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that are applicable to general fund capital improvements
projects and set forth in this Act under the Capital Outlay
appropriation title shall apply to projects approved under
this appropriation title.
LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND
For the Lottery and Charitable Games Enterprise
Fund, established by the District of Columbia Appropria-
tion Act for the fiscal year ending September 30, 1982 (95
Stat. 1174 and 1175; Public Law 97–91), for the purpose
of implementing the Law to Legalize Lotteries, Daily Num-
bers Games, and Bingo and Raffles for Charitable Purposes
in the District of Columbia (D.C. Law 3–172; D.C. Code,
sec. 2–2501 et seq. and sec. 22–1516 et seq.), $223,200,000:
Provided, That the District of Columbia shall identify the
source of funding for this appropriation title from the Dis-
trict’s own locally generated revenues: Provided further,
That no revenues from Federal sources shall be used to sup-
port the operations or activities of the Lottery and Chari-
table Games Control Board.
SPORTS AND ENTERTAINMENT COMMISSION
For the Sports and Entertainment Commission,
$10,968,000 from other funds: Provided, That the Mayor
shall submit a budget for the Armory Board for the forth-
coming fiscal year as required by section 442(b) of the Dis-
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trict of Columbia Home Rule Act (87 Stat. 824; Public Law
93–198; D.C. Code, sec. 47–301(b)).
DISTRICT OF COLUMBIA HEALTH AND HOSPITALS PUBLIC
BENEFIT CORPORATION
For the District of Columbia Health and Hospitals
Public Benefit Corporation, established by D.C. Law 11–
212; D.C. Code, sec. 32–262.2, $123,548,000 of which
$45,313,000 shall be derived by transfer from the general
fund, and $78,235,000 from other funds: Provided, That no
amounts may be made available to the Corporation
(through reprogramming, transfers, loans, or any other
mechanism) which are not otherwise provided for under this
heading.
DISTRICT OF COLUMBIA RETIREMENT BOARD
For the District of Columbia Retirement Board, estab-
lished by section 121 of the District of Columbia Retirement
Reform Act of 1979 (93 Stat. 866; D.C. Code, sec. 1–711),
$11,414,000 from the earnings of the applicable retirement
funds to pay legal, management, investment, and other fees
and administrative expenses of the District of Columbia Re-
tirement Board: Provided, That the District of Columbia
Retirement Board shall provide the Mayor, for transmittal
to the Council of the District of Columbia, an itemized ac-
counting of the planned use of appropriated funds in time
for each annual budget submission and the actual use of
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such funds in time for each annual audited financial re-
port.
CORRECTIONAL INDUSTRIES FUND
For the Correctional Industries Fund, established by
the District of Columbia Correctional Industries Establish-
ment Act (78 Stat. 1000; Public Law 88–622), $1,808,000
from other funds.
WASHINGTON CONVENTION CENTER ENTERPRISE FUND
For the Washington Convention Center Enterprise
Fund, $52,726,000 from other funds.
CAPITAL OUTLAY
(INCLUDING RESCISSIONS)
For 
construction 
projects, 
an 
increase 
of
$1,077,282,000 of which $806,787,000 is from local funds,
$66,446,000 is from highway trust funds, and $204,049,000
is from Federal funds, and a rescission of $55,208,000 from
local funds appropriated under this heading in prior fiscal
years, for a net amount of $1,022,074,000 to remain avail-
able until expended: Provided, That funds for use of each
capital project implementing agency shall be managed and
controlled in accordance with all procedures and limita-
tions established under the Financial Management System:
Provided further, That all funds provided by this appro-
priation title shall be available only for the specific projects
and purposes intended: Provided further, That notwith-
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standing the foregoing, all authorizations for capital outlay
projects, except those projects covered by the first sentence
of section 23(a) of the Federal-Aid Highway Act of 1968
(82 Stat. 827; Public Law 90–495; D.C. Code, sec. 7–134,
note), for which funds are provided by this appropriation
title, shall expire on September 30, 2002, except authoriza-
tions for projects as to which funds have been obligated in
whole or in part prior to September 30, 2002: Provided fur-
ther, That upon expiration of any such project authoriza-
tion, the funds provided herein for the project shall lapse.
GENERAL PROVISIONS
SEC. 101. Whenever in this Act, an amount is specified
within an appropriation for particular purposes or objects
of expenditure, such amount, unless otherwise specified,
shall be considered as the maximum amount that may be
expended for said purpose or object rather than an amount
set apart exclusively therefor.
SEC. 102. Appropriations in this Act shall be available
for expenses of travel and for the payment of dues of organi-
zations concerned with the work of the District of Columbia
government, when authorized by the Mayor: Provided, That
in the case of the Council of the District of Columbia, funds
may be expended with the authorization of the chair of the
Council.
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SEC. 103. There are appropriated from the applicable
funds of the District of Columbia such sums as may be nec-
essary for making refunds and for the payment of judg-
ments that have been entered against the District of Colum-
bia government: Provided, That nothing contained in this
section shall be construed as modifying or affecting the pro-
visions of section 11(c)(3) of title XII of the District of Co-
lumbia Income and Franchise Tax Act of 1947 (70 Stat.
78; Public Law 84–460; D.C. Code, sec. 47–1812.11(c)(3)).
