101
other sources of funding to carry out the pur-
poses of the allocation and the impact of such
allocation on the balance and integrity of the
emergency reserve fund; and
‘‘(B) with respect to fiscal years beginning
with fiscal year 2005, the contingency reserve
fund established by subsection (b) has been pro-
jected by the Chief Financial Officer to be ex-
hausted at the time of the allocation.
‘‘(6) NOTICE.—The Mayor, the Council, and (in
the case of a fiscal year which is a control year, as
defined in section 305(4) of the District of Columbia
Financial Responsibility and Management Assistance
Act of 1995) the District of Columbia Financial Re-
sponsibility and Management Assistance Authority
shall notify the Committees on Appropriations of the
Senate and House of Representatives in writing not
more than 30 days after the expenditure of funds
from the emergency reserve fund.
‘‘(7) REPLENISHMENT.—The District of Co-
lumbia shall appropriate sufficient funds each fiscal
year in the budget process to replenish any amounts
allocated from the emergency reserve fund during
the preceding fiscal year by the following fiscal year.
Once the emergency reserve equals 4 percent of total
102
budget appropriated from local funds for operating
expenditures for the fiscal year, the District of Co-
lumbia shall appropriate sufficient funds each fiscal
year in the budget process to replenish any amounts
allocated from the emergency reserve fund during
the preceding year to maintain a balance of at least
4 percent of total funds appropriated from local
funds for operating expenditures by the following fis-
cal year.
‘‘(b) CONTINGENCY RESERVE FUND.—
‘‘(1) IN GENERAL.—There is established a con-
tingency cash reserve fund (in this subsection re-
ferred to as the ‘contingency reserve fund’) as an in-
terest-bearing account (separate from other accounts
in the General Fund) into which the Mayor shall de-
posit in cash not later than October 1 of each fiscal
year (beginning with fiscal year 2005) such amount
as may be required to maintain a balance in the
fund of at least 3 percent of the total budget appro-
priated for operating expenditures for such fiscal
year which is derived from local funds (or, in the
case of fiscal years prior to fiscal year 2007, such
amount as may be required to maintain a balance in
the fund of at least the minimum contingency re-
103
serve balance for such fiscal year, as determined
under paragraph (2)).
‘‘(2) DETERMINATION
OF
MINIMUM
CONTIN-
GENCY RESERVE BALANCE.—
‘‘(A) IN GENERAL.—The ‘minimum contin-
gency reserve balance’ with respect to a fiscal
year is the amount equal to the applicable per-
centage of the total budget appropriated from
local funds for operating expenditures for such
fiscal year which is derived from local funds.
‘‘(B) 
APPLICABLE
PERCENTAGE
DE-
FINED.—In subparagraph (A), the ‘applicable
percentage’ with respect to a fiscal year means
the following:
‘‘(i) For fiscal year 2005, 1 percent.
‘‘(ii) For fiscal year 2006, 2 percent.
‘‘(3) INTEREST.—Interest earned on the contin-
gency reserve fund shall remain in the account and
may only be withdrawn in accordance with para-
graph (4).
‘‘(4) CRITERIA FOR USE OF AMOUNTS IN CON-
TINGENCY
RESERVE
FUND.—The Chief Financial
Officer, in consultation with the Mayor, shall develop
a policy governing the use of the contingency reserve
104
fund which shall include (but which may not be lim-
ited to) the following requirements:
‘‘(A) The contingency reserve fund may
only be used to provide for nonrecurring or un-
foreseen needs that arise during the fiscal year,
including expenses associated with unforeseen
weather or other natural disasters, unexpected
obligations created by Federal law or new pub-
lic safety or health needs or requirements that
have been identified after the budget process
has occurred, or opportunities to achieve cost
savings.
‘‘(B) The contingency reserve fund may be
used, if needed, to cover revenue shortfalls ex-
perienced by the District government for 3 con-
secutive months (based on a 2 month rolling av-
erage) that are 5 percent or more below the
budget forecast.
