II

Calendar No. 800

106TH CONGRESS

2D SESSION S. 3041

[Report No. 106–409]

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 SENATE OF THE UNITED STATES

SEPTEMBER 13, 2000

Mrs. HUTCHISON, from the Committee on Appropriations, reported the

following original bill; which was read twice and placed on the calendar

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
2

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1 District of Columbia for the fiscal year ending September

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

3 FEDERAL FUNDS

4 FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

5 For a Federal payment to the District of Columbia

6 for a nationwide program to be administered by the Mayor

7 for District of Columbia resident tuition support,

8 $17,000,000, to remain available until expended: Pro9 vided, That such funds may be used on behalf of eligible

10 District of Columbia residents to pay an amount based

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

13 both public and private institutions of higher education:

14 Provided further, That the awarding of such funds may

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

16 and such other factors as may be authorized.

17 FEDERAL PAYMENT FOR INCENTIVES FOR ADOPTION OF

18 CHILDREN

19 The paragraph under the heading ‘‘Federal Payment

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

21 106–113, approved November 29, 1999 (113 Stat. 1501),

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

23 to the District of Columbia to create incentives to promote

24 the adoption of children in the District of Columbia foster

25 care system, $5,000,000: Provided, That such funds shall
3

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

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

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

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

5 FEDERAL PAYMENT FOR COMMERCIAL REVITALIZATION

6 PROGRAM

7 For a Federal payment to the District of Columbia,

8 $1,500,000, to remain available until expended, for the

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

10 Columbia, to provide offsets against local taxes for a com11 mercial revitalization program, such program to provide

12 financial inducements, including loans, grants, offsets to

13 local taxes and other instruments that promote commer14 cial revitalization in Enterprise Zones and low and mod15 erate income areas in the District of Columbia: Provided,

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

17 Federal commercial revitalization proposals introduced in

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

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

20 the Mayor shall report to the Committees on Appropria21 tions of the Senate and House of Representatives on the

22 progress made in carrying out the commercial revitaliza23 tion program.
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1 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

2 PUBLIC SCHOOLS

3 For a Federal payment to the District of Columbia

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

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

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

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

8 of District public school students.

9 FEDERAL PAYMENT TO THE DEPARTMENT OF HUMAN

10 SERVICES

11 For a Federal payment to the Department of Human

12 Services for a contribution to the construction in South13 east Washington of a new community service center for

14 homeless, runaway and at-risk youth, $500,000.

15 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

16 CORRECTIONS TRUSTEE OPERATIONS

17 For salaries and expenses of the District of Columbia

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

19 and operation of correctional facilities and for the admin20 istrative operating costs of the Office of the Corrections

21 Trustee, as authorized by section 11202 of the National

22 Capital Revitalization and Self-Government Improvement

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

24 $1,000,000 is to fund an initiative to improve case proc25 essing in the District of Columbia criminal justice system:
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1 Provided, That notwithstanding any other provision of

2 law, funds appropriated in this Act for the District of Co3 lumbia Corrections Trustee shall be apportioned quarterly

4 by the Office of Management and Budget and obligated

5 and expended in the same manner as funds appropriated

6 for salaries and expenses of other Federal agencies: Pro7 vided further, That in addition to the funds provided under

8 this heading, the District of Columbia Corrections Trustee

9 may use any remaining interest earned on the Federal

10 payment made to the Trustee under the District of Colum11 bia Appropriations Act, 1998, to carry out the activities

12 funded under this heading.

13 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

14 COURTS

15 For salaries and expenses for the District of Colum16 bia Courts, $109,080,000 to be allocated as follows: for

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

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

19 for the District of Columbia Court System, $17,892,000;

20 $5,255,000 to finance a pay adjustment of 8.48 percent

21 for nonjudicial employees; and $5,825,000, including

22 $825,000 for roofing repairs to the facility commonly re23 ferred to as the Old Courthouse and located at 451 Indi24 ana Avenue, Northwest, to remain available until Sep25 tember 30, 2002, for capital improvements for District of
6

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1 Columbia courthouse facilities: Provided, That notwith2 standing any other provision of law, all amounts under

3 this heading shall be apportioned quarterly by the Office

4 of Management and Budget and obligated and expended

5 in the same manner as funds appropriated for salaries and

6 expenses of other Federal agencies, with payroll and finan7 cial services to be provided on a contractual basis with

8 the General Services Administration (GSA), said services

9 to include the preparation of monthly financial reports,

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

11 President and to the Committees on Appropriations of the

12 Senate and House of Representatives, the Committee on

13 Governmental Affairs of the Senate, and the Committee

14 on Government Reform of the House of Representatives.

15 DEFENDER SERVICES IN DISTRICT OF COLUMBIA

16 COURTS

17 For payments authorized under section 11–2604 and

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

19 provided under the District of Columbia Criminal Justice

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

21 Family Division of the Superior Court of the District of

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

23 payments for counsel authorized under section 21–2060,

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

25 District of Columbia Guardianship, Protective Pro-
7

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1 ceedings, and Durable Power of Attorney Act of 1986),

2 $38,387,000, to remain available until expended: Pro3 vided, That the funds provided in this Act under the head4 ing ‘‘Federal Payment to the District of Columbia Courts’’

5 (other than the $5,825,000 provided under such heading

6 for capital improvements for District of Columbia court7 house facilities) may also be used for payments under this

8 heading: Provided further, That the Joint Committee on

9 Judicial Administration in the District of Columbia shall

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

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

12 the $5,825,000 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 fiscal year 2000 if the Comp16 troller General certifies that the amount of obligations

17 lawfully incurred for such payments during fiscal year

18 2000 exceeds the obligational authority otherwise available

19 for making such payments: Provided further, That such

20 funds shall be administered by the Joint Committee on

21 Judicial Administration in the District of Columbia: Pro22 vided further, That notwithstanding any other provision

23 of law, this appropriation shall be apportioned quarterly

24 by the Office of Management and Budget and obligated

25 and expended in the same manner as funds appropriated
8

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1 for expenses of other Federal agencies, with payroll and

2 financial services to be provided on a contractual basis

3 with the General Services Administration (GSA), said

4 services to include the preparation of monthly financial re5 ports, copies of which shall be submitted directly by GSA

6 to the President and to the Committees on Appropriations

7 of the Senate and House of Representatives, the Com8 mittee on Governmental Affairs of the Senate, and the

9 Committee on Government Reform of the House of Rep10 resentatives: Provided further, That the District of Colum11 bia Courts shall implement the recommendations in the

12 General Accounting Office Report GAO/AIMD/OGC–99–

13 226 regarding payments to court-appointed attorneys and

14 shall report quarterly to the Office of Management and

15 Budget and to the Senate and House of Representatives

16 Appropriations Committees quarterly on the status of

17 these reforms.

18 FEDERAL PAYMENT TO THE COURT SERVICES AND OF19 FENDER SUPERVISION AGENCY FOR THE DISTRICT

20 OF COLUMBIA

21 For salaries and expenses, including the acquisition,

22 transfer, lease, maintenance, and operation of motor vehi23 cles, of the Court Services and Offender Supervision Agen24 cy for the District of Columbia, as authorized by the Na25 tional Capital Revitalization and Self-Government Im-
9

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1 provement Act of 1997, (Public Law 105–33; 111 Stat.

2 712), $108,527,000, of which $65,018,000 shall be for

3 necessary expenses of Community Supervision and Sex Of4 fender Registration, to include expenses relating to super5 vision of adults subject to protection orders or provision

6 of services for or related to such persons; $18,487,000

7 shall be transferred to the Public Defender Service; and

8 $25,022,000 shall be available to the Pretrial Services

9 Agency: Provided, That notwithstanding any other provi10 sion of law, all amounts under this heading shall be appor11 tioned quarterly by the Office of Management and Budget

12 and obligated and expended in the same manner as funds

13 appropriated for salaries and expenses of other Federal

14 agencies: Provided further, That notwithstanding section

15 446 of the District of Columbia Home Rule Act or any

16 provision of subchapter III of chapter 13 of title 31,

17 United States Code, the use of interest earned on the Fed18 eral payment made to the District of Columbia Offender

19 Supervision, Defender, and Court Services Agency under

20 the District of Columbia Appropriations Act, 1998, by the

21 Agency during fiscal years 1998 and 1999 shall not con22 stitute a violation of such Act or such subchapter.

23 METRORAIL CONSTRUCTION

24 For the Washington Metropolitan Area Transit Au25 thority [WMATA], a contribution of $25,000,000 to de-
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1 sign and build a Metrorail station located at New York

2 and Florida Avenues, Northeast: Provided, That, prior to

3 the release of said funds from the Treasury, the District

4 of Columbia shall set aside an additional $25,000,000 for

5 this project in its Fiscal Year 2001 Budget and Financial

6 Plan and, further, shall establish a special taxing district

7 for the neighborhood of the proposed Metrorail station to

8 provide $25,000,000: Provided further, That the require9 ments of 49 U.S.C. 5309(a)(2) shall apply to this project.

10 PRESIDENTIAL INAUGURATION

11 For a payment to the District of Columbia to reim12 burse the District for expenses incurred in connection with

13 Presidential inauguration activities, $6,211,000, as au14 thorized by section 737(b) of the District of Columbia

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

16 824; D.C. Code, sec. 1–1132), which shall be apportioned

17 by the Chief Financial Officer within the various appro18 priation headings in this Act.

19 DISTRICT OF COLUMBIA FUNDS

20 OPERATING EXPENSES

21 DIVISION OF EXPENSES

22 The following amounts are appropriated for the Dis23 trict of Columbia for the current fiscal year out of the

24 general fund of the District of Columbia, except as other25 wise specifically provided: Provided, That notwithstanding
11

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1 any other provision of law, except for section 124 of this

2 Act, the total amount appropriated in this Act for oper3 ating expenses for the District of Columbia for fiscal year

4 2001 under this heading shall not exceed the lesser of the

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

6 such fiscal year or $5,546,536,000 (of which

7 $192,804,000 shall be from intra-District funds and

8 $3,096,383,000 shall be from local funds): Provided fur9 ther, That the Chief Financial Officer of the District of

10 Columbia and the District of Columbia Financial Respon11 sibility and Management Assistance Authority shall take

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

13 Columbia meets these requirements, including the appor14 tioning by the Chief Financial Officer of the appropria15 tions and funds made available to the District during fis16 cal year 2001, except that the Chief Financial Officer may

17 not reprogram for operating expenses any funds derived

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

19 projects.

20 DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY

21 AND MANAGEMENT ASSISTANCE AUTHORITY

22 For the District of Columbia Financial Responsibility

23 and Management Assistance Authority (Authority), estab24 lished by section 101(a) of the District of Columbia Finan25 cial Responsibility and Management Assistance Act of
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1 1995 (109 Stat. 97; Public Law 104–8), $6,500,000 from

2 other funds: Provided, That these funds be derived from

3 accounts held by the Authority on behalf of the District

4 of Columbia.

5 GOVERNMENTAL DIRECTION AND SUPPORT

6 Governmental direction and support, $194,271,000

7 (including $160,672,000 from local funds, $20,424,000

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

9 Provided, That of the $150,000,000 freed-up appropria10 tions provided for by this Act, $621,000 shall be available

11 to the Office of the Mayor, $2,500,000 to the Office of

12 Property Management, and $1,042,000 to be used for

13 training, prioritized pursuant to an act of the Council:

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

15 $2,500 for the Chairman of the Council of the District

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

17 be available from this appropriation for official purposes:

18 Provided further, That any program fees collected from the

19 issuance of debt shall be available for the payment of ex20 penses of the debt management program of the District

21 of Columbia: Provided further, That no revenues from

22 Federal sources shall be used to support the operations

23 or activities of the Statehood Commission and Statehood

24 Compact Commission: Provided further, That the District

25 of Columbia shall identify the sources of funding for Ad-
13

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1 mission to Statehood from its own locally-generated reve2 nues: Provided further, That all employees permanently

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

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

5 further, That $303,000 and no fewer than 5 FTEs shall

6 be available exclusively to support the Labor-Management

7 Partnership Council: Provided further, That no funds ex8 cept those already encumbered shall be available for the

9 Maximus, Inc., revenue recovery services contract (Con10 tract GF 98104) until such time as the contract is renego11 tiated to require Maximus, Inc., to recover maximum rev12 enue first for Medicaid reimbursable special education

13 transportation costs, second for Medicaid reimbursable

14 special education residential placement costs, and third for

15 the Medicaid reimbursable costs of Mental Retardation

16 and Developmental Disabilities Administration clients:

17 Provided further, That section 168(a) of the District of

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

19 113 Stat. 1531) is amended by inserting ‘‘, to remain

20 available until expended,’’ after ‘‘$5,000,000’’.

21 ECONOMIC DEVELOPMENT AND REGULATION

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

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

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

25 of which $15,000,000 collected by the District of Colum-
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1 bia in the form of BID tax revenue shall be paid to the

2 respective BIDs pursuant to the Business Improvement

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

4 1–2271 et seq.), and the Business Improvement Districts

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

6 That such funds are available for acquiring services pro7 vided by the General Services Administration: Provided

8 further, That Business Improvement Districts shall be ex9 empt from taxes levied by the District of Columbia: Pro10 vided further, That of the $150,000,000 freed-up appro11 priations provided for by this Act, $3,296,000 shall be

12 available to the Department of Housing and Community

13 Development and $200,000 to the Department of Employ14 ment Services, prioritized pursuant to an act of the Coun15 cil.

16 PUBLIC SAFETY AND JUSTICE

17 Public safety and justice, including purchase or lease

18 of 135 passenger-carrying vehicles for replacement only,

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

20 without regard to the general purchase price limitation for

21 the current fiscal year, and such sums as may be nec22 essary for making refunds and for the payment of judg23 ments that have been entered against the District of Co24 lumbia government: Provided, That of the $150,000,000

25 freed-up appropriations provided for by this Act,
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1 $1,293,000 shall be available to the Department of Fire

2 and Emergency Medical Services, $100,000 to Citizen

3 Complaint Review Board, $200,000 to Metropolitan Police

4 Department, and $4,890,000 to the Settlement and Judg5 ments Funds, prioritized pursuant to an act of the Coun6 cil: $762,346,000 (including $591,365,000 from local

7 funds, $24,950,000 from Federal funds, and

8 $146,031,000 from other funds): Provided further, That

9 the Metropolitan Police Department is authorized to re10 place not to exceed 25 passenger-carrying vehicles and the

11 Department of Fire and Emergency Medical Services of

12 the District of Columbia is authorized to replace not to

13 exceed five passenger-carrying vehicles annually whenever

14 the cost of repair to any damaged vehicle exceeds three15 fourths of the cost of the replacement: Provided further,

16 That not to exceed $500,000 shall be available from this

17 appropriation for the Chief of Police for the prevention

18 and detection of crime: Provided further, That notwith19 standing any other provision of law, or Mayor’s Order 86–

20 45, issued March 18, 1986, the Metropolitan Police De21 partment’s delegated small purchase authority shall be

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

23 government may not require the Metropolitan Police De24 partment to submit to any other procurement review proc25 ess, or to obtain the approval of or be restricted in any
16

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1 manner by any official or employee of the District of Co2 lumbia government, for purchases that do not exceed

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

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

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

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

12 reimbursement to the District of Columbia National

13 Guard under the preceding proviso shall be available from

14 this appropriation, and the availability of the sums shall

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

18 sworn officers, with leave for a 50 officer attrition: Pro19 vided further, That no more than 15 members of the Met20 ropolitan Police Department shall be detailed or assigned

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

22 submits a recommendation to the Council for its review:

23 Provided further, That $100,000 shall be available for in24 mates released on medical and geriatric parole: Provided

25 further, That commencing on December 31, 1999, the
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1 Metropolitan Police Department shall provide to the Com2 mittees on Appropriations of the Senate and House of

3 Representatives, the Committee on Governmental Affairs

4 of the Senate, and the Committee on Government Reform

5 of the House of Representatives, quarterly reports on the

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

7 areas established throughout the District of Columbia:

8 Provided further, That Chapter 23 of Title 11 of the Dis9 trict of Columbia Code is repealed.

10 PUBLIC EDUCATION SYSTEM

11 Public education system, including the development

12 of national defense education programs, $998,918,000 (in13 cluding $824,867,000 from local funds, $147,643,000

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

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

16 $629,309,000 from local funds, $133,490,000 from Fed17 eral funds, and $7,144,000 from other funds), for the pub18 lic schools of the District of Columbia; $200,000 from

19 local funds for the District of Columbia Teachers’ Retire20 ment Fund; $1,679,000 from local funds for the State

21 Education Office; $17,000,000 from local funds, pre22 viously appropriated in this Act as a Federal payment, for

23 resident tuition support at public and private institutions

24 of higher learning for eligible District of Columbia resi25 dents; $105,000,000 from local funds for public charter
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1 schools: Provided, That there shall be quarterly disburse2 ment of funds to the D.C. public charter schools, with the

3 first payment to occur within 15 days of the beginning

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

5 charter schools will report enrollment on a quarterly basis

6 upon which a quarterly disbursement will be calculated:

7 Provided further, That if the entirety of this allocation has

8 not been provided as payments to any public charter

9 schools currently in operation through the per pupil fund10 ing formula, the funds shall be available for public edu11 cation: Provided further, That $480,000 of this amount

12 shall be available to the District of Columbia Public Char13 ter School Board for administrative costs: Provided fur14 ther, That $76,433,000 (including $44,691,000 from local

15 funds, $13,199,000 from Federal funds, and $18,543,000

16 from other funds) shall be available for the University of

17 the District of Columbia: Provided further, That $200,000

18 is allocated for the East of the River Campus Assessment

19 Study, $1,000,000 for the Excel Institute Adult Education

20 Program, $500,000 for the Adult Education State Plan,

21 $650,000 for The Saturday Academy Pre-College Pro22 gram, and $481,000 for the Strengthening of Academic

23 Programs; and $26,459,000 (including $25,208,000 from

24 local funds, $550,000 from Federal funds and $701,000

25 from other funds) for the Public Library: Provided further,
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1 That the $1,020,000 enhancement shall be allocated such

2 that $500,000 is used for facilities improvements for 8

3 of the 26 library branches, $235,000 for 13 FTEs for the

4 continuation of the Homework Helpers Program,

5 $166,000 for 3 FTEs in the expansion of the Reach Out

6 And Roar (ROAR) service to license day care homes, and

7 $119,000 for 3 FTEs to expand literacy support into

8 branch libraries: Provided further, That $2,204,000 (in9 cluding $1,780,000 from local funds, $404,000 from Fed10 eral funds and $20,000 from other funds) shall be avail11 able for the Commission on the Arts and Humanities: Pro12 vided further, That the public schools of the District of

13 Columbia are authorized to accept not to exceed 31 motor

14 vehicles for exclusive use in the driver education program:

15 Provided further, That not to exceed $2,500 for the Super16 intendent of Schools, $2,500 for the President of the Uni17 versity of the District of Columbia, and $2,000 for the

18 Public Librarian shall be available from this appropriation

19 for official purposes: Provided further, That none of the

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

21 the salaries of any District of Columbia Public School

22 teacher, principal, administrator, official, or employee who

23 knowingly provides false enrollment or attendance infor24 mation under article II, section 5 of the Act entitled ‘‘An

25 Act to provide for compulsory school attendance, for the
20

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1 taking of a school census in the District of Columbia, and

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

3 Code, sec. 31–401 et seq.): Provided further, That this ap4 propriation shall not be available to subsidize the edu5 cation of any nonresident of the District of Columbia at

6 any District of Columbia public elementary and secondary

7 school during fiscal year 2001 unless the nonresident pays

8 tuition to the District of Columbia at a rate that covers

9 100 percent of the costs incurred by the District of Colum10 bia which are attributable to the education of the non11 resident (as established by the Superintendent of the Dis12 trict of Columbia Public Schools): Provided further, That

13 this appropriation shall not be available to subsidize the

14 education of nonresidents of the District of Columbia at

15 the University of the District of Columbia, unless the

16 Board of Trustees of the University of the District of Co17 lumbia adopts, for the fiscal year ending September 30,

18 2001, a tuition rate schedule that will establish the tuition

19 rate for nonresident students at a level no lower than the

20 nonresident tuition rate charged at comparable public in21 stitutions of higher education in the metropolitan area:

22 Provided further, That $2,200,000 is allocated to the Tem23 porary WSF to fund 344 additional slots for pre-K stu24 dents: Provided further, That $50,000 is allocated to fund

25 a conference on learning support for children ages 3–4 in
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1 September 2000 hosted jointly by the District of Columbia

2 Public Schools and District of Columbia public charter

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

4 shall be used to administer a system wide standardized

5 test more than once in fiscal year 2001: Provided further,

6 That no less than $436,452,000 shall be expended on local

7 schools through the Weighted Student Formula: Provided

8 further, That notwithstanding any other provision of law,

9 rule, or regulation, the evaluation process and instruments

10 for evaluating District of Columbia Public School employ11 ees shall be a non-negotiable item for collective bargaining

12 purposes: Provided further, That of the $150,000,000

13 freed-up appropriations provided for by this Act,

14 $12,079,000 shall be available to the District of Columbia

15 Public Schools, $120,000 to the Commission on the Arts

16 and Humanities, $400,000 to the District of Columbia Li17 brary, and $2,500,000 to the University of the District

18 of Columbia for adult basic education, prioritized pursuant

19 to an act of the Council.

20 HUMAN SUPPORT SERVICES

21 Human support services, $1,532,704,000 (including

22 $634,397,000 from local funds, $881,589,000 from Fed23 eral funds, and $16,718,000 from other funds): Provided,

24 That $25,836,000 of this appropriation, to remain avail25 able until expended, shall be available solely for District
22

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1 of Columbia employees’ disability compensation: Provided

2 further, That of the $150,000,000 freed-up appropriations

3 provided for by this Act, $10,000,000 shall be available

4 to the Children Investment Trust, $1,511,000 to the De5 partment of Parks and Recreation, $574,000 to the Office

6 on Aging, $4,245,000 to the Department of Health, and

7 $1,500,000 to the Commission on Latino Affairs,

8 prioritized pursuant to an act of the Council: Provided fur9 ther, That the District of Columbia shall not provide free

10 government services such as water, sewer, solid waste dis11 posal or collection, utilities, maintenance, repairs, or simi12 lar services to any legally constituted private nonprofit or13 ganization, as defined in section 411(5) of the Stewart B.

14 McKinney Homeless Assistance Act (101 Stat. 485; Pub15 lic Law 100–77; 42 U.S.C. 11371), providing emergency

16 shelter services in the District, if the District would not

17 be qualified to receive reimbursement pursuant to such

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

19 et seq.): Provided further, That $400,000 shall be available

20 for the administrative costs associated with implementa21 tion of the Drug Treatment Choice Program established

22 pursuant to section 4 of the Choice in Drug Treatment

23 Act of 2000, signed by the Mayor on April 20, 2000 (D.C.

24 Act 13–329): Provided further, That $7,000,000 shall be

25 available for deposit in the Addiction Recovery Fund es-
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1 tablished pursuant to section 5 of the Choice in Drug

2 Treatment Act of 2000, signed by the Mayor on April 20,

3 2000 (D.C. Act 13–329): Provided further, That the Dis4 trict of Columbia is authorized to enter into a long-term

5 lease of Hamilton Field with Gonzaga College High School

6 and that, in exchange for such a lease, Gonzaga will intro7 duce and implement a youth baseball program focused on

8 13 to 18 year old residents, said program to include sum9 mer and fall baseball programs and baseball clinics.

10 PUBLIC WORKS

11 Public works, including rental of one passenger-car12 rying vehicle for use by the Mayor and three passenger13 carrying vehicles for use by the Council of the District of

14 Columbia and leasing of passenger-carrying vehicles,

15 $278,242,000 (including $265,078,000 from local funds,

16 $3,328,000 from Federal funds, and $9,836,000 from

17 other funds): Provided, That of the $150,000,000 freed18 up appropriations provided for by this Act, $1,500,000

19 shall be available to Public Works, $1,000,000 to the De20 partment of Motor Vehicles, and $1,550,000 to the Taxi21 cab Commission, prioritized pursuant to an act of the

22 Council: Provided further, That this appropriation shall

23 not be available for collecting ashes or miscellaneous

24 refuse from hotels and places of business: Provided fur25 ther, That $100,000 be available for a commercial sector
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1 recycling initiative: Provided further, That $250,000 be

2 available to initiate a recycling education campaign: Pro3 vided further, That $10,000 be available for community

4 clean-up kits: Provided further, That $190,000 be avail5 able to restore 3.5 percent vacancy rate in Parking Serv6 ices: Provided further, That $170,000 be available to plant

7 500 trees: Provided further, That $118,000 be available

8 for two water trucks: Provided further, That $150,000 be

9 available for contract monitors and parking analysts with10 in Parking Services: Provided further, That $1,409,000 be

11 available for a neighborhood cleanup initiative: Provided

12 further, That $1,000,000 be available for tree mainte13 nance: Provided further, That $600,000 be available for

14 an anti-graffiti program: Provided further, That $226,000

15 be available for a hazardous waste program: Provided fur16 ther, That $1,260,000 be available for parking control

17 aides: Provided further, That $400,000 be available for the

18 Department of Motor Vehicles to hire additional ticket ad19 judicators, conduct additional hearings, and reduce the

20 waiting time for hearings.

21 RECEIVERSHIP PROGRAMS

22 For all agencies of the District of Columbia govern23 ment under court ordered receivership, $389,528,000 (in24 cluding $234,913,000 from local funds, $135,555,000

25 from Federal funds, and $19,060,000 from other funds):
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1 Provided, That of the $150,000,000 freed-up appropria2 tion provided for by this Act, $6,300,000 shall be available

3 to the LaShawn Receivership and $13,000,000 to the

4 Commission on Mental Health, prioritized pursuant to an

5 act of the Council.

6 RESERVE FUNDS

7 (a) IN GENERAL.—The District of Columbia Home

8 Rule Act is amended by inserting after section 450 the

9 following:

10 ‘‘SEC. 450A. (a) CONTINGENCY RESERVE FUND.—

11 ‘‘(1) IN GENERAL.—As provided in paragraph

12 (2), there is established a contingency cash reserve

13 fund (in this subsection referred to as the ‘contin14 gency reserve fund’) as an interest-bearing account

15 (separate from other accounts in the General Fund)

16 into which the Mayor shall deposit in cash at least

17 3 percent of the total budget appropriated for oper18 ating expenditures for a fiscal year.

19 ‘‘(2) ESTABLISHMENT OF CONTINGENCY RE20 SERVE FUND.—Commencing October 1, 2000, and

21 not later than October 1 of each fiscal year until fis22 cal year 2006, the Mayor of the District of Columbia

23 shall deposit into the contingency reserve fund at

24 least 0.5 percent of the total budget appropriated for

25 operating expenditures for such fiscal year to be in-
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1 creased by at least 0.5 percent each fiscal year

2 through 2006. The deposits made to the contingency

3 reserve fund when 3 percent is reached, but no later

4 than fiscal year 2006 and thereafter shall total at

5 least 3 percent of the total budget appropriated for

6 operating expenditures for that fiscal year as pro7 vided in paragraph (1).

8 ‘‘(3) INTEREST.—Interest earned on the contin9 gency reserve fund shall remain in the account and

10 may only be withdrawn in accordance with para11 graph (4).

12 ‘‘(4) CRITERIA FOR USE OF AMOUNTS IN CON13 TINGENCY RESERVE FUND.—The Chief Financial

14 Officer, in consultation with the Mayor, shall develop

15 a policy governing the use of the contingency reserve

16 fund which shall include the following requirements:

17 ‘‘(A) The contingency reserve fund may

18 only be used to provide for nonrecurring or un19 foreseen needs that arise during the fiscal year,

20 including expenses associated with unforeseen

21 weather or other natural disasters, unexpected

22 liability created by Federal law or new public

23 safety or health needs or requirements that

24 have been identified after the budget process
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1 has occurred, or opportunities to achieve cost

2 savings.

3 ‘‘(B) The contingency reserve fund may be

4 used, if needed, to cover revenue shortfalls ex5 perienced by the District government for 3 con6 secutive months (based on a 2 month rolling av7 erage) that are 5 percent or more below the

8 budget forecast.

9 ‘‘(C) The contingency reserve fund may

10 not be used to fund any shortfalls in any pro11 jected reductions which are included in the

12 budget proposed by the District of Columbia for

13 the fiscal year.

14 ‘‘(5) ALLOCATION OF CONTINGENCY CASH RE15 SERVE.—Funds may be allocated from the contin16 gency reserve fund only after—

17 ‘‘(A) an analysis has been prepared by the

18 Chief Financial Officer; and

19 ‘‘(B) all other surplus funds available to

20 the District of Columbia for the fiscal year have

21 been fully exhausted.

22 ‘‘(6) REPLENISHMENT.—The District of Co23 lumbia shall allocate sufficient funds each fiscal year

24 in the budget process to replenish any amounts allo25 cated from the contingency reserve fund during the
28

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1 preceding fiscal year by the following fiscal year.

2 Once the contingency reserve equals 3 percent of

3 total funds appropriated for operating expenditures,

4 the District of Columbia shall allocate sufficient

5 funds each fiscal year in the budget process to re6 plenish any amounts allocated from the contingency

7 reserve fund during the preceding year to maintain

8 a balance of at least 3 percent of total funds appro9 priated for operating expenditures by the following

10 fiscal year.

11 ‘‘(b) EMERGENCY RESERVE FUND.—

12 ‘‘(1) IN GENERAL.—As provided in paragraph

13 (2), there is established an emergency cash reserve

14 fund (in this subsection referred to as the ‘emer15 gency reserve fund’) as an interest-bearing account

16 (separate from other accounts in the General Fund)

17 into which the Mayor shall deposit in cash at least

18 4 percent of the total budget appropriated for oper19 ating expenditures for a fiscal year.

20 ‘‘(2) ESTABLISHMENT OF EMERGENCY RE21 SERVE FUND.—Commencing October 1, 2000, and

22 not later than February 15 of each fiscal year until

23 fiscal year 2008, the Mayor of the District of Co24 lumbia shall deposit into the emergency reserve fund

25 at least 0.5 percent of the total budget appropriated
29

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1 for operating expenditures for such fiscal year to be

2 increased by at least 0.5 percent each fiscal year

3 through 2008. The deposits made to the emergency

4 reserve fund when 4 percent is reached, but no later

5 than fiscal year 2008 and thereafter shall total at

6 least 4 percent of the total budget appropriated for

7 operating expenditures for that fiscal year as pro8 vided in paragraph (1).

9 ‘‘(3) INTEREST.—Interest earned on the emer10 gency reserve fund shall remain in the account and

11 shall only be withdrawn in accordance with para12 graph (4).

13 ‘‘(4) CRITERIA FOR USE OF AMOUNTS IN EMER14 GENCY RESERVE FUND.—The Chief Financial Offi15 cer, in consultation with the Mayor, shall develop a

16 policy to govern the emergency reserve fund which

17 shall include requirements that—

18 ‘‘(A) the emergency reserve fund may be

19 used to provide for unanticipated and non20 recurring extraordinary needs of an emergency

21 nature, including a natural disaster or calamity

22 as defined by section 102 of the Robert T. Staf23 ford Disaster Relief and Emergency Assistance

24 Act (Public Law 100–707) or unexpected liabil25 ity by Federal law;
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1 ‘‘(B) the emergency reserve fund may also

2 be used in the event of a State of Emergency

3 as declared by the Mayor pursuant to section

4 6–1504 of the District of Columbia Code; and

5 ‘‘(C) the emergency reserve fund may not

6 be used to fund—

7 ‘‘(i) any department, agency, or office

8 of the Government of the District of Co9 lumbia which is administered by a receiver

10 or other official appointed by a court;

11 ‘‘(ii) shortfalls in any projected reduc12 tions which are included in the budget pro13 posed by the District of Columbia for the

14 fiscal year; or

15 ‘‘(iii) settlements and judgments made

16 by or against the Government of the Dis17 trict of Columbia.

18 ‘‘(4) ALLOCATION OF EMERGENCY CASH RE19 SERVE FUNDS.—Funds may be allocated from the

20 emergency reserve fund only after—

21 ‘‘(A) an analysis has been prepared by the

22 Chief Financial Officer; and

23 ‘‘(B) the contingency reserve fund estab24 lished by subsection (a) has been exhausted.
31

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1 ‘‘(5) NOTICE.—The Mayor, Council of the Dis2 trict of Columbia, and, in the case of a fiscal year

3 which is a control year (as defined in section 305(4)

4 of the District of Columbia Financial Responsibility

5 and Management Assistance Act of 1995), the Dis6 trict of Columbia Financial Responsibility and Man7 agement Assistance Authority shall notify the Com8 mittees on Appropriations of the Senate and House

9 of Representatives in writing not more than 30 days

10 after the expenditure of funds from the emergency

11 reserve fund.

12 ‘‘(6) REPLENISHMENT.—The District of Co13 lumbia shall allocate sufficient funds each fiscal year

14 in the budget process to replenish any amounts allo15 cated from the emergency reserve fund during the

16 preceding fiscal year by the following fiscal year.

17 Once the emergency reserve equals 4 percent of total

18 budget appropriated for operating expenditures for

19 the fiscal year, the District of Columbia shall allo20 cate sufficient funds each fiscal year in the budget

21 process to replenish any amounts allocated from the

22 emergency reserve fund during the preceding year to

23 maintain a balance of at least 4 percent of total

24 funds appropriated for operating expenditures by the

25 following fiscal year.
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1 ‘‘(c) QUARTERLY REPORTS.—The Chief Financial

2 Officer shall submit a quarterly report to the Mayor, the

3 Council of the District of Columbia, (in the case of a fiscal

4 year which is a control year, as defined in section 305(4)

5 of the District of Columbia Financial Responsibility and

6 Management Assistance Act of 1995) the District of Co7 lumbia Financial Responsibility and Management Assist8 ance Authority, and the Committees on Appropriations of

9 the Senate and House of Representatives that includes a

10 monthly statement on the balance and activities of the

11 contingency and emergency reserve funds.’’.

12 (b) REPEAL.—Section 202(j) of the District of Co13 lumbia Financial Responsibility and Management Assist14 ance Act of 1995 is repealed.

15 (c) EFFECTIVE DATE.—This section and the amend16 ments made by this section shall take effect on October

17 1, 2000.

18 REPAYMENT OF LOANS AND INTEREST

19 For payment of principal, interest and certain fees

20 directly resulting from borrowing by the District of Co21 lumbia to fund District of Columbia capital projects as

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

23 of Columbia Home Rule Act, approved December 24,

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

25 the $150,000,000 freed-up appropriations provided for by
33

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1 this Act, the balance remaining after other expenditures

2 shall be used for Pay-As-You-Go Capital Funds in lieu of

3 capital financing, prioritized pursuant to an act of the

4 Council: Provided further, That any funds set aside pursu5 ant to section 148 of the District of Columbia Appropria6 tions Act (Public Law 106–113; 113 Stat. 1531) that are

7 not used in the reserve funds established herein shall be

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

9 That for equipment leases, the Mayor may finance

10 $19,232,000 of equipment cost, plus cost of issuance not

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

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

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

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

15 Fire and Emergency Medical Services Department,

16 $1,622,000 for the Public Library, $2,010,000 for the De17 partment of Parks and Recreation, $7,500,000 for the De18 partment of Public Works and $1,800,000 for the Public

19 Benefit Corporation.

20 REPAYMENT OF GENERAL FUND RECOVERY DEBT

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

22 general fund accumulated deficit as of September 30,

23 1990, $39,300,000 from local funds, as authorized by sec24 tion 461(a) of the District of Columbia Home Rule Act

25 (105 Stat. 540; D.C. Code, sec. 47–321(a)(1)).
34

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1 PAYMENT OF INTEREST ON SHORT-TERM BORROWING

2 For payment of interest on short-term borrowing,

3 $1,140,000 from local funds.

4 PRESIDENTIAL INAUGURATION

5 For reimbursement for necessary expenses incurred

6 in connection with Presidential inauguration activities as

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

8 Home Rule Act, Public Law 93–198, as amended, ap9 proved December 24, 1973 (87 Stat. 824; D.C. Code, sec.

10 1–1803), $6,211,000, which shall be apportioned by the

11 Chief Financial Officer within the various appropriation

12 headings in this Act.

13 CERTIFICATES OF PARTICIPATION

14 For lease payments in accordance with the Certifi15 cates of Participation involving the land site underlying

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

17 from local funds.

18 WILSON BUILDING

19 For expenses associated with the John A. Wilson

20 Building, $8,409,000.

21 OPTICAL AND DENTAL INSURANCE PAYMENTS

22 For optical and dental insurance payments,

23 $2,675,000 from local funds.
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1 MANAGEMENT SUPERVISORY SERVICE

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

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

4 District of Columbia among the various appropriation

5 headings in this Act for which employees are properly pay6 able.

7 TOBACCO SETTLEMENT TRUST FUND TRANSFER

8 PAYMENT

9 There is transferred $61,406,000 to the Tobacco Set10 tlement Trust Fund established pursuant to section 2302

11 of the Tobacco Settlement Trust Fund Establishment Act

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

13 be codified at D.C. Code, sec. 6–135), to be spent pursu14 ant to local law.

15 OPERATIONAL IMPROVEMENTS SAVINGS (INCLUDING

16 MANAGED COMPETITION)

17 The Mayor and the Council in consultation of with

18 the Chief Financial Officer and the District of Columbia

19 Financial Responsibility and Management Assistance Au20 thority, shall make reductions of $10,000,000 for oper21 ational improvements savings in local funds to one or more

22 of the appropriation headings in this Act.

23 MANAGEMENT REFORM SAVINGS

24 The Mayor and the Council in consultation of with

25 the Chief Financial Officer and the District of Columbia
36

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1 Financial Responsibility and Management Assistance Au2 thority, shall make reductions of $37,000,000 for manage3 ment reform savings in local funds to one or more of the

4 appropriation headings in this Act.

5 CAFETERIA PLAN

6 For the implementation of a Cafeteria Plan pursuant

7 to Federal law, a reduction of $5,000,000: Provided, That

8 of the $150,000,000 freed-up appropriations provided for

9 by this Act, $5,000,000 shall be available for the savings

10 associated with the implementation of the Cafeteria Plan,

11 prioritized pursuant to an act of the Council.

12 ENTERPRISE AND OTHER FUNDS

13 WATER AND SEWER AUTHORITY AND THE WASHINGTON

14 AQUEDUCT

15 For operation of the Water and Sewer Authority and

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

17 (including $230,614,000 for the Water and Sewer Author18 ity and $45,091,000 for the Washington Aqueduct) of

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

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

21 interest incurred for capital improvement projects.

22 For construction projects, $140,725,000, as author23 ized by the Act entitled ‘‘An Act authorizing the laying

24 of watermains and service sewers in the District of Colum25 bia, the levying of assessments therefor, and for other pur-
37

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1 poses’’ (33 Stat. 244; Public Law 58–140; D.C. Code, sec.

2 43–1512 et seq.): Provided, That the requirements and

3 restrictions that are applicable to general fund capital im4 provements projects and set forth in this Act under the

5 Capital Outlay appropriation title shall apply to projects

6 approved under this appropriation title.

7 LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

8 For the Lottery and Charitable Games Enterprise

9 Fund, established by the District of Columbia Appropria10 tion Act for the fiscal year ending September 30, 1982,

11 (95 Stat. 1174 and 1175; Public Law 97–91), for the pur12 pose of implementing the Law to Legalize Lotteries, Daily

13 Numbers Games, and Bingo and Raffles for Charitable

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

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

16 $223,200,000: Provided, That the District of Columbia

17 shall identify the source of funding for this appropriation

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

19 Provided further, That no revenues from Federal sources

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

21 Lottery and Charitable Games Control Board.

22 SPORTS AND ENTERTAINMENT COMMISSION

23 For the Sports and Entertainment Commission,

24 $10,968,000 from other funds: Provided, That the Mayor

25 shall submit a budget for the Armory Board for the forth-
38

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1 coming fiscal year as required by section 442(b) of the

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

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

4 DISTRICT OF COLUMBIA HEALTH AND HOSPITALS

5 PUBLIC BENEFIT CORPORATION

6 For the District of Columbia Health and Hospitals

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

8 212; D.C. Code, sec. 32–262.2, $123,548,000 of which

9 $45,313,000 shall be derived by transfer from the general

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

11 no amounts may be made available to the Corporation

12 (through reprogramming, transfers, loans, or any other

13 mechanism) which are not otherwise provided for under

14 this heading.

15 DISTRICT OF COLUMBIA RETIREMENT BOARD

16 For the District of Columbia Retirement Board, es17 tablished by section 121 of the District of Columbia Re18 tirement Reform Act of 1979 (93 Stat. 866; D.C. Code,

19 sec. 1–711), $11,414,000 from the earnings of the appli20 cable retirement funds to pay legal, management, invest21 ment, and other fees and administrative expenses of the

22 District of Columbia Retirement Board: Provided, That

23 the District of Columbia Retirement Board shall provide

24 the Mayor, for transmittal to the Council of the District

25 of Columbia, an itemized accounting of the planned use
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1 of appropriated funds in time for each annual budget sub2 mission and the actual use of such funds in time for each

3 annual audited financial report.

4 CORRECTIONAL INDUSTRIES FUND

5 For the Correctional Industries Fund, established by

6 the District of Columbia Correctional Industries Estab7 lishment Act (78 Stat. 1000; Public Law 88–622),

8 $1,808,000 from other funds.

9 WASHINGTON CONVENTION CENTER ENTERPRISE FUND

10 For the Washington Convention Center Enterprise

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

12 CAPITAL OUTLAY

13 (INCLUDING RESCISSIONS)

14 For construction projects, an increase of

15 $1,077,282,000 of which $806,787,000 is from local

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

17 $204,049,000 is from Federal funds, and a rescission of

18 $55,208,000 from local funds appropriated under this

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

20 $1,022,074,000 to remain available until expended: Pro21 vided, That funds for use of each capital project imple22 menting agency shall be managed and controlled in ac23 cordance with all procedures and limitations established

24 under the Financial Management System: Provided fur25 ther, That all funds provided by this appropriation title
40

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1 shall be available only for the specific projects and pur2 poses intended: Provided further, That notwithstanding

3 the foregoing, all authorizations for capital outlay

4 projects, except those projects covered by the first sen5 tence of section 23(a) of the Federal-Aid Highway Act of

6 1968 (82 Stat. 827; Public Law 90–495; D.C. Code, sec.

7 7–134, note), for which funds are provided by this appro8 priation title, shall expire on September 30, 2002, except

9 authorizations for projects as to which funds have been

10 obligated in whole or in part prior to September 30, 2002:

11 Provided further, That upon expiration of any such project

12 authorization, the funds provided herein for the project

13 shall lapse.

14 GENERAL PROVISIONS

15 SEC. 101. Whenever in this Act, an amount is speci16 fied within an appropriation for particular purposes or ob17 jects of expenditure, such amount, unless otherwise speci18 fied, shall be considered as the maximum amount that

19 may be expended for said purpose or object rather than

20 an amount set apart exclusively therefor.

21 SEC. 102. Appropriations in this Act shall be avail22 able for expenses of travel and for the payment of dues

23 of organizations concerned with the work of the District

24 of Columbia government, when authorized by the Mayor:

25 Provided, That in the case of the Council of the District
41

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1 of Columbia, funds may be expended with the authoriza2 tion of the chair of the Council.

3 SEC. 103. There are appropriated from the applicable

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

5 necessary for making refunds and for the payment of

6 judgments that have been entered against the District of

7 Columbia government: Provided, That nothing contained

8 in this section shall be construed as modifying or affecting

9 the provisions of section 11(c)(3) of title XII of the Dis10 trict of Columbia Income and Franchise Tax Act of 1947

11 (70 Stat. 78; Public Law 84–460; D.C. Code, sec. 47–

12 1812.11(c)(3)).

13 SEC. 104. No funds appropriated in this Act for the

14 District of Columbia government for the operation of edu15 cational institutions, the compensation of personnel, or for

16 other educational purposes may be used to permit, encour17 age, facilitate, or further partisan political activities.

18 Nothing herein is intended to prohibit the availability of

19 school buildings for the use of any community or partisan

20 political group during non-school hours.

21 SEC. 105. None of the funds appropriated in this Act

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

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

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

25 not available for inspection by the House and Senate Com-
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1 mittees on Appropriations, the Subcommittee on the Dis2 trict of Columbia of the House Committee on Government

3 Reform, the Subcommittee on Oversight of Government

4 Management, Restructuring and the District of Columbia

5 of the Senate Committee on Governmental Affairs, and

6 the Council of the District of Columbia, or their duly au7 thorized representative.

8 SEC. 106. There are appropriated from the applicable

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

10 necessary for making payments authorized by the District

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

12 2–20; D.C. Code, sec. 47–421 et seq.).

13 SEC. 107. No part of this appropriation shall be used

14 for publicity or propaganda purposes or implementation

15 of any policy including boycott designed to support or de16 feat legislation pending before Congress or any State legis17 lature.

18 SEC. 108. At the start of the fiscal year, the Mayor

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

20 for capital outlay borrowings: Provided, That within a rea21 sonable time after the close of each quarter, the Mayor

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

23 the Congress the actual borrowings and spending progress

24 compared with projections.
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1 SEC. 109. None of the funds provided under this Act

2 to the agencies funded by this Act, both Federal and Dis3 trict government agencies, that remain available for obli4 gation or expenditure in fiscal year 2001, or provided from

5 any accounts in the Treasury of the United States derived

6 by the collection of fees available to the agencies funded

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

8 for an agency through a reprogramming of funds which:

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

10 project, or responsibility center; (3) establishes or changes

11 allocations specifically denied, limited or increased by Con12 gress in this Act; (4) increases funds or personnel by any

13 means for any program, project, or responsibility center

14 for which funds have been denied or restricted; (5) rees15 tablishes through reprogramming any program or project

16 previously deferred through reprogramming; (6) augments

17 existing programs, projects, or responsibility centers

18 through a reprogramming of funds in excess of

19 $1,000,000 or 10 percent, whichever is less; or (7) in20 creases by 20 percent or more personnel assigned to a spe21 cific program, project, or responsibility center; unless the

22 Appropriations Committees of both the Senate and House

23 of Representatives are notified in writing 30 days in ad24 vance of any reprogramming as set forth in this section.
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1 SEC. 110. Consistent with the provisions of 31 U.S.C.

2 1301(a), appropriations under this Act shall be applied

3 only to the objects for which the appropriations were made

4 except as otherwise provided by law.

5 SEC. 111. Notwithstanding any other provisions of

6 law, the provisions of the District of Columbia Govern7 ment Comprehensive Merit Personnel Act of 1978 (D.C.

8 Law 2–139; D.C. Code, sec. 1–601.1 et seq.), enacted pur9 suant to section 422(3) of the District of Columbia Home

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

11 sec. 1–242(3)), shall apply with respect to the compensa12 tion of District of Columbia employees: Provided, That for

13 pay purposes, employees of the District of Columbia gov14 ernment shall not be subject to the provisions of title 5,

15 United States Code.

16 SEC. 112. No later than 30 days after the end of the

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

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

19 Council of the District of Columbia the new fiscal year

20 2001 revenue estimates as of the end of the first quarter

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

22 budget request for the fiscal year ending September 30,

23 2002. The officially revised estimates at midyear shall be

24 used for the midyear report.
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1 SEC. 113. No sole source contract with the District

2 of Columbia government or any agency thereof may be re3 newed or extended without opening that contract to the

4 competitive bidding process as set forth in section 303 of

5 the District of Columbia Procurement Practices Act of

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

7 that the District of Columbia government or any agency

8 thereof may renew or extend sole source contracts for

9 which competition is not feasible or practical: Provided,

10 That the determination as to whether to invoke the com11 petitive bidding process has been made in accordance with

12 duly promulgated rules and procedures and said deter13 mination has been reviewed and approved by the District

14 of Columbia Financial Responsibility and Management

15 Assistance Authority.

16 SEC. 114. For purposes of the Balanced Budget and

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

18 Public Law 99–177), the term ‘‘program, project, and ac19 tivity’’ shall be synonymous with and refer specifically to

20 each account appropriating Federal funds in this Act, and

21 any sequestration order shall be applied to each of the ac22 counts rather than to the aggregate total of those ac23 counts: Provided, That sequestration orders shall not be

24 applied to any account that is specifically exempted from
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1 sequestration by the Balanced Budget and Emergency

2 Deficit Control Act of 1985.

3 SEC. 115. In the event a sequestration order is issued

4 pursuant to the Balanced Budget and Emergency Deficit

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

6 after the amounts appropriated to the District of Colum7 bia for the fiscal year involved have been paid to the Dis8 trict of Columbia, the Mayor of the District of Columbia

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

10 after receipt of a request therefor from the Secretary of

11 the Treasury, such amounts as are sequestered by the

12 order: Provided, That the sequestration percentage speci13 fied in the order shall be applied proportionately to each

14 of the Federal appropriation accounts in this Act that are

15 not specifically exempted from sequestration by such Act.

16 SEC. 116. (a) An entity of the District of Columbia

17 government may accept and use a gift or donation during

18 fiscal year 2001 if—

19 (1) the Mayor approves the acceptance and use

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

21 of the District of Columbia may accept and use gifts

22 without prior approval by the Mayor; and

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

24 out its authorized functions or duties.
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1 (b) Each entity of the District of Columbia govern2 ment shall keep accurate and detailed records of the ac3 ceptance and use of any gift or donation under subsection

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

5 for audit and public inspection.

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

7 of the District of Columbia government’’ includes an inde8 pendent agency of the District of Columbia.

9 (d) This section shall not apply to the District of Co10 lumbia Board of Education, which may, pursuant to the

11 laws and regulations of the District of Columbia, accept

12 and use gifts to the public schools without prior approval

13 by the Mayor.

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

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

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

17 offices of United States Senator or United States Rep18 resentative under section 4(d) of the District of Columbia

19 Statehood Constitutional Convention Initiatives of 1979

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

21 SEC. 118. REPORTING REQUIREMENTS FOR THE

22 DISTRICT OF COLUMBIA PUBLIC SCHOOLS AND THE UNI23 VERSITY OF THE DISTRICT OF COLUMBIA. (a) The Super24 intendent of the District of Columbia Public Schools

25 [DCPS] and the University of the District of Columbia
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1 [UDC] shall each submit to the Committees on Appropria2 tions of the House of Representatives and Senate, the

3 Committee on Government Reform of the House of Rep4 resentatives, and the Committee on Governmental Affairs

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

6 end of each quarter a report that sets forth—

7 (1) current quarter expenditures and obliga8 tions, year-to-date expenditures and obligations, and

9 total fiscal year expenditure projections versus budg10 et broken out on the basis of control center, respon11 sibility center, and object class, and for all funds,

12 non-appropriated funds, and capital financing;

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

14 frozen and the amount of funds frozen, broken out

15 by control center, responsibility center, detailed ob16 ject, and for all funding sources;

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

18 $10,000 annually, which contains the name of each

19 contractor; the budget to which the contract is

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

21 responsibility center, and agency reporting code; and

22 contract identifying codes used by DCPS and UDC;

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

24 the total amount of the contract and total payments

25 made for the contract and any modifications, exten-
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1 sions, renewals; and specific modifications made to

2 each contract in the last month;

3 (4) all reprogramming requests and reports

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

5 the Board of Education; and

6 (5) all reprogramming requests and reports

7 that have been made by UDC within the last quarter

8 in compliance with applicable law; and

9 (6) changes made in the last quarter to the or10 ganizational structure of DCPS and UDC, dis11 playing for each entity previous and current control

12 centers and responsibility centers, the names of the

13 organizational entities that have been changed, the

14 name of the staff member supervising each entity af15 fected, and the reasons for the structural change.

