H. R. 5633—33
‘‘(f ) TREATMENT AS FEDERAL EMPLOYEES.—
‘‘(1) IN
GENERAL.—The Trustee and employees of the
Trustee who are not covered under subsection (e) shall be
treated as employees of the Federal Government solely for
purposes of the following provisions of title 5, United States
Code:
‘‘(A) Chapter 83 (relating to retirement).
‘‘(B) Chapter 84 (relating to the Federal Employees’
Retirement System).
‘‘(C) Chapter 87 (relating to life insurance).
‘‘(D) Chapter 89 (relating to health insurance).
‘‘(2) EFFECTIVE DATES OF COVERAGE.—The effective dates
of coverage of the provisions of paragraph (1) are as follows:
‘‘(A) In the case of the Trustee and employees of the
Office of the Trustee and the Office of Adult Probation,
August 5, 1997, or the date of appointment, whichever
is later.
‘‘(B) In the case of employees of the Office of Parole,
October 11, 1998, or the date of appointment, whichever
is later.
‘‘(C) In the case of employees of the Pretrial Services
Agency, January 3, 1999, or the date of appointment,
whichever is later.
‘‘(3) RATE OF CONTRIBUTIONS.—The Trustee shall make con-
tributions under the provisions referred to in paragraph (1)
at the same rates applicable to agencies of the Federal Govern-
ment.
‘‘(4) REGULATIONS.—The Office of Personnel Management
shall issue such regulations as are necessary to carry out this
subsection.’’.
(b) The amendment made by subsection (a) shall take effect
as if included in the enactment of title XI of the Balanced Budget
Act of 1997.
SEC. 146. It is the sense of the Congress that the District
of Columbia Financial Responsibility and Management Assistance
Authority should quickly complete the sale of the Franklin School
property, a property which has been vacant for over 20 years.
SEC. 147. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from addressing
the issue of the provision of contraceptive coverage by health insur-
ance plans, but it is the intent of Congress that any legislation
enacted on such issue should include a ‘‘conscience clause’’ which
provides exceptions for religious beliefs and moral convictions.
SEC. 148. (a) Chapter 23 of title 11, District of Columbia,
is hereby repealed.
(b) The table of chapters for title 11, District of Columbia,
is amended by striking the item relating to chapter 23.
(c) The amendments made by this section shall take effect
on the date on which legislation enacted by the Council of the
District of Columbia to establish the Office of the Chief Medical
Examiner in the executive branch of the government of the District
of Columbia takes effect.
PROMPT PAYMENT OF APPOINTED COUNSEL
SEC. 149. (a) ASSESSMENT
OF INTEREST
FOR DELAYED PAY-
MENTS.—If the Superior Court of the District of Columbia or the
District of Columbia Court of Appeals does not make a payment
H. R. 5633—34
described in subsection (b) prior to the expiration of the 45-day
period which begins on the date the Court receives a completed
voucher for a claim for the payment, interest shall be assessed
against the amount of the payment which would otherwise be
made to take into account the period which begins on the day
after the expiration of such 45-day period and which ends on the
day the Court makes the payment.
(b) PAYMENTS DESCRIBED.—A payment described in this sub-
section is—
(1) a payment authorized under section 11–2604 and sec-
tion 11–2605, D.C. Code (relating to representation provided
under the District of Columbia Criminal Justice Act);
(2) a payment for counsel appointed in proceedings in the
Family Division of the Superior Court of the District of
Columbia under chapter 23 of title 16, D.C. Code; or
(3) a payment for counsel authorized under section 21–
2060, D.C. Code (relating to representation provided under
the District of Columbia Guardianship, Protective Proceedings,
and Durable Power of Attorney Act of 1986).
(c) STANDARDS FOR SUBMISSION OF COMPLETED VOUCHERS.—
The chief judges of the Superior Court of the District of Columbia
and the District of Columbia Court of Appeals shall establish stand-
ards and criteria for determining whether vouchers submitted for
claims for payments described in subsection (b) are complete, and
shall publish and make such standards and criteria available to
attorneys who practice before such Courts.
