H. R. 3194—22
SEC. 140. (a) SOURCE OF PAYMENT FOR EMPLOYEES DETAILED
WITHIN GOVERNMENT.—For purposes of determining the amount
of funds expended by any entity within the District of Columbia
government during fiscal year 2000 and each succeeding fiscal
year, any expenditures of the District government attributable to
any officer or employee of the District government who provides
services which are within the authority and jurisdiction of the
entity (including any portion of the compensation paid to the officer
or employee attributable to the time spent in providing such serv-
ices) shall be treated as expenditures made from the entity’s budget,
without regard to whether the officer or employee is assigned to
the entity or otherwise treated as an officer or employee of the
entity.
(b) MODIFICATION OF REDUCTION IN FORCE PROCEDURES.—The
District of Columbia Government Comprehensive Merit Personnel
Act of 1978 (D.C. Code, sec. 1–601.1 et seq.), is further amended
in section 2408(a) by striking ‘‘1999’’ and inserting ‘‘2000’’; in sub-
section (b), by striking ‘‘1999’’ and inserting ‘‘2000’’; in subsection
(i), by striking ‘‘1999’’ and inserting ‘‘2000’’; and in subsection (k),
by striking ‘‘1999’’ and inserting ‘‘2000’’.
SEC. 141. Notwithstanding any other provision of law, not
later than 120 days after the date that a District of Columbia
Public Schools (DCPS) student is referred for evaluation or
assessment—
(1) the District of Columbia Board of Education, or its
successor, and DCPS shall assess or evaluate a student who
may have a disability and who may require special education
services; and
(2) if a student is classified as having a disability, as
defined in section 101(a)(1) of the Individuals with Disabilities
Education Act (84 Stat. 175; 20 U.S.C. 1401(a)(1)) or in section
7(8) of the Rehabilitation Act of 1973 (87 Stat. 359; 29 U.S.C.
706(8)), the Board and DCPS shall place that student in an
appropriate program of special education services.
SEC. 142. (a) COMPLIANCE WITH BUY AMERICAN ACT.—None
of the funds made available in this Act may be expended by an
entity unless the entity agrees that in expending the funds the
entity will comply with the Buy American Act (41 U.S.C. 10a–
10c).
(b) SENSE
OF
THE
CONGRESS; REQUIREMENT
REGARDING
NOTICE.—
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PROD-
UCTS.—In the case of any equipment or product that may
be authorized to be purchased with financial assistance pro-
vided using funds made available in this Act, it is the sense
of the Congress that entities receiving the assistance should,
in expending the assistance, purchase only American-made
equipment and products to the greatest extent practicable.
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing
financial assistance using funds made available in this Act,
the head of each agency of the Federal or District of Columbia
government shall provide to each recipient of the assistance
a notice describing the statement made in paragraph (1) by
the Congress.
(c) PROHIBITION
OF
CONTRACTS
WITH
PERSONS
FALSELY
LABELING PRODUCTS AS MADE IN AMERICA.—If it has been finally
H. R. 3194—23
determined by a court or Federal agency that any person inten-
tionally affixed a label bearing a ‘‘Made in America’’ inscription,
or any inscription with the same meaning, to any product sold
in or shipped to the United States that is not made in the United
States, the person shall be ineligible to receive any contract or
subcontract made with funds made available in this Act, pursuant
to the debarment, suspension, and ineligibility procedures described
in sections 9.400 through 9.409 of title 48, Code of Federal Regula-
tions.
SEC. 143. None of the funds contained in this Act may be
used for purposes of the annual independent audit of the District
of Columbia government (including the District of Columbia Finan-
cial Responsibility and Management Assistance Authority) for fiscal
year 2000 unless—
(1) the audit is conducted by the Inspector General of
the District of Columbia pursuant to section 208(a)(4) of the
District of Columbia Procurement Practices Act of 1985 (D.C.
Code, sec. 1–1182.8(a)(4)); and
(2) the audit includes a comparison of audited actual year-
end results with the revenues submitted in the budget docu-
ment for such year and the appropriations enacted into law
for such year.
SEC. 144. Nothing in this Act shall be construed to authorize
any office, agency or entity to expend funds for programs or func-
tions for which a reorganization plan is required but has not been
approved by the District of Columbia Financial Responsibility and
Management Assistance Authority. Appropriations made by this
Act for such programs or functions are conditioned only on the
approval by the Authority of the required reorganization plans.
SEC. 145. Notwithstanding any other provision of law, rule,
or regulation, the evaluation process and instruments for evaluating
District of Columbia Public School employees shall be a non-nego-
tiable item for collective bargaining purposes.
SEC. 146. None of the funds contained in this Act may be
used by the District of Columbia Corporation Counsel or any other
officer or entity of the District government to provide assistance
for any petition drive or civil action which seeks to require Congress
to provide for voting representation in Congress for the District
of Columbia.
SEC. 147. None of the funds contained in this Act may be
used to transfer or confine inmates classified above the medium
security level, as defined by the Federal Bureau of Prisons classifica-
tion instrument, to the Northeast Ohio Correctional Center located
in Youngstown, Ohio.
SEC. 148. (a) Section 202(i) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995 (Public
Law 104–8), as added by section 155 of the District of Columbia
Appropriations Act, 1999, is amended to read as follows:
‘‘( j) RESERVE.—
‘‘(1) IN
GENERAL.—Beginning with fiscal year 2000, the
plan or budget submitted pursuant to this Act shall contain
$150,000,000 for a reserve to be established by the Mayor,
Council of the District of Columbia, Chief Financial Officer
for the District of Columbia, and the District of Columbia
Financial 
Responsibility 
and 
Management 
Assistance
Authority.
