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trict of Columbia Financial Responsibility and Manage-
ment Assistance Authority) for fiscal year 1999 unless—
(1) the audit is conducted (either directly or by
contract) by the Inspector General of the District of
Columbia; and
(2) the audit includes a comparison of audited
actual year-end results with the revenues submitted
in the budget document for such year and the appro-
priations enacted into law for such year.
SEC. 145. Nothing in this Act shall be construed to
authorize any office, agency or entity to expend funds for
programs or functions for which a reorganization plan is
required but has not been approved by the District of Co-
lumbia Financial Responsibility and Management Assist-
ance Authority (hereafter in this section referred to as
‘‘Authority’’). Appropriations made by this Act for such
programs or functions are conditioned only on the ap-
proval by the Authority of the required reorganization
plans.
SEC. 146. Notwithstanding any other provision of
law, rule, or regulation, the evaluation process and instru-
ments for evaluating District of Columbia public schools
employees shall be a non-negotiable item for collective bar-
gaining purposes.
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SEC. 147. 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 gov-
ernment to provide assistance for any petition drive or civil
action which seeks to require Congress to provide for vot-
ing representation in Congress for the District of Colum-
bia.
SEC. 148. The Residency Requirement Reinstatement
Amendment Act of 1998 (D.C. Act 12–340) is hereby re-
pealed.
SEC. 149. None of the funds contained in this Act
may be used for any program of distributing sterile nee-
dles or syringes for the hypodermic injection of any illegal
drug, or for any payment to any individual or entity who
carries out any such program.
SEC. 150. 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 Bu-
reau of Prisons classification instrument, to the Northeast
Ohio Correctional Center located in Youngstown, Ohio.
SEC. 151. None of the funds contained in this Act
may be used to conduct any ballot initiative which seeks
to legalize or otherwise reduce penalties associated with
the possession, use, or distribution of any schedule I sub-
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stance under the Controlled Substances Act (21 U.S.C.
802) or any tetrahydrocannabinols derivative.
SEC. 152. None of the funds contained in this Act
may be used to carry out any joint adoption of a child
between individuals who are not related by blood or mar-
riage.
BANNING POSSESSION OF TOBACCO PRODUCTS BY
MINORS
SEC. 153. (a) IN GENERAL.—It shall be unlawful for
any individual under 18 years of age to possess any ciga-
rette or other tobacco product in the District of Columbia.
(b) EXCEPTION FOR POSSESSION IN COURSE OF EM-
PLOYMENT.—Subsection (a) shall not apply with respect
to an individual making a delivery of cigarettes or tobacco
products in pursuance of employment.
(c) PENALTIES.—Any individual who violates sub-
section (a) shall be subject to the following penalties:
(1) For any violation, the individual may be re-
quired to perform community service or attend a to-
bacco cessation program.
(2) Upon the first violation, the individual shall
be subject to a civil penalty not to exceed $50.
(3) Upon the second and each subsequent viola-
tion, the individual shall be subject to a civil penalty
not to exceed $100.
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(4) Upon the third and each subsequent viola-
tion, the individual may have his or her driving
privileges in the District of Columbia suspended for
a period of 90 consecutive days.
TITLE II—DISTRICT OF COLUM-
BIA STUDENT OPPORTUNITY
SCHOLARSHIPS
SEC. 201. DEFINITIONS.
As used in this title—
(1) the term ‘‘Board’’ means the Board of Di-
rectors of the Corporation established under section
202(b)(1);
(2) the term ‘‘Corporation’’ means the District
of Columbia Scholarship Corporation established
under section 202(a);
(3) the term ‘‘eligible institution’’—
(A) in the case of an eligible institution
serving a student who receives a tuition scholar-
ship under section 203(c)(1), means a public,
private, or independent elementary or secondary
school; and
(B) in the case of an eligible institution
serving a student who receives an enhanced
achievement 
scholarship 
under 
section
203(c)(2), means an elementary or secondary
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school, or an entity that provides services to a
student enrolled in an elementary or secondary
school to enhance such student’s achievement
through 
instruction 
described 
in 
section
203(c)(2);
(4) the term ‘‘parent’’ includes a legal guardian
or other person standing in loco parentis; and
(5) the term ‘‘poverty line’’ means the income
official poverty line (as defined by the Office of Man-
agement and Budget, and revised annually in ac-
cordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)) appli-
cable to a family of the size involved.
SEC. 202. DISTRICT OF COLUMBIA SCHOLARSHIP COR-
PORATION.
(a) GENERAL REQUIREMENTS.—
(1) IN GENERAL.—There is authorized to be es-
tablished a private, nonprofit corporation, to be
known as the ‘‘District of Columbia Scholarship
Corporation’’, which is neither an agency nor estab-
lishment of the United States Government or the
District of Columbia Government.
(2) DUTIES.—The Corporation shall have the
responsibility and authority to administer, publicize,
and evaluate the scholarship program in accordance
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with this title, and to determine student and school
eligibility for participation in such program.
(3) CONSULTATION.—The Corporation shall ex-
ercise its authority—
(A) in a manner consistent with maximiz-
ing educational opportunities for the maximum
number of interested families; and
(B) in consultation with the District of Co-
lumbia Board of Education or entity exercising
administrative jurisdiction over the District of
Columbia Public Schools, the Superintendent of
the District of Columbia Public Schools, and
other school scholarship programs in the Dis-
trict of Columbia.