16 (b) The Superintendent of DCPS and UDC shall an17 nually compile an accurate and verifiable report on the

18 positions and employees in the public school system and

19 the university, respectively. The annual report shall—

20 (1) set forth the number of validated schedule

21 A positions in the District of Columbia public

22 schools and UDC for fiscal year 2001, and there23 after on full-time equivalent basis, including a com24 pilation of all positions by control center, responsi-
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1 bility center, funding source, position type, position

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

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

4 the District of Columbia public schools and UDC as

5 of the preceding December 31, verified as to its ac6 curacy in accordance with the functions that each

7 employee actually performs, by control center, re8 sponsibility center, agency reporting code, program

9 (including funding source), activity, location for ac10 counting purposes, job title, grade and classification,

11 annual salary, and position control number; and

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

13 the District of Columbia Council, the Consensus

14 Commission, and the Authority, not later than Feb15 ruary 15 of each year.

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

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

18 whichever occurs later, and each succeeding year, the Su19 perintendent of DCPS and UDC shall submit to the ap20 propriate congressional committees, the Mayor, the Dis21 trict of Columbia Council, the Consensus Commission, and

22 the District of Columbia Financial Responsibility and

23 Management Assistance Authority, a revised appropriated

24 funds operating budget for the public school system and

25 UDC for such fiscal year: (1) that is in the total amount
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1 of the approved appropriation and that realigns budgeted

2 data for personal services and other-than-personal serv3 ices, respectively, with anticipated actual expenditures;

4 and (2) that is in the format of the budget that the Super5 intendent of DCPS and UDC submit to the Mayor of the

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

7 submission to the Council of the District of Columbia pur8 suant to section 442 of the District of Columbia Home

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

10 SEC. 119. Funds authorized or previously appro11 priated to the government of the District of Columbia by

12 this or any other Act to procure the necessary hardware

13 and installation of new software, conversion, testing, and

14 training to improve or replace its financial management

15 system are also available for the acquisition of accounting

16 and financial management services and the leasing of nec17 essary hardware, software or any other related goods or

18 services, as determined by the District of Columbia Finan19 cial Responsibility and Management Assistance Authority.

20 SEC. 120. (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, including

23 an administrative proceeding, brought against the District

24 of Columbia Public Schools under the Individuals with

25 Disabilities Education Act (20 U.S.C. 1400 et seq.) if—
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1 (1) the hourly rate of compensation of the at2 torney exceeds 120 percent of the hourly rate of

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

4 Columbia Code; or

5 (2) the maximum amount of compensation of

6 the attorney exceeds 120 percent of the maximum

7 amount of compensation under section 11–

8 2604(b)(1), District of Columbia Code, except that

9 compensation and reimbursement in excess of such

10 maximum may be approved for extended or complex

11 representation in accordance with section 11–

12 2604(c), District of Columbia Code.

13 (b) Notwithstanding the preceding subsection, if the

14 Mayor, District of Columbia Financial Responsibility and

15 Management Assistance Authority and the Superintendent

16 of the District of Columbia Public Schools concur in a

17 Memorandum of Understanding setting forth a new rate

18 and amount of compensation, then such new rates shall

19 apply in lieu of the rates set forth in the preceding sub20 section.

21 SEC. 121. None of the funds appropriated under this

22 Act shall be expended for any abortion except where the

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

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

25 an act of rape or incest.
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1 SEC. 122. None of the funds made available in this

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

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

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

5 enforce any system of registration of unmarried, cohab6 iting couples (whether homosexual, heterosexual, or les7 bian), including but not limited to registration for the pur8 pose of extending employment, health, or governmental

9 benefits to such couples on the same basis that such bene10 fits are extended to legally married couples.

11 SEC. 123. The District of Columbia Financial Re12 sponsibility and Management Assistance Authority, acting

13 on behalf of the District of Columbia Public Schools

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

15 Trustees of the University of the District of Columbia, the

16 Board of Library Trustees, and the Board of Governors

17 of the University of the District of Columbia School of

18 Law shall vote on and approve the respective annual or

19 revised budgets for such entities before submission to the

20 Mayor of the District of Columbia for inclusion in the

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

22 of Columbia in accordance with section 442 of the District

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

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

25 budgets directly to the Council.
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1 SEC. 124. (a) ACCEPTANCE AND USE OF GRANTS

2 NOT INCLUDED IN CEILING.—

3 (1) IN GENERAL.—Notwithstanding any other

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

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

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

7 Financial Responsibility and Management Assistance

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

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

10 and other grants received by the District govern11 ment that are not reflected in the amounts appro12 priated in this Act.

13 (2) REQUIREMENT OF CHIEF FINANCIAL OFFI14 CER REPORT AND AUTHORITY APPROVAL.—No such

15 Federal, private, or other grant may be accepted, ob16 ligated, or expended pursuant to paragraph (1)

17 until—

18 (A) the Chief Financial Officer of the Dis19 trict of Columbia submits to the Authority a re20 port setting forth detailed information regard21 ing such grant; and

22 (B) the Authority has reviewed and ap23 proved the acceptance, obligation, and expendi24 ture of such grant in accordance with review

25 and approval procedures consistent with the
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1 provisions of the District of Columbia Financial

2 Responsibility and Management Assistance Act

3 of 1995.

4 (3) PROHIBITION ON SPENDING IN ANTICIPA5 TION OF APPROVAL OR RECEIPT.—No amount may

6 be obligated or expended from the general fund or

7 other funds of the District government in anticipa8 tion of the approval or receipt of a grant under

9 paragraph (2)(B) of this subsection or in anticipa10 tion of the approval or receipt of a Federal, private,

11 or other grant not subject to such paragraph.

12 (4) QUARTERLY REPORTS.—The Chief Finan13 cial Officer of the District of Columbia shall prepare

14 a quarterly report setting forth detailed information

15 regarding all Federal, private, and other grants sub16 ject to this subsection. Each such report shall be

17 submitted to the Council of the District of Columbia,

18 and to the Committees on Appropriations of the

19 House of Representatives and the Senate, not later

20 than 15 days after the end of the quarter covered

21 by the report.

22 (b) REPORT ON EXPENDITURES BY FINANCIAL RE23 SPONSIBILITY AND MANAGEMENT ASSISTANCE AUTHOR24 ITY.—Not later than 20 calendar days after the end of

25 each fiscal quarter starting October 1, 1999, the Authority
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1 shall submit a report to the Committees on Appropriations

2 of the House of Representatives and the Senate, the Com3 mittee on Government Reform of the House, and the Com4 mittee on Governmental Affairs of the Senate providing

5 an itemized accounting of all non-appropriated funds obli6 gated or expended by the Authority for the quarter. The

7 report shall include information on the date, amount, pur8 pose, and vendor name, and a description of the services

9 or goods provided with respect to the expenditures of such

10 funds.

11 SEC. 125. If a department or agency of the govern12 ment of the District of Columbia is under the administra13 tion of a court-appointed receiver or other court-appointed

14 official during fiscal year 2001 or any succeeding fiscal

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

16 the Mayor, for inclusion in the annual budget of the Dis17 trict of Columbia for the year, annual estimates of the

18 expenditures and appropriations necessary for the mainte19 nance and operation of the department or agency. All such

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

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

22 District of Columbia Home Rule Act, without revision but

23 subject to the Mayor’s recommendations. Notwithstanding

24 any provision of the District of Columbia Home Rule Act

25 (87 Stat. 774; Public Law 93–198), the Council may com-
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1 ment or make recommendations concerning such annual

2 estimates but shall have no authority under such Act to

3 revise such estimates.

4 SEC. 126. (a) RESTRICTIONS ON USE OF OFFICIAL

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

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

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

8 of the District of Columbia with an official vehicle unless

9 the officer or employee uses the vehicle only in the per10 formance of the officer’s or employee’s official duties. For

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

12 not include travel between the officer’s or employee’s resi13 dence and workplace (except: (1) in the case of an officer

14 or employee of the Metropolitan Police Department who

15 resides in the District of Columbia or is otherwise des16 ignated by the Chief of the Department; (2) at the discre17 tion of the Fire Chief, an officer or employee of the Dis18 trict of Columbia Fire and Emergency Medical Services

19 Department who resides in the District of Columbia and

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

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

22 District of Columbia).

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

24 Officer of the District of Columbia shall submit, by No25 vember 15, 2000, an inventory, as of September 30, 2000,
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1 of all vehicles owned, leased or operated by the District

2 of Columbia government. The inventory shall include, but

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

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

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

6 operating and maintenance costs; current mileage; and

7 whether the vehicle is allowed to be taken home by a Dis8 trict officer or employee and if so, the officer or employee’s

9 title and resident location.

10 SEC. 127. (a) SOURCE OF PAYMENT FOR EMPLOY11 EES DETAILED WITHIN GOVERNMENT.—For purposes of

12 determining the amount of funds expended by any entity

13 within the District of Columbia government during fiscal

14 year 2001 and each succeeding fiscal year, any expendi15 tures of the District government attributable to any officer

16 or employee of the District government who provides serv17 ices which are within the authority and jurisdiction of the

18 entity (including any portion of the compensation paid to

19 the officer or employee attributable to the time spent in

20 providing such services) shall be treated as expenditures

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

22 the officer or employee is assigned to the entity or other23 wise treated as an officer or employee of the entity.

24 (b) MODIFICATION OF REDUCTION IN FORCE PROCE25 DURES.—Section 2408 of the District of Columbia Gov-
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1 ernment Comprehensive Merit Personnel Act of 1978, ef2 fective March 3, 1979 (D.C. Law 2–139; D.C. Code, sec.

3 1–625.7), is amended as follows:

4 (a) Subsection (a) is amended by striking the

5 date ‘‘September 30, 2000’’ and inserting the phrase

6 ‘‘September 30, 2000, and each subsequent fiscal

7 year’’ in its place.

8 (b) Subsection (b) is amended by striking the

9 phrase ‘‘Prior to February 1, 2000’’ and inserting

10 the phrase ‘‘Prior to February 1 of each year’’ in its

11 place.

12 (c) Subsection (i) is amended by striking the

13 phrase ‘‘March 1, 2000’’ and inserting the phrase

14 ‘‘March 1 of each year’’ in its place.

15 (d) Subsection (k) is amended by striking the

16 phrase ‘‘September 1, 2000’’ and inserting the

17 phrase ‘‘September 1 of each year’’in its place.

18 SEC. 128. Notwithstanding any other provision of

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

20 of Columbia Public Schools (DCPS) student is referred

21 for evaluation or assessment—

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

24 evaluate a student who may have a disability and

25 who may require special education services; and
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1 (2) if a student is classified as having a dis2 ability, as defined in section 101(a)(1) of the Indi3 viduals with Disabilities Education Act (84 Stat.

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

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

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

8 services.

9 SEC. 129. (a) COMPLIANCE WITH BUY AMERICAN

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

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

12 expending the funds the entity will comply with the Buy

13 American Act (41 U.S.C. 10a–10c).

14 (b) SENSE OF THE CONGRESS; REQUIREMENT RE15 GARDING NOTICE.—

16 (1) PURCHASE OF AMERICAN-MADE EQUIPMENT

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

18 product that may be authorized to be purchased

19 with financial assistance provided using funds made

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

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

24 practicable.
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1 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—

2 In providing financial assistance using funds made

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

4 Federal or District of Columbia government shall

5 provide to each recipient of the assistance a notice

6 describing the statement made in paragraph (1) by

7 the Congress.

8 (c) PROHIBITION OF CONTRACTS WITH PERSONS

9 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

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

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

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

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

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

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

19 9.409 of title 48, Code of Federal Regulations.