(d) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed to require the assessment of interest against any claim
(or portion of any claim) which is denied by the Court involved.
(e) EFFECTIVE DATE.—This section shall apply with respect
to claims received by the Superior Court of the District of Columbia
or the District of Columbia Court of Appeals after the expiration
of the 90-day period which begins on the date of the enactment
of this Act.
SEC. 150. (a) Effective 120 days after the date of the enactment
of this Act, it shall be unlawful for any person to distribute any
needle or syringe for the hypodermic injection of any illegal drug
in any area of the District of Columbia which is within 1,000
feet of a public or private elementary or secondary school (including
a public charter school). It is stipulated that based on a survey
by the Metropolitan Police Department of the District of Columbia
that sites at 4th Street Northeast and Rhode Island Avenue North-
east, Southern Avenue Southeast and Central Avenue Southeast,
1st Street Southeast and M Street Southeast, 21st Street Northeast
and H Street Northeast, Minnesota Avenue Northeast and Clay
Place Northeast, and 15th Street Southeast and Ives Street South-
east are outside the 1,000-foot perimeter. Sites at North Capitol
Street and New York Avenue Northeast, Division Avenue Northeast
and Foote Street Northeast, Georgia Avenue Northwest and New
Hampshire Avenue Northwest, and 15th Street Northeast and A
Street Northeast are found to be within the 1,000-foot perimeter.
(b) The Public Housing Police of the District of Columbia
Housing Authority shall prepare a monthly report on activity
involving illegal drugs at or near any public housing site where
a needle exchange program is conducted, and shall submit such
reports to the Executive Director of the District of Columbia
Housing Authority, who shall submit them to the Committees on
H. R. 5633—35
Appropriations of the House of Representatives and Senate. The
Executive Director shall ascertain any concerns of the residents
of any public housing site about any needle exchange program
conducted on or near the site, and this information shall be included
in these reports. The District of Columbia Government shall take
appropriate action to require relocation of any such program if
so recommended by the police or by a significant number of resi-
dents of such site.
FEDERAL CONTRIBUTION FOR ENFORCEMENT OF LAW BANNING
POSSESSION OF TOBACCO PRODUCTS BY MINORS
SEC. 151. (a) CONTRIBUTION.—There is hereby appropriated
a Federal contribution of $100,000 to the Metropolitan Police
Department of the District of Columbia, effective upon the enact-
ment by the District of Columbia of a law which reads as follows:
‘‘SECTION 1. BAN ON POSSESSION OF TOBACCO PRODUCTS BY MINORS.
‘‘(a) IN GENERAL.—It shall be unlawful for any individual under
18 years of age to possess any cigarette or other tobacco product
in the District of Columbia.
‘‘(b) EXCEPTIONS.—
‘‘(1) POSSESSION IN COURSE OF EMPLOYMENT.—Subsection
(a) shall not apply with respect to an individual making a
delivery of cigarettes or tobacco products in pursuance of
employment.
‘‘(2) PARTICIPATION IN LAW ENFORCEMENT OPERATION.—Sub-
section (a) shall not apply with respect to an individual pos-
sessing products in the course of a valid, supervised law enforce-
ment operation.
‘‘(c) PENALTIES.—Any individual who violates subsection (a)
shall be subject to the following penalties:
‘‘(1) For any violation, the individual may be required to
perform community service or attend a tobacco cessation pro-
gram.
‘‘(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 violation, the
individual shall be subject to a civil penalty not to exceed
$100.
‘‘(4) Upon the third and each subsequent violation, the
individual may have his or her driving privileges in the District
of Columbia suspended for a period of 90 consecutive days.’’.
(b) USE OF CONTRIBUTION.—The Metropolitan Police Depart-
ment shall use the contribution made under subsection (a) to enforce
the law referred to in such subsection.
