bility center, funding source, position type, position

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

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

13 the District of Columbia public schools and UDC as

14 of the preceding December 31, verified as to its ac15 curacy in accordance with the functions that each

16 employee actually performs, by control center, re17 sponsibility center, agency reporting code, program

18 (including funding source), activity, location for ac19 counting purposes, job title, grade and classification,

20 annual salary, and position control number; and

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

22 the District of Columbia Council, the Consensus

23 Commission, and the Authority, not later than Feb24 ruary 15 of each year.
60

HR 5633 CPH

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

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

3 whichever occurs later, and each succeeding year, the Su4 perintendent of DCPS and UDC shall submit to the ap5 propriate congressional committees, the Mayor, the Dis6 trict of Columbia Council, the Consensus Commission, and

7 the District of Columbia Financial Responsibility and

8 Management Assistance Authority, a revised appropriated

9 funds operating budget for the public school system and

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

11 of the approved appropriation and that realigns budgeted

12 data for personal services and other-than-personal serv13 ices, respectively, with anticipated actual expenditures;

14 and (2) that is in the format of the budget that the Super15 intendent of DCPS and UDC submit to the Mayor of the

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

17 submission to the Council of the District of Columbia pur18 suant to section 442 of the District of Columbia Home

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

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

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

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

23 attorney who defends any action, including an administra24 tive proceeding, brought against the District of Columbia
61

HR 5633 CPH

1 Public Schools under the Individuals with Disabilities

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

3 (1) the hourly rate of compensation of the at4 torney exceeds 250 percent of the hourly rate of

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

6 Columbia Code; or

7 (2) the maximum amount of compensation of

8 the attorney exceeds 250 percent of the maximum

9 amount of compensation under section 11–

10 2604(b)(1), District of Columbia Code, except that

11 compensation and reimbursement in excess of such

12 maximum may be approved for extended or complex

13 representation in accordance with section 11–

14 2604(c), District of Columbia Code; and

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

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

17 (b) Notwithstanding the preceding subsection, if the

18 Mayor and the Superintendent of the District of Columbia

19 Public Schools concur in a Memorandum of Under20 standing setting forth a new rate and amount of com21 pensation, then such new rates shall apply in lieu of the

22 rates set forth in the preceding subsection to both the at23 torney who represents the prevailing party and the attor24 ney who defends the action.
62

HR 5633 CPH

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

2 Act shall be expended for any abortion except where the

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

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

5 an act of rape or incest.

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

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

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

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

10 enforce any system of registration of unmarried, cohab11 iting couples (whether homosexual, heterosexual, or les12 bian), including but not limited to registration for the pur13 pose of extending employment, health, or governmental

14 benefits to such couples on the same basis that such bene15 fits are extended to legally married couples.

16 SEC. 125. The District of Columbia Financial Re17 sponsibility and Management Assistance Authority, acting

18 on behalf of the District of Columbia Public Schools

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

20 Trustees of the University of the District of Columbia, the

21 Board of Library Trustees, and the Board of Governors

22 of the University of the District of Columbia School of

23 Law shall vote on and approve the respective annual or

24 revised budgets for such entities before submission to the

25 Mayor of the District of Columbia for inclusion in the
63

HR 5633 CPH

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

2 of Columbia in accordance with section 442 of the District

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

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

5 budgets directly to the Council.

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

7 NOT INCLUDED IN CEILING.—

8 (1) IN GENERAL.—Notwithstanding any other

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

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

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

12 Financial Responsibility and Management Assistance

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

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

15 and other grants received by the District govern16 ment that are not reflected in the amounts appro17 priated in this Act.

18 (2) REQUIREMENT OF CHIEF FINANCIAL OFFI19 CER REPORT AND AUTHORITY APPROVAL.—No such

20 Federal, private, or other grant may be accepted, ob21 ligated, or expended pursuant to paragraph (1)

22 until—

23 (A) the Chief Financial Officer of the Dis24 trict of Columbia submits to the Authority a re-
64

HR 5633 CPH

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

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

6 and approval procedures consistent with the

7 provisions of the District of Columbia Financial

8 Responsibility and Management Assistance Act

9 of 1995.

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

12 be obligated or expended from the general fund or

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

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

17 or other grant not subject to such paragraph.

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

20 a quarterly report setting forth detailed information

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

23 submitted to the Council of the District of Columbia,

24 and to the Committees on Appropriations of the

25 House of Representatives and the Senate, not later
65

HR 5633 CPH

1 than 15 days after the end of the quarter covered

2 by the report.

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

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

7 shall submit a report to the Committees on Appropriations

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

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

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

15 or goods provided with respect to the expenditures of such

16 funds.

17 SEC. 127. If a department or agency of the govern18 ment of the District of Columbia is under the administra19 tion of a court-appointed receiver or other court-appointed

20 official during fiscal year 2001 or any succeeding fiscal

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

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

24 expenditures and appropriations necessary for the mainte25 nance and operation of the department or agency. All such
66

HR 5633 CPH

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

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

3 District of Columbia Home Rule Act, without revision but

4 subject to the Mayor’s recommendations. Notwithstanding

5 any provision of the District of Columbia Home Rule Act

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

8 estimates but shall have no authority under such Act to

9 revise such estimates.

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

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

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

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

14 of the District of Columbia with an official vehicle unless

15 the officer or employee uses the vehicle only in the per16 formance of the officer’s or employee’s official duties. For

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

18 not include travel between the officer’s or employee’s resi19 dence and workplace (except: (1) in the case of an officer

20 or employee of the Metropolitan Police Department who

21 resides in the District of Columbia or is otherwise des22 ignated by the Chief of the Department; (2) at the discre23 tion of the Fire Chief, an officer or employee of the Dis24 trict of Columbia Fire and Emergency Medical Services

25 Department who resides in the District of Columbia and
67

HR 5633 CPH

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

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

3 District of Columbia).

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

5 Officer of the District of Columbia shall submit, by No6 vember 15, 2000, an inventory, as of September 30, 2000,

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

8 of Columbia government. The inventory shall include, but

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

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

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

12 operating and maintenance costs; current mileage; and

13 whether the vehicle is allowed to be taken home by a Dis14 trict officer or employee and if so, the officer or employee’s

15 title and resident location.

16 SEC. 129. (a) SOURCE OF PAYMENT FOR EMPLOY17 EES DETAILED WITHIN GOVERNMENT.—For purposes of

18 determining the amount of funds expended by any entity

19 within the District of Columbia government during fiscal

20 year 2001 and each succeeding fiscal year, any expendi21 tures of the District government attributable to any officer

22 or employee of the District government who provides serv23 ices which are within the authority and jurisdiction of the

24 entity (including any portion of the compensation paid to

25 the officer or employee attributable to the time spent in
68

HR 5633 CPH

1 providing such services) shall be treated as expenditures

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

3 the officer or employee is assigned to the entity or other4 wise treated as an officer or employee of the entity.

5 (b) MODIFICATION OF REDUCTION IN FORCE PROCE6 DURES.—Section 2408 of the District of Columbia Gov7 ernment Comprehensive Merit Personnel Act of 1978, ef8 fective March 3, 1979 (D.C. Law 2–139; D.C. Code, sec.

9 1–625.7), is amended as follows:

10 (1) Subsection (a) is amended by striking ‘‘Sep11 tember 30, 2000’’ and inserting ‘‘September 30,

12 2000, and each subsequent fiscal year’’.

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

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

15 February 1 of each year’’.

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

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

18 year’’.

19 (4) Subsection (k) is amended by striking ‘‘Sep20 tember 1, 2000’’ and inserting ‘‘September 1 of each

21 year’’.

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

23 government (including any independent agency of the Dis24 trict but excluding the District of Columbia Financial Re25 sponsibility and Management Assistance Authority, the
69

HR 5633 CPH

1 Metropolitan Police Department, and the Office of the

2 Chief Technology Officer) may enter into an agreement

3 in excess of $2,500 for the procurement of goods or serv4 ices on behalf of any entity of the District government

5 until the officer or employee has conducted an analysis

6 of how the procurement of the goods and services involved

7 under the applicable regulations and procedures of the

8 District government would differ from the procurement of

9 the goods and services involved under the Federal supply

10 schedule and other applicable regulations and procedures

11 of the General Services Administration, including an anal12 ysis of any differences in the costs to be incurred and the

13 time required to obtain the goods or services.