‘‘(C) The contingency reserve fund may
not be used to fund any shortfalls in any pro-
jected reductions which are included in the
budget proposed by the District of Columbia for
the fiscal year.
‘‘(5) ALLOCATION OF CONTINGENCY CASH RE-
SERVE.—Funds may be allocated from the contin-
105
gency reserve fund only after an analysis has been
prepared by the Chief Financial Officer of the avail-
ability of other sources of funding to carry out the
purposes of the allocation and the impact of such al-
location on the balance and integrity of the contin-
gency reserve fund.
‘‘(6) REPLENISHMENT.—The District of Co-
lumbia shall appropriate sufficient funds each fiscal
year in the budget process to replenish any amounts
allocated from the contingency reserve fund during
the preceding fiscal year by the following fiscal year.
Once the contingency reserve equals 3 percent of
total funds appropriated from local funds for oper-
ating expenditures, the District of Columbia shall
appropriate sufficient funds each fiscal year in the
budget process to replenish any amounts allocated
from the contingency reserve fund during the pre-
ceding year to maintain a balance of at least 3 per-
cent of total funds appropriated from local funds for
operating expenditures by the following fiscal year.
‘‘(c) QUARTERLY REPORTS.—The Chief Financial
Officer shall submit a quarterly report to the Mayor, the
Council, the District of Columbia Financial Responsibility
and Management Assistance Authority (in the case of a
fiscal year which is a control year, as defined in section
106
305(4) of the District of Columbia Financial Responsi-
bility and Management Assistance Act of 1995), and the
Committees on Appropriations of the Senate and House
of Representatives that includes a monthly statement on
the balance and activities of the contingency and emer-
gency reserve funds.’’.
(2) CLERICAL AMENDMENT.—The table of con-
tents for the District of Columbia Home Rule Act is
amended by inserting after the item relating to sec-
tion 450 the following new item:
‘‘Sec. 450A. Reserve funds.’’.
(b) CONFORMING AMENDMENTS.—
(1) CURRENT RESERVE FUND.—Section 202(j)
of the District of Columbia Financial Responsibility
and Management Assistance Act of 1995 (sec. 47–
392.2(j), D.C. Code) is amended—
(A) in paragraph (1), by striking ‘‘Begin-
ning with fiscal year 2000, the plan or budget
submitted pursuant to this Act’’ and inserting
‘‘For each of the fiscal years 2000 through
2004, the budget of the District government for
the fiscal year’’; and
(B) by adding at the end the following new
paragraph:
‘‘(4) REPLENISHMENT.—Any amount of the re-
serve funds which is expended in one fiscal year
107
shall be replenished in the reserve funds from the
following fiscal year appropriations to maintain the
$150,000,000 balance.’’.
(2) POSITIVE FUND BALANCE.—Section 202(k)
of such Act (sec. 47–392.2(k), D.C. Code) is re-
pealed.
(c) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on October
1, 2000.
TREATMENT OF REVENUE BONDS SECURED BY TOBACCO
SETTLEMENT PAYMENTS
SEC. 160. (a) PERMITTING COUNCIL TO DELEGATE
AUTHORITY TO ISSUE BONDS.—
(1) IN GENERAL.—Section 490 of the District
of Columbia Home Rule Act (sec. 47–334, D.C.
Code) is amended—
(A) 
by 
redesignating 
subsections 
(i)
through (m) as subsections (j) through (n); and
(B) by inserting after subsection (h) the
following new subsection:
‘‘(i)(1) The Council may delegate to the District of
Columbia Tobacco Settlement Financing Corporation
(hereafter in this subsection referred to as the ‘‘Corpora-
tion’’) established pursuant to the Tobacco Settlement Fi-
nancing Act of 2000 the authority of the Council under
subsection (a) to issue revenue bonds, notes, and other ob-
108
ligations which are used to borrow money to finance or
assist in the financing or refinancing of capital projects
and other undertakings of the District of Columbia and
which are payable solely from and secured by payments
under the Master Tobacco Settlement Agreement. The
Corporation may exercise authority delegated to it by the
Council as described in the first sentence of this para-
graph (whether such delegation is made before or after
the date of the enactment of this subsection) only in ac-
cordance with this subsection and the provisions of the
Tobacco Settlement Financing Act of 2000.