SEC. 104. No funds appropriated in this Act for the
District of Columbia government for the operation of edu-
cational institutions, the compensation of personnel, or for
other educational purposes may be used to permit, encour-
age, facilitate, or further partisan political activities. Noth-
ing herein is intended to prohibit the availability of school
buildings for the use of any community or partisan polit-
ical group during non-school hours.
SEC. 105. None of the funds appropriated in this Act
shall be made available to pay the salary of any employee
of the District of Columbia government whose name, title,
grade, salary, past work experience, and salary history are
not available for inspection by the House and Senate Com-
mittees on Appropriations, the Subcommittee on the Dis-
trict of Columbia of the House Committee on Government
Reform, the Subcommittee on Oversight of Government
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Management, Restructuring and the District of Columbia
of the Senate Committee on Governmental Affairs, and the
Council of the District of Columbia, or their duly author-
ized representative.
SEC. 106. There are appropriated from the applicable
funds of the District of Columbia such sums as may be nec-
essary for making payments authorized by the District of
Columbia Revenue Recovery Act of 1977 (D.C. Law 2–20;
D.C. Code, sec. 47–421 et seq.).
SEC. 107. No part of this appropriation shall be used
for publicity or propaganda purposes or implementation of
any policy including boycott designed to support or defeat
legislation pending before Congress or any State legislature.
SEC. 108. At the start of the fiscal year, the Mayor
shall develop an annual plan, by quarter and by project,
for capital outlay borrowings: Provided, That within a rea-
sonable time after the close of each quarter, the Mayor shall
report to the Council of the District of Columbia and the
Congress the actual borrowings and spending progress com-
pared with projections.
SEC. 109. None of the funds provided under this Act
to the agencies funded by this Act, both Federal and District
government agencies, that remain available for obligation
or expenditure in fiscal year 2001, or provided from any
accounts in the Treasury of the United States derived by
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the collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure for an
agency through a reprogramming or inter-appropriation
transfer of funds which: (1) creates new programs; (2)
eliminates a program, project, or responsibility center; (3)
establishes or changes allocations specifically denied, lim-
ited or increased by Congress in this Act; (4) increases
funds or personnel by any means for any program, project,
or responsibility center for which funds have been denied
or restricted; (5) reestablishes through reprogramming any
program or project previously deferred through reprogram-
ming; (6) augments existing programs, projects, or respon-
sibility centers through a reprogramming of funds in excess
of $1,000,000 or 10 percent, whichever is less; (7) increases
by 20 percent or more personnel assigned to a specific pro-
gram, project, or responsibility center; or (8) transfers an
amount from one appropriation to another as long as the
amount transferred shall not exceed 2 percent of the local
funds in the appropriation; unless the Appropriations Com-
mittees of both the Senate and House of Representatives are
notified in writing 30 days in advance of any reprogram-
ming or inter-appropriation transfer as set forth in this
section.
SEC. 110. Consistent with the provisions of 31 U.S.C.
1301(a), appropriations under this Act shall be applied
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only to the objects for which the appropriations were made
except as otherwise provided by law.
SEC. 111. Notwithstanding any other provisions of
law, the provisions of the District of Columbia Government
Comprehensive Merit Personnel Act of 1978 (D.C. Law 2–
139; D.C. Code, sec. 1–601.1 et seq.), enacted pursuant to
section 422(3) of the District of Columbia Home Rule Act
(87 Stat. 790; Public Law 93–198; D.C. Code, sec. 1–
242(3)), shall apply with respect to the compensation of
District of Columbia employees: Provided, That for pay
purposes, employees of the District of Columbia government
shall not be subject to the provisions of title 5, United States
Code.
SEC. 112. No later than 30 days after the end of the
first quarter of the fiscal year ending September 30, 2001,
the Mayor of the District of Columbia shall submit to the
Council of the District of Columbia the new fiscal year 2001
revenue estimates as of the end of the first quarter of fiscal
year 2001. These estimates shall be used in the budget re-
quest for the fiscal year ending September 30, 2002. The
officially revised estimates at midyear shall be used for the
midyear report.
SEC. 113. No sole source contract with the District of
Columbia government or any agency thereof may be re-
newed or extended without opening that contract to the
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competitive bidding process as set forth in section 303 of
the District of Columbia Procurement Practices Act of 1985
(D.C. Law 6–85; D.C. Code, sec. 1–1183.3), except that the
District of Columbia government or any agency thereof may
renew or extend sole source contracts for which competition
is not feasible or practical: Provided, That the determina-
tion as to whether to invoke the competitive bidding process
has been made in accordance with duly promulgated rules
and procedures and said determination has been reviewed
and approved by the District of Columbia Financial Re-
sponsibility and Management Assistance Authority.
SEC. 114. For purposes of the Balanced Budget and
Emergency Deficit Control Act of 1985 (99 Stat. 1037; Pub-
lic Law 99–177), the term ‘‘program, project, and activity’’
shall be synonymous with and refer specifically to each ac-
count appropriating Federal funds in this Act, and any
sequestration order shall be applied to each of the accounts
rather than to the aggregate total of those accounts: Pro-
vided, That sequestration orders shall not be applied to any
account that is specifically exempted from sequestration by
the Balanced Budget and Emergency Deficit Control Act
of 1985.