SEC. 152. Nothing in this Act bars the District of Columbia
Corporation Counsel from reviewing or commenting on briefs in
private lawsuits, or from consulting with officials of the District
government regarding such lawsuits.
SEC. 153. (a) Nothing in the Federal Grant and Cooperative
Agreements Act of 1977 (31 U.S.C. 6301 et seq.) may be construed
to prohibit the Administrator of the Environmental Protection
Agency from negotiating and entering into cooperative agreements
and grants authorized by law which affect real property of the
Federal Government in the District of Columbia if the principal
H. R. 5633—36
purpose of the cooperative agreement or grant is to provide com-
parable benefits for Federal and non-Federal properties in the Dis-
trict of Columbia.
(b) Subsection (a) shall apply with respect to fiscal year 2001
and each succeeding fiscal year.
SEC. 154. (a) IN GENERAL.—The District of Columbia Home
Rule Act, as amended by section 159(a) of this Act, is further
amended by inserting after section 450A the following new section:
‘‘COMPREHENSIVE FINANCIAL MANAGEMENT POLICY
‘‘SEC. 450B. (a) COMPREHENSIVE
FINANCIAL
MANAGEMENT
POLICY.—The District of Columbia shall conduct its financial
management in accordance with a comprehensive financial manage-
ment policy.
‘‘(b) CONTENTS
OF
POLICY.—The comprehensive financial
management policy shall include, but not be limited to, the fol-
lowing:
‘‘(1) A cash management policy.
‘‘(2) A debt management policy.
‘‘(3) A financial asset management policy.
‘‘(4) An emergency reserve management policy in accord-
ance with section 450A(a).
‘‘(5) A contingency reserve management policy in accord-
ance with section 450A(b).
‘‘(6) A policy for determining real property tax exemptions
for the District of Columbia.
‘‘(c) ANNUAL REVIEW.—The comprehensive financial manage-
ment policy shall be reviewed at the end of each fiscal year by
the Chief Financial Officer who shall—
‘‘(1) not later than July 1 of each year, submit any proposed
changes in the policy to the Mayor 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 Responsibility and Management Assistance Authority
(Authority) for review;
‘‘(2) not later than August 1 of each year, after consider-
ation of any comments received under paragraph (1), submit
the changes to the Council of the District of Columbia (Council)
for approval; and
‘‘(3) not later than September 1 of each year, notify the
Committees on Appropriations of the Senate and House of
Representatives, the Committee on Government Reform of the
House of Representatives, and the Committee on Governmental
Affairs of the Senate of any changes enacted by the Council.
‘‘(d) PROCEDURE FOR DEVELOPMENT OF FIRST COMPREHENSIVE
FINANCIAL MANAGEMENT POLICY.—
‘‘(1) CHIEF FINANCIAL OFFICER.—Not later than April 1,
2001, the Chief Financial Officer shall submit to the Mayor
an initial proposed comprehensive financial management policy
for the District of Columbia pursuant to this section.
‘‘(2) COUNCIL.—Following review and comment by the
Mayor, not later than May 1, 2001, the Chief Financial Officer
shall submit the proposed financial management policy to the
Council for its prompt review and adoption.
‘‘(3) AUTHORITY.—Upon adoption of the financial manage-
ment policy under paragraph (2), the Council shall immediately
H. R. 5633—37
submit the policy to the Authority for a review of not to exceed
30 days.
‘‘(4) CONGRESS.—Following review of the financial manage-
ment policy by the Authority under paragraph (3), the Authority
shall submit the policy to the Committees on Appropriations
of the Senate and House of Representatives, the Committee
on Government Reform of the House of Representatives, and
the Committee on Governmental Affairs of the Senate for
review, and the policy shall take effect 30 days after the date
the policy is submitted under this paragraph.’’.
(b) CLERICAL AMENDMENT.—The table of contents for the Dis-
trict of Columbia Home Rule Act is amended by inserting after
the item relating to section 450A the following new item:
‘‘Sec. 450B. Comprehensive financial management policy.’’.