‘‘(2) CONDITIONS ON USE.—The reserve funds—
H. R. 3194—24
‘‘(A) shall only be expended according to criteria estab-
lished by the Chief Financial Officer and approved by the
Mayor, Council of the District of Columbia, and District
of Columbia Financial Responsibility and Management
Assistance Authority, but, in no case may any of the reserve
funds be expended until any other surplus funds have
been used;
‘‘(B) shall not be used to fund the agencies of the
District of Columbia government under court ordered
receivership; and
‘‘(C) shall not be used to fund shortfalls in the projected
reductions budgeted in the budget proposed by the District
of Columbia government for general supply schedule
savings and management reform savings.
‘‘(3) REPORT REQUIREMENT.—The Authority shall notify the
Appropriations Committees of both the Senate and House of
Representatives in writing 30 days in advance of any expendi-
ture of the reserve funds.’’.
(b) Section 202 of such Act (Public Law 104–8), as amended
by subsection (a), is further amended by adding at the end the
following:
‘‘(k) POSITIVE FUND BALANCE.—
‘‘(1) IN GENERAL.—The District of Columbia shall maintain
at the end of a fiscal year an annual positive fund balance
in the general fund of not less than 4 percent of the projected
general fund expenditures for the following fiscal year.
‘‘(2) EXCESS FUNDS.—Of funds remaining in excess of the
amounts required by paragraph (1)—
‘‘(A) not more than 50 percent may be used for author-
ized non-recurring expenses; and
‘‘(B) not less than 50 percent shall be used to reduce
the debt of the District of Columbia.’’.
SEC. 149. (a) No later than November 1, 1999, or within 30
calendar days after the date of the enactment of this Act, whichever
occurs later, the Chief Financial Officer of the District of Columbia
shall submit to the appropriate committees of Congress, the Mayor,
and the District of Columbia Financial Responsibility and Manage-
ment Assistance Authority a revised appropriated funds operating
budget for all agencies of the District of Columbia government
for such fiscal year that is in the total amount of the approved
appropriation and that realigns budgeted data for personal services
and other-than-personal-services, respectively, with anticipated
actual expenditures.
(b) The revised budget required by subsection (a) of this section
shall be submitted in the format of the budget that the District
of Columbia government submitted pursuant to section 442 of the
District of Columbia Home Rule Act (Public Law 93–198; D.C.
Code, sec. 47–301).
SEC. 150. (a) None of the funds contained in this Act may
be used for any program of distributing sterile needles or syringes
for the hypodermic injection of any illegal drug.
(b) Any individual or entity who receives any funds contained
in this Act and who carries out any program described in subsection
(a) shall account for all funds used for such program separately
from any funds contained in this Act.
SEC. 151. (a) RESTRICTIONS ON LEASES.—Upon the expiration
of the 60-day period that begins on the date of the enactment
H. R. 3194—25
of this Act, none of the funds contained in this Act may be used
to make rental payments under a lease for the use of real property
by the District of Columbia government (including any independent
agency of the District) unless the lease and an abstract of the
lease have been filed (by the District of Columbia or any other
party to the lease) with the central office of the Deputy Mayor
for Economic Development, in an indexed registry available for
public inspection.
(b) ADDITIONAL RESTRICTIONS ON CURRENT LEASES.—
(1) IN GENERAL.—Upon the expiration of the 60-day period
that begins on the date of the enactment of this Act, in the
case of a lease described in paragraph (3), none of the funds
contained in this Act may be used to make rental payments
under the lease unless the lease is included in periodic reports
submitted by the Mayor and Council of the District of Columbia
to the Committees on Appropriations of the House of Represent-
atives and Senate describing for each such lease the following
information:
(A) The location of the property involved, the name
of the owners of record according to the land records of
the District of Columbia, the name of the lessors according
to the lease, the rate of payment under the lease, the
period of time covered by the lease, and the conditions
under which the lease may be terminated.
(B) The extent to which the property is or is not
occupied by the District of Columbia government as of
the end of the reporting period involved.
(C) If the property is not occupied and utilized by
the District government as of the end of the reporting
period involved, a plan for occupying and utilizing the
property (including construction or renovation work) or
a status statement regarding any efforts by the District
to terminate or renegotiate the lease.
(2) TIMING OF REPORTS.—The reports described in para-
graph (1) shall be submitted for each calendar quarter (begin-
ning with the quarter ending December 31, 1999) not later
than 20 days after the end of the quarter involved, plus an
initial report submitted not later than 60 days after the date
of the enactment of this Act, which shall provide information
as of the date of the enactment of this Act.
(3) LEASES DESCRIBED.—A lease described in this paragraph
is a lease in effect as of the date of the enactment of this
Act for the use of real property by the District of Columbia
government (including any independent agency of the District)
which is not being occupied by the District government
(including any independent agency of the District) as of such
date or during the 60-day period which begins on the date
of the enactment of this Act.
SEC. 152. (a) MANAGEMENT OF EXISTING DISTRICT GOVERNMENT
PROPERTY.—Upon the expiration of the 60-day period that begins
on the date of the enactment of this Act, none of the funds contained
in this Act may be used to enter into a lease (or to make rental
payments under such a lease) for the use of real property by
the District of Columbia government (including any independent
agency of the District) or to purchase real property for the use
of the District of Columbia government (including any independent
agency of the District) or to manage real property for the use