SEC. 115. In the event a sequestration order is issued
pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985 (99 Stat. 1037; Public Law 99–177),
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after the amounts appropriated to the District of Columbia
for the fiscal year involved have been paid to the District
of Columbia, the Mayor of the District of Columbia shall
pay to the Secretary of the Treasury, within 15 days after
receipt of a request therefor from the Secretary of the Treas-
ury, such amounts as are sequestered by the order: Provided,
That the sequestration percentage specified in the order
shall be applied proportionately to each of the Federal ap-
propriation accounts in this Act that are not specifically
exempted from sequestration by such Act.
SEC. 116. (a) An entity of the District of Columbia
government may accept and use a gift or donation during
fiscal year 2001 if—
(1) the Mayor approves the acceptance and use
of the gift or donation: Provided, That the Council of
the District of Columbia may accept and use gifts
without prior approval by the Mayor; and
(2) the entity uses the gift or donation to carry
out its authorized functions or duties.
(b) Each entity of the District of Columbia government
shall keep accurate and detailed records of the acceptance
and use of any gift or donation under subsection (a) of this
section, and shall make such records available for audit and
public inspection.
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(c) For the purposes of this section, the term ‘‘entity
of the District of Columbia government’’ includes an inde-
pendent agency of the District of Columbia.
(d) This section shall not apply to the District of Co-
lumbia Board of Education, which may, pursuant to the
laws and regulations of the District of Columbia, accept
and use gifts to the public schools without prior approval
by the Mayor.
SEC. 117. None of the Federal funds provided in this
Act may be used by the District of Columbia to provide
for salaries, expenses, or other costs associated with the of-
fices of United States Senator or United States Representa-
tive under section 4(d) of the District of Columbia State-
hood Constitutional Convention Initiatives of 1979 (D.C.
Law 3–171; D.C. Code, sec. 1–113(d)).
SEC. 118. REPORTING REQUIREMENTS FOR THE DIS-
TRICT OF COLUMBIA PUBLIC SCHOOLS AND THE UNIVER-
SITY OF THE DISTRICT OF COLUMBIA. (a) The Super-
intendent of the District of Columbia Public Schools
[DCPS] and the University of the District of Columbia
[UDC] shall each submit to the Committees on Appropria-
tions of the House of Representatives and Senate, the Com-
mittee on Government Reform of the House of Representa-
tives, and the Committee on Governmental Affairs of the
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Senate no later than 15 calendar days after the end of each
quarter a report that sets forth—
(1) current quarter expenditures and obligations,
year-to-date expenditures and obligations, and total
fiscal year expenditure projections versus budget bro-
ken out on the basis of control center, responsibility
center, and object class, and for all funds, non-appro-
priated funds, and capital financing;
(2) a list of each account for which spending is
frozen and the amount of funds frozen, broken out by
control center, responsibility center, detailed object,
and for all funding sources;
(3) a list of all active contracts in excess of
$10,000 annually, which contains the name of each
contractor; the budget to which the contract is
charged, broken out on the basis of control center, re-
sponsibility center, and agency reporting code; and
contract identifying codes used by DCPS and UDC;
payments made in the last quarter and year-to-date,
the total amount of the contract and total payments
made for the contract and any modifications, exten-
sions, renewals; and specific modifications made to
each contract in the last month;
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(4) all reprogramming requests and reports that
are required to be, and have been, submitted to the
Board of Education; and
(5) all reprogramming requests and reports that
have been made by UDC within the last quarter in
compliance with applicable law; and
(6) changes made in the last quarter to the orga-
nizational structure of DCPS and UDC, displaying
for each entity previous and current control centers
and responsibility centers, the names of the organiza-
tional entities that have been changed, the name of the
staff member supervising each entity affected, and the
reasons for the structural change.
(b) The Superintendent of DCPS and UDC shall an-
nually compile an accurate and verifiable report on the po-
sitions and employees in the public school system and the
university, respectively. The annual report shall—
(1) set forth the number of validated schedule A
positions in the District of Columbia public schools
and UDC for fiscal year 2001, and thereafter on full-
time equivalent basis, including a compilation of all
positions by control center, responsibility center,
funding source, position type, position title, pay plan,
grade, and annual salary;
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(2) set forth a compilation of all employees in
the District of Columbia public schools and UDC as
of the preceding December 31, verified as to its accu-
racy in accordance with the functions that each em-
ployee actually performs, by control center, responsi-
bility center, agency reporting code, program (includ-
ing funding source), activity, location for accounting
purposes, job title, grade and classification, annual
salary, and position control number; and
(3) be submitted to the Congress, the Mayor, the
District of Columbia Council, the Consensus Commis-
sion, and the Authority, not later than February 15
of each year.
(c) No later than November 1, 2000, or within 30 cal-
endar days after the date of the enactment of this Act,
whichever occurs later, and each succeeding year, the Super-
intendent of DCPS and UDC shall submit to the appro-
priate congressional committees, the Mayor, the District of
Columbia Council, the Consensus Commission, and the Dis-
trict of Columbia Financial Responsibility and Manage-
ment Assistance Authority, a revised appropriated funds
operating budget for the public school system and UDC for
such fiscal year: (1) that is in the total amount of the ap-
proved appropriation and that realigns budgeted data for
personal services and other-than-personal services, respec-
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tively, with anticipated actual expenditures; and (2) that
is in the format of the budget that the Superintendent of
DCPS and UDC submit to the Mayor of the District of Co-
lumbia for inclusion in the Mayor’s budget submission to
the Council of the District of Columbia pursuant to section
442 of the District of Columbia Home Rule Act (Public Law
93–198; D.C. Code, sec. 47–301).