‘‘(2) Revenue bonds, notes, and other obligations
issued by the Corporation under a delegation of authority
described in paragraph (1) shall be issued by resolution
of the Corporation, and any such resolution shall not be
considered to be an act of the Council.
‘‘(3) The fourth sentence of section 446 shall not
apply to—
‘‘(A) any amount (including the amount of any
accrued interest or premium) obligated or expended
from the proceeds of the sale of any revenue bond,
note, or other obligation issued pursuant to this sub-
section;
‘‘(B) any amount obligated or expended for the
payment of the principal of, interest on, or any pre-
109
mium for any revenue bond, note, or other obligation
issued pursuant to this subsection;
‘‘(C) any amount obligated or expended to se-
cure any revenue bond, note, or other obligation
issued pursuant to this subsection; or
‘‘(D) any amount obligated or expended for re-
pair, maintenance, and capital improvements to fa-
cilities financed pursuant to this subsection.
‘‘(4) In this subsection, the term ‘Master Tobacco
Settlement Agreement’ means the settlement agreement
(and related documents), as may be amended from time
to time, entered into on November 23, 1998, by the Dis-
trict of Columbia and leading United States tobacco prod-
uct manufacturers.’’.
(2) CONFORMING
AMENDMENT.—The fourth
sentence of section 446 of such Act (sec. 47–304,
D.C. Code) is amended by striking ‘‘and (h)(3)’’ and
inserting ‘‘(h)(3), and (i)(3)’’.
(b) WAIVER OF CONGRESSIONAL REVIEW PERIOD
FOR TOBACCO SETTLEMENT FINANCING ACT.—Notwith-
standing section 602(c)(1) of the District of Columbia
Home Rule Act (sec. 1–233(c)(1), D.C. Code), the To-
bacco Settlement Financing Act of 2000 (title XXXVII
of D.C. Act 13–375, as amended by section 8(e) of D.C.
Act 13–387) shall take effect on the date of the enactment
110
of such Act or the date of the enactment of this Act,
whichever is later.
SEC. 161. Section 603(e) of the Student Loan Mar-
keting Association Reorganization Act of 1996 (Public
Law 104–208; 110 Stat. 3009–293), as amended by sec-
tion 153 of the District of Columbia Appropriations Act,
2000, is amended—
(1) by amending the second sentence of para-
graph (2)(B) to read as follows: ‘‘Of such amounts
and proceeds, $5,000,000 shall be set aside for a
credit enhancement fund for public charter schools
in the District of Columbia, to be administered and
disbursed in accordance with paragraph (3).’’; and
(2) by adding at the end the following new
paragraph:
‘‘(3) CREDIT ENHANCEMENT FUND FOR PUBLIC
CHARTER SCHOOLS.—
‘‘(A) DISTRIBUTION OF AMOUNTS.—Of the
amounts in the credit enhancement fund estab-
lished under paragraph (2)(B)—
‘‘(i) 50 percent shall be used to make
grants under subparagraph (B); and
‘‘(ii) 50 percent shall be used to make
grants under subparagraph (C).
111
‘‘(B) GRANTS
TO
ELIGIBLE
NONPROFIT
CORPORATIONS.—
‘‘(i) 
IN
GENERAL.—Using 
the
amounts described in subparagraph (A)(i),
not later than 1 year after the date of the
enactment of the District of Columbia Ap-
propriations Act, 2001, the Mayor of the
District of Columbia shall make and dis-
burse grants to eligible nonprofit corpora-
tions to carry out the purposes described
in subparagraph (E).