14 SEC. 130. Notwithstanding any other provision of

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

16 of Columbia Public Schools (DCPS) student is referred

17 for evaluation or assessment—

18 (1) the District of Columbia Board of Edu19 cation, or its successor, and DCPS shall assess or

20 evaluate a student who may have a disability and

21 who may require special education services; and

22 (2) if a student is classified as having a dis23 ability, as defined in section 101(a)(1) of the Indi24 viduals with Disabilities Education Act (84 Stat.

25 175; 20 U.S.C. 1401(a)(1)) or in section 7(8) of the
70

HR 5633 CPH

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

2 706(8)), the Board and DCPS shall place that stu3 dent in an appropriate program of special education

4 services.

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

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

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

8 expending the funds the entity will comply with the Buy

9 American Act (41 U.S.C. 10a–10c).

10 (b) SENSE OF THE CONGRESS; REQUIREMENT RE11 GARDING NOTICE.—

12 (1) PURCHASE OF AMERICAN-MADE EQUIPMENT

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

14 product that may be authorized to be purchased

15 with financial assistance provided using funds made

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

17 that entities receiving the assistance should, in ex18 pending the assistance, purchase only American19 made equipment and products to the greatest extent

20 practicable.

21 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—

22 In providing financial assistance using funds made

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

24 Federal or District of Columbia government shall

25 provide to each recipient of the assistance a notice
71

HR 5633 CPH

1 describing the statement made in paragraph (1) by

2 the Congress.

3 (c) PROHIBITION OF CONTRACTS WITH PERSONS

4 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

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

6 agency that any person intentionally affixed a label bear7 ing a ‘‘Made in America’’ inscription, or any inscription

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

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

10 States, the person shall be ineligible to receive any con11 tract or subcontract made with funds made available in

12 this Act, pursuant to the debarment, suspension, and ineli13 gibility procedures described in sections 9.400 through

14 9.409 of title 48, Code of Federal Regulations.

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

16 may be used for purposes of the annual independent audit

17 of the District of Columbia government (including the Dis18 trict of Columbia Financial Responsibility and Manage19 ment Assistance Authority) for fiscal year 2001 unless—

20 (1) the audit is conducted by the Inspector

21 General of the District of Columbia pursuant to sec22 tion 208(a)(4) of the District of Columbia Procure23 ment Practices Act of 1985 (D.C. Code, sec. 1–

24 1182.8(a)(4)); and
72

HR 5633 CPH

1 (2) the audit includes a comparison of audited

2 actual year-end results with the revenues submitted

3 in the budget document for such year and the appro4 priations enacted into law for such year.

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

6 may be used by the District of Columbia Corporation

7 Counsel or any other officer or entity of the District gov8 ernment to provide assistance for any petition drive or civil

9 action which seeks to require Congress to provide for vot10 ing representation in Congress for the District of Colum11 bia.

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

13 may be used to transfer or confine inmates classified above

14 the medium security level, as defined by the Federal Bu15 reau of Prisons classification instrument, to the Northeast

16 Ohio Correctional Center located in Youngstown, Ohio.

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

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

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

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

21 Inspector General of the District of Columbia shall audit

22 the financial statements of the District of Columbia High23 way Trust Fund for the preceding fiscal year and shall

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

25 Not later than May 31, 2001, and each May 31 thereafter,
73

HR 5633 CPH

1 the Inspector General shall examine the statements fore2 casting the conditions and operations of the Trust Fund

3 for the next five fiscal years commencing on the previous

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

5 results of such examination.’’.

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

7 30 calendar days after the date of the enactment of this

8 Act, whichever occurs later, the Chief Financial Officer

9 of the District of Columbia shall submit to the appropriate

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

11 Columbia Financial Responsibility and Management As12 sistance Authority a revised appropriated funds operating

13 budget in the format of the budget that the District of

14 Columbia government submitted pursuant to section 442

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

16 93–198; D.C. Code, sec. 47–301), for all agencies of the

17 District of Columbia government for such fiscal year that

18 is in the total amount of the approved appropriation and

19 that realigns all budgeted data for personal services and

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

21 actual expenditures.

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

23 Act may be used for any program of distributing sterile

24 needles or syringes for the hypodermic injection of any ille25 gal drug.
74

HR 5633 CPH

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

2 contained in this Act and who carries out any program

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

4 for such program separately from any funds contained in

5 this Act.

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

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

8 of the enactment of this Act, none of the funds contained

9 in this Act may be used to make rental payments under

10 a lease for the use of real property by the District of Co11 lumbia government (including any independent agency of

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

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

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

15 Mayor for Economic Development, in an indexed registry

16 available for public inspection.

17 (b) ADDITIONAL RESTRICTIONS ON CURRENT

18 LEASES.—

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

20 60-day period that begins on the date of the enact21 ment of this Act, in the case of a lease described in

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

23 Act may be used to make rental payments under the

24 lease unless the lease is included in periodic reports

25 submitted by the Mayor and Council of the District
75

HR 5633 CPH

1 of Columbia to the Committees on Appropriations of

2 the House of Representatives and Senate describing

3 for each such lease the following information:

4 (A) The location of the property involved,

5 the name of the owners of record according to

6 the land records of the District of Columbia,

7 the name of the lessors according to the lease,

8 the rate of payment under the lease, the period

9 of time covered by the lease, and the conditions

10 under which the lease may be terminated.

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

12 is not occupied by the District of Columbia gov13 ernment as of the end of the reporting period

14 involved.

15 (C) If the property is not occupied and uti16 lized by the District government as of the end

17 of the reporting period involved, a plan for oc18 cupying and utilizing the property (including

19 construction or renovation work) or a status

20 statement regarding any efforts by the District

21 to terminate or renegotiate the lease.

22 (2) TIMING OF REPORTS.—The reports de23 scribed in paragraph (1) shall be submitted for each

24 calendar quarter (beginning with the quarter ending

25 December 31, 2000) not later than 20 days after the
76

HR 5633 CPH

1 end of the quarter involved, plus an initial report

2 submitted not later than 60 days after the date of

3 the enactment of this Act, which shall provide infor4 mation as of the date of the enactment of this Act.

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

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

7 the enactment of this Act for the use of real prop8 erty by the District of Columbia government (includ9 ing any independent agency of the District) which is

10 not being occupied by the District government (in11 cluding any independent agency of the District) as

12 of such date or during the 60-day period which be13 gins on the date of the enactment of this Act.

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

15 GOVERNMENT PROPERTY.—Upon the expiration of the

16 60-day period that begins on the date of the enactment

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

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

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

20 District of Columbia government (including any inde21 pendent agency of the District) or to purchase real prop22 erty for the use of the District of Columbia government

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

24 manage real property for the use of the District of Colum-
77

HR 5633 CPH

1 bia (including any independent agency of the District) un2 less the following conditions are met:

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

4 Columbia certify to the Committees on Appropria5 tions of the House of Representatives and Senate

6 that existing real property available to the District

7 (whether leased or owned by the District govern8 ment) is not suitable for the purposes intended.

9 (2) Notwithstanding any other provisions of

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

11 property of the District of Columbia that the Mayor

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

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

14 members of the Council override the Mayor’s deter15 mination during the 30-day period which begins on

16 the date the determination is published.

17 (3) The Mayor and Council implement a pro18 gram for the periodic survey of all District property

19 to determine if it is surplus to the needs of the Dis20 trict.

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

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

23 the Committees on Appropriations of the House of

24 Representatives and Senate, the Committee on Gov25 ernment Reform of the House of Representatives,
78

HR 5633 CPH

1 and the Committee on Governmental Affairs of the

2 Senate a report which provides a comprehensive plan

3 for the management of District of Columbia real

4 property assets, and are proceeding with the imple5 mentation of the plan.

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

7 of Columbia enacts legislation to reform the practices and

8 procedures governing the entering into of leases for the

9 use of real property by the District of Columbia govern10 ment and the disposition of surplus real property of the

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

12 cease to be effective upon the effective date of the legisla13 tion.