SEC. 119. Funds authorized or previously appro-
priated to the government of the District of Columbia by
this or any other Act to procure the necessary hardware
and installation of new software, conversion, testing, and
training to improve or replace its financial management
system are also available for the acquisition of accounting
and financial management services and the leasing of nec-
essary hardware, software or any other related goods or
services, as determined by the District of Columbia Finan-
cial Responsibility and Management Assistance Authority.
SEC. 120. (a) None of the funds contained in this Act
may be made available to pay the fees of an attorney who
represents a party who prevails in an action or any attor-
ney who defends any action, including an administrative
proceeding, brought against the District of Columbia Public
Schools under the Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.) if—
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(1) the hourly rate of compensation of the attor-
ney exceeds 250 percent of the hourly rate of com-
pensation under section 11–2604(a), District of Co-
lumbia Code; or
(2) the maximum amount of compensation of the
attorney exceeds 250 percent of the maximum amount
of compensation under section 11–2604(b)(1), District
of Columbia Code, except that compensation and re-
imbursement in excess of such maximum may be ap-
proved for extended or complex representation in ac-
cordance with section 11–2604(c), District of Colum-
bia Code; and
(3) in no case may the compensation limits in
paragraphs (1) and (2) exceed $2,500.
(b) Notwithstanding the preceding subsection, if the
Mayor and the Superintendent of the District of Columbia
Public Schools concur in a Memorandum of Understanding
setting forth a new rate and amount of compensation, then
such new rates shall apply in lieu of the rates set forth in
the preceding subsection to both the attorney who represents
the prevailing party and the attorney who defends the ac-
tion.
SEC. 121. None of the funds appropriated under this
Act shall be expended for any abortion except where the life
of the mother would be endangered if the fetus were carried
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to term or where the pregnancy is the result of an act of
rape or incest.
SEC. 122. None of the funds made available in this
Act may be used to implement or enforce the Health Care
Benefits Expansion Act of 1992 (D.C. Law 9–114; D.C.
Code, sec. 36–1401 et seq.) or to otherwise implement or
enforce any system of registration of unmarried, cohabiting
couples (whether homosexual, heterosexual, or lesbian), in-
cluding but not limited to registration for the purpose of
extending employment, health, or governmental benefits to
such couples on the same basis that such benefits are ex-
tended to legally married couples.
SEC. 123. The District of Columbia Financial Respon-
sibility and Management Assistance Authority, acting on
behalf of the District of Columbia Public Schools (DCPS)
in formulating the DCPS budget, the Board of Trustees of
the University of the District of Columbia, the Board of
Library Trustees, and the Board of Governors of the Uni-
versity of the District of Columbia School of Law shall vote
on and approve the respective annual or revised budgets for
such entities before submission to the Mayor of the District
of Columbia for inclusion in the Mayor’s budget submission
to the Council of the District of Columbia in accordance
with section 442 of the District of Columbia Home Rule
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Act (Public Law 93–198; D.C. Code, sec. 47–301), or before
submitting their respective budgets directly to the Council.
SEC. 124. (a) ACCEPTANCE AND USE OF GRANTS NOT
INCLUDED IN CEILING.—
(1) IN
GENERAL.—Notwithstanding any other
provision of this Act, the Mayor, in consultation with
the Chief Financial Officer, during a control year, as
defined in section 305(4) of the District of Columbia
Financial Responsibility and Management Assistance
Act of 1995 (Public Law 104–8; 109 Stat. 152), may
accept, obligate, and expend Federal, private, and
other grants received by the District government that
are not reflected in the amounts appropriated in this
Act.
(2) REQUIREMENT OF CHIEF FINANCIAL OFFICER
REPORT AND AUTHORITY APPROVAL.—No such Fed-
eral, private, or other grant may be accepted, obli-
gated, or expended pursuant to paragraph (1) until—
(A) the Chief Financial Officer of the Dis-
trict of Columbia submits to the Authority a re-
port setting forth detailed information regarding
such grant; and
(B) the Authority has reviewed and ap-
proved the acceptance, obligation, and expendi-
ture of such grant in accordance with review and
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approval procedures consistent with the provi-
sions of the District of Columbia Financial Re-
sponsibility and Management Assistance Act of
1995.
(3) PROHIBITION ON SPENDING IN ANTICIPATION
OF APPROVAL OR RECEIPT.—No amount may be obli-
gated or expended from the general fund or other
funds of the District government in anticipation of
the approval or receipt of a grant under paragraph
(2)(B) of this subsection or in anticipation of the ap-
proval or receipt of a Federal, private, or other grant
not subject to such paragraph.
(4) QUARTERLY REPORTS.—The Chief Financial
Officer of the District of Columbia shall prepare a
quarterly report setting forth detailed information re-
garding all Federal, private, and other grants subject
to this subsection. Each such report shall be submitted
to the Council of the District of Columbia, and to the
Committees on Appropriations of the House of Rep-
resentatives and the Senate, not later than 15 days
after the end of the quarter covered by the report.
