[106th Congress Public Law 522]
[From the U.S. Government Printing Office]
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[DOCID: f:publ522.106]
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DISTRICT OF COLUMBIA
APPROPRIATIONS ACT, 2001
[[Page 114 STAT.2440]]
Public Law 106-522
106th Congress
An Act
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. <<NOTE: Nov. 22, 2000 - [H.R. 5633]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: District of
Columbia Appropriations Act, 2001.>> 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
[[Page 114 STAT.2441]]
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, <<NOTE: Deadline.>> 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
[[Page 114 STAT.2442]]
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, <<NOTE: Contracts. Reports.>> 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
[[Page 114 STAT.2443]]
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, <<NOTE: Contracts. Reports.>> 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, <<NOTE: Reports.>> 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
[[Page 114 STAT.2444]]
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, <<NOTE: Contracts. Deadline.>> 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, <<NOTE: Deadline. Reports.>> That not later than 45 days after
receiving the proposed solicitation from the Mayor, the Comptroller
[[Page 114 STAT.2445]]
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, <<NOTE: Applicability.>> 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.
[[Page 114 STAT.2446]]
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
[[Page 114 STAT.2447]]
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, <<NOTE: Effective date.>> 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, <<NOTE: Deadline. Study.>> That not later than March 1, 2001,
the Chief Financial Officer of the District
[[Page 114 STAT.2448]]
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
[[Page 114 STAT.2449]]
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, <<NOTE: Effective
date. Reports.>> 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, <<NOTE: Charter schools. Reports.>> 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 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
[[Page 114 STAT.2450]]
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 fiscal year 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
[[Page 114 STAT.2451]]
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 fifteenth
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
[[Page 114 STAT.2452]]
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-
[[Page 114 STAT.2453]]
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
[[Page 114 STAT.2454]]
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.
[[Page 114 STAT.2455]]
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.
[[Page 114 STAT.2456]]
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
[[Page 114 STAT.2457]]
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, <<NOTE: Expiration date.>> 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,
[[Page 114 STAT.2458]]
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. <<NOTE: Effective date.>> (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.
[[Page 114 STAT.2459]]
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; <<NOTE: Notification.>> 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) <<NOTE: Notification.>> 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 2 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.
[[Page 114 STAT.2460]]
Sec. 114. <<NOTE: Deadline.>> 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
[[Page 114 STAT.2461]]
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 <<NOTE: District of Columbia
Register, publication.>> 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.''.
[[Page 114 STAT.2462]]
(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) <<NOTE: Deadline.>> The Superintendent of the District of Columbia
Public Schools (DCPS) and the University of the District of
[[Page 114 STAT.2463]]
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
[[Page 114 STAT.2464]]
(3) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: Abortion.>> 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
[[Page 114 STAT.2465]]
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. <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> 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,
[[Page 114 STAT.2466]]
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 <<NOTE: Deadline.>> 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
[[Page 114 STAT.2467]]
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. <<NOTE: Deadline.>> 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
[[Page 114 STAT.2468]]
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 <<NOTE: Deadlines. Reports.>> 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
5 fiscal years commencing on the previous October 1
[[Page 114 STAT.2469]]
and shall submit to Congress a report on the results of such
examination.''.
Sec. 136. <<NOTE: Deadline.>> 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. <<NOTE: Needle exchange.>> (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
[[Page 114 STAT.2470]]
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) <<NOTE: Deadline. Reports.>> 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
[[Page 114 STAT.2471]]
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. <<NOTE: Reports. Deadline.>> 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 tenth 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:
[[Page 114 STAT.2472]]
``(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) <<NOTE: Effective date.>> 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) <<NOTE: Effective date.>> 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
[[Page 114 STAT.2473]]
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 <<NOTE: Applicability.>> 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. <<NOTE: Effective date. Needle exchange.>> (a) Effective
120 days after the date of the enactment of this Act, it shall be
unlawful for any person to distribute any needle or syringe for the
hypodermic injection of any illegal drug in any area of the District of
Columbia which is within 1,000 feet of a public or private elementary or
secondary school (including a public charter school). It is stipulated
that based on a survey by the Metropolitan Police Department of the
District of Columbia that sites at 4th Street Northeast and Rhode Island
Avenue 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 1,000-foot perimeter. Sites at North Capitol Street and New
York Avenue Northeast, Division Avenue Northeast and Foote Street
Northeast, Georgia Avenue Northwest and New Hampshire Avenue Northwest,
and 15th Street Northeast and A Street Northeast are found to be within
the 1,000-foot perimeter.
(b) <<NOTE: Reports.>> 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
[[Page 114 STAT.2474]]
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. <<NOTE: 31 USC 6301 note.>> (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
[[Page 114 STAT.2475]]
purpose of the cooperative agreement or grant is to provide comparable
benefits for Federal and non-Federal properties in the District of
Columbia.
(b) <<NOTE: Applicability.>> 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 <<NOTE: Deadlines.>> 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 <<NOTE: Deadlines.>> 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
[[Page 114 STAT.2476]]
submit the policy to the Authority for a review of not to exceed
30 days.
``(4) Congress.--Following <<NOTE: Effective date.>> 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--'';
[[Page 114 STAT.2477]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Effective date.>> 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.
[[Page 114 STAT.2478]]
(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. <<NOTE: Effective date. Reports.>> 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 <<NOTE: Deadlines.>> 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.--
[[Page 114 STAT.2479]]
``(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
[[Page 114 STAT.2480]]
Financial <<NOTE: Deadline.>> 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
[[Page 114 STAT.2481]]
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.''.
[[Page 114 STAT.2482]]
(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), respectively; 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.''.
[[Page 114 STAT.2483]]
(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), <<NOTE: 20 USC 1155.>> 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 <<NOTE: Deadline.>> 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
[[Page 114 STAT.2484]]
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 percent 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. <<NOTE: Contracts.>> (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
[[Page 114 STAT.2485]]
(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) <<NOTE: Applicability.>> 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 <<NOTE: Virginia. Deadline.>> 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
[[Page 114 STAT.2486]]
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).''.
Sec. 167. The explanatory language contained in the Joint
Explanatory Statement of the Committee of Conference for District of
Columbia Appropriations contained in the Conference Report to accompany
H.R. 4942 of the 106th Congress shall be considered to constitute a
joint explanatory statement of a committee of conference for the
provisions in this Act. References in this joint statement to the
conference agreement mean the provisions in this Act, references to the
House bill mean the House passed version of H.R. 4942, and references to
the Senate bill mean the Senate passed amendment to H.R. 4942.
[[Page 114 STAT.2487]]
This Act may be cited as the ``District of Columbia Appropriations
Act, 2001''.
Approved November 22, 2000.
LEGISLATIVE HISTORY--H.R. 5633:
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CONGRESSIONAL RECORD, Vol. 146 (2000):
Nov. 14, considered and passed House and Senate.
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