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

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

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

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

18 the District of Columbia government (including the Dis19 trict of Columbia Financial Responsibility and Manage20 ment Assistance Authority and any independent agency of

21 the District) who has not filed a certification with the

22 Mayor and the Chief Financial Officer of the District of

23 Columbia that the officer understands the duties and re24 strictions applicable to the officer and the officer’s agency

25 as a result of this Act (and the amendments made by this
79

HR 5633 CPH

1 Act), including any duty to prepare a report requested ei2 ther in the Act or in any of the reports accompanying the

3 Act and the deadline by which each report must be sub4 mitted, and the District’s Chief Financial Officer shall

5 provide to the Committees on Appropriations of the Sen6 ate and the House of Representatives by the 10th day

7 after the end of each quarter a summary list showing each

8 report, the due date and the date submitted to the Com9 mittees.

10 SEC. 141. The proposed budget of the government

11 of the District of Columbia for fiscal year 2002 that is

12 submitted by the District to Congress shall specify poten13 tial adjustments that might become necessary in the event

14 that the operational improvements savings, including man15 aged competition, and management reform savings

16 achieved by the District during the year do not meet the

17 level of management savings projected by the District

18 under the proposed budget.

19 SEC. 142. In submitting any document showing the

20 budget for an office of the District of Columbia govern21 ment (including an independent agency of the District)

22 that contains a category of activities labeled as ‘‘other’’,

23 ‘‘miscellaneous’’, or a similar general, nondescriptive term,

24 the document shall include a description of the types of
80

HR 5633 CPH

1 activities covered in the category and a detailed breakdown

2 of the amount allocated for each such activity.

3 SEC. 143. (a) None of the funds contained in this

4 Act may be used to enact or carry out any law, rule, or

5 regulation to legalize or otherwise reduce penalties associ6 ated with the possession, use, or distribution of any sched7 ule I substance under the Controlled Substances Act (21

8 U.S.C. 802) or any tetrahydrocannabinols derivative.

9 (b) The Legalization of Marijuana for Medical Treat10 ment Initiative of 1998, also known as Initiative 59, ap11 proved by the electors of the District of Columbia on No12 vember 3, 1998, shall not take effect.

13 SEC. 144. Notwithstanding any other provision of

14 law, the Mayor of the District of Columbia is hereby solely

15 authorized to allocate the District’s limitation amount of

16 qualified zone academy bonds (established pursuant to 26

17 U.S.C. 1397E) among qualified zone academies within the

18 District.

19 SEC. 145. (a) Section 11232 of the Balanced Budget

20 Act of 1997 (sec. 24–1232, D.C. Code) is amended—

21 (1) by redesignating subsections (f) through (i)

22 as subsections (g) through (j); and

23 (2) by inserting after subsection (e) the fol24 lowing new subsection:

25 ‘‘(f) TREATMENT AS FEDERAL EMPLOYEES.—
81

HR 5633 CPH

1 ‘‘(1) IN GENERAL.—The Trustee and employees

2 of the Trustee who are not covered under subsection

3 (e) shall be treated as employees of the Federal Gov4 ernment solely for purposes of the following provi5 sions of title 5, United States Code:

6 ‘‘(A) Chapter 83 (relating to retirement).

7 ‘‘(B) Chapter 84 (relating to the Federal

8 Employees’ Retirement System).

9 ‘‘(C) Chapter 87 (relating to life insur10 ance).

11 ‘‘(D) Chapter 89 (relating to health insur12 ance).

13 ‘‘(2) EFFECTIVE DATES OF COVERAGE.—The

14 effective dates of coverage of the provisions of para15 graph (1) are as follows:

16 ‘‘(A) In the case of the Trustee and em17 ployees of the Office of the Trustee and the Of18 fice of Adult Probation, August 5, 1997, or the

19 date of appointment, whichever is later.

20 ‘‘(B) In the case of employees of the Office

21 of Parole, October 11, 1998, or the date of ap22 pointment, whichever is later.

23 ‘‘(C) In the case of employees of the Pre24 trial Services Agency, January 3, 1999, or the

25 date of appointment, whichever is later.
82

HR 5633 CPH

1 ‘‘(3) RATE OF CONTRIBUTIONS.—The Trustee

2 shall make contributions under the provisions re3 ferred to in paragraph (1) at the same rates applica4 ble to agencies of the Federal Government.

5 ‘‘(4) REGULATIONS.—The Office of Personnel

6 Management shall issue such regulations as are nec7 essary to carry out this subsection.’’.

8 (b) The amendment made by subsection (a) shall take

9 effect as if included in the enactment of title XI of the

10 Balanced Budget Act of 1997.

11 SEC. 146. It is the sense of the Congress that the

12 District of Columbia Financial Responsibility and Man13 agement Assistance Authority should quickly complete the

14 sale of the Franklin School property, a property which has

15 been vacant for over 20 years.

16 SEC. 147. Nothing in this Act may be construed to

17 prevent the Council or Mayor of the District of Columbia

18 from addressing the issue of the provision of contraceptive

19 coverage by health insurance plans, but it is the intent

20 of Congress that any legislation enacted on such issue

21 should include a ‘‘conscience clause’’ which provides excep22 tions for religious beliefs and moral convictions.

23 SEC. 148. (a) Chapter 23 of title 11, District of Co24 lumbia, is hereby repealed.
83

HR 5633 CPH

1 (b) The table of chapters for title 11, District of Co2 lumbia, is amended by striking the item relating to chap3 ter 23.

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

5 effect on the date on which legislation enacted by the

6 Council of the District of Columbia to establish the Office

7 of the Chief Medical Examiner in the executive branch of

8 the government of the District of Columbia takes effect.

9 PROMPT PAYMENT OF APPOINTED COUNSEL

10 SEC. 149. (a) ASSESSMENT OF INTEREST FOR DE11 LAYED PAYMENTS.—If the Superior Court of the District

12 of Columbia or the District of Columbia Court of Appeals

13 does not make a payment described in subsection (b) prior

14 to the expiration of the 45-day period which begins on the

15 date the Court receives a completed voucher for a claim

16 for the payment, interest shall be assessed against the

17 amount of the payment which would otherwise be made

18 to take into account the period which begins on the day

19 after the expiration of such 45-day period and which ends

20 on the day the Court makes the payment.

21 (b) PAYMENTS DESCRIBED.—A payment described in

22 this subsection is—

23 (1) a payment authorized under section 11–

24 2604 and section 11–2605, D.C. Code (relating to

25 representation provided under the District of Colum26 bia Criminal Justice Act);
84

HR 5633 CPH

1 (2) a payment for counsel appointed in pro2 ceedings in the Family Division of the Superior

3 Court of the District of Columbia under chapter 23

4 of title 16, D.C. Code; or

5 (3) a payment for counsel authorized under sec6 tion 21–2060, D.C. Code (relating to representation

7 provided under the District of Columbia Guardian8 ship, Protective Proceedings, and Durable Power of

9 Attorney Act of 1986).

10 (c) STANDARDS FOR SUBMISSION OF COMPLETED

11 VOUCHERS.—The chief judges of the Superior Court of

12 the District of Columbia and the District of Columbia

13 Court of Appeals shall establish standards and criteria for

14 determining whether vouchers submitted for claims for

15 payments described in subsection (b) are complete, and

16 shall publish and make such standards and criteria avail17 able to attorneys who practice before such Courts.

18 (d) RULE OF CONSTRUCTION.—Nothing in this sec19 tion shall be construed to require the assessment of inter20 est against any claim (or portion of any claim) which is

21 denied by the Court involved.

22 (e) EFFECTIVE DATE.—This section shall apply with

23 respect to claims received by the Superior Court of the

24 District of Columbia or the District of Columbia Court
85

HR 5633 CPH

1 of Appeals after the expiration of the 90-day period which

2 begins on the date of the enactment of this Act.

3 SEC. 150. (a) Effective 120 days after the date of

4 the enactment of this Act, it shall be unlawful for any

5 person to distribute any needle or syringe for the hypo6 dermic injection of any illegal drug in any area of the Dis7 trict of Columbia which is within 1000 feet of a public

8 or private elementary or secondary school (including a

9 public charter school). It is stipulated that based on a sur10 vey by the Metropolitan Police Department of the District

11 of Columbia that sites at 4th Street Northeast and Rhode

12 Island Avenue Northeast, Southern Avenue Southeast and

13 Central Avenue Southeast, 1st Street Southeast and M

14 Street Southeast, 21st Street Northeast and H Street

15 Northeast, Minnesota Avenue Northeast and Clay Place

16 Northeast, and 15th Street Southeast and Ives Street

17 Southeast are outside the 1000-foot perimeter. Sites at

18 North Capitol Street and New York Avenue Northeast,

19 Division Avenue Northeast and Foote Street Northeast,

20 Georgia Avenue Northwest and New Hampshire Avenue

21 Northwest, and 15th Street Northeast and A Street

22 Northeast are found to be within the 1000-foot perimeter.

23 (b) The Public Housing Police of the District of Co24 lumbia Housing Authority shall prepare a monthly report

25 on activity involving illegal drugs at or near any public
86

HR 5633 CPH

1 housing site where a needle exchange program is con2 ducted, and shall submit such reports to the Executive Di3 rector of the District of Columbia Housing Authority, who

4 shall submit them to the Committees on Appropriations

5 of the House of Representatives and Senate. The Execu6 tive Director shall ascertain any concerns of the residents

7 of any public housing site about any needle exchange pro8 gram conducted on or near the site, and this information

9 shall be included in these reports. The District of Colum10 bia Government shall take appropriate action to require

11 relocation of any such program if so recommended by the

12 police or by a significant number of residents of such site.

13 FEDERAL CONTRIBUTION FOR ENFORCEMENT OF LAW

14 BANNING POSSESSION OF TOBACCO PRODUCTS BY

15 MINORS

16 SEC. 151. (a) CONTRIBUTION.—There is hereby ap17 propriated a Federal contribution of $100,000 to the Met18 ropolitan Police Department of the District of Columbia,

19 effective upon the enactment by the District of Columbia

20 of a law which reads as follows:

21 ‘‘SECTION 1. BAN ON POSSESSION OF TOBACCO PRODUCTS

22 BY MINORS.

23 ‘‘(a) IN GENERAL.—It shall be unlawful for any indi24 vidual under 18 years of age to possess any cigarette or

25 other tobacco product in the District of Columbia.

26 ‘‘(b) EXCEPTIONS.—
87

HR 5633 CPH

1 ‘‘(1) POSSESSION IN COURSE OF EMPLOY2 MENT.—Subsection (a) shall not apply with respect

3 to an individual making a delivery of cigarettes or

4 tobacco products in pursuance of employment.

5 ‘‘(2) PARTICIPATION IN LAW ENFORCEMENT

6 OPERATION.—Subsection (a) shall not apply with re7 spect to an individual possessing products in the

8 course of a valid, supervised law enforcement oper9 ation.

10 ‘‘(c) PENALTIES.—Any individual who violates sub11 section (a) shall be subject to the following penalties:

12 ‘‘(1) For any violation, the individual may be

13 required to perform community service or attend a

14 tobacco cessation program.

15 ‘‘(2) Upon the first violation, the individual

16 shall be subject to a civil penalty not to exceed $50.

17 ‘‘(3) Upon the second and each subsequent vio18 lation, the individual shall be subject to a civil pen19 alty not to exceed $100.

20 ‘‘(4) Upon the third and each subsequent viola21 tion, the individual may have his or her driving

22 privileges in the District of Columbia suspended for

23 a period of 90 consecutive days.’’.

24 (b) USE OF CONTRIBUTION.—The Metropolitan Po25 lice Department shall use the contribution made under
88

HR 5633 CPH

1 subsection (a) to enforce the law referred to in such sub2 section.

3 SEC. 152. Nothing in this Act bars the District of

4 Columbia Corporation Counsel from reviewing or com5 menting on briefs in private lawsuits, or from consulting

6 with officials of the District government regarding such

7 lawsuits.

8 SEC. 153. (a) Nothing in the Federal Grant and Co9 operative Agreements Act of 1977 (31 U.S.C. 6301 et

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

11 the Environmental Protection Agency from negotiating

12 and entering into cooperative agreements and grants au13 thorized by law which affect real property of the Federal

14 Government in the District of Columbia if the principal

15 purpose of the cooperative agreement or grant is to pro16 vide comparable benefits for Federal and non-Federal

17 properties in the District of Columbia.

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

19 year 2001 and each succeeding fiscal year.

20 SEC. 154. (a) IN GENERAL.—The District of Colum21 bia Home Rule Act, as amended by section 159(a) of this

22 Act, is further amended by inserting after section 450A

23 the following new section:

24 ‘‘COMPREHENSIVE FINANCIAL MANAGEMENT POLICY

25 ‘‘SEC. 450B. (a) COMPREHENSIVE FINANCIAL MAN26 AGEMENT POLICY.—The District of Columbia shall con-
89

HR 5633 CPH

1 duct its financial management in accordance with a com2 prehensive financial management policy.

3 ‘‘(b) CONTENTS OF POLICY.—The comprehensive fi4 nancial management policy shall include, but not be lim5 ited to, the following:

6 ‘‘(1) A cash management policy.

7 ‘‘(2) A debt management policy.

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

9 ‘‘(4) An emergency reserve management policy

10 in accordance with section 450A(a).

11 ‘‘(5) A contingency reserve management policy

12 in accordance with section 450A(b).

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

14 exemptions for the District of Columbia.

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

16 management policy shall be reviewed at the end of each

17 fiscal year by the Chief Financial Officer who shall—

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

19 any proposed changes in the policy to the Mayor and

20 (in the case of a fiscal year which is a control year,

21 as defined in section 305(4) of the District of Co22 lumbia Financial Responsibility and Management

23 Assistance Act of 1995) the District of Columbia Fi24 nancial Responsibility and Management Assistance

25 Authority (Authority) for review;
90

HR 5633 CPH

1 ‘‘(2) not later than August 1 of each year, after

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

4 District of Columbia (Council) for approval; and

5 ‘‘(3) not later than September 1 of each year,

6 notify the Committees on Appropriations of the Sen7 ate and House of Representatives, the Committee on

8 Government Reform of the House of Representa9 tives, and the Committee on Governmental Affairs of

10 the Senate of any changes enacted by the Council.

11 ‘‘(d) PROCEDURE FOR DEVELOPMENT OF FIRST

12 COMPREHENSIVE FINANCIAL MANAGEMENT POLICY.—

13 ‘‘(1) CHIEF FINANCIAL OFFICER.—Not later

14 than April 1, 2001, the Chief Financial Officer shall

15 submit to the Mayor an initial proposed comprehen16 sive financial management policy for the District of

17 Columbia pursuant to this section.

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

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

20 Financial Officer shall submit the proposed financial

21 management policy to the Council for its prompt re22 view and adoption.

23 ‘‘(3) AUTHORITY.—Upon adoption of the finan24 cial management policy under paragraph (2), the
91

HR 5633 CPH

1 Council shall immediately submit the policy to the

2 Authority for a review of not to exceed 30 days.

3 ‘‘(4) CONGRESS.—Following review of the fi4 nancial management policy by the Authority under

5 paragraph (3), the Authority shall submit the policy

6 to the Committees on Appropriations of the Senate

7 and House of Representatives, the Committee on

8 Government Reform of the House of Representa9 tives, and the Committee on Governmental Affairs of

10 the Senate for review, and the policy shall take ef11 fect 30 days after the date the policy is submitted

12 under this paragraph.’’.

13 (b) CLERICAL AMENDMENT.—The table of contents

14 for the District of Columbia Home Rule Act is amended

15 by inserting after the item relating to section 450A the

16 following new item:

‘‘Sec. 450B. Comprehensive financial management policy.’’.

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

19 1, 2000.