(b) REPORT ON EXPENDITURES BY FINANCIAL RE-
SPONSIBILITY
AND MANAGEMENT ASSISTANCE AUTHOR-
ITY.—Not later than 20 calendar days after the end of each
fiscal quarter starting October 1, 1999, the Authority shall
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submit a report to the Committees on Appropriations of the
House of Representatives and the Senate, the Committee on
Government Reform of the House, and the Committee on
Governmental Affairs of the Senate providing an itemized
accounting of all non-appropriated funds obligated or ex-
pended by the Authority for the quarter. The report shall
include information on the date, amount, purpose, and ven-
dor name, and a description of the services or goods pro-
vided with respect to the expenditures of such funds.
SEC. 125. If a department or agency of the government
of the District of Columbia is under the administration of
a court-appointed receiver or other court-appointed official
during fiscal year 2001 or any succeeding fiscal year, the
receiver or official shall prepare and submit to the Mayor,
for inclusion in the annual budget of the District of Colum-
bia for the year, annual estimates of the expenditures and
appropriations necessary for the maintenance and oper-
ation of the department or agency. All such estimates shall
be forwarded by the Mayor to the Council, for its action
pursuant to sections 446 and 603(c) of the District of Co-
lumbia Home Rule Act, without revision but subject to the
Mayor’s recommendations. Notwithstanding any provision
of the District of Columbia Home Rule Act (87 Stat. 774;
Public Law 93–198), the Council may comment or make
recommendations concerning such annual estimates but
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shall have no authority under such Act to revise such esti-
mates.
SEC. 126. (a) RESTRICTIONS ON USE OF OFFICIAL VE-
HICLES.—Except as otherwise provided in this section, none
of the funds made available by this Act or by any other
Act may be used to provide any officer or employee of the
District of Columbia with an official vehicle unless the offi-
cer or employee uses the vehicle only in the performance
of the officer’s or employee’s official duties. For purposes
of this paragraph, the term ‘‘official duties’’ does not in-
clude travel between the officer’s or employee’s residence and
workplace (except: (1) in the case of an officer or employee
of the Metropolitan Police Department who resides in the
District of Columbia or is otherwise designated by the Chief
of the Department; (2) at the discretion of the Fire Chief,
an officer or employee of the District of Columbia Fire and
Emergency Medical Services Department who resides in the
District of Columbia and is on call 24 hours a day; (3)
the Mayor of the District of Columbia; and (4) the Chair-
man of the Council of the District of Columbia).
(b) INVENTORY OF VEHICLES.—The Chief Financial
Officer of the District of Columbia shall submit, by Novem-
ber 15, 2000, an inventory, as of September 30, 2000, of
all vehicles owned, leased or operated by the District of Co-
lumbia government. The inventory shall include, but not
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be limited to, the department to which the vehicle is as-
signed; the year and make of the vehicle; the acquisition
date and cost; the general condition of the vehicle; annual
operating and maintenance costs; current mileage; and
whether the vehicle is allowed to be taken home by a District
officer or employee and if so, the officer or employee’s title
and resident location.
SEC. 127. (a) SOURCE OF PAYMENT FOR EMPLOYEES
DETAILED WITHIN GOVERNMENT.—For purposes of deter-
mining the amount of funds expended by any entity within
the District of Columbia government during fiscal year
2001 and each succeeding fiscal year, any expenditures of
the District government attributable to any officer or em-
ployee of the District government who provides services
which are within the authority and jurisdiction of the enti-
ty (including any portion of the compensation paid to the
officer or employee attributable to the time spent in pro-
viding such services) shall be treated as expenditures made
from the entity’s budget, without regard to whether the offi-
cer or employee is assigned to the entity or otherwise treated
as an officer or employee of the entity.
(b) MODIFICATION OF REDUCTION IN FORCE PROCE-
DURES.—Section 2408 of the District of Columbia Govern-
ment Comprehensive Merit Personnel Act of 1978, effective
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March 3, 1979 (D.C. Law 2–139; D.C. Code, sec. 1–625.7),
is amended as follows:
(a) Subsection (a) is amended by striking the
date ‘‘September 30, 2000’’ and inserting the phrase
‘‘September 30, 2000, and each subsequent fiscal
year’’ in its place.
(b) Subsection (b) is amended by striking the
phrase ‘‘Prior to February 1, 2000’’ and inserting the
phrase ‘‘Prior to February 1 of each year’’ in its
place.
(c) Subsection (i) is amended by striking the
phrase ‘‘March 1, 2000’’ and inserting the phrase
‘‘March 1 of each year’’ in its place.
(d) Subsection (k) is amended by striking the
phrase ‘‘September 1, 2000’’ and inserting the phrase
‘‘September 1 of each year’’ in its place.
SEC. 128. 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 re-
quire special education services; and
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(2) if a student is classified as having a dis-
ability, as defined in section 101(a)(1) of the Individ-
uals with Disabilities Education Act (84 Stat. 175;
20 U.S.C. 1401(a)(1)) or in section 7(8) of the Reha-
bilitation 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 serv-
ices.
SEC. 129. (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 RE-
GARDING NOTICE.—
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—In the case of any equipment or
product that may be authorized to be purchased with
financial assistance provided using funds made avail-
able in this Act, it is the sense of the Congress that
entities receiving the assistance should, in expending
the assistance, purchase only American-made equip-
ment and products to the greatest extent practicable.