(4) APPLICATION
OF
PROVISIONS.—The Cor-
poration shall be subject to the provisions of this
title, and, to the extent consistent with this title, to
the District of Columbia Nonprofit Corporation Act
(D.C. Code, sec. 29–501 et seq.).
(5) RESIDENCE.—The Corporation shall have
its place of business in the District of Columbia and
shall be considered, for purposes of venue in civil ac-
tions, to be a resident of the District of Columbia.
(6) FUND.—There is established in the Treas-
ury a fund that shall be known as the District of
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Columbia Scholarship Fund, to be administered by
the Secretary of the Treasury.
(7) DISBURSEMENT.—The Secretary of the
Treasury shall make available and disburse to the
Corporation, before October 15 of each fiscal year or
not later than 15 days after the date of enactment
of an Act making appropriations for the District of
Columbia for such year, whichever occurs later, such
funds as have been appropriated to the District of
Columbia Scholarship Fund for the fiscal year in
which such disbursement is made.
(8) AVAILABILITY.—Funds authorized to be ap-
propriated under this title shall remain available
until expended.
(9) USES.—Funds authorized to be appro-
priated under this title shall be used by the Corpora-
tion in a prudent and financially responsible man-
ner, solely for scholarships, contracts, and adminis-
trative costs.
(10) AUTHORIZATION.—
(A) IN GENERAL.—There are authorized to
be appropriated to the District of Columbia
Scholarship Fund—
(i) $7,000,000 for fiscal year 1999;
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(ii) $8,000,000 for fiscal year 2000;
and
(iii) $10,000,000 for each of fiscal
years 2001 through 2003.
(B) LIMITATION.—Not more than 7.5 per-
cent of the amount appropriated to carry out
this title for any fiscal year may be used by the
Corporation for salaries and administrative
costs.
(b) ORGANIZATION AND MANAGEMENT; BOARD OF
DIRECTORS.—
(1) BOARD OF DIRECTORS; MEMBERSHIP.—
(A) IN GENERAL.—The Corporation shall
have a Board of Directors (referred to in this
title as the ‘‘Board’’), comprised of seven mem-
bers with six members of the Board appointed
by the President not later than 30 days after
receipt of nominations from the Speaker of the
House of Representatives and the Majority
Leader of the Senate.
(B) HOUSE NOMINATIONS.—The President
shall appoint three of the members from a list
of nine individuals nominated by the Speaker of
the House of Representatives in consultation
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with the Minority Leader of the House of Rep-
resentatives.
(C) SENATE
NOMINATIONS.—The Presi-
dent shall appoint three members from a list of
nine individuals nominated by the Majority
Leader of the Senate in consultation with the
Minority Leader of the Senate.
(D) DEADLINE.—The Speaker of the
House of Representatives and Majority Leader
of the Senate shall submit their nominations to
the President not later than 30 days after the
date of the enactment of this Act.
(E) APPOINTEE OF MAYOR.—The Mayor
shall appoint one member of the Board not
later than 60 days after the date of the enact-
ment of this Act.
(F) POSSIBLE INTERIM MEMBERS.—If the
President does not appoint the six members of
the Board in the 30-day period described in
subparagraph (A), then the Speaker of the
House of Representatives and the Majority
Leader of the Senate shall each appoint two
members of the Board, and the Minority Lead-
er of the House of Representatives and the Mi-
nority Leader of the Senate shall each appoint
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one member of the Board, from among the indi-
viduals nominated pursuant to subparagraphs
(A) and (B), as the case may be. The ap-
pointees under the preceding sentence together
with the appointee of the Mayor, shall serve as
an interim Board with all the powers and other
duties of the Board described in this title, until
the President makes the appointments as de-
scribed in this subsection.
(2) POWERS.—All powers of the Corporation
shall vest in and be exercised under the authority of
the Board.
(3) ELECTIONS.—Members of the Board annu-
ally shall elect one of the members of the Board to
be the Chairperson of the Board.
(4) RESIDENCY.—All members appointed to the
Board shall be residents of the District of Columbia
at the time of appointment and while serving on the
Board.
(5) NONEMPLOYEE.—No member of the Board
may be an employee of the United States Govern-
ment or the District of Columbia Government when
appointed to or during tenure on the Board, unless
the individual is on a leave of absence from such a
position while serving on the Board.
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(6) INCORPORATION.—The members of the ini-
tial Board shall serve as incorporators and shall take
whatever steps are necessary to establish the Cor-
poration under the District of Columbia Nonprofit
Corporation Act (D.C. Code, sec. 29–501 et seq.).
(7) GENERAL
TERM.—The term of office of
each member of the Board shall be 5 years, except
that any member appointed to fill a vacancy occur-
ring prior to the expiration of the term for which the
predecessor was appointed shall be appointed for the
remainder of such term.
(8) CONSECUTIVE TERM.—No member of the
Board shall be eligible to serve in excess of 2 con-
secutive terms of 5 years each. A partial term shall
be considered as 1 full term. Any vacancy on the
Board shall not affect the Board’s power, but shall
be filled in a manner consistent with this title.
(9) NO BENEFIT.—No part of the income or as-
sets of the Corporation shall inure to the benefit of
any Director, officer, or employee of the Corpora-
tion, except as salary or reasonable compensation for
services.
(10) POLITICAL
ACTIVITY.—The Corporation
may not contribute to or otherwise support any po-
litical party or candidate for elective public office.