(c) EFFECTIVE DATE.—This section and the amendments made
by this section shall take effect on October 1, 2000.
APPOINTMENT AND DUTIES OF CHIEF FINANCIAL OFFICER
SEC. 155. (a) APPOINTMENT
AND DISMISSAL.—Section 424(b)
of the District of Columbia Home Rule Act (sec. 47–317.2, D.C.
Code) is amended—
(1) in paragraph (1)(B), by adding at the end the following:
‘‘Upon confirmation by the Council, the name of the Chief
Financial Officer shall be submitted to the Committees on
Appropriations of the Senate and House of Representatives,
the Committee on Governmental Affairs of the Senate, and
the Committee on Government Reform of the House of Rep-
resentatives for a 30-day period of review and comment before
the appointment takes effect.’’; and
(2) in paragraph (2)(B), by striking the period at the end
and inserting the following: ‘‘upon dismissal by the Mayor
and approval of that dismissal by a 2⁄3 vote of the Council.
Upon approval of the dismissal by the Council, notice of the
dismissal shall be submitted to the Committees on Appropria-
tions of the Senate and House of Representatives, the Com-
mittee on Governmental Affairs of the Senate, and the Com-
mittee on Government Reform of the House of Representatives
for a 30-day period of review and comment before the dismissal
takes effect.’’.
(b) FUNCTIONS.—
(1) IN GENERAL.—Section 424(c) of such Act (sec. 47–317.3,
D.C. Code) is amended—
(A) in the heading, by striking ‘‘DURING A CONTROL
YEAR’’;
(B) in the matter preceding paragraph (1), by striking
‘‘During a control year, the Chief Financial Officer’’ and
inserting ‘‘The Chief Financial Officer’’;
(C) in paragraph (1), by striking ‘‘Preparing’’ and
inserting ‘‘During a control year, preparing’’;
(D) in paragraph (3), by striking ‘‘Assuring’’ and
inserting ‘‘During a control year, assuring’’;
(E) in paragraph (5), by striking ‘‘With the approval’’
and all that follows through ‘‘the Council—’’ and inserting
‘‘Preparing and submitting to the Mayor and the Council,
with the approval of the Authority during a control year—
’’;
H. R. 5633—38
(F) in paragraph (11), by striking ‘‘or the Authority’’
and inserting ‘‘(or by the Authority during a control year)’’;
and
(G) by adding at the end the following new paragraphs:
‘‘(18) Exercising responsibility for the administration and
supervision of the District of Columbia Treasurer (except that
the Chief Financial Officer may delegate any portion of such
responsibility as the Chief Financial Officer considers appro-
priate and consistent with efficiency).
‘‘(19) Administering all borrowing programs of the District
government for the issuance of long-term and short-term indebt-
edness.
‘‘(20) Administering the cash management program of the
District government, including the investment of surplus funds
in governmental and non-governmental interest-bearing securi-
ties and accounts.
‘‘(21) Administering the centralized District government
payroll and retirement systems.
‘‘(22) Governing the accounting policies and systems
applicable to the District government.
‘‘(23) Preparing appropriate annual, quarterly, and monthly
financial reports of the accounting and financial operations
of the District government.
‘‘(24) Not later than 120 days after the end of each fiscal
year, preparing the complete financial statement and report
on the activities of the District government for such fiscal
year, for the use of the Mayor under section 448(a)(4).’’.
(2) CONFORMING AMENDMENTS.—Section 424 of such Act
(sec. 47–317.1 et seq., D.C. Code) is amended—
(A) by striking subsection (d);
(B) in subsection (e)(2), by striking ‘‘or subsection (d)’’;
and
(C) by redesignating subsections (e) and (f ) as sub-
sections (d) and (e), respectively.