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In
providing financial assistance using funds made
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available in this Act, the head of each agency of the
Federal or District of Columbia government shall pro-
vide to each recipient of the assistance a notice de-
scribing 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 determined by a court or Federal agen-
cy that any person intentionally 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 sub-
contract made with funds made available in this Act, pur-
suant to the debarment, suspension, and ineligibility proce-
dures described in sections 9.400 through 9.409 of title 48,
Code of Federal Regulations.
SEC. 130. 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 Financial Responsibility and Management As-
sistance Authority) for fiscal year 2001 unless—
(1) the audit is conducted by the Inspector Gen-
eral of the District of Columbia pursuant to section
208(a)(4) of the District of Columbia Procurement
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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 document for such year and the appropria-
tions enacted into law for such year.
SEC. 131. 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 rep-
resentation in Congress for the District of Columbia.
SEC. 132. No later than November 1, 2000, 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 Co-
lumbia Financial Responsibility and Management Assist-
ance Authority a revised appropriated funds operating
budget in the format of the budget that the District of Co-
lumbia government submitted pursuant to section 442 of
the District of Columbia Home Rule Act (Public Law 93–
198; D.C. Code, sec. 47–301), 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 re-
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aligns all budgeted data for personal services and other-
than-personal-services, respectively, with anticipated actual
expenditures.
SEC. 133. (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. 134. (a) RESTRICTIONS ON LEASES.—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 make rental payments under a lease
for the use of real property by the District of Columbia gov-
ernment (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 in-
spection.
(b) 
ADDITIONAL
RESTRICTIONS
ON
CURRENT
LEASES.—
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(1) IN GENERAL.—Upon the expiration of the
60-day period that begins on the date of the enact-
ment 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 Representatives 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 gov-
ernment as of the end of the reporting period in-
volved.
(C) If the property is not occupied and uti-
lized by the District government as of the end of
the reporting period involved, a plan for occu-
pying and utilizing the property (including con-
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struction or renovation work) or a status state-
ment regarding any efforts by the District to ter-
minate or renegotiate the lease.
(2) TIMING OF REPORTS.—The reports described
in paragraph (1) shall be submitted for each calendar
quarter (beginning with the quarter ending December
31, 2000) 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. 135. (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
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such a lease) for the use of real property by the District
of Columbia government (including any independent agen-
cy 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 prop-
erty for the use of the District of Columbia (including any
independent agency of the District) unless the following con-
ditions are met:
(1) The Mayor and Council of the District of Co-
lumbia certify to the Committees on Appropriations
of the House of Representatives and Senate that exist-
ing real property available to the District (whether
leased or owned by the District government) is not
suitable for the purposes intended.
(2) Notwithstanding any other provisions of law,
there is made available for sale or lease all real prop-
erty of the District of Columbia that the Mayor from
time-to-time determines is surplus to the needs of the
District of Columbia, unless a majority of the mem-
bers of the Council override the Mayor’s determina-
tion during the 30-day period which begins on the
date the determination is published.
(3) The Mayor and Council implement a pro-
gram for the periodic survey of all District property
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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 as-
sets, and are proceeding with the implementation of
the plan.
(b) TERMINATION OF PROVISIONS.—If the District of
Columbia enacts legislation to reform the practices and pro-
cedures governing the entering into of leases for the use of
real property by the District of Columbia government and
the disposition of surplus real property of the District gov-
ernment, the provisions of subsection (a) shall cease to be
effective upon the effective date of the legislation.
SEC. 136. CERTIFICATION.—None of the funds con-
tained in this Act may be used after the expiration of the
60-day period that begins on the date of the enactment of
this Act to pay the salary of any chief financial officer of
any office of the District of Columbia government (includ-
ing any independent agency of the District) who has not
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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
and their agency as a result of this Act.
SEC. 137. The proposed budget of the government of
the District of Columbia for fiscal year 2002 that is sub-
mitted by the District to Congress shall specify potential
adjustments that might become necessary in the event that
the operational improvements savings and management re-
form savings achieved by the District during the year do
not meet the level of management savings projected by the
District under the proposed budget.
SEC. 138. In submitting any document showing the
budget for an office of the District of Columbia government
(including an independent agency of the District) that con-
tains a category of activities labeled as ‘‘other’’, ‘‘miscella-
neous’’, or a similar general, nondescriptive term, the docu-
ment 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. 139. (a) None of the funds contained in this Act
may be used to enact or carry out any law, rule, or regula-
tion 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.
(b) The Legalization of Marijuana for Medical Treat-
ment Initiative of 1998, also known as Initiative 59, ap-
proved by the electors of the District of Columbia on Novem-
ber 3, 1998, shall not take effect.
SEC. 140. Nothing in this Act bars the District of Co-
lumbia Corporation Counsel from reviewing or commenting
on briefs in private lawsuits, or from consulting with offi-
cials of the District government regarding such lawsuits.
SEC. 141. (a) Nothing in the Federal Grant and Coop-
erative Agreements Act of 1977 (31 U.S.C. 6301 et seq.)
may be construed to prohibit the Administrator of the Envi-
ronmental 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 purpose of the cooper-
ative agreement or grant is to provide comparable benefits
for Federal and non-Federal properties in the District of
Columbia.