20 APPOINTMENT AND DUTIES OF CHIEF FINANCIAL

21 OFFICER

22 SEC. 155. (a) APPOINTMENT AND DISMISSAL.—Sec23 tion 424(b) of the District of Columbia Home Rule Act

24 (sec. 47–317.2, D.C. Code) is amended—
92

HR 5633 CPH

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

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

3 the name of the Chief Financial Officer shall be sub4 mitted to the Committees on Appropriations of the

5 Senate and House of Representatives, the Com6 mittee on Governmental Affairs of the Senate, and

7 the Committee on Government Reform of the House

8 of Representatives for a 30-day period of review and

9 comment before the appointment takes effect.’’; and

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

11 at the end and inserting the following: ‘‘upon dis12 missal by the Mayor and approval of that dismissal

by a 2 13 ⁄3 vote of the Council. Upon approval of the

14 dismissal by the Council, notice of the dismissal

15 shall be submitted to the Committees on Appropria16 tions of the Senate and House of Representatives,

17 the Committee on Governmental Affairs of the Sen18 ate, and the Committee on Government Reform of

19 the House of Representatives for a 30-day period of

20 review and comment before the dismissal takes ef21 fect.’’.

22 (b) FUNCTIONS.—

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

24 (sec. 47–317.3, D.C. Code) is amended—
93

HR 5633 CPH

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

2 CONTROL YEAR’’;

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

4 by striking ‘‘During a control year, the Chief

5 Financial Officer’’ and inserting ‘‘The Chief Fi6 nancial Officer’’;

7 (C) in paragraph (1), by striking ‘‘Pre8 paring’’ and inserting ‘‘During a control year,

9 preparing’’;

10 (D) in paragraph (3), by striking ‘‘Assur11 ing’’ and inserting ‘‘During a control year, as12 suring’’;

13 (E) in paragraph (5), by striking ‘‘With

14 the approval’’ and all that follows through ‘‘the

15 Council—’’ and inserting ‘‘Preparing and sub16 mitting to the Mayor and the Council, with the

17 approval of the Authority during a control

18 year—’’;

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

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

21 during a control year)’’; and

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

23 paragraphs:

24 ‘‘(18) Exercising responsibility for the adminis25 tration and supervision of the District of Columbia
94

HR 5633 CPH

1 Treasurer (except that the Chief Financial Officer

2 may delegate any portion of such responsibility as

3 the Chief Financial Officer considers appropriate

4 and consistent with efficiency).

5 ‘‘(19) Administering all borrowing programs of

6 the District government for the issuance of long7 term and short-term indebtedness.

8 ‘‘(20) Administering the cash management pro9 gram of the District government, including the in10 vestment of surplus funds in governmental and non11 governmental interest-bearing securities and ac12 counts.

13 ‘‘(21) Administering the centralized District

14 government payroll and retirement systems.

15 ‘‘(22) Governing the accounting policies and

16 systems applicable to the District government.

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

18 and monthly financial reports of the accounting and

19 financial operations of the District government.

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

21 each fiscal year, preparing the complete financial

22 statement and report on the activities of the District

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

24 Mayor under section 448(a)(4).’’.
95

HR 5633 CPH

1 (2) CONFORMING AMENDMENTS.—Section 424

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

3 amended—

4 (A) by striking subsection (d);

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

6 subsection (d)’’; and

7 (C) by redesignating subsections (e) and

8 (f) as subsections (d) and (e), respectively.

9 SEC. 156. (a) Notwithstanding the provisions of the

10 District of Columbia Government Comprehensive Merit

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

12 601.1 et seq.), or any other District of Columbia law, stat13 ute, regulation, the provisions of the District of Columbia

14 Personnel Manual, or the provisions of any collective bar15 gaining agreement, employees of the District of Columbia

16 government will only receive compensation for overtime

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

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

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

20 U.S.C. § 201 et seq.

21 (b) Subsection (a) of this section shall be effective

22 December 27, 1996. The Resolution and Order of the

23 District of Columbia Financial Responsibility and Man24 agement Assistance Authority, dated December 27, 1996,
96

HR 5633 CPH

1 is hereby ratified and approved and shall be given full

2 force and effect.

3 SEC. 157. (a) IN GENERAL.—Notwithstanding sec4 tion 503 of Public Law 100–71 and as provided in sub5 section (b), the Court Services and Offender Supervision

6 Agency for the District of Columbia (in this section re7 ferred to as the ‘‘agency’’) may implement and administer

8 the Drug Free Workplace Program of the agency, dated

9 July 28, 2000, for employment applicants of the agency.

10 (b) EFFECTIVE PERIOD.—The waiver provided by

11 subsection (a) shall—

12 (1) take effect on enactment; and

13 (2) terminate on the date the Department of

14 Health and Human Services approves the drug pro15 gram of the agency pursuant to section 503 of Pub16 lic Law 100–71 or 12 months after the date referred

17 to in paragraph (1), whichever is later.

18 SEC. 158. Commencing October 1, 2000, the Mayor

19 of the District of Columbia shall submit to the Senate and

20 House Committees on Appropriations, the Senate Govern21 mental Affairs Committee, and the House Government

22 Reform Committee quarterly reports addressing the fol23 lowing issues: (1) crime, including the homicide rate, im24 plementation of community policing, the number of police

25 officers on local beats, and the closing down of open-air
97

HR 5633 CPH

1 drug markets; (2) access to drug abuse treatment, includ2 ing the number of treatment slots, the number of people

3 served, the number of people on waiting lists, and the ef4 fectiveness of treatment programs; (3) management of pa5 rolees and pre-trial violent offenders, including the num6 ber of halfway house escapes and steps taken to improve

7 monitoring and supervision of halfway house residents to

8 reduce the number of escapes to be provided in consulta9 tion with the Court Services and Offender Supervision

10 Agency; (4) education, including access to special edu11 cation services and student achievement to be provided in

12 consultation with the District of Columbia Public Schools;

13 (5) improvement in basic District services, including rat

14 control and abatement; (6) application for and manage15 ment of Federal grants, including the number and type

16 of grants for which the District was eligible but failed to

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

18 District but which the District failed to spend the amounts

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

20 RESERVE FUNDS

21 SEC. 159. (a) ESTABLISHMENT OF RESERVE

22 FUNDS.—

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

24 Home Rule Act is amended by inserting after sec25 tion 450 the following new section:
98

HR 5633 CPH

1 ‘‘RESERVE FUNDS

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

3 ‘‘(1) IN GENERAL.—There is established an

4 emergency cash reserve fund (in this subsection re5 ferred to as the ‘emergency reserve fund’) as an in6 terest-bearing account (separate from other accounts

7 in the General Fund) into which the Mayor shall de8 posit in cash not later than February 15 of each fis9 cal year (or not later than October 1, 2000, in the

10 case of fiscal year 2001) such amount as may be re11 quired to maintain a balance in the fund of at least

12 4 percent of the total budget appropriated for oper13 ating expenditures for such fiscal year which is de14 rived from local funds (or, in the case of fiscal years

15 prior to fiscal year 2004, such amount as may be re16 quired to maintain a balance in the fund of at least

17 the minimum emergency reserve balance for such

18 fiscal year, as determined under paragraph (2)).

19 ‘‘(2) DETERMINATION OF MINIMUM EMER20 GENCY RESERVE BALANCE.—

21 ‘‘(A) IN GENERAL.—The ‘minimum emer22 gency reserve balance’ with respect to a fiscal

23 year is the amount equal to the applicable per24 centage of the total budget appropriated for op-
99

HR 5633 CPH

1 erating expenditures for such fiscal year which

2 is derived from local funds.

3 ‘‘(B) APPLICABLE PERCENTAGE DE4 FINED.—In subparagraph (A), the ‘applicable

5 percentage’ with respect to a fiscal year means

6 the following:

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

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

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

10 ‘‘(3) INTEREST.—Interest earned on the emer11 gency reserve fund shall remain in the account and

12 shall only be withdrawn in accordance with para13 graph (4).

