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(3) The Mayor and Council implement a pro-
gram for the periodic survey of all District property
to determine if it is surplus to the needs of the Dis-
trict.
(4) The Mayor and Council within 60 days of
the date of the enactment of this Act have filed with
the Committees on Appropriations of the House of
Representatives and Senate, the Committee on Gov-
ernment Reform of the House of Representatives,
and the Committee on Governmental Affairs of the
Senate a report which provides a comprehensive plan
for the management of District of Columbia real
property assets, and are proceeding with the imple-
mentation of the plan.
(b) TERMINATION OF PROVISIONS.—If the District
of Columbia enacts legislation to reform the practices and
procedures governing the entering into of leases for the
use of real property by the District of Columbia govern-
ment and the disposition of surplus real property of the
District government, the provisions of subsection (a) shall
cease to be effective upon the effective date of the legisla-
tion.
SEC. 153. Section 158(b) of Public Law 106–113,
approved November 29, 1999 (113 Stat. 1527) is amend-
ed to read as follows:
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‘‘(b) SOURCE OF FUNDS.—An amount not to exceed
$5,000,000 from the National Highway System funds ap-
portioned to the District of Columbia under section 104
of title 23, United States Code, may be used for purposes
of carrying out the project under subsection (a).’’
SEC. 154. (a) CERTIFICATION.—None of the funds
contained in this Act may be used after the expiration of
the 30-day period that begins on the date of the enact-
ment of this Act to pay the salary of any chief financial
officer of any office of the District of Columbia govern-
ment (including the District of Columbia Financial Re-
sponsibility and Management Assistance Authority and
any independent agency of the District) who has not filed
a certification with the Mayor and the Chief Financial
Officer of the District of Columbia that the officer under-
stands the duties and restrictions applicable to the officer
as a result of this Act (and the amendments made by this
Act), including any duty to prepare a report requested ei-
ther in the Act or in any of the reports accompanying the
Act and the deadline by which each report must be sub-
mitted, and the District’s Chief Financial Officer shall
provide to the Committees on Appropriations of the Sen-
ate and the House of Representatives by the 10th day
after the end of each quarter a summary list showing
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each report, the due date and the date submitted to the
Committees.
(b) PENALTY.—Any chief financial officer who car-
ries out any activity in violation of any provision of this
Act or any amendment made by this Act shall be subject
to a civil money penalty in accordance with applicable
District of Columbia law.
SEC. 155. (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 Co-
lumbia Personnel Manual, or the provisions of any collec-
tive 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) or work actually performed, in
accordance with the provisions of the Fair Labor Stand-
ards Act, 29 U.S.C. § 201 et seq.
(b) Subsection (a) of this section shall be effective
December 27, 1996 in order to ratify and approve the
Resolution and Order of the District of Columbia Finan-
cial Responsibility and Management Assistance Author-
ity, dated December 27, 1996.
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SEC. 156. The proposed budget of the government
of the District of Columbia for fiscal year 2002 that is
submitted by the District to Congress shall specify poten-
tial adjustments that might become necessary in the
event that the management savings achieved by the Dis-
trict during the year do not meet the level of manage-
ment savings projected by the District under the pro-
posed budget.
SEC. 157. In submitting any document showing the
budget for an office of the District of Columbia govern-
ment (including an independent Agency of the District)
that contains a category of activities labeled as ‘‘other’’,
‘‘miscellaneous’’, or a similar general, nondescriptive
term, the document shall include a description of the
types of activities covered in the category and a detailed
breakdown of the amount allocated for each such activity.
SEC. 158. (a) None of the funds contained in this
Act may be used to enact or carry out any law, rule, or
regulation to legalize or otherwise reduce penalties associ-
ated with the possession, use, or distribution of any
schedule I substance under the Controlled Substances
Act (21 U.S.C. 802) or any tetrahydrocannabinols deriva-
tive.
(b) The Legalization of Marijuana for Medical
Treatment Initiative of 1998, also know as Initiative 59,
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approved by the electors of the District of Columbia on
November 3, 1998, shall not take effect.
SEC. 159. Notwithstanding any other provision of
law, the Mayor of the District of Columbia, in consultation
with the committee established under section 603(e)(2)(B)
of the Student Loan Marketing Association Reorganiza-
tion Act of 1996 (Public Law 104–208; 110 Stat. 8009–
293, as amended by Public Law 106–113; 113 Stat.
1526), is hereby authorized to allocate the District’s limi-
tation amount of qualified zone academy bonds (estab-
lished pursuant to 26 U.S.C. 1397E) among qualified
zone academies within the District.
SEC. 160. (a) Section 11232 of the Balanced Budget
Act of 1997 (sec. 24–1232, DC Code) is amended—
(1) by redesignating subsections (f) through (i)
as subsections (g) through (j); and
(2) by inserting after subsection (e) the fol-
lowing new subsection:
‘‘(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 Gov-
ernment solely for purposes of the following provi-
sions of title 5, United States Code:
‘‘(A) Chapter 83 (relating to retirement).
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‘‘(B) Chapter 84 (relating to the Federal
Employees’ Retirement System).