20 SEC. 130. None of the funds contained in this Act

21 may be used for purposes of the annual independent audit

22 of the District of Columbia government (including the Dis23 trict of Columbia Financial Responsibility and Manage24 ment Assistance Authority) for fiscal year 2001 unless—
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1 (1) the audit is conducted by the Inspector

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

5 1182.8(a)(4)); and

6 (2) the audit includes a comparison of audited

7 actual year-end results with the revenues submitted

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

10 SEC. 131. None of the funds contained in this Act

11 may be used by the District of Columbia Corporation

12 Counsel or any other officer or entity of the District gov13 ernment to provide assistance for any petition drive or civil

14 action which seeks to require Congress to provide for vot15 ing representation in Congress for the District of Colum16 bia.

17 SEC. 132. No later than November 1, 2000, or within

18 30 calendar days after the date of the enactment of this

19 Act, whichever occurs later, the Chief Financial Officer

20 of the District of Columbia shall submit to the appropriate

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

22 Columbia Financial Responsibility and Management As23 sistance Authority a revised appropriated funds operating

24 budget in the format of the budget that the District of

25 Columbia government submitted pursuant to section 442
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1 of the District of Columbia Home Rule Act (Public Law

2 93–198; D.C. Code, sec. 47–301), for all agencies of the

3 District of Columbia government for such fiscal year that

4 is in the total amount of the approved appropriation and

5 that realigns all budgeted data for personal services and

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

7 actual expenditures.

8 SEC. 133. (a) None of the funds contained in this

9 Act may be used for any program of distributing sterile

10 needles or syringes for the hypodermic injection of any ille11 gal drug.

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

13 contained in this Act and who carries out any program

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

15 for such program separately from any funds contained in

16 this Act.

17 SEC. 134. (a) RESTRICTIONS ON LEASES.—Upon the

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

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

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

21 a lease for the use of real property by the District of Co22 lumbia government (including any independent agency of

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

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

25 party to the lease) with the central office of the Deputy
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1 Mayor for Economic Development, in an indexed registry

2 available for public inspection.

3 (b) ADDITIONAL RESTRICTIONS ON CURRENT

4 LEASES.—

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

6 60-day period that begins on the date of the enact7 ment of this Act, in the case of a lease described in

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

9 Act may be used to make rental payments under the

10 lease unless the lease is included in periodic reports

11 submitted by the Mayor and Council of the District

12 of Columbia to the Committees on Appropriations of

13 the House of Representatives and Senate describing

14 for each such lease the following information:

15 (A) The location of the property involved,

16 the name of the owners of record according to

17 the land records of the District of Columbia,

18 the name of the lessors according to the lease,

19 the rate of payment under the lease, the period

20 of time covered by the lease, and the conditions

21 under which the lease may be terminated.

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

23 is not occupied by the District of Columbia gov24 ernment as of the end of the reporting period

25 involved.
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1 (C) If the property is not occupied and uti2 lized by the District government as of the end

3 of the reporting period involved, a plan for oc4 cupying and utilizing the property (including

5 construction or renovation work) or a status

6 statement regarding any efforts by the District

7 to terminate or renegotiate the lease.

8 (2) TIMING OF REPORTS.—The reports de9 scribed in paragraph (1) shall be submitted for each

10 calendar quarter (beginning with the quarter ending

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

12 end of the quarter involved, plus an initial report

13 submitted not later than 60 days after the date of

14 the enactment of this Act, which shall provide infor15 mation as of the date of the enactment of this Act.

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

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

18 the enactment of this Act for the use of real prop19 erty by the District of Columbia government (includ20 ing any independent agency of the District) which is

21 not being occupied by the District government (in22 cluding any independent agency of the District) as

23 of such date or during the 60-day period which be24 gins on the date of the enactment of this Act.
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1 SEC. 135. (a) MANAGEMENT OF EXISTING DISTRICT

2 GOVERNMENT PROPERTY.—Upon the expiration of the

3 60-day period that begins on the date of the enactment

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

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

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

7 District of Columbia government (including any inde8 pendent agency of the District) or to purchase real prop9 erty for the use of the District of Columbia government

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

11 manage real property for the use of the District of Colum12 bia (including any independent agency of the District) un13 less the following conditions are met:

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

15 Columbia certify to the Committees on Appropria16 tions of the House of Representatives and Senate

17 that existing real property available to the District

18 (whether leased or owned by the District govern19 ment) is not suitable for the purposes intended.

20 (2) Notwithstanding any other provisions of

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

22 property of the District of Columbia that the Mayor

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

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

25 members of the Council override the Mayor’s deter-
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1 mination during the 30-day period which begins on

2 the date the determination is published.

3 (3) The Mayor and Council implement a pro4 gram for the periodic survey of all District property

5 to determine if it is surplus to the needs of the Dis6 trict.

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

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

9 the Committees on Appropriations of the House of

10 Representatives and Senate, the Committee on Gov11 ernment Reform of the House of Representatives,

12 and the Committee on Governmental Affairs of the

13 Senate a report which provides a comprehensive plan

14 for the management of District of Columbia real

15 property assets, and are proceeding with the imple16 mentation of the plan.

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

18 of Columbia enacts legislation to reform the practices and

19 procedures governing the entering into of leases for the

20 use of real property by the District of Columbia govern21 ment and the disposition of surplus real property of the

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

23 cease to be effective upon the effective date of the legisla24 tion.
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1 SEC. 136. CERTIFICATION.—None of the funds con2 tained in this Act may be used after the expiration of the

3 60-day period that begins on the date of the enactment

4 of this Act to pay the salary of any chief financial officer

5 of any office of the District of Columbia government (in6 cluding any independent agency of the District) who has

7 not filed a certification with the Mayor and the Chief Fi8 nancial Officer of the District of Columbia that the officer

9 understands the duties and restrictions applicable to the

10 officer and their agency as a result of this Act.

11 SEC. 137. The proposed budget of the government

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

13 submitted by the District to Congress shall specify poten14 tial adjustments that might become necessary in the event

15 that the operational improvements savings and manage16 ment reform savings achieved by the District during the

17 year do not meet the level of management savings pro18 jected by the District under the proposed budget.

19 SEC. 138. 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
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1 activities covered in the category and a detailed breakdown

2 of the amount allocated for each such activity.

3 SEC. 139. (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. 140. Nothing in this Act bars the District of

14 Columbia Corporation Counsel from reviewing or com15 menting on briefs in private lawsuits, or from consulting

16 with officials of the District government regarding such

17 lawsuits.

18 SEC. 141. (a) Nothing in the Federal Grant and Co19 operative Agreements Act of 1977 (31 U.S.C. 6301 et

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

21 the Environmental Protection Agency from negotiating

22 and entering into cooperative agreements and grants au23 thorized by law which affect real property of the Federal

24 Government in the District of Columbia if the principal

25 purpose of the cooperative agreement or grant is to pro-
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1 vide comparable benefits for Federal and non-Federal

2 properties in the District of Columbia.

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

4 year 2001 and each succeeding fiscal year.

5 SEC. 142. (a) IN GENERAL.—The District of Colum6 bia Home Rule Act is amended by inserting after section

7 450 the following:

8 ‘‘COMPREHENSIVE FINANCIAL MANAGEMENT POLICY

9 ‘‘SEC. 450B. (a) COMPREHENSIVE FINANCIAL MAN10 AGEMENT POLICY.—The District of Columbia shall con11 duct its financial management in accordance with a com12 prehensive financial management policy.

13 ‘‘(b) CONTENTS OF POLICY.—The comprehensive fi14 nancial management policy shall include, but not be lim15 ited to, the following:

16 ‘‘(1) A cash management policy.

17 ‘‘(2) A debt management policy.

18 ‘‘(3) A financial asset management policy.

19 ‘‘(4) A contingency reserve management policy

20 in accordance with section 450A(a)(3).

21 ‘‘(5) An emergency reserve management policy

22 in accordance with section 450A(b)(3).

23 ‘‘(6) A policy for determining real property tax

24 exemptions for the District of Columbia.
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1 ‘‘(c) ANNUAL REVIEW.—The comprehensive financial

2 management policy shall be reviewed at the end of each

3 fiscal year by the Chief Financial Officer who shall—

4 ‘‘(1) not later than July 1 of each year, submit

5 any proposed changes in the policy to the Mayor for

6 review and the District of Columbia Financial Re7 sponsibility and Management Assistance Authority

8 (in a control year);

9 ‘‘(2) not later than August 1 of each year, after

10 consideration of any comments received under para11 graph (1), submit the changes to the Council of the

12 District of Columbia for approval; and

13 ‘‘(3) not later than September 1 of each year,

14 notify the Committees on Appropriations of the Sen15 ate and House of Representatives, the Committee on

16 Government Reform of the House of Representa17 tives, and the Committee on Governmental Affairs of

18 the Senate of any changes enacted by the Council of

19 the District of Columbia.

20 ‘‘(d) PROCEDURE FOR DEVELOPMENT OF FIRST

21 COMPREHENSIVE FINANCIAL MANAGEMENT POLICY.—

22 ‘‘(1) CFO.—Not later than April 1, 2001, the

23 Chief Financial Officer shall submit to the Mayor an

24 initial proposed comprehensive financial manage25 ment policy for the District of Columbia pursuant to
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1 section 450B of the District of Columbia Home Rule

2 Act.

3 ‘‘(2) COUNCIL.—Following review and comment

4 by the Mayor, not later than May 1, 2001, the Chief

5 Financial Officer shall submit the proposed financial

6 management policy to the Council of the District of

7 Columbia for its prompt review and adoption.

8 ‘‘(3) AUTHORITY.—Upon adoption of the finan9 cial management policy under paragraph (2), the

10 Council shall immediately submit the policy to the

11 District of Columbia Financial Responsibility and

12 Management Assistance Authority for a review of

13 not to exceed 30 days.

14 ‘‘(4) CONGRESS.—Following review of the fi15 nancial management policy by the Authority under

16 paragraph (3), the Authority shall submit the policy

17 to the Committees on Appropriations of the Senate

18 and House of Representatives, the Committee on

19 Government Reform of the House of Representa20 tives, and the Committee on Governmental Affairs of

21 the Senate for review and the policy shall take effect

22 30 days after the date the policy is submitted under

23 this paragraph.’’.
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1 (b) EFFECTIVE DATE.—This section and the amend2 ments made by this section shall take effect on October

3 1, 2000.