14 ‘‘(4) CRITERIA FOR USE OF AMOUNTS IN EMER15 GENCY RESERVE FUND.—The Chief Financial Offi16 cer, in consultation with the Mayor, shall develop a

17 policy to govern the emergency reserve fund which

18 shall include (but which may not be limited to) the

19 following requirements:

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

21 used to provide for unanticipated and non22 recurring extraordinary needs of an emergency

23 nature, including a natural disaster or calamity

24 as defined by section 102 of the Robert T. Staf25 ford Disaster Relief and Emergency Assistance
100

HR 5633 CPH

1 Act (Public Law 100–707) or unexpected obli2 gations by Federal law.

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

4 be used in the event of a State of Emergency

5 as declared by the Mayor pursuant to section 5

6 of the District of Columbia Public Emergency

7 Act of 1980 (sec. 6–1504, D.C. Code).

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

9 be used to fund—

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

11 of the Government of the District of Co12 lumbia which is administered by a receiver

13 or other official appointed by a court;

14 ‘‘(ii) shortfalls in any projected reduc15 tions which are included in the budget pro16 posed by the District of Columbia for the

17 fiscal year; or

18 ‘‘(iii) settlements and judgments made

19 by or against the Government of the Dis20 trict of Columbia.

21 ‘‘(5) ALLOCATION OF EMERGENCY CASH RE22 SERVE FUNDS.—Funds may be allocated from the

23 emergency reserve fund only after—

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

25 Chief Financial Officer of the availability of
101

HR 5633 CPH

1 other sources of funding to carry out the pur2 poses of the allocation and the impact of such

3 allocation on the balance and integrity of the

4 emergency reserve fund; and

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

6 with fiscal year 2005, the contingency reserve

7 fund established by subsection (b) has been pro8 jected by the Chief Financial Officer to be ex9 hausted at the time of the allocation.

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

11 the case of a fiscal year which is a control year, as

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

13 Financial Responsibility and Management Assistance

14 Act of 1995) the District of Columbia Financial Re15 sponsibility and Management Assistance Authority

16 shall notify the Committees on Appropriations of the

17 Senate and House of Representatives in writing not

18 more than 30 days after the expenditure of funds

19 from the emergency reserve fund.

20 ‘‘(7) REPLENISHMENT.—The District of Co21 lumbia shall appropriate sufficient funds each fiscal

22 year in the budget process to replenish any amounts

23 allocated from the emergency reserve fund during

24 the preceding fiscal year by the following fiscal year.

25 Once the emergency reserve equals 4 percent of total
102

HR 5633 CPH

1 budget appropriated from local funds for operating

2 expenditures for the fiscal year, the District of Co3 lumbia shall appropriate sufficient funds each fiscal

4 year in the budget process to replenish any amounts

5 allocated from the emergency reserve fund during

6 the preceding year to maintain a balance of at least

7 4 percent of total funds appropriated from local

8 funds for operating expenditures by the following fis9 cal year.

10 ‘‘(b) CONTINGENCY RESERVE FUND.—

11 ‘‘(1) IN GENERAL.—There is established a con12 tingency cash reserve fund (in this subsection re13 ferred to as the ‘contingency reserve fund’) as an in14 terest-bearing account (separate from other accounts

15 in the General Fund) into which the Mayor shall de16 posit in cash not later than October 1 of each fiscal

17 year (beginning with fiscal year 2005) such amount

18 as may be required to maintain a balance in the

19 fund of at least 3 percent of the total budget appro20 priated for operating expenditures for such fiscal

21 year which is derived from local funds (or, in the

22 case of fiscal years prior to fiscal year 2007, such

23 amount as may be required to maintain a balance in

24 the fund of at least the minimum contingency re-
103

HR 5633 CPH

1 serve balance for such fiscal year, as determined

2 under paragraph (2)).

3 ‘‘(2) DETERMINATION OF MINIMUM CONTIN4 GENCY RESERVE BALANCE.—

5 ‘‘(A) IN GENERAL.—The ‘minimum contin6 gency reserve balance’ with respect to a fiscal

7 year is the amount equal to the applicable per8 centage of the total budget appropriated from

9 local funds for operating expenditures for such

10 fiscal year which is derived from local funds.

11 ‘‘(B) APPLICABLE PERCENTAGE DE12 FINED.—In subparagraph (A), the ‘applicable

13 percentage’ with respect to a fiscal year means

14 the following:

15 ‘‘(i) For fiscal year 2005, 1 percent.

16 ‘‘(ii) For fiscal year 2006, 2 percent.

17 ‘‘(3) INTEREST.—Interest earned on the contin18 gency reserve fund shall remain in the account and

19 may only be withdrawn in accordance with para20 graph (4).

21 ‘‘(4) CRITERIA FOR USE OF AMOUNTS IN CON22 TINGENCY RESERVE FUND.—The Chief Financial

23 Officer, in consultation with the Mayor, shall develop

24 a policy governing the use of the contingency reserve
104

HR 5633 CPH

1 fund which shall include (but which may not be lim2 ited to) the following requirements:

3 ‘‘(A) The contingency reserve fund may

4 only be used to provide for nonrecurring or un5 foreseen needs that arise during the fiscal year,

6 including expenses associated with unforeseen

7 weather or other natural disasters, unexpected

8 obligations created by Federal law or new pub9 lic safety or health needs or requirements that

10 have been identified after the budget process

11 has occurred, or opportunities to achieve cost

12 savings.

13 ‘‘(B) The contingency reserve fund may be

14 used, if needed, to cover revenue shortfalls ex15 perienced by the District government for 3 con16 secutive months (based on a 2 month rolling av17 erage) that are 5 percent or more below the

18 budget forecast.

19 ‘‘(C) The contingency reserve fund may

20 not be used to fund any shortfalls in any pro21 jected reductions which are included in the

22 budget proposed by the District of Columbia for

23 the fiscal year.

24 ‘‘(5) ALLOCATION OF CONTINGENCY CASH RE25 SERVE.—Funds may be allocated from the contin-
105

HR 5633 CPH

1 gency reserve fund only after an analysis has been

2 prepared by the Chief Financial Officer of the avail3 ability of other sources of funding to carry out the

4 purposes of the allocation and the impact of such al5 location on the balance and integrity of the contin6 gency reserve fund.

7 ‘‘(6) 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 contingency reserve fund during

11 the preceding fiscal year by the following fiscal year.

12 Once the contingency reserve equals 3 percent of

13 total funds appropriated from local funds for oper14 ating expenditures, the District of Columbia shall

15 appropriate sufficient funds each fiscal year in the

16 budget process to replenish any amounts allocated

17 from the contingency reserve fund during the pre18 ceding year to maintain a balance of at least 3 per19 cent of total funds appropriated from local funds for

20 operating expenditures by the following fiscal year.

21 ‘‘(c) QUARTERLY REPORTS.—The Chief Financial

22 Officer shall submit a quarterly report to the Mayor, the

23 Council, the District of Columbia Financial Responsibility

24 and Management Assistance Authority (in the case of a

25 fiscal year which is a control year, as defined in section
106

HR 5633 CPH

1 305(4) of the District of Columbia Financial Responsi2 bility and Management Assistance Act of 1995), and the

3 Committees on Appropriations of the Senate and House

4 of Representatives that includes a monthly statement on

5 the balance and activities of the contingency and emer6 gency reserve funds.’’.

7 (2) CLERICAL AMENDMENT.—The table of con8 tents for the District of Columbia Home Rule Act is

9 amended by inserting after the item relating to sec10 tion 450 the following new item:

‘‘Sec. 450A. Reserve funds.’’.

11 (b) CONFORMING AMENDMENTS.—

12 (1) CURRENT RESERVE FUND.—Section 202(j)

13 of the District of Columbia Financial Responsibility

14 and Management Assistance Act of 1995 (sec. 47–

15 392.2(j), D.C. Code) is amended—

16 (A) in paragraph (1), by striking ‘‘Begin17 ning with fiscal year 2000, the plan or budget

18 submitted pursuant to this Act’’ and inserting

19 ‘‘For each of the fiscal years 2000 through

20 2004, the budget of the District government for

21 the fiscal year’’; and

22 (B) by adding at the end the following new

23 paragraph:

24 ‘‘(4) REPLENISHMENT.—Any amount of the re25 serve funds which is expended in one fiscal year
107

HR 5633 CPH

1 shall be replenished in the reserve funds from the

2 following fiscal year appropriations to maintain the

3 $150,000,000 balance.’’.