(b) Subsection (a) shall apply with respect to fiscal
year 2001 and each succeeding fiscal year.
SEC. 142. (a) IN GENERAL.—The District of Columbia
Home Rule Act is amended by inserting after section 450
the following:
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‘‘COMPREHENSIVE FINANCIAL MANAGEMENT POLICY
‘‘SEC. 450B. (a) COMPREHENSIVE FINANCIAL MAN-
AGEMENT POLICY.—The District of Columbia shall conduct
its financial management in accordance with a comprehen-
sive financial management policy.
‘‘(b) CONTENTS OF POLICY.—The comprehensive fi-
nancial management policy shall include, but not be lim-
ited to, the following:
‘‘(1) A cash management policy.
‘‘(2) A debt management policy.
‘‘(3) A financial asset management policy.
‘‘(4) A contingency reserve management policy
in accordance with section 450A(a)(3).
‘‘(5) An emergency reserve management policy
in accordance with section 450A(b)(3).
‘‘(6) A policy for determining real property tax
exemptions for the District of Columbia.
‘‘(c) ANNUAL REVIEW.—The comprehensive financial
management policy shall be reviewed at the end of each fis-
cal 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 for
review and the District of Columbia Financial Re-
sponsibility and Management Assistance Authority
(in a control year);
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‘‘(2) not later than August 1 of each year, after
consideration of any comments received under para-
graph (1), submit the changes to the Council of the
District of Columbia for approval; and
‘‘(3) not later than September 1 of each year, no-
tify the Committees on Appropriations of the Senate
and House of Representatives, the Committee on Gov-
ernment Reform of the House of Representatives, and
the Committee on Governmental Affairs of the Senate
of any changes enacted by the Council of the District
of Columbia.
‘‘(d) PROCEDURE FOR DEVELOPMENT OF FIRST COM-
PREHENSIVE FINANCIAL MANAGEMENT POLICY.—
‘‘(1) CFO.—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 sec-
tion 450B of the District of Columbia Home Rule
Act.
‘‘(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 of the District of
Columbia for its prompt review and adoption.
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‘‘(3) AUTHORITY.—Upon adoption of the finan-
cial management policy under paragraph (2), the
Council shall immediately submit the policy to the
District of Columbia Financial Responsibility and
Management Assistance Authority for a review of not
to exceed 30 days.
‘‘(4) CONGRESS.—Following review of the finan-
cial management policy by the Authority under para-
graph (3), the Authority shall submit the policy to the
Committees on Appropriations of the Senate and
House of Representatives, the Committee on Govern-
ment 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 para-
graph.’’.
(b) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on October 1,
2000.
APPOINTMENT AND DUTIES OF CHIEF FINANCIAL OFFICER
SEC. 143. (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
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to the Committees on Appropriations of the Senate
and House of Representatives, the Committee on Gov-
ernmental Affairs of the Senate, and the Committee
on Government Reform of the House of Representa-
tives for a 30-day period of review and comment be-
fore the appointment takes effect.’’; and
(2) in paragraph (2)(B), by striking the period
at the end and inserting the following: ‘‘upon dis-
missal by the Mayor and approval of that dismissal
by a 2⁄3 vote of the Council of the District of Colum-
bia. Upon approval of the dismissal by the Council,
notice of the dismissal shall be submitted to the Com-
mittees on Appropriations of the Senate and House of
Representatives, the Committee on Governmental Af-
fairs of the Senate, and the Committee on Govern-
ment Reform of the House of Representatives for a 30-
day period of review and comment before the dis-
missal 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 Fi-
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nancial Officer’’ and inserting ‘‘The Chief Fi-
nancial Officer’’;
(C) in paragraph (1), by striking ‘‘Pre-
paring’’ and inserting ‘‘During a control year,
preparing’’;
(D) in paragraph (3), by striking ‘‘Assur-
ing’’ and inserting ‘‘During a control year, as-
suring’’;
(E) in paragraph (5), by striking ‘‘With the
Approval’’ and all that follows through ‘‘the
Council—’’ and inserting ‘‘Preparing and sub-
mitting to the Mayor and the Council, with the
approval of the Authority during a control
year—’’;
(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 adminis-
tration 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 appropriate and
consistent with efficiency).
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‘‘(19) Administering all borrowing programs of
the District government for the issuance of long-term
and short-term indebtedness.
‘‘(20) Administering the cash management pro-
gram of the District government, including the invest-
ment of surplus funds in governmental and non-gov-
ernmental interest-bearing securities and accounts.
‘‘(21) Administering the centralized District gov-
ernment payroll and retirement systems.
‘‘(22) Governing the accounting policies and sys-
tems 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
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(C) by redesignating subsections (e) and (f)
as subsections (d) and (e), respectively.
SEC. 144. (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, stat-
ute, regulation, the provisions of the District of Columbia
Personnel Manual, or the provisions of any collective bar-
gaining 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 provisions of the Fair Labor Standards Act, 29
U.S.C. § 201 et seq.
(b) Subsection (a) of this section shall be effective De-
cember 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 ef-
fect.
SEC. 145. (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 implement and administer the Drug
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Free Workplace Program of the agency, dated July 28,
2000, for employment applicants of the agency.