SEC. 156. (a) Notwithstanding the provisions of the District
of Columbia Government Comprehensive Merit Personnel Act of
1978 (D.C. Law 2–139; D.C. Code 1–601.1 et seq.), or any other
District of Columbia law, statute, regulation, the provisions of the
District of Columbia Personnel Manual, or the provisions of any
collective bargaining agreement, employees of the District of
Columbia government will only receive compensation for overtime
work in excess of 40 hours per week (or other applicable tour
of duty) of work actually performed, in accordance with the provi-
sions of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.
(b) Subsection (a) of this section shall be effective December
27, 1996. The Resolution and Order of the District of Columbia
Financial Responsibility and Management Assistance Authority,
dated December 27, 1996, is hereby ratified and approved and
shall be given full force and effect.
SEC. 157. (a) IN GENERAL.—Notwithstanding section 503 of
Public Law 100–71 and as provided in subsection (b), the Court
Services and Offender Supervision Agency for the District of
Columbia (in this section referred to as the ‘‘agency’’) may imple-
ment and administer the Drug Free Workplace Program of the
agency, dated July 28, 2000, for employment applicants of the
agency.
H. R. 5633—39
(b) EFFECTIVE PERIOD.—The waiver provided by subsection (a)
shall—
(1) take effect on enactment; and
(2) terminate on the date the Department of Health and
Human Services approves the drug program of the agency
pursuant to section 503 of Public Law 100–71 or 12 months
after the date referred to in paragraph (1), whichever is later.
SEC. 158. Commencing October 1, 2000, the Mayor of the Dis-
trict of Columbia shall submit to the Senate and House Committees
on Appropriations, the Senate Governmental Affairs Committee,
and the House Government Reform Committee quarterly reports
addressing the following issues: (1) crime, including the homicide
rate, implementation of community policing, the number of police
officers on local beats, and the closing down of open-air drug mar-
kets; (2) access to drug abuse treatment, including the number
of treatment slots, the number of people served, the number of
people on waiting lists, and the effectiveness of treatment programs;
(3) management of parolees and pre-trial violent offenders, including
the number of halfway house escapes and steps taken to improve
monitoring and supervision of halfway house residents to reduce
the number of escapes to be provided in consultation with the
Court Services and Offender Supervision Agency; (4) education,
including access to special education services and student achieve-
ment to be provided in consultation with the District of Columbia
Public Schools; (5) improvement in basic District services, including
rat control and abatement; (6) application for and management
of Federal grants, including the number and type of grants for
which the District was eligible but failed to apply and the number
and type of grants awarded to the District but which the District
failed to spend the amounts received; and (7) indicators of child
well-being.
RESERVE FUNDS
SEC. 159. (a) ESTABLISHMENT OF RESERVE FUNDS.—
(1) IN GENERAL.—The District of Columbia Home Rule Act
is amended by inserting after section 450 the following new
section:
‘‘RESERVE FUNDS
‘‘SEC. 450A. (a) EMERGENCY RESERVE FUND.—
‘‘(1) IN GENERAL.—There is established an emergency cash
reserve fund (in this subsection referred to as the ‘emergency
reserve fund’) as an interest-bearing account (separate from
other accounts in the General Fund) into which the Mayor
shall deposit in cash not later than February 15 of each fiscal
year (or not later than October 1, 2000, in the case of fiscal
year 2001) such amount as may be required to maintain a
balance in the fund of at least 4 percent of the total budget
appropriated for operating expenditures for such fiscal year
which is derived from local funds (or, in the case of fiscal
years prior to fiscal year 2004, such amount as may be required
to maintain a balance in the fund of at least the minimum
emergency reserve balance for such fiscal year, as determined
under paragraph (2)).
‘‘(2) DETERMINATION OF MINIMUM EMERGENCY RESERVE BAL-
ANCE.—
H. R. 5633—40
‘‘(A) IN GENERAL.—The ‘minimum emergency reserve
balance’ with respect to a fiscal year is the amount equal
to the applicable percentage of the total budget appro-
priated for operating expenditures for such fiscal year
which is derived from local funds.