4 (2) POSITIVE FUND BALANCE.—Section 202(k)

5 of such Act (sec. 47–392.2(k), D.C. Code) is re6 pealed.

7 (c) EFFECTIVE DATE.—This section and the amend8 ments made by this section shall take effect on October

9 1, 2000.

10 TREATMENT OF REVENUE BONDS SECURED BY TOBACCO

11 SETTLEMENT PAYMENTS

12 SEC. 160. (a) PERMITTING COUNCIL TO DELEGATE

13 AUTHORITY TO ISSUE BONDS.—

14 (1) IN GENERAL.—Section 490 of the District

15 of Columbia Home Rule Act (sec. 47–334, D.C.

16 Code) is amended—

17 (A) by redesignating subsections (i)

18 through (m) as subsections (j) through (n); and

19 (B) by inserting after subsection (h) the

20 following new subsection:

21 ‘‘(i)(1) The Council may delegate to the District of

22 Columbia Tobacco Settlement Financing Corporation

23 (hereafter in this subsection referred to as the ‘‘Corpora24 tion’’) established pursuant to the Tobacco Settlement Fi25 nancing Act of 2000 the authority of the Council under

26 subsection (a) to issue revenue bonds, notes, and other ob-
108

HR 5633 CPH

1 ligations which are used to borrow money to finance or

2 assist in the financing or refinancing of capital projects

3 and other undertakings of the District of Columbia and

4 which are payable solely from and secured by payments

5 under the Master Tobacco Settlement Agreement. The

6 Corporation may exercise authority delegated to it by the

7 Council as described in the first sentence of this para8 graph (whether such delegation is made before or after

9 the date of the enactment of this subsection) only in ac10 cordance with this subsection and the provisions of the

11 Tobacco Settlement Financing Act of 2000.

12 ‘‘(2) Revenue bonds, notes, and other obligations

13 issued by the Corporation under a delegation of authority

14 described in paragraph (1) shall be issued by resolution

15 of the Corporation, and any such resolution shall not be

16 considered to be an act of the Council.

17 ‘‘(3) The fourth sentence of section 446 shall not

18 apply to—

19 ‘‘(A) any amount (including the amount of any

20 accrued interest or premium) obligated or expended

21 from the proceeds of the sale of any revenue bond,

22 note, or other obligation issued pursuant to this sub23 section;

24 ‘‘(B) any amount obligated or expended for the

25 payment of the principal of, interest on, or any pre-
109

HR 5633 CPH

1 mium for any revenue bond, note, or other obligation

2 issued pursuant to this subsection;

3 ‘‘(C) any amount obligated or expended to se4 cure any revenue bond, note, or other obligation

5 issued pursuant to this subsection; or

6 ‘‘(D) any amount obligated or expended for re7 pair, maintenance, and capital improvements to fa8 cilities financed pursuant to this subsection.

9 ‘‘(4) In this subsection, the term ‘Master Tobacco

10 Settlement Agreement’ means the settlement agreement

11 (and related documents), as may be amended from time

12 to time, entered into on November 23, 1998, by the Dis13 trict of Columbia and leading United States tobacco prod14 uct manufacturers.’’.

15 (2) CONFORMING AMENDMENT.—The fourth

16 sentence of section 446 of such Act (sec. 47–304,

17 D.C. Code) is amended by striking ‘‘and (h)(3)’’ and

18 inserting ‘‘(h)(3), and (i)(3)’’.

19 (b) WAIVER OF CONGRESSIONAL REVIEW PERIOD

20 FOR TOBACCO SETTLEMENT FINANCING ACT.—Notwith21 standing section 602(c)(1) of the District of Columbia

22 Home Rule Act (sec. 1–233(c)(1), D.C. Code), the To23 bacco Settlement Financing Act of 2000 (title XXXVII

24 of D.C. Act 13–375, as amended by section 8(e) of D.C.

25 Act 13–387) shall take effect on the date of the enactment
110

HR 5633 CPH

1 of such Act or the date of the enactment of this Act,

2 whichever is later.

3 SEC. 161. Section 603(e) of the Student Loan Mar4 keting Association Reorganization Act of 1996 (Public

5 Law 104–208; 110 Stat. 3009–293), as amended by sec6 tion 153 of the District of Columbia Appropriations Act,

7 2000, is amended—

8 (1) by amending the second sentence of para9 graph (2)(B) to read as follows: ‘‘Of such amounts

10 and proceeds, $5,000,000 shall be set aside for a

11 credit enhancement fund for public charter schools

12 in the District of Columbia, to be administered and

13 disbursed in accordance with paragraph (3).’’; and

14 (2) by adding at the end the following new

15 paragraph:

16 ‘‘(3) CREDIT ENHANCEMENT FUND FOR PUBLIC

17 CHARTER SCHOOLS.—

18 ‘‘(A) DISTRIBUTION OF AMOUNTS.—Of the

19 amounts in the credit enhancement fund estab20 lished under paragraph (2)(B)—

21 ‘‘(i) 50 percent shall be used to make

22 grants under subparagraph (B); and

23 ‘‘(ii) 50 percent shall be used to make

24 grants under subparagraph (C).
111

HR 5633 CPH

1 ‘‘(B) GRANTS TO ELIGIBLE NONPROFIT

2 CORPORATIONS.—

3 ‘‘(i) IN GENERAL.—Using the

4 amounts described in subparagraph (A)(i),

5 not later than 1 year after the date of the

6 enactment of the District of Columbia Ap7 propriations Act, 2001, the Mayor of the

8 District of Columbia shall make and dis9 burse grants to eligible nonprofit corpora10 tions to carry out the purposes described

11 in subparagraph (E).

12 ‘‘(ii) ADMINISTRATION.—The Mayor

13 shall administer the program of grants

14 under this subparagraph, except that if the

15 committee described in subparagraph

16 (C)(iii) is in operation and is fully func17 tional prior to the date the Mayor makes

18 the grants, the Mayor may delegate the ad19 ministration of the program to the com20 mittee.

21 ‘‘(C) OTHER GRANTS.—

22 ‘‘(i) IN GENERAL.—Using the

23 amounts described in subparagraph (A)(ii),

24 the Mayor of the District of Columbia shall
112

HR 5633 CPH

1 make grants to entities to carry out the

2 purposes described in subparagraph (E).

3 ‘‘(ii) PARTICIPATION OF SCHOOLS.—A

4 public charter school in the District of Co5 lumbia may receive a grant under this sub6 paragraph to carry out the purposes de7 scribed in subparagraph (E) in the same

8 manner as other entities receiving grants

9 to carry out such activities.

10 ‘‘(iii) ADMINISTRATION THROUGH

11 COMMITTEE.—The Mayor shall carry out

12 this subparagraph through the committee

13 appointed by the Mayor under the second

14 sentence of paragraph (2)(B) (as in effect

15 prior to the enactment of the District of

16 Columbia Appropriations Act, 2001). The

17 committee may enter into an agreement

18 with a third party to carry out its respon19 sibilities under this subparagraph.

20 ‘‘(iv) CAP ON ADMINISTRATIVE

21 COSTS.—Not more than 10% of the funds

22 available for grants under this subpara23 graph may be used to cover the adminis24 trative costs of making grants under this

25 subparagraph.
113

HR 5633 CPH

1 ‘‘(D) SPECIAL RULE REGARDING ELIGI2 BILITY OF NONPROFIT CORPORATIONS.—In

3 order to be eligible to receive a grant under this

4 paragraph, a nonprofit corporation must pro5 vide appropriate certification to the Mayor or to

6 the committee described in subparagraph

7 (C)(iii) (as the case may be) that it is duly au8 thorized by two or more public charter schools

9 in the District of Columbia to act on their be10 half in obtaining financing (or in assisting them

11 in obtaining financing) to cover the costs of ac12 tivities described in subparagraph (E)(i).