(b) EFFECTIVE PERIOD.—The waiver provided by sub-
section (a) shall—
(1) take effect on enactment; and
(2) terminate on the date the Department of
Health and Human Services approves the drug pro-
gram 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. 146. The Mayor of the District of Columbia shall
submit quarterly reports to the Senate Committees on Ap-
propriations and Governmental Affairs, commencing Octo-
ber 1, 2000, addressing the following issues: (1) crime, in-
cluding the homicide rate, implementation of community
policing, the number of police officers on local beats, and
the closing down of open-air drug markets; (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 pro-
vided in consultation with the Court Services and Offender
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Supervision Agency; (4) education, including access to spe-
cial education services and student achievement to be pro-
vided in consultation with the District of Columbia Public
Schools; (5) improvement in basic District services, includ-
ing 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. 
147. 
(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 emer-
gency 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
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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 bal-
ance 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 BALANCE.—
‘‘(A) IN GENERAL.—The ‘minimum emer-
gency reserve balance’ with respect to a fiscal
year is the amount equal to the applicable per-
centage of the total budget appropriated for oper-
ating expenditures for such fiscal year which is
derived from local funds.
‘‘(B) APPLICABLE PERCENTAGE DEFINED.—
In subparagraph (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 emer-
gency reserve fund shall remain in the account and
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shall only be withdrawn in accordance with para-
graph (4).
‘‘(4) CRITERIA FOR USE OF AMOUNTS IN EMER-
GENCY RESERVE FUND.—The Chief Financial Officer,
in consultation with the Mayor, shall develop a policy
to govern the emergency reserve fund which shall in-
clude (but which may not be limited to) the following
requirements:
‘‘(A) The emergency reserve fund may be
used to provide for unanticipated and non-
recurring extraordinary needs of an emergency
nature, including a natural disaster or calamity
as defined by section 102 of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance
Act (Public Law 100–707) or unexpected obliga-
tions 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 Colum-
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bia which is administered by a receiver or
other official appointed by a court;
‘‘(ii) shortfalls in any projected reduc-
tions which are included in the budget pro-
posed by the District of Columbia for the
fiscal year; or
‘‘(iii) settlements and judgments made
by or against the Government of the Dis-
trict 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 Financial Officer of the availability of
other sources of funding to carry out the pur-
poses of the allocation and the impact of such al-
location 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
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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 Colum-
bia shall appropriate sufficient funds each fiscal year
in the budget process to replenish any amounts allo-
cated from the emergency reserve fund during the pre-
ceding fiscal year by the following fiscal year. Once
the emergency reserve equals 4 percent of total budget
appropriated for operating expenditures for the fiscal
year, the District of Columbia shall appropriate suffi-
cient 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 appro-
priated for operating expenditures by the following
fiscal year.
‘‘(b) CONTINGENCY RESERVE FUND.—
‘‘(1) IN GENERAL.—There is established a con-
tingency cash reserve fund (in this subsection referred
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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 (be-
ginning 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 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 reserve balance for
such fiscal year, as determined under paragraph (2)).
‘‘(2) DETERMINATION OF MINIMUM CONTINGENCY
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 for oper-
ating expenditures for such fiscal year which is
derived from local funds.
‘‘(B) APPLICABLE PERCENTAGE DEFINED.—
In subparagraph (A), the ‘applicable percentage’
with respect to a fiscal year means the following:
‘‘(i) For fiscal year 2005, 1 percent.
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‘‘(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 CONTIN-
GENCY 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 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 public
safety or health needs or requirements that have
been identified after the budget process has oc-
curred, or opportunities to achieve cost savings.
‘‘(B) The contingency reserve fund may be
used, if needed, to cover revenue shortfalls experi-
enced by the District government for 3 consecu-
tive months (based on a 2 month rolling average)
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that are 5 percent or more below the budget fore-
cast.
‘‘(C) The contingency reserve fund may not
be used to fund any shortfalls in any projected
reductions which are included in the budget pro-
posed by the District of Columbia for the fiscal
year.
‘‘(5) ALLOCATION
OF
CONTINGENCY
CASH
RE-
SERVE.—Funds may be allocated from the contin-
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 allo-
cation on the balance and integrity of the contingency
reserve fund.
‘‘(6) REPLENISHMENT.—The District of Colum-
bia shall appropriate sufficient funds each fiscal year
in the budget process to replenish any amounts allo-
cated 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 for operating expenditures, the
District of Columbia shall appropriate sufficient
funds each fiscal year in the budget process to replen-
ish any amounts allocated from the contingency re-
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serve fund during the preceding year to maintain a
balance of at least 3 percent of total funds appro-
priated for operating expenditures by the following
fiscal year.
‘‘(c) QUARTERLY REPORTS.—The Chief Financial Of-
ficer 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 fis-
cal 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), and the Commit-
tees on Appropriations of the Senate and House of Rep-
resentatives that includes a monthly statement on the bal-
ance and activities of the contingency and emergency re-
serve 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 by striking ‘‘Begin-
ning with fiscal year 2000, the plan or budget sub-
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mitted 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’’.
(2) POSITIVE FUND BALANCE.—Section 202(k) of
such Act (sec. 47–392.2(k), D.C. Code) is repealed.
(c) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on October 1,
2000.
This Act may be cited as the ‘‘District of Columbia
Appropriations Act, 2001’’.
Attest:
Secretary.
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