‘‘(ii) ADMINISTRATION.—The Mayor
shall administer the program of grants
under this subparagraph, except that if the
committee 
described 
in 
subparagraph
(C)(iii) is in operation and is fully func-
tional prior to the date the Mayor makes
the grants, the Mayor may delegate the ad-
ministration of the program to the com-
mittee.
‘‘(C) OTHER GRANTS.—
‘‘(i) 
IN
GENERAL.—Using 
the
amounts described in subparagraph (A)(ii),
the Mayor of the District of Columbia shall
112
make grants to entities to carry out the
purposes described in subparagraph (E).
‘‘(ii) PARTICIPATION OF SCHOOLS.—A
public charter school in the District of Co-
lumbia may receive a grant under this sub-
paragraph to carry out the purposes de-
scribed in subparagraph (E) in the same
manner as other entities receiving grants
to carry out such activities.
‘‘(iii) 
ADMINISTRATION
THROUGH
COMMITTEE.—The Mayor shall carry out
this subparagraph through the committee
appointed by the Mayor under the second
sentence of paragraph (2)(B) (as in effect
prior to the enactment of the District of
Columbia Appropriations Act, 2001). The
committee may enter into an agreement
with a third party to carry out its respon-
sibilities under this subparagraph.
‘‘(iv) 
CAP
ON
ADMINISTRATIVE
COSTS.—Not more than 10% of the funds
available for grants under this subpara-
graph may be used to cover the adminis-
trative costs of making grants under this
subparagraph.
113
‘‘(D) SPECIAL
RULE
REGARDING
ELIGI-
BILITY
OF
NONPROFIT
CORPORATIONS.—In
order to be eligible to receive a grant under this
paragraph, a nonprofit corporation must pro-
vide appropriate certification to the Mayor or to
the 
committee 
described 
in 
subparagraph
(C)(iii) (as the case may be) that it is duly au-
thorized by two or more public charter schools
in the District of Columbia to act on their be-
half in obtaining financing (or in assisting them
in obtaining financing) to cover the costs of ac-
tivities described in subparagraph (E)(i).
‘‘(E) PURPOSES OF GRANTS.—
‘‘(i) IN GENERAL.—The recipient of a
grant under this paragraph shall use the
funds provided under the grant to carry
out activities to assist public charter
schools in the District of Columbia in—
‘‘(I) obtaining financing to ac-
quire interests in real property (in-
cluding by purchase, lease, or dona-
tion), including financing to cover
planning, development, and other inci-
dental costs;
114
‘‘(II) obtaining financing for con-
struction of facilities or the renova-
tion, repair, or alteration of existing
property or facilities (including the
purchase or replacement of fixtures
and equipment), including financing
to cover planning, development, and
other incidental costs; and
‘‘(III) enhancing the availability
of loans (including mortgages) and
bonds.
‘‘(ii) 
NO
DIRECT
FUNDING
FOR
SCHOOLS.—Funds provided under a grant
under this subparagraph may not be used
by a recipient to make direct loans or
grants to public charter schools.’’.
SEC. 162. (a) EXCLUSIVE AUTHORITY OF MAYOR.—
Notwithstanding section 451 of the District of Columbia
Home Rule Act or any other provision of District of Co-
lumbia or Federal law to the contrary, the Mayor of the
District of Columbia shall have the exclusive authority to
approve and execute leases of the Washington Marina and
the Washington municipal fish wharf with the existing les-
sees thereof for an initial term of 30 years, together with
115
such other terms and conditions (including renewal op-
tions) as the Mayor deems appropriate.
(b) DEFINITIONS.—In this section—
(1) the term ‘‘Washington Marina’’ means the
portions of Federal property in the Southwest quad-
rant of the District of Columbia within Lot 848 in
Square 473, the unassessed Federal real property
adjacent to Lot 848 in Square 473, and riparian
rights appurtenant thereto; and
(2) the term ‘‘Washington municipal fish
wharf’’ means the water frontage on the Potomac
River lying south of Water Street between 11th and
12th Streets, including the buildings and wharves
thereon.
