H. R. 5633—25
(3) be submitted to the Congress, the Mayor, the District
of Columbia Council, the Consensus Commission, and the
Authority, not later than February 15 of each year.
(c) No later than November 1, 2000, or within 30 calendar
days after the date of the enactment of this Act, whichever occurs
later, and each succeeding year, the Superintendent of DCPS and
UDC shall submit to the appropriate congressional committees,
the Mayor, the District of Columbia Council, the Consensus
Commission, and the District of Columbia Financial Responsibility
and Management 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 approved
appropriation and that realigns budgeted data for personal services
and other-than-personal services, respectively, 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 Columbia 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. 122. (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 attorney 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—
(1) the hourly rate of compensation of the attorney exceeds
250 percent of the hourly rate of compensation under section
11–2604(a), District of Columbia 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 reimbursement in excess of such max-
imum may be approved for extended or complex representation
in accordance with section 11–2604(c), District of Columbia
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 action.
SEC. 123. 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 to term or where
the pregnancy is the result of an act of rape or incest.
SEC. 124. 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, hetero-
sexual, or lesbian), including but not limited to registration for
the purpose of extending employment, health, or governmental
H. R. 5633—26
benefits to such couples on the same basis that such benefits are
extended to legally married couples.
SEC. 125. The District of Columbia Financial Responsibility
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 University 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 Act (Public Law 93–
198; D.C. Code, sec. 47–301), or before submitting their respective
budgets directly to the Council.
SEC. 126. (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 Federal, private, or other grant
may be accepted, obligated, or expended pursuant to paragraph
(1) until—
(A) the Chief Financial Officer of the District of
Columbia submits to the Authority a report setting forth
detailed information regarding such grant; and
(B) the Authority has reviewed and approved the
acceptance, obligation, and expenditure of such grant in
accordance with review and approval procedures consistent
with the provisions of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995.
(3) PROHIBITION ON SPENDING IN ANTICIPATION OF APPROVAL
OR RECEIPT.—No amount may be obligated 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
approval 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 regarding 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 Represent-
atives and the Senate, not later than 15 days after the end
of the quarter covered by the report.
(b) REPORT ON EXPENDITURES BY FINANCIAL RESPONSIBILITY
AND MANAGEMENT ASSISTANCE AUTHORITY.—Not later than 20 cal-
endar days after the end of each fiscal quarter starting October
1, 2000, the Authority shall submit a report to the Committees
on Appropriations of the House of Representatives and the Senate,
H. R. 5633—27
the Committee on Government Reform of the House, and the Com-
mittee on Governmental Affairs of the Senate providing an itemized
accounting of all non-appropriated funds obligated or expended
by the Authority for the quarter. The report shall include informa-
tion on the date, amount, purpose, and vendor name, and a descrip-
tion of the services or goods provided with respect to the expendi-
tures of such funds.
SEC. 127. 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 Columbia for the year, annual estimates
of the expenditures and appropriations necessary for the mainte-
nance and operation 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 Columbia
Home Rule Act, without revision but subject to the Mayor’s rec-
ommendations. 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 shall have no authority under such Act to
revise such estimates.
SEC. 128. (a) RESTRICTIONS ON USE OF OFFICIAL VEHICLES.—
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 officer 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 include 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 Depart-
ment; (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 Chairman of the Council of the District of Columbia).
(b) INVENTORY OF VEHICLES.—The Chief Financial Officer of
the District of Columbia shall submit, by November 15, 2000, an
inventory, as of September 30, 2000, of all vehicles owned, leased
or operated by the District of Columbia government. The inventory
shall include, but not be limited to, the department to which the
vehicle is assigned; 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. 129. (a) SOURCE OF PAYMENT FOR EMPLOYEES DETAILED
WITHIN GOVERNMENT.—For purposes of determining 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 employee of the District government who provides
services which are within the authority and jurisdiction of the
entity (including any portion of the compensation paid to the officer
H. R. 5633—28
or employee attributable to the time spent in providing such serv-
ices) shall be treated as expenditures made from the entity’s budget,
without regard to whether the officer or employee is assigned to
the entity or otherwise treated as an officer or employee of the
entity.
(b) MODIFICATION OF REDUCTION IN FORCE PROCEDURES.—Sec-
tion 2408 of the District of Columbia Government Comprehensive
Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law
2–139; D.C. Code, sec. 1–625.7), is amended as follows:
(1) Subsection (a) is amended by striking ‘‘September 30,
2000’’ and inserting ‘‘September 30, 2000, and each subsequent
fiscal year’’.
(2) Subsection (b) is amended by striking ‘‘Prior to February
1, 2000’’ and inserting ‘‘Prior to February 1 of each year’’.
(3) Subsection (i) is amended by striking ‘‘March 1, 2000’’
and inserting ‘‘March 1 of each year’’.
(4) Subsection (k) is amended by striking ‘‘September 1,
2000’’ and inserting ‘‘September 1 of each year’’.
(c) No officer or employee of the District of Columbia govern-
ment (including any independent agency of the District but
excluding the District of Columbia Financial Responsibility and
Management Assistance Authority, the Metropolitan Police Depart-
ment, and the Office of the Chief Technology Officer) may enter
into an agreement in excess of $2,500 for the procurement of goods
or services on behalf of any entity of the District government
until the officer or employee has conducted an analysis of how
the procurement of the goods and services involved under the
applicable regulations and procedures of the District government
would differ from the procurement of the goods and services involved
under the Federal supply schedule and other applicable regulations
and procedures of the General Services Administration, including
an analysis of any differences in the costs to be incurred and
the time required to obtain the goods or services.
SEC. 130. 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 require special education
services; and
(2) if a student is classified as having a disability, as
defined in section 101(a)(1) of the Individuals with Disabilities
Education Act (84 Stat. 175; 20 U.S.C. 1401(a)(1)) or in section
7(8) of the Rehabilitation 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 services.
SEC. 131. (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
REGARDING
NOTICE.—
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PROD-
UCTS.—In the case of any equipment or product that may