‘‘(B) APPLICABLE PERCENTAGE DEFINED.—In subpara-
graph (A), the ‘applicable percentage’ with respect to a
fiscal year means the following:
‘‘(i) For fiscal year 2001, 1 percent.
‘‘(ii) For fiscal year 2002, 2 percent.
‘‘(iii) For fiscal year 2003, 3 percent.
‘‘(3) INTEREST.—Interest earned on the emergency reserve
fund shall remain in the account and shall only be withdrawn
in accordance with paragraph (4).
‘‘(4) CRITERIA FOR USE OF AMOUNTS IN EMERGENCY RESERVE
FUND.—The Chief Financial Officer, in consultation with the
Mayor, shall develop a policy to govern the emergency reserve
fund which shall include (but which may not be limited to)
the following requirements:
‘‘(A) The emergency reserve fund may be used to pro-
vide for unanticipated and nonrecurring extraordinary
needs of an emergency nature, including a natural disaster
or calamity as defined by section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(Public Law 100–707) or unexpected obligations by Federal
law.
‘‘(B) The emergency reserve fund may also be used
in the event of a State of Emergency as declared by the
Mayor pursuant to section 5 of the District of Columbia
Public Emergency Act of 1980 (sec. 6–1504, D.C. Code).
‘‘(C) The emergency reserve fund may not be used
to fund—
‘‘(i) any department, agency, or office of the
Government of the District of Columbia which is
administered by a receiver or other official appointed
by a court;
‘‘(ii) shortfalls in any projected reductions which
are included in the budget proposed by the District
of Columbia for the fiscal year; or
‘‘(iii) settlements and judgments made by or
against the Government of the District of Columbia.
‘‘(5) ALLOCATION OF EMERGENCY CASH RESERVE FUNDS.—
Funds may be allocated from the emergency reserve fund only
after—
‘‘(A) an analysis has been prepared by the Chief Finan-
cial Officer of the availability of other sources of funding
to carry out the purposes of the allocation and the impact
of such allocation on the balance and integrity of the emer-
gency reserve fund; and
‘‘(B) with respect to fiscal years beginning with fiscal
year 2005, the contingency reserve fund established by
subsection (b) has been projected by the Chief Financial
Officer to be exhausted 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
H. R. 5633—41
Financial Responsibility 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 Columbia 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 budget appropriated from local funds for operating
expenditures for the fiscal year, the District of Columbia 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 fiscal year.
‘‘(b) CONTINGENCY RESERVE FUND.—
‘‘(1) IN GENERAL.—There is established a contingency cash
reserve fund (in this subsection referred to as the ‘contingency
reserve fund’) as an interest-bearing account (separate from
other accounts in the General Fund) into which the Mayor
shall deposit 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 appropriated for operating expendi-
tures 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 reserve balance
for such fiscal year, as determined under paragraph (2)).
‘‘(2) DETERMINATION OF MINIMUM CONTINGENCY RESERVE
BALANCE.—
‘‘(A) IN GENERAL.—The ‘minimum contingency reserve
balance’ with respect to a fiscal year is the amount equal
to the applicable percentage of the total budget appro-
priated from local funds for operating expenditures for
such fiscal year which is derived from local funds.
‘‘(B) APPLICABLE PERCENTAGE DEFINED.—In subpara-
graph (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 contingency reserve
fund shall remain in the account and may only be withdrawn
in accordance with paragraph (4).
‘‘(4) CRITERIA
FOR
USE
OF
AMOUNTS
IN
CONTINGENCY
RESERVE FUND.—The Chief Financial Officer, in consultation
with the Mayor, shall develop a policy governing the use of
the contingency reserve fund which shall include (but which
may not be limited to) the following requirements:
‘‘(A) The contingency reserve fund may only be used
to provide for nonrecurring or unforeseen 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 public safety
or health needs or requirements that have been identified