SEC. 163. Section 11201(g)(4)(A) of the National
Capital Revitalization and Self-Government Improvement
Act of 1997 (D.C. Code, sec. 24–1201(g)(4)(A)) is
amended—
(1) by redesignating clauses (vi) through (ix) as
clauses (vii) through (x), respectively; and
(2) by inserting after clause (v) the following:
‘‘(vi) immediately upon completing the
remediation required under clause (ii) (but
in no event later than June 1, 2003),
transfer any property located south of
116
Silverbrooke Road which is identified for
use for educational purposes in the Fairfax
County reuse plan to the County, without
consideration, subject to the condition that
the County use the property only for edu-
cational purposes;’’.
SEC. 164. (a) Section 208(a) of the District of Co-
lumbia Procurement Practices Act of 1985 (sec. 1–
1182.8(a), D.C. Code) is amended—
(1) in paragraph (4)(A), by striking ‘‘the same
auditor)’’ and inserting ‘‘the same auditor, except as
may be provided in paragraph (5)); and
(2) by adding at the end the following new
paragraph:
‘‘(5) Notwithstanding paragraph (4)(A), an auditor
who is a subcontractor to the auditor who audited the fi-
nancial statement and report described in paragraph
(3)(H) for a fiscal year may audit the financial statement
and report for any succeeding fiscal year (as either the
prime auditor or as a subcontractor to another auditor)
if—
‘‘(A) such subcontractor is not a signatory to
the statement and report for the previous fiscal year;
117
‘‘(B) the prime auditor reviewed and approved
the work of the subcontractor on the statement and
report for the previous fiscal year; and
‘‘(C) the subcontractor is not an employee of
the prime contractor or of an entity owned, man-
aged, or controlled by the prime contractor.’’.
(b) The amendment made by subsection (a) shall
apply with respect to financial statements and reports for
activities of the District of Columbia Government for fiscal
years beginning with fiscal year 2001.
SEC. 165. Section 11201(g) of the National Capital
Revitalization and Self-Government Improvement Act of
1997 (D.C. Code, sec. 24–1201(g)) is amended by adding
at the end the following new paragraph:
‘‘(6) MEADOWOOD FARM LAND EXCHANGE.—
‘‘(A) IN GENERAL.—If, not later than Jan-
uary 15, 2001, Fairfax County, Virginia, agrees
to convey fee simple title to the property on
Mason Neck in excess of 800 acres depicted on
the map dated June 2000, on file in the Office
of the Director of the Bureau of Land Manage-
ment, Eastern States (hereafter in this para-
graph referred to as ‘Meadowood Farm’) to the
Secretary of the Interior, then the Adminis-
trator of General Services shall agree to convey
118
to Fairfax County, Virginia, fee simple title to
the property located at the Lorton Correctional
Complex north of Silverbrook Road, and con-
sisting of more than 200 acres identified in the
Fairfax County Reuse Plan, dated July 26,
1999, as land available for residential develop-
ment in Land Units 1 and 2 (hereafter in this
paragraph referred to as the ‘Laurel Hill Resi-
dential Land’), the actual exchange to occur no
later than December 31, 2001.
‘‘(B) TERMS AND CONDITIONS.—(i) When
Fairfax County transfers fee simple title to
Meadowood Farm to the Secretary of the Inte-
rior, the Administrator of General Services shall
simultaneously transfer to the County the Lau-
rel Hill Residential Land.
‘‘(ii) The transfer of property to Fairfax
County, Virginia, under clause (i) shall be sub-
ject to such terms and conditions that the Ad-
ministrator of General Services considers to be
appropriate to protect the interests of the
United States.
‘‘(iii) Any proceeds derived from the sale of
the Laurel Hill Residential Land by Fairfax
County that exceed the County’s cost of acquir-