13 ‘‘(E) PURPOSES OF GRANTS.—

14 ‘‘(i) IN GENERAL.—The recipient of a

15 grant under this paragraph shall use the

16 funds provided under the grant to carry

17 out activities to assist public charter

18 schools in the District of Columbia in—

19 ‘‘(I) obtaining financing to ac20 quire interests in real property (in21 cluding by purchase, lease, or dona22 tion), including financing to cover

23 planning, development, and other inci24 dental costs;
114

HR 5633 CPH

1 ‘‘(II) obtaining financing for con2 struction of facilities or the renova3 tion, repair, or alteration of existing

4 property or facilities (including the

5 purchase or replacement of fixtures

6 and equipment), including financing

7 to cover planning, development, and

8 other incidental costs; and

9 ‘‘(III) enhancing the availability

10 of loans (including mortgages) and

11 bonds.

12 ‘‘(ii) NO DIRECT FUNDING FOR

13 SCHOOLS.—Funds provided under a grant

14 under this subparagraph may not be used

15 by a recipient to make direct loans or

16 grants to public charter schools.’’.

17 SEC. 162. (a) EXCLUSIVE AUTHORITY OF MAYOR.—

18 Notwithstanding section 451 of the District of Columbia

19 Home Rule Act or any other provision of District of Co20 lumbia or Federal law to the contrary, the Mayor of the

21 District of Columbia shall have the exclusive authority to

22 approve and execute leases of the Washington Marina and

23 the Washington municipal fish wharf with the existing les24 sees thereof for an initial term of 30 years, together with
115

HR 5633 CPH

1 such other terms and conditions (including renewal op2 tions) as the Mayor deems appropriate.

3 (b) DEFINITIONS.—In this section—

4 (1) the term ‘‘Washington Marina’’ means the

5 portions of Federal property in the Southwest quad6 rant of the District of Columbia within Lot 848 in

7 Square 473, the unassessed Federal real property

8 adjacent to Lot 848 in Square 473, and riparian

9 rights appurtenant thereto; and

10 (2) the term ‘‘Washington municipal fish

11 wharf’’ means the water frontage on the Potomac

12 River lying south of Water Street between 11th and

13 12th Streets, including the buildings and wharves

14 thereon.

15 SEC. 163. Section 11201(g)(4)(A) of the National

16 Capital Revitalization and Self-Government Improvement

17 Act of 1997 (D.C. Code, sec. 24–1201(g)(4)(A)) is

18 amended—

19 (1) by redesignating clauses (vi) through (ix) as

20 clauses (vii) through (x), respectively; and

21 (2) by inserting after clause (v) the following:

22 ‘‘(vi) immediately upon completing the

23 remediation required under clause (ii) (but

24 in no event later than June 1, 2003),

25 transfer any property located south of
116

HR 5633 CPH

1 Silverbrooke Road which is identified for

2 use for educational purposes in the Fairfax

3 County reuse plan to the County, without

4 consideration, subject to the condition that

5 the County use the property only for edu6 cational purposes;’’.

7 SEC. 164. (a) Section 208(a) of the District of Co8 lumbia Procurement Practices Act of 1985 (sec. 1–

9 1182.8(a), D.C. Code) is amended—

10 (1) in paragraph (4)(A), by striking ‘‘the same

11 auditor)’’ and inserting ‘‘the same auditor, except as

12 may be provided in paragraph (5)); and

13 (2) by adding at the end the following new

14 paragraph:

15 ‘‘(5) Notwithstanding paragraph (4)(A), an auditor

16 who is a subcontractor to the auditor who audited the fi17 nancial statement and report described in paragraph

18 (3)(H) for a fiscal year may audit the financial statement

19 and report for any succeeding fiscal year (as either the

20 prime auditor or as a subcontractor to another auditor)

21 if—

22 ‘‘(A) such subcontractor is not a signatory to

23 the statement and report for the previous fiscal year;
117

HR 5633 CPH

1 ‘‘(B) the prime auditor reviewed and approved

2 the work of the subcontractor on the statement and

3 report for the previous fiscal year; and

4 ‘‘(C) the subcontractor is not an employee of

5 the prime contractor or of an entity owned, man6 aged, or controlled by the prime contractor.’’.

7 (b) The amendment made by subsection (a) shall

8 apply with respect to financial statements and reports for

9 activities of the District of Columbia Government for fiscal

10 years beginning with fiscal year 2001.

11 SEC. 165. Section 11201(g) of the National Capital

12 Revitalization and Self-Government Improvement Act of

13 1997 (D.C. Code, sec. 24–1201(g)) is amended by adding

14 at the end the following new paragraph:

15 ‘‘(6) MEADOWOOD FARM LAND EXCHANGE.—

16 ‘‘(A) IN GENERAL.—If, not later than Jan17 uary 15, 2001, Fairfax County, Virginia, agrees

18 to convey fee simple title to the property on

19 Mason Neck in excess of 800 acres depicted on

20 the map dated June 2000, on file in the Office

21 of the Director of the Bureau of Land Manage22 ment, Eastern States (hereafter in this para23 graph referred to as ‘Meadowood Farm’) to the

24 Secretary of the Interior, then the Adminis25 trator of General Services shall agree to convey
118

HR 5633 CPH

1 to Fairfax County, Virginia, fee simple title to

2 the property located at the Lorton Correctional

3 Complex north of Silverbrook Road, and con4 sisting of more than 200 acres identified in the

5 Fairfax County Reuse Plan, dated July 26,

6 1999, as land available for residential develop7 ment in Land Units 1 and 2 (hereafter in this

8 paragraph referred to as the ‘Laurel Hill Resi9 dential Land’), the actual exchange to occur no

10 later than December 31, 2001.

11 ‘‘(B) TERMS AND CONDITIONS.—(i) When

12 Fairfax County transfers fee simple title to

13 Meadowood Farm to the Secretary of the Inte14 rior, the Administrator of General Services shall

15 simultaneously transfer to the County the Lau16 rel Hill Residential Land.

17 ‘‘(ii) The transfer of property to Fairfax

18 County, Virginia, under clause (i) shall be sub19 ject to such terms and conditions that the Ad20 ministrator of General Services considers to be

21 appropriate to protect the interests of the

22 United States.

23 ‘‘(iii) Any proceeds derived from the sale of

24 the Laurel Hill Residential Land by Fairfax

25 County that exceed the County’s cost of acquir-
119

HR 5633 CPH

1 ing, financing (which shall be deemed a County

2 cost from the time of financing of the

3 Meadowood Farm acquisition to the receipt of

4 proceeds of the sale or sales of the Laurel Hill

5 Residential Land until such time as the pro6 ceeds of such sale or sales exceed the acquisi7 tion and financing costs of Meadowood Farm to

8 the County), preparing, and conveying

9 Meadowood Farm and costs incurred for im10 proving, preparing, and conveying the Laurel

11 Hill Residential Land shall be remitted to the

12 United States and deposited into the special

13 fund established pursuant to paragraph

14 (4)(A)(viii).

15 ‘‘(C) MANAGEMENT OF PROPERTY.—The

16 property transferred to the Secretary of the In17 terior under this section shall be managed by

18 the Bureau of Land Management for public use

19 and recreation purposes.’’.

20 SEC. 166. Section 158(b) of the District of Columbia

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

22 1527) is amended to read as follows:

23 ‘‘(b) SOURCE OF FUNDS; TRANSFER.—An amount

24 not to exceed $5,000,000 from the National Highway Sys25 tem funds apportioned to the District of Columbia under
120

HR 5633 CPH

1 section 104 of title 23, United States Code, may be used

2 for purposes of carrying out the project under subsection

3 (a).’’.

4 SEC. 167. The explanatory language contained in the

5 Joint Explanatory Statement of the Committee of Con6 ference for District of Columbia Appropriations contained

7 in the Conference Report to accompany H.R. 4942 of the

8 106th Congress shall be considered to constitute a joint

9 explanatory statement of a committee of conference for

10 the provisions in this Act. References in this joint state11 ment to the conference agreement mean the provisions in

12 this Act, references to the House bill mean the House

13 passed version of H.R. 4942, and references to the Senate

14 bill mean the Senate passed amendment to H.R. 4942.

15 This Act may be cited as the ‘‘District of Columbia

16 Appropriations Act, 2001’’.

Æ