‘‘(C) Chapter 87 (relating to life insur-
ance).
‘‘(D) Chapter 89 (relating to health insur-
ance).
‘‘(2) EFFECTIVE
DATES
OF
COVERAGE.—The
effective dates of coverage of the provisions of para-
graph (1) are as follows:
‘‘(A) In the case of the Trustee and em-
ployees of the Office of the Trustee and the Of-
fice 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 ap-
pointment, whichever is later.
‘‘(C) In the case of employees of the Pre-
trial Services Agency, January 3, 1999, or the
date of appointment, whichever is later.
‘‘(3) RATE OF CONTRIBUTIONS.—The Trustee
shall make contributions under the provisions re-
ferred to in paragraph (1) at the same rates applica-
ble to agencies of the Federal Government.
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‘‘(4) REGULATIONS.—The Office of Personnel
Management shall issue such regulations as are nec-
essary 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. 161. It is the sense of Congress that the pa-
tients of Saint Elizabeths Hospital and the taxpayers of
the District of Columbia are being poorly served by the
current facilities and management of the Hospital.
SEC. 162. It is the sense of Congress that the Dis-
trict of Columbia Financial Responsibility and Manage-
ment Assistance Authority should quickly complete the
sale of the Franklin School property, a property which
has been vacant for over 20 years.
SEC. 163. It is the sense of Congress that the District
of Columbia government should take all steps necessary
to ensure that officials of the District government (includ-
ing officials of the District of Columbia Financial Respon-
sibility and Management Assistance Authority, inde-
pendent agencies, boards, commissions, and corporations
of the government) maintain a fiduciary duty to the tax-
payers of the District in the administration of funds under
their control.
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SEC. 164. No amounts may be made available during
fiscal year 2001 to the District of Columbia Health and
Hospitals Public Benefit Corporation (through reprogram-
ming, transfers, loans, or any other mechanism) other
than the amounts which are otherwise provided for the
Corporation in this Act under the heading ‘‘DISTRICT OF
COLUMBIA HEALTH AND HOSPITALS PUBLIC BENEFIT
CORPORATION’’.
SEC. 165. (a) For each payment or group of pay-
ments made by or on behalf of the District of Columbia
Health and Hospitals Public Benefit Corporation, the
Chief Financial Officer of the District of Columbia shall
sign an affidavit certifying that the making of the pay-
ment does not constitute a violation of any provision of
subchapter III of chapter 13 of title 31, United States
Code, or of any provision of this Act.
(b) More than one payment may be covered by the
same affidavit under subsection (a), but a single affidavit
may not cover more than one week’s worth of payments.
(c) It shall be unlawful for any person to order any
other person to sign any affidavit required under this sec-
tion, or for any person to provide any signature required
under this section on such an affidavit by proxy or by ma-
chine, computer, or other facsimile device.
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SEC. 166. The District of Columbia Health and Hos-
pitals Public Benefit Corporation may not obligate or ex-
pend any amounts during fiscal year 2001 unless (at the
time of the obligation or expenditure) the Corporation cer-
tifies that the obligation or expenditure is within the budg-
et authority provided to the Corporation in this Act.
SEC. 167. Nothing in this Act bars the District of
Columbia Corporation Counsel from reviewing or com-
menting on briefs in private lawsuits, or from consulting
with officials of the District government regarding such
lawsuits.
SEC. 168. (a) Notwithstanding any other provision
of law, the Health Insurance Coverage for Contraceptives
Act of 2000 (D.C. Bill 13–399) shall not take effect.
(b) Nothing in this section may be construed to pre-
vent the Council or Mayor of the District of Columbia
from addressing the issue of the provision of contraceptive
coverage by health insurance plans, but it is the intent
of Congress that any legislation enacted on such issue
should include a ‘‘conscience clause’’ which provides excep-
tions for religious beliefs and moral convictions.
SEC. 169. (a) Chapter 23 of title 11, District of Co-
lumbia, is hereby repealed.
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(b) The table of chapters for title 11, District of Co-
lumbia, is amended by striking the item relating to chap-
ter 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. 170. (a) ASSESSMENT OF INTEREST FOR DE-
LAYED PAYMENTS.—If the Superior Court of the District
of Columbia or the District of Columbia Court of Appeals
does not make a payment 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 subsection is—
(1) a payment authorized under section 11–
2604 and section 11–2605, DC Code (relating to
representation provided under the District of Colum-
bia Criminal Justice Act);
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(2) a payment for counsel appointed in pro-
ceedings in the Family Division of the Superior
Court of the District of Columbia under chapter 23
of title 16, DC Code; or
(3) a payment for counsel authorized under sec-
tion 21–2060, DC Code (relating to representation
provided under the District of Columbia Guardian-
ship, 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 standards 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 avail-
able to attorneys who practice before such Courts.
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to require the assessment of inter-
est 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
Union Calendar No. 453
106TH CONGRESS
2D SESSION
H. R. 4942
[Report No. 106–786]
A BILL
Making appropriations for the government of the
District of Columbia and other activities charge-
able in whole or in part against revenues of said
District for the fiscal year ending September 30,
2001, and for other purposes.
JULY 25, 2000
Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed