Appropriates specified sums out of the District's general fund (and other funds, in some cases) for the current fiscal year for: (1) operating expenses (with certain limits); (2) the District of Columbia Financial Responsibility and Management Assistance Authority (Authority); (3) governmental direction and support; (4) economic development and regulation; (5) public safety and justice; (6) the public education system; (7) human support services; (8) public works; (9) receivership programs; (10) replacement of funds expended during FY 2000 from the Reserve established by the District of Columbia Financial Responsibility and Management Assistance Act of 1995; and (11) the emergency reserve fund established under the District of Columbia Home Rule Act by this Act.
Provides funds for the purpose of restructuring the delivery of health services in the District of Columbia, provided the restructuring plan reduces personnel levels of D.C. General Hospital and of the Public Benefit Corporation (PBC) consistent with the reduction set forth in the August 25, 2000, PBC Board of Directors resolution.
Appropriates funds for: (1) repayment of loans and interest; (2) repayment of general fund recovery debt; (3) payment of interest on short-term borrowing; (4) reimbursement for necessary expenses incurred in connection with presidential inauguration activities; (5) lease payments in accordance with the Certificates of Participation involving the land site underlying the building located at One Judiciary Square; (6) expenses associated with the John A. Wilson Building; (7) optical and dental insurance payments; (8) management supervisory service; (9) the implementation of a Cafeteria Plan; (10) the Water and Sewer Authority and the Washington Aqueduct; (11) the Lottery and Charitable Games Enterprise Fund; (12) the Sports and Entertainment Commission; (13) the District of Columbia Health and Hospitals Public Benefit Corporation; (14) the District of Columbia Retirement Board; (15) the Correctional Industries Fund; (16) the Washington Convention Center Enterprise Fund; and (17) capital outlay (including rescissions).
Transfers specified funds to the Tobacco Settlement Trust Fund to be spent pursuant to local law.
Requires the Mayor and District Council to make reductions of specified amounts for operational improvements savings and for management reform savings in local funds to one or more of the appropriation headings in this Act.
Sets forth authorizations as well as limitations and prohibitions on the uses of appropriations under this Act, and directives to the Mayor, the Council, and the Board of Education identical with or similar to those in the District of Columbia Appropriations Act, 2000.
(Sec. 104) Requires the Mayor to maintain an index of all employment personal services and consulting contracts (except collective bargaining agreements or related contracts) in effect on behalf of the District government, including severance clause information.
(Sec. 129) Amends the District of Columbia School Reform Act to modify contracting requirements for public charter schools with respect to: (1) specify exceptions to the notice requirements for procurement contracts; and (2) submission of contracts to the eligible chartering authority.
Provides that no provision of any law regarding the establishment, administration, or operation of District public charter schools shall apply if it duplicates or is inconsistent with such Act.
Subjects a public charter school which offers a preschool or prekindergarten program to the same child care licensing requirements (if any) which apply to a District public school which offers such a program.
Allows a public charter school to: (1) assign payments made to the school to a financial institution for use as collateral to secure a loan or for the repayment of a loan; (2) acquire goods and services through the General Services Administration (GSA) and participate in GSA programs in the same manner and to the extent as any District government entity; and (3) delegate to a nonprofit, District tax-exempt organization the school's authority to participate in such programs.
(Sec. 123) Prohibits the expenditure of funds appropriated under this Act for abortions except where the mother's life would be endangered if the fetus were carried to term or in cases of rape or incest.
(Sec. 124) Bars the use of funds made available by this Act to implement or enforce: (1) the District of Columbia Health Care Benefits Expansion Act of 1992 (also known as the District Domestic Partner Act); or (2) any system of registration of unmarried, cohabiting couples for purposes of extending them benefits on the same basis as such benefits are extended to legally married couples.
(Sec. 126) Allows the Mayor to 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 if the Chief Financial Officer reports to the Authority on detailed information regarding such grant, and the Authority approves such activity. Prohibits any obligation or expenditure from the general fund or other District government funds in anticipation of the approval or receipt of a Federal, private, or other grant not subject to this Act.
(Sec. 129) Prohibits any D.C. government officer or employee from entering into a procurement agreement in excess of $2,500 on behalf of any D.C. government entity until the officer or employee has analyzed how procurement under D.C. government regulations and procedures would differ from procurement under the Federal supply schedule and other Government Services Administration regulations and procedures.
(Sec. 131) Requires recipients of funds under this Act to comply with the Buy American Act.
Expresses the sense of Congress that, to the greatest extent practicable, such funds should be used to purchase only American-made equipment and products.
Declares a person ineligible to receive any contract made with funds provided under this Act if the person has been judicially determined to have intentionally affixed a "Made in America" label to a product that is not U.S.-made.
(Sec. 134) Prohibits the use of funds contained in this Act to transfer or confine inmates classified above the medium security level, as defined by the Federal Bureau of Prisons classification instrument, to the Northeast Ohio Correctional Center located in Youngstown, Ohio.
(Sec. 135) Amends Federal law to transfer from the Comptroller General of the United States to the District's Inspector General responsibility for the annual financial statement audit of the District's Highway Trust Fund.
(Sec. 137) Prohibits the use of funds under this Act for any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug.
(Sec. 140) Prohibits the use of funds under this Act 60 days after its enactment to pay the salary of any chief financial officer of any District government office who has not filed a certification with the Mayor and the Chief Financial Officer that the officer understands the duties and restrictions applicable, including any duty to prepare certain requested reports.
(Sec. 141) Requires the proposed FY 2002 budget of the District government to specify potential adjustments that might become necessary in the event that the management savings achieved by the District during the year do not meet the level of management savings projected.
(Sec. 142) Requires any document showing the budget for a District government office that contains specified general, nondescriptive labels categorizing activities to include descriptions of the types of activities covered and a detailed breakdown of the amount allocated for each one.
(Sec. 143) Prohibits the use of funds under this Act to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act or any tetrahydrocannabinols (THC) derivative.
Provides that the Legalization of Marijuana for Medical Treatment Initiative of 1998, also known as Initiative 59, approved by the electors of the District on November 3, 1998, shall not take effect.
(Sec. 144) Authorizes the D.C. Mayor to allocate the District's limitation amount of qualified zone academy bonds among qualified zone academies within the District.
(Sec. 145) Amends the Balanced Budget Act of 1997 to treat the Trustee and employees of the Office of the Trustee and the Office of Adult Probation, the employees of the Office of Parole, and the employees of the Pretrial Services Agency as Federal employees solely for purposes relating to the Civil Service Retirement System, the Federal Employees Retirement System, life insurance, and health insurance.
(Sec. 146) Expresses the sense of the Congress that the Authority should quickly complete the sale of the Franklin School property which has been vacant for over 20 years.
(Sec. 147) Declares that: (1) nothing in this Act shall be construed to prevent the Council or Mayor from addressing the issue of the provision of contraceptive coverage by health insurance plans; but (2) it is the intent of Congress that any legislation enacted on such issue should include a "conscience clause" which provides exceptions for religious beliefs and moral convictions.
(Sec. 148) Repeals the Medical Examiner chapter of the District of Columbia Code. Makes such repeal effective on the date on which legislation enacted by the Council to establish the Office of the Chief Medical Examiner in the executive branch of the District government takes effect.
(Sec. 149) Requires the Superior Court of the District or the District of Columbia Court of Appeals to assign interest on a voucher submitted by a court-appointed attorney for payment if the voucher is not paid within 45 days of its submission.
(Sec. 150) Makes it unlawful for any person to distribute any needle or syringe for the hypodermic injection of any illegal drug in any area of the District of Columbia within 1000 feet of a public or private elementary or secondary school (including a public charter school). Specifies sites deemed outside or inside such 1000-foot perimeter.
(Sec. 151) Appropriates a Federal contribution to the D.C. Metropolitan Police Department upon enactment by the District of a specified law banning possession of tobacco products by individuals under age 18.
(Sec. 152) Declares that nothing in this Act bars the District of Columbia Corporation Counsel from reviewing or commenting on briefs in private lawsuits, or from consulting with officials of the District government regarding such lawsuits.
(Sec. 153) Declares that nothing in the Federal Grant and Cooperative Agreements Act of 1977 may be construed to prohibit the Administrator of the Environmental Protection Agency from negotiating and entering into cooperative agreements and grants which affect real property of the Federal Government in the District of Columbia, if the principal purpose of the agreement or grant is to provide comparable benefits for Federal and Non-Federal properties in the District of Columbia.
(Sec. 154) Amends the District of Columbia Home Rule Act to direct the District of Columbia to conduct its financial management in accordance with a comprehensive financial management policy covering cash, debt, financial asset, emergency reserve management policies, and a policy for determining real property tax exemptions for the District of Columbia. Prescribes procedures for: (1) annual review of the comprehensive management policy by the Chief Financial Officer; and (2) development of the first such policy.
(Sec. 155) Amends the District of Columbia Home Rule Act to outline the duties of the Chief Financial Officer in a non-control year or following the lapse of the District of Columbia Financial Responsibility and Management Assistance Authority.
(Sec. 156) Declares that employees of the District of Columbia government will only receive overtime compensation for time worked in excess of 40 hours per week.
(Sec. 157) Authorizes the Court Services and Offender Supervision Agency to continue to operate its ongoing drug-free workplace testing program during the period that its plan is being reviewed for approval by the Department of Health and Human Services.
(Sec. 158) Requires the Mayor to report quarterly, beginning October 1, 2000, to specified congressional committees on the District's progress with respect to: (1) crime; (2) access to drug abuse treatment; (3) management of parolees and pre-trial violent offenders; (4) education; (5) improvement in basic District services, including rat control and abatement; (6) application for and management of Federal grants; and (7) indicators of child well-being.
(Sec. 159) Amends the District of Columbia Home Rule Act to establish an interest-bearing emergency cash reserve fund into which the Mayor shall deposit an amount required to maintain a balance (by FY 2004, and incrementally until then) of at least four percent of the total budget appropriated for operating expenditures for the fiscal year which is derived from local funds. Requires full replenishment of the fund at the beginning of each fiscal year. Limits the use of the emergency reserve fund to unanticipated and non-recurring extraordinary needs of an emergency nature, including a natural disaster or calamity or unexpected obligations by Federal law. Prohibits use of such fund for: (1) District agency receiverships; (2) shortfalls in projected reductions in the District's proposed budgets; or (3) settlements and judgments by or against the District government.
Establishes an interest- bearing contingency cash reserve fund into which the Mayor shall deposit an amount required to maintain a balance (by FY 2007, and incrementally during FY 2005 and 2006) of at least three percent of the total budget appropriated for operating expenditures for the fiscal year which is derived from local funds. Requires full replenishment of the fund at the beginning of each fiscal year. Limits the use of the fund to non-recurring or unforeseen needs arising during the fiscal year, including expenses associated with unforeseen weather or other natural disasters, unexpected obligations by Federal law or new public safety or health needs or requirements identified after the budget process has occurred, or opportunities to achieve cost savings. Allows use of the fund to cover revenue shortfalls experienced for cash receipts that are at least five percent below forecast for three consecutive months (based on a two-month rolling average). Prohibits use of such fund for shortfalls in projected reductions included in the District's proposed budgets. Conditions any use of the fund on the Chief Financial Officer's analysis of: (1) the availability of other sources of funding to carry out a particular allocation; and (2) the impact of such allocation on the balance and integrity of the fund itself.
Amends the District of Columbia Financial Responsibility and Management Assistance Act of 1995 to repeal current requirements for a positive reserve fund balance.
(Sec. 160) Amends the District of Columbia Home Rule Act to authorize the City Council to delegate to the District of Columbia Tobacco Settlement Financing Corporation the Council's authority to issue revenue bonds, notes, and other obligations used to finance capital projects which are secured by payments under the Master Tobacco Settlement Agreement. Waives the congressional review period for the Tobacco Settlement Financing Act of 2000.
(Sec. 161) Amends the Student Loan Marketing Association Reorganization Act of 1996, as amended by the District of Columbia Appropriations Act, 2000, to provide a set aside of specified appropriations for a credit enhancement fund for grants to eligible nonprofit corporations and other specified entities for public charter schools in the District.
(Sec. 162) Grants the D.C. Mayor exclusive authority to approve and execute leases of the Washington Marina and the Washington municipal fish wharf with the existing lessees for an initial term of 30 years and other terms and conditions the Mayor deems appropriate.
(Sec. 163) Amends the National Capital Revitalization and Self-Government Improvement Act of 1997 to provide for transfer without consideration to Fairfax County, Virginia, of any property located south of Silverbrooke Road identified for educational uses in the County reuse plan.
(Sec. 164) Amends the District of Columbia Procurement Practices Act of 1985 to allow the District's Inspector General to contract for the independent audit of the District's financial statements with an auditor who was a subcontractor to the independent auditor who audited the District's financial statements for the preceding fiscal year.
(Sec. 165) Amends the National Capital Revitalization and Self-Government Improvement Act of 1997 to direct the Administrator of General Services to convey to Fairfax County, Virginia, fee simple title to the Laurel Hill Residential Land located at the Lorton Correctional Complex north of Silverbrooke Road, if by January 15, 2001, Fairfax County agrees to convey Meadowood Farm to the Secretary of the Interior.
(Sec. 166) Amends the District of Columbia Appropriations Act, 2000 to authorize the Federal Highway Administration to conduct and perform specified 14th Street bridge work related to a project to complete design requirements for compliance with the National Environmental Policy Act for the construction of expanded lane capacity for the 14th Street Bridge.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5547 Introduced in House (IH)]
106th CONGRESS
2d Session
H. R. 5547
Making appropriations for the government of the District of Columbia
and other activities chargeable in whole or in part against the
revenues of said District for the fiscal year ending September 30,
2001, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 25, 2000
Mr. Istook introduced the following bill; which was referred to the
Committee on Appropriations
_______________________________________________________________________
A BILL
Making appropriations for the government of the District of Columbia
and other activities chargeable in whole or in part against the
revenues of said District for the fiscal year ending September 30,
2001, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the District of Columbia for the fiscal year ending
September 30, 2001, and for other purposes, namely:
FEDERAL FUNDS
Federal Payment for Resident Tuition Support
For a Federal payment to the District of Columbia for a nationwide
program to be administered by the Mayor for District of Columbia
resident tuition support, $17,000,000, to remain available until
expended: Provided, That such funds may be used on behalf of eligible
District of Columbia residents to pay an amount based upon the
difference between in-State and out-of-State tuition at public
institutions of higher education, usable at both public and private
institutions for higher education: Provided further, That the awarding
of such funds may be prioritized on the basis of a resident's academic
merit and such other factors as may be authorized.
Federal Payment for Incentives for Adoption of Children
The paragraph under the heading ``Federal Payment for Incentives
for Adoption of Children'' in Public Law 106-113, approved November 29,
1999 (113 Stat. 1501), is amended to read as follows: ``For a Federal
payment to the District of Columbia to create incentives to promote the
adoption of children in the District of Columbia foster care system,
$5,000,000: Provided, That such funds shall remain available until
September 30, 2002, and shall be used to carry out all of the
provisions of title 38, except for section 3808, of the Fiscal Year
2001 Budget Support Act of 2000, D.C. Bill 13-679, enrolled June 12,
2000.''.
Federal Payment to the Chief Financial Officer of the District of
Columbia
For a Federal payment to the Chief Financial Officer of the
District of Columbia, $1,250,000, of which $250,000 shall be for
payment to a mentoring program and for hotline services; $250,000 shall
be for payment to a youth development program with a character building
curriculum; $250,000 shall be for payment to a basic values training
program; and $500,000, to remain available until expended, shall be for
the design, construction, and maintenance of a trash rack system to be
installed at the Hickey Run stormwater outfall.
Federal Payment for Commercial Revitalization Program
For a Federal payment to the District of Columbia, $1,500,000, to
remain available until expended, for the Mayor, in consultation with
the Council of the District of Columbia, to provide offsets against
local taxes for a commercial revitalization program, such program to
provide financial inducements, including loans, grants, offsets to
local taxes and other instruments that promote commercial
revitalization in Enterprise Zones and low and moderate income areas in
the District of Columbia: Provided, That in carrying out such a
program, the Mayor shall use Federal commercial revitalization
proposals introduced in Congress as a guideline: Provided further, That
not later than 180 days after the date of the enactment of this Act,
the Mayor shall report to the Committees on Appropriations of the
Senate and House of Representatives on the progress made in carrying
out the commercial revitalization program.
Federal Payment to the District of Columbia Public Schools
For a Federal payment to the District of Columbia Public Schools,
$500,000: Provided, That $250,000 of said amount shall be used for a
program to reduce school violence: Provided further, That $250,000 of
said amount shall be used for a program to enhance the reading skills
of District public school students.
Federal Payment to the Metropolitan Police Department
For a Federal payment to the Metropolitan Police Department,
$100,000: Provided, That said funds shall be used to fund a youth safe
haven police mini-station for mentoring high risk youth.
Federal Contribution to Covenant House Washington
For a Federal contribution to Covenant House Washington for a
contribution to the construction in Southeast Washington of a new
community service center for homeless, runaway and at-risk youth,
$500,000.
Federal Payment to the District of Columbia Corrections Trustee
Operations
For salaries and expenses of the District of Columbia Corrections
Trustee, $134,200,000 for the administration and operation of
correctional facilities and for the administrative operating costs of
the Office of the Corrections Trustee, as authorized by section 11202
of the National Capital Revitalization and Self-Government Improvement
Act of 1997 (Public Law 105-33; 111 Stat. 712) of which $1,000,000 is
to fund an initiative to improve case processing in the District of
Columbia criminal justice system: Provided, That notwithstanding any
other provision of law, funds appropriated in this Act for the District
of Columbia Corrections Trustee shall be apportioned quarterly by the
Office of Management and Budget and obligated and expended in the same
manner as funds appropriated for salaries and expenses of other Federal
agencies: Provided further, That in addition to the funds provided
under this heading, the District of Columbia Corrections Trustee may
use any remaining interest earned on the Federal payment made to the
Trustee under the District of Columbia Appropriations Act, 1998, to
carry out the activities funded under this heading.
Federal Payment to the District of Columbia Courts
For salaries and expenses for the District of Columbia Courts,
$105,000,000 to be allocated as follows: for the District of Columbia
Court of Appeals, $7,409,000; for the District of Columbia Superior
Court, $71,121,000; for the District of Columbia Court System,
$17,890,000; $5,255,000 to finance a pay adjustment of 8.48 percent for
nonjudicial employees; and $3,325,000, including $825,000 for roofing
repairs to the facility commonly referred to as the Old Courthouse and
located at 451 Indiana Avenue, Northwest, to remain available until
September 30, 2002, for capital improvements for District of Columbia
courthouse facilities: Provided, That none of the funds in this Act or
in any other Act shall be available for the purchase, installation or
operation of an Integrated Justice Information System until a detailed
plan and design has been submitted by the courts and approved by the
Committees on Appropriations of the House of Representatives and the
Senate: Provided further, That notwithstanding any other provision of
law, all amounts under this heading shall be apportioned quarterly by
the Office of Management and Budget and obligated and expended in the
same manner as funds appropriated for salaries and expenses of other
Federal agencies, with payroll and financial services to be provided on
a contractual basis with the General Services Administration (GSA),
said services to include the preparation of monthly financial reports,
copies of which shall be submitted directly by GSA to the President and
to the Committees on Appropriations of the Senate and House of
Representatives, the Committee on Governmental Affairs of the Senate,
and the Committee on Government Reform of the House of Representatives.
Defender Services in District of Columbia Courts
For payments authorized under section 11-2604 and section 11-2605,
D.C. Code (relating to representation provided under the District of
Columbia Criminal Justice Act), payments for counsel appointed in
proceedings in the Family Division of the Superior Court of the
District of Columbia under chapter 23 of title 16, D.C. Code, and
payments for counsel authorized under section 21-2060, D.C. Code
(relating to representation provided under the District of Columbia
Guardianship, Protective Proceedings, and Durable Power of Attorney Act
of 1986), $34,387,000, to remain available until expended: Provided,
That the funds provided in this Act under the heading ``Federal Payment
to the District of Columbia Courts'' (other than the $3,325,000
provided under such heading for capital improvements for District of
Columbia courthouse facilities) may also be used for payments under
this heading: Provided further, That, in addition to the funds provided
under this heading, the Joint Committee on Judicial Administration in
the District of Columbia shall use funds provided in this Act under the
heading ``Federal Payment to the District of Columbia Courts'' (other
than the $3,325,000 provided under such heading for capital
improvements for District of Columbia courthouse facilities), to make
payments described under this heading for obligations incurred during
any fiscal year: Provided further, That such funds shall be
administered by the Joint Committee on Judicial Administration in the
District of Columbia: Provided further, That notwithstanding any other
provision of law, this appropriation shall be apportioned quarterly by
the Office of Management and Budget and obligated and expended in the
same manner as funds appropriated for expenses of other Federal
agencies, with payroll and financial services to be provided on a
contractual basis with the General Services Administration (GSA), said
services to include the preparation of monthly financial reports,
copies of which shall be submitted directly by GSA to the President and
to the Committees on Appropriations of the Senate and House of
Representatives, the Committee on Governmental Affairs of the Senate,
and the Committee on Government Reform of the House of Representatives:
Provided further, That the District of Columbia Courts shall implement
the recommendations in the General Accounting Office Report GAO/AIMD/
OGC-99-226 regarding payments to court-appointed attorneys and shall
report quarterly to the Office of Management and Budget and to the
House and Senate Appropriations Committees on the status of these
reforms.
Federal Payment to the Court Services and Offender Supervision Agency
for the District of Columbia
(including transfer of funds)
For salaries and expenses, including the transfer and hire of motor
vehicles, of the Court Services and Offender Supervision Agency for the
District of Columbia, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997 (Public Law
105-33; 111 Stat. 712), $112,527,000, of which $67,521,000 shall be for
necessary expenses of Community Supervision and Sex Offender
Registration, to include expenses relating to supervision of adults
subject to protection orders or provision of services for or related to
such persons; $18,778,000 shall be transferred to the Public Defender
Service; and $26,228,000 shall be available to the Pretrial Services
Agency: Provided, That of the amount provided under this heading,
$17,854,000 shall be used to improve pretrial defendant and post-
conviction offender supervision, enhance drug testing and sanctions-
based treatment programs and other treatment services, expand
intermediate sanctions and offender re-entry programs, continue
planning and design proposals for a residential Sanctions Center and
improve administrative infrastructure, including information
technology; and $836,000 of the $17,854,000 referred to in this proviso
is for the Public Defender Service: Provided further, That
notwithstanding any other provision of law, all amounts under this
heading shall be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal agencies:
Provided further, That notwithstanding section 446 of the District of
Columbia Home Rule Act or any provision of subchapter III of chapter 13
of title 31, United States Code, the use of interest earned on the
Federal payment made to the District of Columbia Offender Supervision,
Defender, and Court Services Agency under the District of Columbia
Appropriations Act, 1998, by the Agency during fiscal years 1998 and
1999 shall not constitute a violation of such Act or such subchapter.
Federal Payment for Washington Interfaith Network
For a Federal payment to the Washington Interfaith Network to
reimburse the Network for costs incurred in carrying out
preconstruction activities at the former Fort Dupont Dwellings and
Additions, $1,000,000: Provided, That such activities may include
architectural and engineering studies, property appraisals,
environmental assessments, grading and excavation, landscaping, paving,
and the installation of curbs, gutters, sidewalks, sewer lines, and
other utilities: Provided further, That the Secretary of the Treasury
shall make such payment only after the Network has received matching
funds from private sources (including funds provided through loans) to
carry out such activities in an aggregate amount which is equal to the
amount of such payment (as certified by the Inspector General of the
District of Columbia) and has provided the Secretary of the Treasury
with a request for reimbursement which contains documentation certified
by the Inspector General of the District of Columbia showing that the
Network carried out the activities and that the costs incurred in
carrying out the activities were equal to or less than the amount of
the reimbursement requested: Provided further, That none of the funds
provided under this heading may be obligated or expended after December
31, 2001 (without regard to whether the activities involved were
carried out prior to such date).
Federal Payment for Plan to Simplify Employee Compensation Systems
For a Federal payment to the Mayor of the District of Columbia for
a contract for the study and development of a plan to simplify the
compensation systems, schedules, and work rules applicable to employees
of the District government, $250,000: Provided, That under the terms of
the contract the plan shall include (at a minimum) a review of the
current compensation systems, schedules, and work rules applicable to
such employees; a review of the best practices regarding the
compensation systems, schedules, and work rules of State and local
governments and other appropriate organizations; a proposal for
simplifying the systems, schedules, and rules applicable to employees
of the District government; and the development of strategies for
implementing such proposal, including an identification of any
statutory, contractual, or other barriers to implementing the proposal
and an estimated time frame for implementing the proposal: Provided
further, That under the terms of the contract the contractor shall
submit the plan to the Mayor and to the Committees on Appropriations of
the House of Representatives and Senate: Provided further, That the
Mayor shall develop a proposed solicitation for the contract not later
than 90 days after the date of the enactment of this Act and shall
submit a copy of the proposed solicitation to the Comptroller General
for review at least 90 days prior to the issuance of such solicitation:
Provided further, That not later than 45 days after receiving the
proposed solicitation from the Mayor, the Comptroller General shall
review the solicitation to ensure that it adequately addresses all of
the necessary elements described under this heading and report to the
Committees on Appropriations of the House of Representatives and Senate
on the results of this review: Provided further, That for purposes of
this contract the term ``District government'' has the meaning given
such term in section 305(5) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995 (sec. 47-393(5),
D.C. Code), except that such term shall not include the courts of the
District of Columbia and shall include the District of Columbia
Financial Responsibility and Management Assistance Authority.
Metrorail Construction
For the Washington Metropolitan Area Transit Authority [WMATA], a
contribution of $25,000,000, to remain available until expended, to
design and build a Metrorail station located at New York and Florida
Avenues, Northeast: Provided, That prior to the release of said funds
from the U.S. Treasury, the District of Columbia shall set aside an
additional $25,000,000 for this project in its Fiscal Year 2001 Budget
and Financial Plan and, further, shall establish a special taxing
district for the neighborhood of the proposed Metrorail station to
provide $25,000,000: Provided further, That the requirements of 49
U.S.C. 5309(a)(2) shall apply to this project.
Federal Payment for Brownfield Remediation
For a Federal payment to the District of Columbia, $3,450,000 for
environmental and infrastructure costs at Poplar Point: Provided, That
of said amount, $2,150,000 shall be available for environmental
assessment, site remediation and wetlands restoration of the 11 acres
of real property under the jurisdiction of the District of Columbia:
Provided further, That no more than $1,300,000 shall be used for
infrastructure costs for an entrance to Anacostia Park: Provided
further, That none of said funds shall be used by the District of
Columbia to purchase private property in the Poplar Point area.
Presidential Inauguration
For a payment to the District of Columbia to reimburse the District
for expenses incurred in connection with Presidential inauguration
activities, $5,961,000, as authorized by section 737(b) of the District
of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 824;
D.C. Code, sec. 1-1132), which shall be apportioned by the Chief
Financial Officer within the various appropriation headings in this
Act.
Children's National Medical Center
For a Federal contribution to the Children's National Medical
Center in the District of Columbia, $500,000 to be used for the network
of satellite pediatric health clinics for children and families in
underserved neighborhoods and communities in the District of Columbia.
Child Advocacy Center
For a Federal contribution to the Child Advocacy Center for its
Safe Shores program, $500,000.
St. Coletta of Greater Washington Expansion Project
For a Federal contribution to St. Coletta of Greater Washington,
Inc. for costs associated with the establishment of a day program and
comprehensive case management services for mentally retarded and
multiple-handicapped adolescents and adults in the District of
Columbia, including property acquisition and construction, $1,000,000.
District of Columbia Special Olympics
For a Federal contribution to the District of Columbia Special
Olympics, $250,000.
DISTRICT OF COLUMBIA FUNDS
OPERATING EXPENSES
Division of Expenses
The following amounts are appropriated for the District of Columbia
for the current fiscal year out of the general fund of the District of
Columbia, except as otherwise specifically provided: Provided, That
notwithstanding any other provision of law, except as provided in
section 450A of the District of Columbia Home Rule Act and section 126
of this Act, the total amount appropriated in this Act for operating
expenses for the District of Columbia for fiscal year 2001 under this
heading shall not exceed the lesser of the sum of the total revenues of
the District of Columbia for such fiscal year or $5,677,379,000 (of
which $172,607,000 shall be from intra-District funds and
$3,250,783,000 shall be from local funds): Provided further, That the
Chief Financial Officer of the District of Columbia and the District of
Columbia Financial Responsibility and Management Assistance Authority
shall take such steps as are necessary to assure that the District of
Columbia meets these requirements, including the apportioning by the
Chief Financial Officer of the appropriations and funds made available
to the District during fiscal year 2001, except that the Chief
Financial Officer may not reprogram for operating expenses any funds
derived from bonds, notes, or other obligations issued for capital
projects.
District of Columbia Financial Responsibility and Management Assistance
Authority
For the District of Columbia Financial Responsibility and
Management Assistance Authority (Authority), established by section
101(a) of the District of Columbia Financial Responsibility and
Management Assistance Act of 1995 (109 Stat. 97; Public Law 104-8),
$3,140,000: Provided, That these funds be derived from accounts held by
the Authority on behalf of the District of Columbia: Provided further,
That none of the funds contained in this Act may be used to pay any
compensation of the Executive Director or General Counsel of the
Authority at a rate in excess of the maximum rate of compensation which
may be paid to such individual during fiscal year 2001 under section
102 of such Act, as determined by the Comptroller General (as described
in GAO letter report B-279095.2): Provided further, That none of the
funds contained in this Act or any other funds available to the
Authority or any other entity of the District of Columbia government
from any source (including any accounts of the Authority) may be used
for any payments (including but not limited to severance or bonus
payments, and payments under agreements in effect before the enactment
of this Act) to any individual upon or following the individual's
separation from employment with the Authority (other than a payment of
the individual's regular salary for services performed prior to
separation or a payment for unused annual leave accrued by the
individual), except that an individual who is employed by the Authority
during the entire period which begins on the date of the enactment of
this Act and ends on September 30, 2001, may receive a severance
payment after such date in an aggregate amount which does not exceed
the product of 200 percent of the individual's average weekly salary
during the final 12-month period (or portion thereof) during which the
individual was employed by the Authority and the number of full years
during which the individual was employed by the Authority.
Governmental Direction and Support
Governmental direction and support, $195,771,000 (including
$162,172,000 from local funds, $20,424,000 from Federal funds, and
$13,175,000 from other funds): Provided, That not to exceed $2,500 for
the Mayor, $2,500 for the Chairman of the Council of the District of
Columbia, and $2,500 for the City Administrator shall be available from
this appropriation for official purposes: Provided further, That any
program fees collected from the issuance of debt shall be available for
the payment of expenses of the debt management program of the District
of Columbia: Provided further, That no revenues from Federal sources
shall be used to support the operations or activities of the Statehood
Commission and Statehood Compact Commission: Provided further, That the
District of Columbia shall identify the sources of funding for
Admission to Statehood from its own locally-generated revenues:
Provided further, That all employees permanently assigned to work in
the Office of the Mayor shall be paid from funds allocated to the
Office of the Mayor: Provided further, That notwithstanding any other
provision of law, or Mayor's Order 86-45, issued March 18, 1986, the
Office of the Chief Technology Officer's delegated small purchase
authority shall be $500,000: Provided further, That the District of
Columbia government may not require the Office of the Chief Technology
Officer to submit to any other procurement review process, or to obtain
the approval of or be restricted in any manner by any official or
employee of the District of Columbia government, for purchases that do
not exceed $500,000: Provided further, That $303,000 and no fewer than
5 FTEs shall be available exclusively to support the Labor-Management
Partnership Council: Provided further, That, effective September 30,
2000, section 168(a) of the District of Columbia Appropriations Act,
2000 (Public Law 106-113; 113 Stat. 1531) is amended by inserting ``,
to remain available until expended,'' after ``$5,000,000'': Provided
further, That not later than March 1, 2001, the Chief Financial Officer
of the District of Columbia shall submit a study to the Committees on
Appropriations of the House of Representatives and Senate on the merits
and potential savings of privatizing the operation and administration
of Saint Elizabeths Hospital.
Economic Development and Regulation
Economic development and regulation, $205,638,000 (including
$53,562,000 from local funds, $92,378,000 from Federal funds, and
$59,698,000 from other funds), of which $15,000,000 collected by the
District of Columbia in the form of BID tax revenue shall be paid to
the respective BIDs pursuant to the Business Improvement Districts Act
of 1996 (D.C. Law 11-134; D.C. Code, sec. 1-2271 et seq.), and the
Business Improvement Districts Amendment Act of 1997 (D.C. Law 12-26):
Provided, That such funds are available for acquiring services provided
by the General Services Administration: Provided further, That Business
Improvement Districts shall be exempt from taxes levied by the District
of Columbia.
Public Safety and Justice
Public safety and justice, including purchase or lease of 135
passenger carrying vehicles for replacement only, including 130 for
police-type use and five for fire-type use, without regard to the
general purchase price limitation for the current fiscal year, and such
sums as may be necessary for making refunds and for the payment of
judgments that have been entered against the District of Columbia
government $762,546,000 (including $591,565,000 from local funds,
$24,950,000 from Federal funds, and $146,031,000 from other funds):
Provided, That the Metropolitan Police Department is authorized to
replace not to exceed 25 passenger-carrying vehicles and the Department
of Fire and Emergency Medical Services of the District of Columbia is
authorized to replace not to exceed five passenger-carrying vehicles
annually whenever the cost of repair to any damaged vehicle exceeds
three-fourths of the cost of the replacement: Provided further, That
not to exceed $500,000 shall be available from this appropriation for
the Chief of Police for the prevention and detection of crime: Provided
further, That notwithstanding any other provision of law, or Mayor's
Order 86-45, issued March 18, 1986, the Metropolitan Police
Department's delegated small purchase authority shall be $500,000:
Provided further, That the District of Columbia government may not
require the Metropolitan Police Department to submit to any other
procurement review process, or to obtain the approval of or be
restricted in any manner by any official or employee of the District of
Columbia government, for purchases that do not exceed $500,000:
Provided further, That the Mayor shall reimburse the District of
Columbia National Guard for expenses incurred in connection with
services that are performed in emergencies by the National Guard in a
militia status and are requested by the Mayor, in amounts that shall be
jointly determined and certified as due and payable for these services
by the Mayor and the Commanding General of the District of Columbia
National Guard: Provided further, That such sums as may be necessary
for reimbursement to the District of Columbia National Guard under the
preceding proviso shall be available from this appropriation, and the
availability of the sums shall be deemed as constituting payment in
advance for emergency services involved: Provided further, That the
Metropolitan Police Department is authorized to maintain 3,800 sworn
officers, with leave for a 50 officer attrition: Provided further, That
no more than 15 members of the Metropolitan Police Department shall be
detailed or assigned to the Executive Protection Unit, until the Chief
of Police submits a recommendation to the Council for its review:
Provided further, That $100,000 shall be available for inmates released
on medical and geriatric parole: Provided further, That commencing on
December 31, 2000, the Metropolitan Police Department shall provide to
the Committees on Appropriations of the Senate and House of
Representatives, the Committee on Governmental Affairs of the Senate,
and the Committee on Government Reform of the House of Representatives,
quarterly reports on the status of crime reduction in each of the 83
police service areas established throughout the District of Columbia.
Public Education System
Public education system, including the development of national
defense education programs, $998,918,000 (including $824,867,000 from
local funds, $147,643,000 from Federal funds, and $26,408,000 from
other funds), to be allocated as follows: $769,943,000 (including
$629,309,000 from local funds, $133,490,000 from Federal funds, and
$7,144,000 from other funds), for the public schools of the District of
Columbia; $200,000 from local funds for the District of Columbia
Teachers' Retirement Fund; $1,679,000 from local funds for the State
Education Office, $17,000,000 from local funds, previously appropriated
in this Act as a Federal payment, for resident tuition support at
public and private institutions of higher learning for eligible
District of Columbia residents; and $105,000,000 from local funds for
public charter schools: Provided, That there shall be quarterly
disbursement of funds to the District of Columbia public charter
schools, with the first payment to occur within 15 days of the
beginning of each fiscal year: Provided further, That the District of
Columbia public charter schools will report enrollment on a quarterly
basis upon which a quarterly disbursement will be calculated: Provided
further, That the quarterly payment of October 15, 2000, shall be fifty
(50) percent of each public charter school's annual entitlement based
on its unaudited October 5 enrollment count: Provided further, That if
the entirety of this allocation has not been provided as payments to
any public charter schools currently in operation through the per pupil
funding formula, the funds shall be available for public education in
accordance with the School Reform Act of 1995 (D.C. Code, sec. 31-
2853.43(A)(2)(D); Public Law 104-134, as amended): Provided further,
That $480,000 of this amount shall be available to the District of
Columbia Public Charter School Board for administrative costs: Provided
further, That $76,433,000 (including $44,691,000 from local funds,
$13,199,000 from Federal funds, and $18,543,000 from other funds) shall
be available for the University of the District of Columbia: Provided
further, That $200,000 is allocated for the East of the River Campus
Assessment Study, $1,000,000 for the Excel Institute Adult Education
Program to be used by the Institute for construction and to acquire
construction services provided by the General Services Administration
on a reimbursable basis, $500,000 for the Adult Education State Plan,
$650,000 for The Saturday Academy Pre-College Program, and $481,000 for
the Strengthening of Academic Programs; and $26,459,000 (including
$25,208,000 from local funds, $550,000 from Federal funds and $701,000
other funds) for the Public Library: Provided further, That the
$1,020,000 enhancement shall be allocated such that $500,000 is used
for facilities improvements for 8 of the 26 library branches, $235,000
for 13 FTEs for the continuation of the Homework Helpers Program,
$166,000 for 3 FTEs in the expansion of the Reach Out And Roar (ROAR)
service to license day care homes, and $119,000 for 3 FTEs to expand
literacy support into branch libraries: Provided further, That
$2,204,000 (including $1,780,000 from local funds, $404,000 from
Federal funds and $20,000 from other funds) shall be available for the
Commission on the Arts and Humanities: Provided further, That the
public schools of the District of Columbia are authorized to accept not
to exceed 31 motor vehicles for exclusive use in the driver education
program: Provided further, That not to exceed $2,500 for the
Superintendent of Schools, $2,500 for the President of the University
of the District of Columbia, and $2,000 for the Public Librarian shall
be available from this appropriation for official purposes: Provided
further, That none of the funds contained in this Act may be made
available to pay the salaries of any District of Columbia Public School
teacher, principal, administrator, official, or employee who knowingly
provides false enrollment or attendance information under article II,
section 5 of the Act entitled ``An Act to provide for compulsory school
attendance, for the taking of a school census in the District of
Columbia, and for other purposes'', approved February 4, 1925 (D.C.
Code, sec. 31-401 et seq.): Provided further, That this appropriation
shall not be available to subsidize the education of any nonresident of
the District of Columbia at any District of Columbia public elementary
and secondary school during fiscal year 2001 unless the nonresident
pays tuition to the District of Columbia at a rate that covers 100
percent of the costs incurred by the District of Columbia which are
attributable to the education of the nonresident (as established by the
Superintendent of the District of Columbia Public Schools): Provided
further, That this appropriation shall not be available to subsidize
the education of nonresidents of the District of Columbia at the
University of the District of Columbia, unless the Board of Trustees of
the University of the District of Columbia adopts, for the fiscal year
ending September 30, 2001, a tuition rate schedule that will establish
the tuition rate for nonresident students at a level no lower than the
nonresident tuition rate charged at comparable public institutions of
higher education in the metropolitan area: Provided further, That
$2,200,000 is allocated to the Temporary Weighted Student Formula to
fund 344 additional slots for pre-K students: Provided further, That
$50,000 is allocated to fund a conference on learning support for
children ages 3-4 hosted jointly by the District of Columbia Public
Schools and District of Columbia public charter schools: Provided
further, That no local funds in this Act shall be used to administer a
system-wide standardized test more than once in FY 2001: Provided
further, That no less than $436,452,000 shall be expended on local
schools through the Weighted Student Formula: Provided further, That
notwithstanding any other provision of law, rule, or regulation, the
evaluation process and instruments for evaluating District of Columbia
Public School employees shall be a non-negotiable item for collective
bargaining purposes: Provided further, That the District of Columbia
Public Schools shall spend $250,000 to engage in a Schools Without
Violence program based on a model developed by the University of North
Carolina, located in Greensboro, North Carolina: Provided further, That
the District of Columbia Public Schools shall spend $250,000 to
implement a Failure Free Reading program in the District's public
schools: Provided further, That notwithstanding the amounts otherwise
provided under this heading or any other provision of law, there shall
be appropriated to the District of Columbia public charter schools on
July 1, 2001, an amount equal to 25 percent of the total amount
provided for payments to public charter schools in the proposed budget
of the District of Columbia for fiscal year 2002 (as submitted to
Congress), and the amount of such payment shall be chargeable against
the final amount provided for such payments under the District of
Columbia Appropriations Act, 2002: Provided further, That
notwithstanding the amounts otherwise provided under this heading or
any other provision of law, there shall be appropriated to the District
of Columbia Public Schools on July 1, 2001, an amount equal to 10
percent of the total amount provided for the District of Columbia
Public Schools in the proposed budget of the District of Columbia for
fiscal year 2002 (as submitted to Congress), and the amount of such
payment shall be chargeable against the final amount provided for the
District of Columbia Public Schools under the District of Columbia
Appropriations Act, 2002.
Human Support Services
(including transfer of funds)
Human support services, $1,535,654,000 (including $637,347,000 from
local funds, $881,589,000 from Federal funds, and $16,718,000 from
other funds): Provided, That $25,836,000 of this appropriation, to
remain available until expended, shall be available solely for District
of Columbia employees' disability compensation: Provided further, That
the District of Columbia shall not provide free government services
such as water, sewer, solid waste disposal or collection, utilities,
maintenance, repairs, or similar services to any legally constituted
private nonprofit organization, as defined in section 411(5) of the
Stewart B. McKinney Homeless Assistance Act (101 Stat. 485; Public Law
100-77; 42 U.S.C. 11371), providing emergency shelter services in the
District, if the District would not be qualified to receive
reimbursement pursuant to such Act (101 Stat. 485; Public Law 100-77;
42 U.S.C. 11301 et seq.): Provided further, That $1,250,000 shall be
paid to the Doe Fund for the operation of its Ready, Willing, and Able
Program in the District of Columbia as follows: $250,000 to cover debt
owed by the District of Columbia government for services rendered shall
be paid to the Doe Fund within 15 days of the enactment of this Act;
and $1,000,000 shall be paid in equal monthly installments by the 15th
day of each month: Provided further, That $400,000 shall be available
for the administrative costs associated with implementation of the Drug
Treatment Choice Program established pursuant to section 4 of the
Choice in Drug Treatment Act of 2000, signed by the Mayor on April 20,
2000 (D.C. Act 13-329): Provided further, That $7,000,000 shall be
available for deposit in the Addiction Recovery Fund established
pursuant to section 5 of the Choice in Drug Treatment Act of 2000,
signed by the Mayor on April 20, 2000 (D.C. Act 13-329): Provided
further, That the District of Columbia is authorized to enter into a
long-term lease of Hamilton Field with Gonzaga College High School and
that, in exchange for such a lease, Gonzaga will introduce and
implement a youth baseball program focused on 13 to 18 year old
residents, said program to include summer and fall baseball programs
and baseball clinics: Provided further, That notwithstanding any other
provision of law, to augment the District of Columbia subsidy for the
District of Columbia Health and Hospitals Public Benefit Corporation,
the District of Columbia may transfer from other non-Federal funds
appropriated under this Act to the Human Support Services appropriation
under this Act an amount not to exceed $90,000,000 for the purpose of
restructuring the delivery of health services in the District of
Columbia: Provided further, That such restructuring shall be pursuant
to a restructuring plan approved by the Mayor of the District of
Columbia, the Council of the District of Columbia, the District of
Columbia Financial Responsibility and Management Assistance Authority,
and the Board of Directors of the Public Benefit Corporation: Provided
further, That--
(1) the restructuring plan reduces personnel levels of D.C.
General Hospital and of the Public Benefit Corporation
consistent with the reduction in force set forth in the August
25, 2000, resolution of the Board of Directors of the Public
Benefit Corporation regarding personnel structure, by reducing
personnel by at least 500 full-time equivalent employees,
without replacement by contract personnel;
(2) no transferred funds are expended until 10 calendar
days after the restructuring plan has received final approval
and a copy evidencing final approval has been submitted by the
Mayor to the Committee on Government Reform of the House of
Representatives, the Committee on Governmental Affairs of the
Senate, and the Committees on Appropriations of the House of
Representatives and the Senate; and
(3) the plan includes a certification that the plan does
not request and does not rely upon any current or future
request for additional appropriation of Federal funds.
Public Works
Public works, including rental of one passenger-carrying vehicle
for use by the Mayor and three passenger-carrying vehicles for use by
the Council of the District of Columbia and leasing of passenger-
carrying vehicles, $278,242,000 (including $265,078,000 from local
funds, $3,328,000 from Federal funds, and $9,836,000 from other funds):
Provided, That this appropriation shall not be available for collecting
ashes or miscellaneous refuse from hotels and places of business:
Provided further, That $100,000 shall be available for a commercial
sector recycling initiative, $250,000 to initiate a recycling education
campaign, $10,000 for community clean-up kits, $190,000 to restore a
3.5 percent vacancy rate in Parking Services, $170,000 to plant 500
trees, $118,000 for two water trucks, $150,000 for contract monitors
and parking analysts within Parking Services, $1,409,000 for a
neighborhood cleanup initiative, $1,000,000 for tree maintenance,
$600,000 for an anti-graffiti program, $226,000 for a hazardous waste
program, $1,260,000 for parking control aides, and $400,000 for the
Department of Motor Vehicles to hire additional ticket adjudicators,
conduct additional hearings, and reduce the waiting time for hearings.
Receivership Programs
For all agencies of the District of Columbia government under court
ordered receivership, $389,528,000 (including $234,913,000 from local
funds, $135,555,000 from Federal funds, and $19,060,000 from other
funds).
Reserve
For replacement of funds expended, if any, during fiscal year 2000
from the Reserve established by section 202(j) of the District of
Columbia Financial Responsibility and Management Assistance Act of
1995, Public Law 104-8, $150,000,000 from local funds: Provided, That
none of these funds shall be obligated or expended under this heading
until the emergency reserve fund established under this Act has been
fully funded for fiscal year 2001 pursuant to section 450A of the
District of Columbia Home Rule Act as set forth herein.
Emergency Reserve Fund
For the emergency reserve fund established under section 450A(a) of
the District of Columbia Home Rule Act, the amount provided for fiscal
year 2001 under such section, to be derived from local funds.
Repayment of Loans and Interest
For payment of principal, interest and certain fees directly
resulting from borrowing by the District of Columbia to fund District
of Columbia capital projects as authorized by sections 462, 475, and
490 of the District of Columbia Home Rule Act, approved December 24,
1973, $243,238,000 from local funds: Provided, That any funds set aside
pursuant to section 148 of the District of Columbia Appropriations Act,
2000 (Public Law 106-113; 113 Stat. 1523) that are not used in the
reserve funds established herein shall be used for Pay-As-You-Go
Capital Funds: Provided further, That for equipment leases, the Mayor
may finance $19,232,000 of equipment cost, plus cost of issuance not to
exceed 2 percent of the par amount being financed on a lease purchase
basis with a maturity not to exceed 5 years: Provided further, That
$2,000,000 is allocated to the Metropolitan Police Department,
$4,300,000 for the Fire and Emergency Medical Services Department,
$1,622,000 for the Public Library, $2,010,000 for the Department of
Parks and Recreation, $7,500,000 for the Department of Public Works,
and $1,800,000 for the Public Benefit Corporation.
Repayment of General Fund Recovery Debt
For the purpose of eliminating the $331,589,000 general fund
accumulated deficit as of September 30, 1990, $39,300,000 from local
funds, as authorized by section 461(a) of the District of Columbia Home
Rule Act, (105 Stat. 540; D.C. Code, sec. 47-321(a)(1)).
Payment of Interest on Short-Term Borrowing
For payment of interest on short-term borrowing, $1,140,000 from
local funds.
Presidential Inauguration
For reimbursement for necessary expenses incurred in connection
with Presidential inauguration activities as authorized by section
737(b) of the District of Columbia Home Rule Act, Public Law 93-198, as
amended, approved December 24, 1973 (87 Stat. 824; D.C. Code, sec. 1-
1803), $5,961,000 from local funds, previously appropriated in this Act
as a Federal payment, which shall be apportioned by the Chief Financial
Officer within the various appropriation headings in this Act.
Certificates of Participation
For lease payments in accordance with the Certificates of
Participation involving the land site underlying the building located
at One Judiciary Square, $7,950,000 from local funds.
Wilson Building
For expenses associated with the John A. Wilson Building,
$8,409,000 from local funds.
Optical and Dental Insurance Payments
For optical and dental insurance payments, $2,675,000 from local
funds.
Management Supervisory Service
For management supervisory service, $13,200,000 from local funds,
to be transferred by the Mayor of the District of Columbia among the
various appropriation headings in this Act for which employees are
properly payable.
Tobacco Settlement Trust Fund Transfer Payment
Subject to the issuance of bonds to pay the purchase price of the
District of Columbia's right, title and interest in and to the Master
Settlement Agreement, and consistent with the Tobacco Settlement
Financing and Trust Fund Amendment Act of 2000, there is transferred
the amount available pursuant thereto, but not to exceed $61,406,000,
to the Tobacco Settlement Trust Fund established pursuant to section
2302 of the Tobacco Settlement Trust Fund Establishment Act of 1999,
effective October 20, 1999 (D.C. Law 13-38; to be codified at D.C.
Code, sec. 6-135), to be spent pursuant to local law.
Operational Improvements Savings (Including Managed Competition)
The Mayor and the Council, in consultation with the Chief Financial
Officer and the District of Columbia Financial Responsibility and
Management Assistance Authority, shall make reductions of $10,000,000
for operational improvements savings in local funds to one or more of
the appropriation headings in this Act.
Management Reform Savings
The Mayor and the Council, in consultation with the Chief Financial
Officer and the District of Columbia Financial Responsibility and
Management Assistance Authority, shall make reductions of $37,000,000
for management reform savings in local funds to one or more of the
appropriation headings in this Act.
Cafeteria Plan Savings
For the implementation of a Cafeteria Plan pursuant to Federal law,
a reduction of $5,000,000 in local funds.
ENTERPRISE AND OTHER FUNDS
Water and Sewer Authority and the Washington Aqueduct
For operation of the Water and Sewer Authority and the Washington
Aqueduct, $275,705,000 from other funds (including $230,614,000 for the
Water and Sewer Authority and $45,091,000 for the Washington Aqueduct)
of which $41,503,000 shall be apportioned and payable to the District's
debt service fund for repayment of loans and interest incurred for
capital improvement projects.
For construction projects, $140,725,000, as authorized by the Act
entitled ``An Act authorizing the laying of watermains and service
sewers in the District of Columbia, the levying of assessments
therefor, and for other purposes'' (33 Stat. 244; Public Law 58-140;
D.C. Code, sec. 43-1512 et seq.): Provided, That the requirements and
restrictions 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 Appropriation Act for the fiscal year
ending September 30, 1982 (95 Stat. 1174, 1175; Public Law 97-91), for
the purpose of implementing the Law to Legalize Lotteries, Daily
Numbers 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 District's own locally generated revenues: Provided
further, That no revenues from Federal sources shall be used to support
the operations or activities of the Lottery and Charitable 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 forthcoming fiscal year as required by section 442(b) of
the District 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
(including transfer of funds)
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
appropriated amounts and no amounts from or guaranteed by the District
of Columbia government (including the District of Columbia Financial
Responsibility and Management Assistance Authority) may be made
available to the Corporation (through reprogramming, transfers, loans,
or any other mechanism) which are not otherwise provided for under this
heading until a restructuring plan for D.C. General Hospital has been
approved by the Mayor of the District of Columbia, the Council of the
District of Columbia, the Authority, the Chief Financial Officer of the
District of Columbia, and the Chair of the Board of Directors of the
Corporation: Provided further, That for each payment or group of
payments made by or on behalf of the Corporation, the Chief Financial
Officer of the District of Columbia shall sign an affidavit certifying
that the making of the payment 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: Provided further, That more than
one payment may be covered by the same affidavit under the previous
proviso, but a single affidavit may not cover more than one week's
worth of payments: Provided further, That it shall be unlawful for any
person to order any other person to sign any affidavit required under
this heading, or for any person to provide any signature required under
this heading on such an affidavit by proxy or by machine, computer, or
other facsimile device.
District of Columbia Retirement Board
For the District of Columbia Retirement Board, established 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
Retirement Board: Provided, That the District of Columbia Retirement
Board shall provide to the Congress and to the Council of the District
of Columbia a quarterly report of the allocations of charges by fund
and of expenditures of all funds: Provided further, That the District
of Columbia Retirement Board shall provide the Mayor, for transmittal
to the Council of the District of Columbia, an itemized accounting of
the planned use of appropriated funds in time for each annual budget
submission and the actual use of such funds in time for each annual
audited financial report.
Correctional Industries Fund
For the Correctional Industries Fund, established by the District
of Columbia Correctional Industries Establishment 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 available
until expended: Provided, That funds for use of each capital project
implementing agency shall be managed and controlled in accordance with
all procedures and limitations established under the Financial
Management System: Provided further, That all funds provided by this
appropriation title shall be available only for the specific projects
and purposes intended: Provided further, That notwithstanding 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 authorizations for
projects as to which funds have been obligated in whole or in part
prior to September 30, 2002: Provided further, That upon expiration of
any such project authorization, 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 organizations
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.
Sec. 103. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of judgments that have been entered against the
District of Columbia government: Provided, That nothing contained in
this section shall be construed as modifying or affecting the
provisions of section 11(c)(3) of title XII of the District of Columbia
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. (a) Requiring Mayor to Maintain Index.--Effective with
respect to fiscal year 2001 and each succeeding fiscal year, the Mayor
of the District of Columbia shall maintain an index of all employment
personal services and consulting contracts in effect on behalf of the
District government, and shall include in the index specific
information on any severance clause in effect under any such contract.
(b) Public Inspection.--The index maintained under subsection (a)
shall be kept available for public inspection during regular business
hours.
(c) Contracts Exempted.--Subsection (a) shall not apply with
respect to any collective bargaining agreement or any contract entered
into pursuant to such a collective bargaining agreement.
(d) District Government Defined.--In this section, the term
``District government'' means the government of the District of
Columbia, including--
(1) any department, agency or instrumentality of the
government of the District of Columbia;
(2) any independent agency of the District of Columbia
established under part F of title IV of the District of
Columbia Home Rule Act or any other agency, board, or
commission established by the Mayor or the Council;
(3) the Council of the District of Columbia;
(4) any other agency, public authority, or public benefit
corporation which has the authority to receive monies directly
or indirectly from the District of Columbia (other than monies
received from the sale of goods, the provision of services, or
the loaning of funds to the District of Columbia); and
(5) the District of Columbia Financial Responsibility and
Management Assistance Authority.
(e) No payment shall be made pursuant to any such contract subject
to subsection (a), nor any severance payment made under such contract,
if a copy of the contract has not been filed in the index. Interested
parties may file copies of their contract or severance agreement in the
index on their own behalf.
Sec. 105. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 106. No funds appropriated in this Act for the District of
Columbia government for the operation of educational institutions, the
compensation of personnel, or for other educational purposes may be
used to permit, encourage, facilitate, or further partisan political
activities. Nothing herein is intended to prohibit the availability of
school buildings for the use of any community or partisan political
group during non-school hours.
Sec. 107. 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
Committees on Appropriations, the House Committee on Government Reform,
the Senate Committee on Governmental Affairs, and the Council of the
District of Columbia, or their duly authorized representative.
Sec. 108. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary 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. 109. 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. 110. 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 reasonable 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
compared with projections.
Sec. 111. (a) 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 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 of funds which: (1) creates new
programs; (2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied, limited 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
reprogramming; (6) augments existing programs, projects, or
responsibility centers through a reprogramming of funds in excess of
$1,000,000 or 10 percent, whichever is less; or (7) increases by 20
percent or more personnel assigned to a specific program, project or
responsibility center; unless the Committees on Appropriations of both
the Senate and House of Representatives are notified in writing 30 days
in advance of any reprogramming as set forth in this section.
(b) None of the local funds contained in this Act may be available
for obligation or expenditure for an agency through a reprogramming of
funds which transfers any local funds from one appropriation to another
unless the Committees on Appropriations of the Senate and House of
Representatives are notified in writing 30 days in advance of the
transfer, except that in no event may the amount of any funds
transferred exceed two percent of the local funds in the appropriation.
Sec. 112. Consistent with the provisions of 31 U.S.C. 1301(a),
appropriations under this Act shall be applied only to the objects for
which the appropriations were made except as otherwise provided by law.
Sec. 113. 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. 114. 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 request for the fiscal year ending September 30, 2002. The
officially revised estimates at midyear shall be used for the midyear
report.
Sec. 115. No sole source contract with the District of Columbia
government or any agency thereof may be renewed or extended without
opening that contract to the 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 determination 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
Responsibility and Management Assistance Authority.
Sec. 116. For purposes of the Balanced Budget and Emergency Deficit
Control Act of 1985 (99 Stat. 1037; Public Law 99-177), the term
``program, project, and activity'' shall be synonymous with and refer
specifically to each account 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: Provided, 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. 117. 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), 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 Treasury, 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 appropriation accounts in this Act that are not
specifically exempted from sequestration by such Act.
Sec. 118. Acceptance and Use of Gifts. (a) Approval by Mayor.--
(1) In general.--An entity of the District of Columbia
government may accept and use a gift or donation during fiscal
year 2001 if--
(A) the Mayor approves the acceptance and use of
the gift or donation (except as provided in paragraph
(2)); and
(B) the entity uses the gift or donation to carry
out its authorized functions or duties.
(2) Exception for council and courts.--The Council of the
District of Columbia and the District of Columbia courts may
accept and use gifts without prior approval by the Mayor.
(b) Records and Public Inspection.--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), and
shall make such records available for audit and public inspection.
(c) Independent Agencies Included.--For the purposes of this
section, the term ``entity of the District of Columbia government''
includes an independent agency of the District of Columbia.
(d) Exception for Board of Education.--This section shall not apply
to the District of Columbia 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. 119. 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 offices of United States Senator or
United States Representative under section 4(d) of the District of
Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Code, sec. 1-113(d)).
Sec. 120. (a) Modification of Contracting Requirements.--
(1) Contracts subject to notice requirements.--Section
2204(c)(1)(A) of the District of Columbia School Reform Act
(sec. 31-2853.14(c)(1)(A), D.C. Code) is amended to read as
follows:
``(A) Notice requirement for procurement
contracts.--
``(i) In general.--Except in the case of an
emergency (as determined by the eligible
chartering authority of a public charter
school), with respect to any procurement
contract proposed to be awarded by the public
charter school and having a value equal to or
exceeding $25,000, the school shall publish a
notice of a request for proposals in the
District of Columbia Register and newspapers of
general circulation not less than 7 days prior
to the award of the contract.
``(ii) Exception for certain contracts.--
The notice requirement of clause (i) shall not
apply with respect to any contract for the
lease or purchase of real property by a public
charter school, any employment contract for a
staff member of a public charter school, or any
management contract entered into by a public
charter school and the management company
designated in its charter or its petition for a
revised charter.''.
(2) Submission of contracts to eligible chartering
authority.--Section 2204(c)(1)(B) of such Act (sec. 31-
2853.14(c)(1)(B), D.C. Code) is amended--
(A) in the heading, by striking ``authority'' and
inserting ``eligible chartering authority'';
(B) in clause (i), by striking ``Authority'' and
inserting ``eligible chartering authority''; and
(C) by amending clause (ii) to read as follows:
``(ii) Effective date of contract.--A
contract described in subparagraph (A) shall
become effective on the date that is 10 days
after the date the school makes the submission
under clause (i) with respect to the contract,
or the effective date specified in the
contract, whichever is later.''.
(b) Clarification of Application of School Reform Act.--
(1) Waiver of duplicate and conflicting provisions.--
Section 2210 of such Act (sec. 31-2853.20, D.C. Code) is
amended by adding at the end the following new subsection:
``(d) Waiver of Application of Duplicate and Conflicting
Provisions.--Notwithstanding any other provision of law, and except as
otherwise provided in this title, no provision of any law regarding the
establishment, administration, or operation of public charter schools
in the District of Columbia shall apply with respect to a public
charter school or an eligible chartering authority to the extent that
the provision duplicates or is inconsistent with any provision of this
title.''.
(2) Effective date.--The amendments made by this subsection
shall take effect as if included in the enactment of the
District of Columbia School Reform Act of 1995.
(c) Licensing Requirements for Preschool or Prekindergarten
Programs.--
(1) In general.--Section 2204(c) of such Act (sec. 31-
2853.14(c), D.C. Code) is amended by adding at the end the
following new paragraph:
``(18) Licensing as child development center.--A public
charter school which offers a preschool or prekindergarten
program shall be subject to the same child care licensing
requirements (if any) which apply to a District of Columbia
public school which offers such a program.''.
(2) Conforming amendments.--(A) Section 2202 of such Act
(sec. 31-2853.12, D.C. Code) is amended by striking clause
(17).
(B) Section 2203(h)(2) of such Act (sec. 31-2853.13(h)(2),
D.C. Code) is amended by striking ``(17),''.
(d) Section 2403 of the District of Columbia School Reform Act of
1995 (sec. 31-2853.43, D.C. Code) is amended by adding at the end the
following new subsection:
``(c) Assignment of Payments.--A public charter school may assign
any payments made to the school under this section to a financial
institution for use as collateral to secure a loan or for the repayment
of a loan.''.
(e) Section 2210 of the District of Columbia School Reform Act of
1995 (sec. 31-2853.20, D.C. Code), as amended by subsection (b), is
further amended by adding at the end the following new subsection:
``(e) Participation in GSA Programs.--
``(1) In general.--Notwithstanding any provision of this
Act or any other provision of law, a public charter school may
acquire goods and services through the General Services
Administration and may participate in programs of the
Administration in the same manner and to the same extent as any
entity of the District of Columbia government.
``(2) Participation by certain organizations.--A public
charter school may delegate to a nonprofit, tax-exempt
organization in the District of Columbia the public charter
school's authority under paragraph (1).''.
Sec. 121. Reporting Requirements for the District of Columbia
Public Schools and the University of the District of Columbia. (a) The
Superintendent of the District of Columbia Public Schools (DCPS) and
the University of the District of Columbia (UDC) shall each submit to
the Committees on Appropriations of the House of Representatives and
Senate, the Committee on Government Reform of the House of
Representatives, and the Committee on Governmental Affairs of the
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 broken out on the basis
of control center, responsibility center, and object class, and
for all funds, non-appropriated 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, responsibility 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, extensions, renewals; and
specific modifications made to each contract in the last month;
(4) all reprogramming requests and reports that are
required to be, and have been, submitted to the Board of
Education;
(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 organizational
structure of DCPS and UDC, displaying for each entity previous
and current control centers and responsibility centers, the
names of the organizational 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 annually compile an
accurate and verifiable report on the positions 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;
(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 accuracy in accordance with the
functions that each employee actually performs, by control
center, responsibility center, agency reporting code, program
(including 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 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 maximum 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, heterosexual, or lesbian),
including 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 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
Representatives 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 calendar 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, 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 expended by the Authority for the quarter. The report
shall include information on the date, amount, purpose, and vendor
name, and a description of the services or goods provided with respect
to the expenditures 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 maintenance 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 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 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 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 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 or employee attributable to the time
spent in providing such services) 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.--Section 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 government
(including any independent agency of the District but excluding the
District of Columbia Financial Responsibility and Management Assistance
Authority, the Metropolitan Police Department, 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 products.--In
the case of any equipment or product that may be authorized to
be purchased with financial assistance provided using funds
made available in this Act, it is the sense of the Congress
that entities receiving the assistance should, in expending the
assistance, purchase only American-made equipment and products
to the greatest extent practicable.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act,
the head of each agency of the Federal or District of Columbia
government shall provide to each recipient of the assistance a
notice describing 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 agency 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 subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.
Sec. 132. 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 Assistance Authority) for fiscal year 2001 unless--
(1) the audit is conducted by the Inspector General of the
District of Columbia pursuant to section 208(a)(4) of the
District of Columbia Procurement 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 appropriations enacted into law for such
year.
Sec. 133. 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 representation in Congress for the District of
Columbia.
Sec. 134. None of the funds contained in this Act may be used to
transfer or confine inmates classified above the medium security level,
as defined by the Federal Bureau of Prisons classification instrument,
to the Northeast Ohio Correctional Center located in Youngstown, Ohio.
Sec. 135. Subsection 3(e) of Public Law 104-21 (D.C. Code sec. 7-
134.2(e)) is amended to read as follows:
``(e) Inspector General Audit.--Not later than February 1, 2001,
and each February 1 thereafter, the Inspector General of the District
of Columbia shall audit the financial statements of the District of
Columbia Highway Trust Fund for the preceding fiscal year and shall
submit to Congress a report on the results of such audit. Not later
than May 31, 2001, and each May 31 thereafter, the Inspector General
shall examine the statements forecasting the conditions and operations
of the Trust Fund for the next five fiscal years commencing on the
previous October 1 and shall submit to Congress a report on the results
of such examination.''.
Sec. 136. 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 Columbia Financial Responsibility and Management Assistance
Authority a revised appropriated funds operating budget in the format
of the budget that the District of Columbia 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 realigns all
budgeted data for personal services and other-than-personal-services,
respectively, with anticipated actual expenditures.
Sec. 137. (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. 138. (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 government (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 inspection.
(b) Additional Restrictions on Current Leases.--
(1) In general.--Upon the expiration of the 60-day period
that begins on the date of the enactment 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 government as of
the end of the reporting period involved.
(C) If the property is not occupied and utilized by
the District government as of the end of the reporting
period involved, a plan for occupying and utilizing the
property (including construction or renovation work) or
a status statement regarding any efforts by the
District to terminate 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. 139. (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
such a lease) for the use of real property by the District of Columbia
government (including any independent agency 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 property for the use of the District of Columbia (including
any independent agency of the District) unless the following conditions
are met:
(1) The Mayor and Council of the District of Columbia
certify to the Committees on Appropriations of the House of
Representatives and Senate that existing 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 property 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 members of the Council override the
Mayor's determination during the 30-day period which begins on
the date the determination is published.
(3) The Mayor and Council implement a program for the
periodic survey of all District property to determine if it is
surplus to the needs of the District.
(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 Government 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 implementation 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 government 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 legislation.
Sec. 140. None of the funds contained 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 (including the
District of Columbia Financial Responsibility 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 understands the duties and
restrictions applicable to the officer and the officer's agency as a
result of this Act (and the amendments made by this Act), including any
duty to prepare a report requested either in the Act or in any of the
reports accompanying the Act and the deadline by which each report must
be submitted, and the District's Chief Financial Officer shall provide
to the Committees on Appropriations of the Senate and the House of
Representatives by the 10th day after the end of each quarter a summary
list showing each report, the due date and the date submitted to the
Committees.
Sec. 141. 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 potential adjustments that might become
necessary in the event that the operational improvements savings,
including managed competition, and management reform 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. 142. In submitting any document showing the budget for an
office of the District of Columbia government (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. 143. (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 associated with the possession, use, or
distribution of any schedule I substance under the Controlled
Substances Act (21 U.S.C. 802) or any tetrahydrocannabinols derivative.
(b) The Legalization of Marijuana for Medical Treatment Initiative
of 1998, also known as Initiative 59, approved by the electors of the
District of Columbia on November 3, 1998, shall not take effect.
Sec. 144. Notwithstanding any other provision of law, the Mayor of
the District of Columbia is hereby solely authorized to allocate the
District's limitation amount of qualified zone academy bonds
(established pursuant to 26 U.S.C. 1397E) among qualified zone
academies within the District.
Sec. 145. (a) Section 11232 of the Balanced Budget Act of 1997
(sec. 24-1232, D.C. Code) is amended--
(1) by redesignating subsections (f) through (i) as
subsections (g) through (j); and
(2) by inserting after subsection (e) the following 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 Government solely for purposes of the
following provisions of title 5, United States Code:
``(A) Chapter 83 (relating to retirement).
``(B) Chapter 84 (relating to the Federal
Employees' Retirement System).
``(C) Chapter 87 (relating to life insurance).
``(D) Chapter 89 (relating to health insurance).
``(2) Effective dates of coverage.--The effective dates of
coverage of the provisions of paragraph (1) are as follows:
``(A) In the case of the Trustee and employees of
the Office of the Trustee and the Office of Adult
Probation, August 5, 1997, or the date of appointment,
whichever is later.
``(B) In the case of employees of the Office of
Parole, October 11, 1998, or the date of appointment,
whichever is later.
``(C) In the case of employees of the Pretrial
Services Agency, January 3, 1999, or the date of
appointment, whichever is later.
``(3) Rate of contributions.--The Trustee shall make
contributions under the provisions referred to in paragraph (1)
at the same rates applicable to agencies of the Federal
Government.
``(4) Regulations.--The Office of Personnel Management
shall issue such regulations as are necessary to carry out this
subsection.''.
(b) The amendment made by subsection (a) shall take effect as if
included in the enactment of title XI of the Balanced Budget Act of
1997.
Sec. 146. It is the sense of the Congress that the District of
Columbia Financial Responsibility and Management Assistance Authority
should quickly complete the sale of the Franklin School property, a
property which has been vacant for over 20 years.
Sec. 147. Nothing in this Act may be construed to prevent the
Council or Mayor of the District of Columbia from addressing the issue
of the provision of contraceptive coverage by health insurance plans,
but it is the intent of Congress that any legislation enacted on such
issue should include a ``conscience clause'' which provides exceptions
for religious beliefs and moral convictions.
Sec. 148. (a) Chapter 23 of title 11, District of Columbia, is
hereby repealed.
(b) The table of chapters for title 11, District of Columbia, is
amended by striking the item relating to chapter 23.
(c) The amendments made by this section shall take effect on the
date on which legislation enacted by the Council of the District of
Columbia to establish the Office of the Chief Medical Examiner in the
executive branch of the government of the District of Columbia takes
effect.
prompt payment of appointed counsel
Sec. 149. (a) Assessment of Interest for Delayed 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, D.C. Code (relating to representation provided under
the District of Columbia Criminal Justice Act);
(2) a payment for counsel appointed in proceedings in the
Family Division of the Superior Court of the District of
Columbia under chapter 23 of title 16, D.C. Code; or
(3) a payment for counsel authorized under section 21-2060,
D.C. Code (relating to representation provided under the
District of Columbia Guardianship, Protective Proceedings, and
Durable Power of Attorney Act of 1986).
(c) Standards for Submission of Completed Vouchers.--The chief
judges of the Superior Court of the District of Columbia and the
District of Columbia Court of Appeals shall establish 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 available to attorneys who
practice before such Courts.
(d) Rule of Construction.--Nothing in this section shall be
construed to require the assessment of interest against any claim (or
portion of any claim) which is denied by the Court involved.
(e) Effective Date.--This section shall apply with respect to
claims received by the Superior Court of the District of Columbia or
the District of Columbia Court of Appeals after the expiration of the
90-day period which begins on the date of the enactment of this Act.
Sec. 150. (a) Effective 120 days after the date of the enactment of
this Act, it shall be unlawful for any person to distribute any needle
or syringe for the hypodermic injection of any illegal drug in any area
of the District of Columbia which is within 1000 feet of a public or
private elementary or secondary school (including a public charter
school). It is stipulated that based on a survey by the Metropolitan
Police Department of the District of Columbia that sites at 4th Street
Northeast and Rhode Island Avenue Northeast, Southern Avenue Southeast
and Central Avenue Southeast, 1st Street Southeast and M Street
Southeast, 21st Street Northeast and H Street Northeast, Minnesota
Avenue Northeast and Clay Place Northeast, and 15th Street Southeast
and Ives Street Southeast are outside the 1000-foot perimeter. Sites at
North Capitol Street and New York Avenue Northeast, Division Avenue
Northeast and Foote Street Northeast, Georgia Avenue Northwest and New
Hampshire Avenue Northwest, and 15th Street Northeast and A Street
Northeast are found to be within the 1000-foot perimeter.
(b) The Public Housing Police of the District of Columbia Housing
Authority shall prepare a monthly report on activity involving illegal
drugs at or near any public housing site where a needle exchange
program is conducted, and shall submit such reports to the Executive
Director of the District of Columbia Housing Authority, who shall
submit them to the Committees on Appropriations of the House of
Representatives and Senate. The Executive Director shall ascertain any
concerns of the residents of any public housing site about any needle
exchange program conducted on or near the site, and this information
shall be included in these reports. The District of Columbia Government
shall take appropriate action to require relocation of any such program
if so recommended by the police or by a significant number of residents
of such site.
federal contribution for enforcement of law banning possession of
tobacco products by minors
Sec. 151. (a) Contribution.--There is hereby appropriated a Federal
contribution of $100,000 to the Metropolitan Police Department of the
District of Columbia, effective upon the enactment by the District of
Columbia of a law which reads as follows:
``SECTION 1. BAN ON POSSESSION OF TOBACCO PRODUCTS BY MINORS.
``(a) In General.--It shall be unlawful for any individual under 18
years of age to possess any cigarette or other tobacco product in the
District of Columbia.
``(b) Exceptions.--
``(1) Possession in course of employment.--Subsection (a)
shall not apply with respect to an individual making a delivery
of cigarettes or tobacco products in pursuance of employment.
``(2) Participation in law enforcement operation.--
Subsection (a) shall not apply with respect to an individual
possessing products in the course of a valid, supervised law
enforcement operation.
``(c) Penalties.--Any individual who violates subsection (a) shall
be subject to the following penalties:
``(1) For any violation, the individual may be required to
perform community service or attend a tobacco cessation
program.
``(2) Upon the first violation, the individual shall be
subject to a civil penalty not to exceed $50.
``(3) Upon the second and each subsequent violation, the
individual shall be subject to a civil penalty not to exceed
$100.
``(4) Upon the third and each subsequent violation, the
individual may have his or her driving privileges in the
District of Columbia suspended for a period of 90 consecutive
days.''.
(b) Use of Contribution.--The Metropolitan Police Department shall
use the contribution made under subsection (a) to enforce the law
referred to in such subsection.
Sec. 152. Nothing in this Act bars the District of Columbia
Corporation Counsel from reviewing or commenting on briefs in private
lawsuits, or from consulting with officials of the District government
regarding such lawsuits.
Sec. 153. (a) Nothing in the Federal Grant and Cooperative
Agreements Act of 1977 (31 U.S.C. 6301 et seq.) may be construed to
prohibit the Administrator of the Environmental Protection Agency from
negotiating and entering into cooperative agreements and grants
authorized by law which affect real property of the Federal Government
in the District of Columbia if the principal purpose of the cooperative
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. 154. (a) In General.--The District of Columbia Home Rule Act,
as amended by section 159(a) of this Act, is further amended by
inserting after section 450A the following new section:
``comprehensive financial management policy
``Sec. 450B. (a) Comprehensive Financial Management Policy.--The
District of Columbia shall conduct its financial management in
accordance with a comprehensive financial management policy.
``(b) Contents of Policy.--The comprehensive financial management
policy shall include, but not be limited to, the following:
``(1) A cash management policy.
``(2) A debt management policy.
``(3) A financial asset management policy.
``(4) An emergency reserve management policy in accordance
with section 450A(a).
``(5) A contingency reserve management policy in accordance
with section 450A(b).
``(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 fiscal year by the Chief Financial
Officer who shall--
``(1) not later than July 1 of each year, submit any
proposed changes in the policy to the Mayor and (in the case of
a fiscal year which is a control year, as defined in section
305(4) of the District of Columbia Financial Responsibility and
Management Assistance Act of 1995) the District of Columbia
Financial Responsibility and Management Assistance Authority
(Authority) for review;
``(2) not later than August 1 of each year, after
consideration of any comments received under paragraph (1),
submit the changes to the Council of the District of Columbia
(Council) for approval; and
``(3) not later than September 1 of each year, notify the
Committees on Appropriations of the Senate and House of
Representatives, the Committee on Government Reform of the
House of Representatives, and the Committee on Governmental
Affairs of the Senate of any changes enacted by the Council.
``(d) Procedure for Development of First Comprehensive Financial
Management Policy.--
``(1) Chief Financial Officer.--Not later than April 1,
2001, the Chief Financial Officer shall submit to the Mayor an
initial proposed comprehensive financial management policy for
the District of Columbia pursuant to this section.
``(2) Council.--Following review and comment by the Mayor,
not later than May 1, 2001, the Chief Financial Officer shall
submit the proposed financial management policy to the Council
for its prompt review and adoption.
``(3) Authority.--Upon adoption of the financial management
policy under paragraph (2), the Council shall immediately
submit the policy to the Authority for a review of not to
exceed 30 days.
``(4) Congress.--Following review of the financial
management policy by the Authority under paragraph (3), the
Authority shall submit the policy to the Committees on
Appropriations of the Senate and House of Representatives, the
Committee on Government Reform of the House of Representatives,
and the Committee on Governmental Affairs of the Senate for
review, and the policy shall take effect 30 days after the date
the policy is submitted under this paragraph.''.
(b) Clerical Amendment.--The table of contents for the District of
Columbia Home Rule Act is amended by inserting after the item relating
to section 450A the following new item:
``Sec. 450B. Comprehensive financial management policy.''.
(c) Effective Date.--This section and the amendments made by this
section shall take effect on October 1, 2000.
appointment and duties of chief financial officer
Sec. 155. (a) Appointment and Dismissal.--Section 424(b) of the
District of Columbia Home Rule Act (sec. 47-317.2, D.C. Code) is
amended--
(1) in paragraph (1)(B), by adding at the end the
following: ``Upon confirmation by the Council, the name of the
Chief Financial Officer shall be submitted to the Committees on
Appropriations of the Senate and House of Representatives, the
Committee on Governmental Affairs of the Senate, and the
Committee on Government Reform of the House of Representatives
for a 30-day period of review and comment before the
appointment takes effect.''; and
(2) in paragraph (2)(B), by striking the period at the end
and inserting the following: ``upon dismissal by the Mayor and
approval of that dismissal by a \2/3\ vote of the Council. Upon
approval of the dismissal by the Council, notice of the
dismissal shall be submitted to the Committees on
Appropriations of the Senate and House of Representatives, the
Committee on Governmental Affairs of the Senate, and the
Committee on Government Reform of the House of Representatives
for a 30-day period of review and comment before the dismissal
takes effect.''.
(b) Functions.--
(1) In general.--Section 424(c) of such Act (sec. 47-317.3,
D.C. Code) is amended--
(A) in the heading, by striking ``During a Control
Year'';
(B) in the matter preceding paragraph (1), by
striking ``During a control year, the Chief Financial
Officer'' and inserting ``The Chief Financial
Officer'';
(C) in paragraph (1), by striking ``Preparing'' and
inserting ``During a control year, preparing'';
(D) in paragraph (3), by striking ``Assuring'' and
inserting ``During a control year, assuring'';
(E) in paragraph (5), by striking ``With the
approval'' and all that follows through ``the Council--
'' and inserting ``Preparing and submitting to the
Mayor and the Council, with the approval of the
Authority during a control year--'';
(F) in paragraph (11), by striking ``or the
Authority'' and inserting ``(or by the Authority during
a control year)''; and
(G) by adding at the end the following new
paragraphs:
``(18) Exercising responsibility for the administration and
supervision of the District of Columbia Treasurer (except that
the Chief Financial Officer may delegate any portion of such
responsibility as the Chief Financial Officer considers
appropriate and consistent with efficiency).
``(19) Administering all borrowing programs of the District
government for the issuance of long-term and short-term
indebtedness.
``(20) Administering the cash management program of the
District government, including the investment of surplus funds
in governmental and non-governmental interest-bearing
securities and accounts.
``(21) Administering the centralized District government
payroll and retirement systems.
``(22) Governing the accounting policies and systems
applicable to the District government.
``(23) Preparing appropriate annual, quarterly, and monthly
financial reports of the accounting and financial operations of
the District government.
``(24) Not later than 120 days after the end of each fiscal
year, preparing the complete financial statement and report on
the activities of the District government for such fiscal year,
for the use of the Mayor under section 448(a)(4).''.
(2) Conforming amendments.--Section 424 of such Act (sec.
47-317.1 et seq., D.C. Code) is amended--
(A) by striking subsection (d);
(B) in subsection (e)(2), by striking ``or
subsection (d)''; and
(C) by redesignating subsections (e) and (f) as
subsections (d) and (e), respectively.
Sec. 156. (a) Notwithstanding the provisions of the District of
Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C. Law
2-139; D.C. Code 1-601.1 et seq.), or any other District of Columbia
law, statute, regulation, the provisions of the District of Columbia
Personnel Manual, or the provisions of any collective bargaining
agreement, employees of the District of Columbia government will only
receive compensation for overtime work in excess of 40 hours per week
(or other applicable tour of duty) of work actually performed, in
accordance with the provisions of the Fair Labor Standards Act, 29
U.S.C. Sec. 201 et seq.
(b) Subsection (a) of this section shall be effective December
27, 1996. The Resolution and Order of the District of Columbia
Financial Responsibility and Management Assistance Authority, dated
December 27, 1996, is hereby ratified and approved and shall be given
full force and effect.
Sec. 157. (a) In General.--Notwithstanding section 503 of Public
Law 100-71 and as provided in subsection (b), the Court Services and
Offender Supervision Agency for the District of Columbia (in this
section referred to as the ``agency'') may implement and administer the
Drug Free Workplace Program of the agency, dated July 28, 2000, for
employment applicants of the agency.
(b) Effective Period.--The waiver provided by subsection (a)
shall--
(1) take effect on enactment; and
(2) terminate on the date the Department of Health and
Human Services approves the drug program of the agency pursuant
to section 503 of Public Law 100-71 or 12 months after the date
referred to in paragraph (1), whichever is later.
Sec. 158. Commencing October 1, 2000, the Mayor of the District of
Columbia shall submit to the Senate and House Committees on
Appropriations, the Senate Governmental Affairs Committee, and the
House Government Reform Committee quarterly reports addressing the
following issues: (1) crime, including the homicide rate,
implementation of community policing, the number of police officers on
local beats, and the closing down of open-air drug 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 provided
in consultation with the Court Services and Offender Supervision
Agency; (4) education, including access to special education services
and student achievement to be provided in consultation with the
District of Columbia Public Schools; (5) improvement in basic District
services, including rat control and abatement; (6) application for and
management of Federal grants, including the number and type of grants
for which the District was eligible but failed to apply and the number
and type of grants awarded to the District but which the District
failed to spend the amounts received; and (7) indicators of child well-
being.
reserve funds
Sec. 159. (a) Establishment of Reserve Funds.--
(1) In general.--The District of Columbia Home Rule Act is
amended by inserting after section 450 the following new
section:
``reserve funds
``Sec. 450A. (a) Emergency Reserve Fund.--
``(1) In general.--There is established an emergency cash
reserve fund (in this subsection referred to as the `emergency
reserve fund') as an interest-bearing account (separate from
other accounts in the General Fund) into which the Mayor shall
deposit in cash not later than February 15 of each fiscal year
(or not later than October 1, 2000, in the case of fiscal year
2001) such amount as may be required to maintain a balance in
the fund of at least 4 percent of the total budget appropriated
for operating expenditures for such fiscal year which is
derived from local funds (or, in the case of fiscal years prior
to fiscal year 2004, such amount as may be required to maintain
a balance in the fund of at least the minimum emergency reserve
balance for such fiscal year, as determined under paragraph
(2)).
``(2) Determination of minimum emergency reserve balance.--
``(A) In general.--The `minimum emergency reserve
balance' with respect to a fiscal year is the amount
equal to the applicable percentage of the total budget
appropriated for operating 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 emergency reserve
fund shall remain in the account and shall only be withdrawn in
accordance with paragraph (4).
``(4) Criteria for use of amounts in emergency reserve
fund.--The Chief Financial Officer, in consultation with the
Mayor, shall develop a policy to govern the emergency reserve
fund which shall include (but which may not be limited to) the
following requirements:
``(A) The emergency reserve fund may be used to
provide for unanticipated and nonrecurring
extraordinary needs of an emergency nature, including a
natural disaster or calamity as defined by section 102
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (Public Law 100-707) or unexpected
obligations by Federal law.
``(B) The emergency reserve fund may also be used
in the event of a State of Emergency as declared by the
Mayor pursuant to section 5 of the District of Columbia
Public Emergency Act of 1980 (sec. 6-1504, D.C. Code).
``(C) The emergency reserve fund may not be used to
fund--
``(i) any department, agency, or office of
the Government of the District of Columbia
which is administered by a receiver or other
official appointed by a court;
``(ii) shortfalls in any projected
reductions which are included in the budget
proposed by the District of Columbia for the
fiscal year; or
``(iii) settlements and judgments made by
or against the Government of the District of
Columbia.
``(5) Allocation of emergency cash reserve funds.--Funds
may be allocated from the emergency reserve fund only after--
``(A) an analysis has been prepared by the Chief
Financial Officer of the availability of other sources
of funding to carry out the purposes of the allocation
and the impact of such allocation on the balance and
integrity of the 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 projected by the
Chief Financial Officer to be exhausted at the time of
the allocation.
``(6) Notice.--The Mayor, the Council, and (in the case of
a fiscal year which is a control year, as defined in section
305(4) of the District of Columbia Financial Responsibility and
Management Assistance Act of 1995) the District of Columbia
Financial Responsibility and Management Assistance Authority
shall notify the Committees on Appropriations of the Senate and
House of Representatives in writing not more than 30 days after
the expenditure of funds from the emergency reserve fund.
``(7) Replenishment.--The District of Columbia shall
appropriate sufficient funds each fiscal year in the budget
process to replenish any amounts allocated from the emergency
reserve fund during the preceding fiscal year by the following
fiscal year. Once the emergency reserve equals 4 percent of
total budget appropriated from local funds for operating
expenditures for the fiscal year, the District of Columbia
shall appropriate sufficient funds each fiscal year in the
budget process to replenish any amounts allocated from the
emergency reserve fund during the preceding year to maintain a
balance of at least 4 percent of total funds appropriated from
local funds for operating expenditures by the following fiscal
year.
``(b) Contingency Reserve Fund.--
``(1) In general.--There is established a contingency cash
reserve fund (in this subsection referred to as the
`contingency reserve fund') as an interest-bearing account
(separate from other accounts in the General Fund) into which
the Mayor shall deposit in cash not later than October 1 of
each fiscal year (beginning with fiscal year 2005) such amount
as may be required to maintain a balance in the fund of at
least 3 percent of the total budget appropriated for operating
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 contingency reserve
balance' with respect to a fiscal year is the amount
equal to the applicable percentage of the total budget
appropriated from local funds for operating
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.
``(ii) For fiscal year 2006, 2 percent.
``(3) Interest.--Interest earned on the contingency reserve
fund shall remain in the account and may only be withdrawn in
accordance with paragraph (4).
``(4) Criteria for use of amounts in contingency reserve
fund.--The Chief Financial Officer, in consultation with the
Mayor, shall develop a policy governing the use of the
contingency reserve fund which shall include (but which may not
be limited to) the following requirements:
``(A) The contingency reserve fund may only be used
to provide for nonrecurring or unforeseen needs that
arise during the fiscal year, including expenses
associated with unforeseen weather or other natural
disasters, unexpected obligations created by Federal
law or new public safety or health needs or
requirements that have been identified after the budget
process has occurred, or opportunities to achieve cost
savings.
``(B) The contingency reserve fund may be used, if
needed, to cover revenue shortfalls experienced by the
District government for 3 consecutive months (based on
a 2 month rolling average) that are 5 percent or more
below the budget forecast.
``(C) The contingency reserve fund may not be used
to fund any shortfalls in any projected reductions
which are included in the budget proposed by the
District of Columbia for the fiscal year.
``(5) Allocation of contingency cash reserve.--Funds may be
allocated from the contingency reserve fund only after an
analysis has been prepared by the Chief Financial Officer of
the availability of other sources of funding to carry out the
purposes of the allocation and the impact of such allocation on
the balance and integrity of the contingency reserve fund.
``(6) Replenishment.--The District of Columbia shall
appropriate sufficient funds each fiscal year in the budget
process to replenish any amounts allocated from the contingency
reserve fund during the preceding fiscal year by the following
fiscal year. Once the contingency reserve equals 3 percent of
total funds appropriated from local funds for operating
expenditures, the District of Columbia shall appropriate
sufficient funds each fiscal year in the budget process to
replenish any amounts allocated from the contingency reserve
fund during the preceding year to maintain a balance of at
least 3 percent of total funds appropriated from local funds
for operating expenditures by the following fiscal year.
``(c) Quarterly Reports.--The Chief Financial Officer shall submit
a quarterly report to the Mayor, the Council, the District of Columbia
Financial Responsibility and Management Assistance Authority (in the
case of a fiscal year which is a control year, as defined in section
305(4) of the District of Columbia Financial Responsibility and
Management Assistance Act of 1995), and the Committees on
Appropriations of the Senate and House of Representatives that includes
a monthly statement on the balance and activities of the contingency
and emergency reserve funds.''.
(2) Clerical amendment.--The table of contents for the
District of Columbia Home Rule Act is amended by inserting
after the item relating to section 450 the following new item:
``Sec. 450A. Reserve funds.''.
(b) Conforming Amendments.--
(1) Current reserve fund.--Section 202(j) of the District
of Columbia Financial Responsibility and Management Assistance
Act of 1995 (sec. 47-392.2(j), D.C. Code) is amended--
(A) in paragraph (1), by striking ``Beginning with
fiscal year 2000, the plan or budget submitted pursuant
to this Act'' and inserting ``For each of the fiscal
years 2000 through 2004, the budget of the District
government for the fiscal year''; and
(B) by adding at the end the following new
paragraph:
``(4) Replenishment.--Any amount of the reserve funds which
is expended in one fiscal year shall be replenished in the
reserve funds from the following fiscal year appropriations to
maintain the $150,000,000 balance.''.
(2) Positive fund balance.--Section 202(k) of such Act
(sec. 47-392.2(k), D.C. Code) is repealed.
(c) Effective Date.--This section and the amendments made by this
section shall take effect on October 1, 2000.
treatment of revenue bonds secured by tobacco settlement payments
Sec. 160. (a) Permitting Council to Delegate Authority to Issue
Bonds.--
(1) In general.--Section 490 of the District of Columbia
Home Rule Act (sec. 47-334, D.C. Code) is amended--
(A) by redesignating subsections (i) through (m) as
subsections (j) through (n); and
(B) by inserting after subsection (h) the following
new subsection:
``(i)(1) The Council may delegate to the District of Columbia
Tobacco Settlement Financing Corporation (hereafter in this subsection
referred to as the ``Corporation'') established pursuant to the Tobacco
Settlement Financing Act of 2000 the authority of the Council under
subsection (a) to issue revenue bonds, notes, and other obligations
which are used to borrow money to finance or assist in the financing or
refinancing of capital projects and other undertakings of the District
of Columbia and which are payable solely from and secured by payments
under the Master Tobacco Settlement Agreement. The Corporation may
exercise authority delegated to it by the Council as described in the
first sentence of this paragraph (whether such delegation is made
before or after the date of the enactment of this subsection) only in
accordance with this subsection and the provisions of the Tobacco
Settlement Financing Act of 2000.
``(2) Revenue bonds, notes, and other obligations issued by the
Corporation under a delegation of authority described in paragraph (1)
shall be issued by resolution of the Corporation, and any such
resolution shall not be considered to be an act of the Council.
``(3) The fourth sentence of section 446 shall not apply to--
``(A) any amount (including the amount of any accrued
interest or premium) obligated or expended from the proceeds of
the sale of any revenue bond, note, or other obligation issued
pursuant to this subsection;
``(B) any amount obligated or expended for the payment of
the principal of, interest on, or any premium for any revenue
bond, note, or other obligation issued pursuant to this
subsection;
``(C) any amount obligated or expended to secure any
revenue bond, note, or other obligation issued pursuant to this
subsection; or
``(D) any amount obligated or expended for repair,
maintenance, and capital improvements to facilities financed
pursuant to this subsection.
``(4) In this subsection, the term `Master Tobacco Settlement
Agreement' means the settlement agreement (and related documents), as
may be amended from time to time, entered into on November 23, 1998, by
the District of Columbia and leading United States tobacco product
manufacturers.''.
(2) Conforming amendment.--The fourth sentence of section
446 of such Act (sec. 47-304, D.C. Code) is amended by striking
``and (h)(3)'' and inserting ``(h)(3), and (i)(3)''.
(b) Waiver of Congressional Review Period for Tobacco Settlement
Financing Act.--Notwithstanding section 602(c)(1) of the District of
Columbia Home Rule Act (sec. 1-233(c)(1), D.C. Code), the Tobacco
Settlement Financing Act of 2000 (title XXXVII of D.C. Act 13-375, as
amended by section 8(e) of D.C. Act 13-387) shall take effect on the
date of the enactment of such Act or the date of the enactment of this
Act, whichever is later.
Sec. 161. Section 603(e) of the Student Loan Marketing Association
Reorganization Act of 1996 (Public Law 104-208; 110 Stat. 3009-293), as
amended by section 153 of the District of Columbia Appropriations Act,
2000, is amended--
(1) by amending the second sentence of paragraph (2)(B) to
read as follows: ``Of such amounts and proceeds, $5,000,000
shall be set aside for a credit enhancement fund for public
charter schools in the District of Columbia, to be administered
and disbursed in accordance with paragraph (3).''; and
(2) by adding at the end the following new paragraph:
``(3) Credit enhancement fund for public charter schools.--
``(A) Distribution of amounts.--Of the amounts in
the credit enhancement fund established under paragraph
(2)(B)--
``(i) 50 percent shall be used to make
grants under subparagraph (B); and
``(ii) 50 percent shall be used to make
grants under subparagraph (C).
``(B) Grants to eligible nonprofit corporations.--
``(i) In general.--Using the amounts
described in subparagraph (A)(i), not later
than 1 year after the date of the enactment of
the District of Columbia Appropriations Act,
2001, the Mayor of the District of Columbia
shall make and disburse grants to eligible
nonprofit corporations to carry out the
purposes described in subparagraph (E).
``(ii) Administration.--The Mayor shall
administer the program of grants under this
subparagraph, except that if the committee
described in subparagraph (C)(iii) is in
operation and is fully functional prior to the
date the Mayor makes the grants, the Mayor may
delegate the administration of the program to
the committee.
``(C) Other grants.--
``(i) In general.--Using the amounts
described in subparagraph (A)(ii), the Mayor of
the District of Columbia shall make grants to
entities to carry out the purposes described in
subparagraph (E).
``(ii) Participation of schools.--A public
charter school in the District of Columbia may
receive a grant under this subparagraph to
carry out the purposes described in
subparagraph (E) in the same manner as other
entities receiving grants to carry out such
activities.
``(iii) Administration through committee.--
The Mayor shall carry out this subparagraph
through the committee appointed by the Mayor
under the second sentence of paragraph (2)(B)
(as in effect prior to the enactment of the
District of Columbia Appropriations Act, 2001).
The committee may enter into an agreement with
a third party to carry out its responsibilities
under this subparagraph.
``(iv) Cap on administrative costs.--Not
more than 10% of the funds available for grants
under this subparagraph may be used to cover
the administrative costs of making grants under
this subparagraph.
``(D) Special rule regarding eligibility of
nonprofit corporations.--In order to be eligible to
receive a grant under this paragraph, a nonprofit
corporation must provide appropriate certification to
the Mayor or to the committee described in subparagraph
(C)(iii) (as the case may be) that it is duly
authorized by two or more public charter schools in the
District of Columbia to act on their behalf in
obtaining financing (or in assisting them in obtaining
financing) to cover the costs of activities described
in subparagraph (E)(i).
``(E) Purposes of grants.--
``(i) In general.--The recipient of a grant
under this paragraph shall use the funds
provided under the grant to carry out
activities to assist public charter schools in
the District of Columbia in--
``(I) obtaining financing to
acquire interests in real property
(including by purchase, lease, or
donation), including financing to cover
planning, development, and other
incidental costs;
``(II) obtaining financing for
construction of facilities or the
renovation, repair, or alteration of
existing property or facilities
(including the purchase or replacement
of fixtures and equipment), including
financing to cover planning,
development, and other incidental
costs; and
``(III) enhancing the availability
of loans (including mortgages) and
bonds.
``(ii) No direct funding for schools.--
Funds provided under a grant under this
subparagraph may not be used by a recipient to
make direct loans or grants to public charter
schools.''.
Sec. 162. (a) Exclusive Authority of Mayor.--Notwithstanding
section 451 of the District of Columbia Home Rule Act or any other
provision of District of Columbia or Federal law to the contrary, the
Mayor of the District of Columbia shall have the exclusive authority to
approve and execute leases of the Washington Marina and the Washington
municipal fish wharf with the existing lessees thereof for an initial
term of 30 years, together with such other terms and conditions
(including renewal options) as the Mayor deems appropriate.
(b) Definitions.--In this section--
(1) the term ``Washington Marina'' means the portions of
Federal property in the Southwest quadrant of the District of
Columbia within Lot 848 in Square 473, the unassessed Federal
real property adjacent to Lot 848 in Square 473, and riparian
rights appurtenant thereto; and
(2) the term ``Washington municipal fish wharf'' means the
water frontage on the Potomac River lying south of Water Street
between 11th and 12th Streets, including the buildings and
wharves thereon.
Sec. 163. Section 11201(g)(4)(A) of the National Capital
Revitalization and Self-Government Improvement Act of 1997 (D.C. Code,
sec. 24-1201(g)(4)(A)) is amended--
(1) by redesignating clauses (vi) through (ix) as clauses
(vii) through (x), respectively; and
(2) by inserting after clause (v) the following:
``(vi) immediately upon completing the
remediation required under clause (ii) (but in
no event later than June 1, 2003), transfer any
property located south of Silverbrooke Road
which is identified for use for educational
purposes in the Fairfax County reuse plan to
the County, without consideration, subject to
the condition that the County use the property
only for educational purposes;''.
Sec. 164. (a) Section 208(a) of the District of Columbia
Procurement Practices Act of 1985 (sec. 1-1182.8(a), D.C. Code) is
amended--
(1) in paragraph (4)(A), by striking ``the same auditor)''
and inserting ``the same auditor, except as may be provided in
paragraph (5)); and
(2) by adding at the end the following new paragraph:
``(5) Notwithstanding paragraph (4)(A), an auditor who is a
subcontractor to the auditor who audited the financial statement and
report described in paragraph (3)(H) for a fiscal year may audit the
financial statement and report for any succeeding fiscal year (as
either the prime auditor or as a subcontractor to another auditor) if--
``(A) such subcontractor is not a signatory to the
statement and report for the previous fiscal year;
``(B) the prime auditor reviewed and approved the work of
the subcontractor on the statement and report for the previous
fiscal year; and
``(C) the subcontractor is not an employee of the prime
contractor or of an entity owned, managed, or controlled by the
prime contractor.''.
(b) The amendment made by subsection (a) shall apply with respect
to financial statements and reports for activities of the District of
Columbia Government for fiscal years beginning with fiscal year 2001.
Sec. 165. Section 11201(g) of the National Capital Revitalization
and Self-Government Improvement Act of 1997 (D.C. Code, sec. 24-
1201(g)) is amended by adding at the end the following new paragraph:
``(6) Meadowood farm land exchange.--
``(A) In general.--If, not later than January 15,
2001, Fairfax County, Virginia, agrees to convey fee
simple title to the property on Mason Neck in excess of
800 acres depicted on the map dated June 2000, on file
in the Office of the Director of the Bureau of Land
Management, Eastern States (hereafter in this paragraph
referred to as `Meadowood Farm') to the Secretary of
the Interior, then the Administrator of General
Services shall agree to convey to Fairfax County,
Virginia, fee simple title to the property located at
the Lorton Correctional Complex north of Silverbrook
Road, and consisting of more than 200 acres identified
in the Fairfax County Reuse Plan, dated July 26, 1999,
as land available for residential development in Land
Units 1 and 2 (hereafter in this paragraph referred to
as the `Laurel Hill Residential Land'), the actual
exchange to occur no later than December 31, 2001.
``(B) Terms and conditions.--(i) When Fairfax
County transfers fee simple title to Meadowood Farm to
the Secretary of the Interior, the Administrator of
General Services shall simultaneously transfer to the
County the Laurel Hill Residential Land.
``(ii) The transfer of property to Fairfax County,
Virginia, under clause (i) shall be subject to such
terms and conditions that the Administrator of General
Services considers to be appropriate to protect the
interests of the United States.
``(iii) Any proceeds derived from the sale of the
Laurel Hill Residential Land by Fairfax County that
exceed the County's cost of acquiring, financing (which
shall be deemed a County cost from the time of
financing of the Meadowood Farm acquisition to the
receipt of proceeds of the sale or sales of the Laurel
Hill Residential Land until such time as the proceeds
of such sale or sales exceed the acquisition and
financing costs of Meadowood Farm to the County),
preparing, and conveying Meadowood Farm and costs
incurred for improving, preparing, and conveying the
Laurel Hill Residential Land shall be remitted to the
United States and deposited into the special fund
established pursuant to paragraph (4)(A)(viii).
``(C) Management of property.--The property
transferred to the Secretary of the Interior under this
section shall be managed by the Bureau of Land
Management for public use and recreation purposes.''.
Sec. 166. Section 158(b) of the District of Columbia Appropriations
Act, 2000 (Public Law 106-113; 113 Stat. 1527) is amended to read as
follows:
``(b) Source of Funds; Transfer.--An amount not to exceed
$5,000,000 from the National Highway System funds apportioned 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).''.
This Act may be cited as the ``District of Columbia Appropriations
Act, 2001''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Appropriations.
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