4 SEC. 143. RESPONSIBILITY OF CHIEF FINANCIAL

5 OFFICER. Section 424 of the District of Columbia Home

6 Rule Act is amended—

7 (1) in subsection (b)—

8 (A) in paragraph (1)(B), by inserting at

9 the end the following: ‘‘Upon confirmation by

10 the Council, the name of the Chief Financial

11 Officer shall be submitted to the Committees on

12 Appropriations of the Senate and House of

13 Representatives, the Committee on Govern14 mental Affairs of the Senate, and the Com15 mittee on Government Reform of the House of

16 Representatives for a 30 day period of review

17 and comment before the confirmation takes ef18 fect.’’; and

19 (B) in paragraph (2)(B), by striking the

20 period at the end and inserting ‘‘upon dismissal

21 by the Mayor and approval of that dismissal by

a 2 22 ⁄3 vote of the Council of the District of Co23 lumbia. Upon approval of the dismissal by the

24 Council, the resolution of dismissal shall be sub25 mitted to the Committees on Appropriations of
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1 the Senate and House of Representatives, the

2 Committee on Governmental Affairs of the Sen3 ate, and the Committee on Government Reform

4 of the House of Representatives for a 30 day

5 period of review and comment before the dis6 missal takes effect.’’;

7 (2) by striking subsections (c) and (d) and in8 serting the following:

9 ‘‘(c) FUNCTIONS OF THE CHIEF FINANCIAL OFFI10 CER.—The Chief Financial Officer shall have the following

11 duties:

12 ‘‘(1) Preparing the financial plan and budget

13 for the use of the Mayor for purposes of subtitle A

14 of title II of the District of Columbia Financial Re15 sponsibility and Management Assistance Act of

16 1995.

17 ‘‘(2) Preparing the budgets of the District of

18 Columbia for the year for the use of the Mayor for

19 purposes of part D.

20 ‘‘(3) During a control year, assuring that all fi21 nancial information presented by the Mayor is pre22 sented in a manner, and is otherwise consistent

23 with, the requirements of the District of Columbia

24 Financial Responsibility and Management Assistance

25 Act of 1995.
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1 ‘‘(4) Implementing appropriate procedures and

2 instituting such programs, systems, and personnel

3 policies within the Officer’s authority, to ensure that

4 budget, accounting, and personnel control systems

5 and structures are synchronized for budgeting and

6 control purposes on a continuing basis.

7 ‘‘(5) Preparing and submitting to the Mayor

8 and the Council, with the approval of the Authority

9 during a control year—

10 ‘‘(A) annual estimates of all revenues of

11 the District of Columbia (without regard to the

12 source of such revenues), including proposed

13 revenues, which shall be binding on the Mayor

14 and the Council for purposes of preparing and

15 submitting the budget of the District govern16 ment for the year under part D, except that the

17 Mayor and the Council may prepare the budget

18 based on estimates of revenues which are lower

19 than those prepared by the Chief Financial Of20 ficer; and

21 ‘‘(B) quarterly re-estimates of the revenues

22 of the District of Columbia during the year.

23 ‘‘(6) Supervising and assuming responsibility

24 for financial transactions to ensure adequate control
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1 of revenues and resources, and to ensure that appro2 priations are not exceeded.

3 ‘‘(7) Maintaining systems of accounting and in4 ternal control designed to provide—

5 ‘‘(A) full disclosure of the financial impact

6 of the activities of the District government;

7 ‘‘(B) adequate financial information need8 ed by the District government for management

9 purposes;

10 ‘‘(C) effective control over, and account11 ability for, all funds, property, and other assets

12 of the District of Columbia; and

13 ‘‘(D) reliable accounting results to serve as

14 the basis for preparing and supporting agency

15 budget requests and controlling the execution of

16 the budget.

17 ‘‘(8) Submitting to the Council a financial

18 statement of the District government, containing

19 such details and at such times as the Council may

20 specify.

21 ‘‘(9) Supervising and assuming responsibility

22 for the assessment of all property subject to assess23 ment and special assessments within the corporate

24 limits of the District of Columbia for taxation, pre25 paring tax maps, and providing such notice of taxes
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1 and special assessments (as may be required by

2 law).

3 ‘‘(10) Supervising and assuming responsibility

4 for the levying and collection of all taxes, special as5 sessments, licensing fees, and other revenues of the

6 District of Columbia (as may be required by law),

7 and receiving all amounts paid to the District of Co8 lumbia from any source (including the Authority

9 during a control year).

10 ‘‘(11) Maintaining custody of all public funds

11 belonging to or under the control of the District gov12 ernment (or any department or agency of the Dis13 trict government), and depositing all amounts paid

14 in such depositories and under such terms and con15 ditions as may be designated by the Council or the

16 Authority during a control year.

17 ‘‘(12) Maintaining custody of all investment

18 and invested funds of the District government or in

19 possession of the District government in a fiduciary

20 capacity, and maintaining the safekeeping of all

21 bonds and notes of the District government and the

22 receipt and delivery of District government bonds

23 and notes for transfer, registration, or exchange.

24 ‘‘(13) Apportioning the total of all appropria25 tions and funds made available during the year for
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1 obligation so as to prevent obligation or expenditure

2 in a manner which would result in a deficiency or a

3 need for supplemental appropriations during the

4 year, and (with respect to appropriations and funds

5 available for an indefinite period and all authoriza6 tions to create obligations by contract in advance of

7 appropriations) apportioning the total of such appro8 priations, funds, or authorizations in the most effec9 tive and economical manner.

10 ‘‘(14) Certifying all contracts (whether directly

11 or through delegation) prior to execution as to the

12 availability of funds to meet the obligations expected

13 to be incurred by the District government under

14 such contracts during the year.

15 ‘‘(15) Prescribing the forms of receipts, vouch16 ers, bills, and claims to be used by all agencies, of17 fices, and instrumentalities of the District govern18 ment.

19 ‘‘(16) Certifying and approving prior to pay20 ment all bills, invoices, payrolls, and other evidences

21 of claims, demands, or charges against the District

22 government, and determining the regularity, legality,

23 and correctness of such bills, invoices, payrolls,

24 claims, demands, or charges.
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1 ‘‘(17) In coordination with the Inspector Gen2 eral of the District of Columbia, performing internal

3 audits of accounts and operations and records of the

4 District government, including the examination of

5 any accounts or records of financial transactions,

6 giving due consideration to the effectiveness of ac7 counting systems, internal control, and related ad8 ministrative practices of the departments and agen9 cies of the District government.

10 ‘‘(18) Exercising responsibility for the adminis11 tration and supervision of the District of Columbia

12 Treasurer (except that the Chief Financial Officer

13 may delegate any portion of such responsibility as

14 the Chief Financial Officer considers appropriate

15 and consistent with efficiency).

16 ‘‘(19) Administering all borrowing programs of

17 the District government for the issuance of long18 term and short-term indebtedness.

19 ‘‘(20) Administering the cash management pro20 gram of the District government, including the in21 vestment of surplus funds in governmental and non22 governmental interest-bearing securities and ac23 counts.

24 ‘‘(21) Administering the centralized District

25 government payroll and retirement systems.
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1 ‘‘(22) Governing the accounting policies and

2 systems applicable to the District government.

3 ‘‘(23) Preparing appropriate annual, quarterly,

4 and monthly financial reports of the accounting and

5 financial operations of the District government.

6 ‘‘(24) Not later than 120 days after the end of

7 each fiscal year, preparing the complete financial

8 statement and report on the activities of the District

9 government for such fiscal year, for the use of the

10 Mayor under section 448(a)(4) of the District of Co11 lumbia Self-Government and Governmental Reorga12 nization Act.’’;

13 (3) in subsection (e)(2), by striking ‘‘or sub14 section (d)’’; and

15 (4) redesignating subsections (e) and (f) as sub16 sections (d) and (e), respectively.

17 SEC. 144. (a) Notwithstanding the provisions of the

18 District of Columbia Government Comprehensive Merit

19 Personnel Act of 1978 (D.C. Law 2–139; D.C. Code 1–

20 601.1 et seq.), or any other District of Columbia law,

21 statute, regulation, the provisions of the District of Co22 lumbia Personnel Manual, or the provisions of any collec23 tive bargaining agreement, employees of the District of

24 Columbia government will only receive compensation for

25 overtime work in excess of 40 hours per week (or other
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1 applicable tour of duty) or work actually performed, in

2 accordance with the provisions of the Fair Labor Stand3 ards Act, 29 U.S.C. § 201 et seq.

4 (b) Subsection (a) of this section shall be effective

5 December 27, 1996. The Resolution and Order of the

6 District of Columbia Financial Responsibility and Man7 agement Assistance Authority, dated December 27, 1996,

8 is hereby ratified and approved and shall be given full

9 force and effect.

10 SEC. 145. (a) IN GENERAL.—Notwithstanding sec11 tion 503 of Public Law 100–71 and as provided in sub12 section (b), the Court Services and Offender Supervision

13 Agency for the District of Columbia (in this section re14 ferred to as the ‘‘agency’’) may implement and administer

15 the Drug Free Workplace Program of the agency, dated

16 July 28, 2000, for employment applicants of the agency.

17 (b) EFFECTIVE PERIOD.—The waiver provided by

18 subsection (a) shall—

19 (1) take effect on enactment; and

20 (2) terminate on the date the Department of

21 Health and Human Services approves the drug pro22 gram of the agency pursuant to section 503 of Pub23 lic Law 100–71 or 12 months after the date referred

24 to in paragraph (1), whichever is later.
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1 SEC. 146. The Mayor of the District of Columbia

2 shall submit quarterly reports to the Senate Committees

3 on Appropriations and Governmental Affairs, commencing

4 October 1, 2000, addressing the following issues: (1)

5 crime, including the homicide rate, implementation of

6 community policing, the number of police officers on local

7 beats, and the closing down of open-air drug markets; (2)

8 access to drug abuse treatment, including the number of

9 treatment slots, the number of people served, the number

10 of people on waiting lists, and the effectiveness of treat11 ment programs; (3) management of parolees and pre-trial

12 violent offenders, including the number of halfway house

13 escapes and steps taken to improve monitoring and super14 vision of halfway house residents to reduce the number

15 of escapes to be provided in consultation with the Court

16 Services and Offender Supervision Agency; (4) education,

17 including access to special education services and student

18 achievement to be provided in consultation with the Dis19 trict of Columbia Public Schools; (5) improvement in basic

20 District services, including rat control and abatement; (6)

21 application for and management of Federal grants, includ22 ing the number and type of grants for which the District

23 was eligible but failed to apply and the number and type

24 of grants awarded to the District but which the District
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1 failed to spend the amounts received; and (7) indicators

2 of child well-being.

3 This Act may be cited as the ‘‘District of Columbia

4 Appropriations Act, 2001’’.

Calendar No. 800

106TH CONGRESS

2D SESSION S. 3041

[Report No. 106–409]

A BILL

Making appropriations for the government of the

District of Columbia and other activities chargeable in whole or in part against the revenues ofsaid District for the fiscal year ending September30, 2001, and for other purposes.

SEPTEMBER 13, 2000

Read twice and placed on the calendar