Appropriates specified sums out of the District's general fund (and other funds, in some cases) for the current fiscal year for: (1) operating expenses (with certain limits); (2) the District of Columbia Financial Responsibility and Management Assistance Authority (Authority); (3) governmental direction and support; (4) economic development and regulation; (5) public safety and justice; (6) the public education system; (7) human support services; (8) public works; and (9) receivership programs.
Amends the District of Columbia Home Rule Act to establish an interest-bearing contingency cash reserve fund into which the Mayor shall deposit in cash by FY 2006 (and incrementally until then) at least three percent of the total budget appropriated for operating expenditures for the fiscal year. Requires full replenishment of the fund each fiscal year. Limits the use of the fund to non-recurring or unforeseen needs arising during the fiscal year, including expenses associated with unforeseen weather or other natural disasters, unexpected liability created by Federal law or new public safety or health needs or requirements identified after the budget process has occurred, or opportunities to achieve cost savings. Allows use of the fund to cover revenue shortfalls experienced for cash receipts that are at least five percent below forecast for three consecutive months (based on a two-month rolling average). Prohibits use of such fund for shortfalls in projected reductions included in the District's proposed budgets. Conditions any use of the fund on the Chief Financial Officer's analysis and the exhaustion of all other surplus funds available.
Establishes an interest- bearing emergency cash reserve fund into which the Mayor shall deposit in cash by FY 2008 (and incrementally until then) at least four percent of the total budget appropriated for operating expenditures for the fiscal year. Requires full replenishment of the fund each fiscal year. Limits the use of the emergency reserve fund to unanticipated and non-recurring extraordinary needs of an emergency nature, including a natural disaster or calamity or unexpected liability by Federal law. Prohibits use of such fund for: (1) District agency receiverships; (2) shortfalls in projected reductions in the District's proposed budgets; or (3) settlements and judgments by or against the District government.
Amends the District of Columbia Financial Responsibility and Management Assistance Act of 1995 to repeal current requirements for a positive reserve fund balance.
Appropriates funds for: (1) repayment of loans and interests; (2) repayment of general fund recovery debt; (3) payment of interest on short-term debt; (4) reimbursement for necessary expenses incurred in connection with presidential inauguration activities; (5) lease payments in accordance with the Certificates of Participation involving the land site underlying the building located at One Judiciary Square; (6) expenses associated with the John A. Wilson Building; (7) optical and dental insurance payments; (8) management supervisory service; (9) the implementation of a Cafeteria Plan; (10) the Water and Sewer Authority and the Washington Aqueduct; (11) the Lottery and Charitable Games Enterprise Fund; (12) the Sports and Entertainment Commission; (13) the District of Columbia Health and Hospitals Public Benefit Corporation; (14) the District of Columbia Retirement Board; (15) the Correctional Industries Fund; (16) the Washington Convention Center Enterprise Fund; and (17) capital outlay (including rescissions).
Transfers specified funds to the Tobacco Settlement Trust Fund to be spent pursuant to local law.
Requires the Mayor and District Council to make reductions of specified amounts for operational improvements savings and for management reform savings in local funds to one or more of the appropriation headings in this Act.
Sets forth authorizations as well as limitations and prohibitions on the uses of appropriations under this Act, and directives to the Mayor, the Council, and the Board of Education identical with or similar to those in the District of Columbia Appropriations Act, 2000.
(Sec. 121) Prohibits the expenditure of funds appropriated under this Act for abortions except where the mother's life would be endangered if the fetus were carried to term or in cases of rape or incest.
(Sec. 122) Bars the use of funds made available by this Act to implement or enforce: (1) the District of Columbia Health Care Benefits Expansion Act of 1992 (also known as the District Domestic Partner Act); or (2) any system of registration of unmarried, cohabiting couples for purposes of extending them benefits on the same basis as such benefits are extended to legally married couples.
(Sec. 124) Allows the Mayor to accept, obligate, and expend Federal, private, and other grants received by the District government that are not reflected in the amounts appropriated in this Act if the Chief Financial Officer reports to the Authority on detailed information regarding such grant, and the Authority approves such activity. Prohibits any obligation or expenditure from the general fund or other District government funds in anticipation of the approval or receipt of a Federal, private, or other grant not subject to this Act.
(Sec. 129) Requires recipients of funds under this Act to comply with the Buy American Act.
Expresses the sense of Congress that, to the greatest extent practicable, such funds should be used to purchase only American-made equipment and products.
Declares a person ineligible to receive any contract made with funds provided under this Act if the person has been judicially determined to have intentionally affixed a "Made in America" label to a product that is not U.S.-made.
(Sec. 133) Prohibits the use of funds under this Act for any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug.
(Sec. 136) Prohibits the use of funds under this Act 60 days after its enactment to pay the salary of any chief financial officer of any District government office who has not filed a certification with the Mayor and the Chief Financial Officer that the officer understands the duties and restrictions applicable.
(Sec. 137) Requires the proposed FY 2002 budget of the District government to specify potential adjustments that might become necessary in the event that the management savings achieved by the District during the year do not meet the level of management savings projected.
(Sec. 138) Requires any document showing the budget for a District government office that contains specified general, nondescriptive labels categorizing activities to include descriptions of the types of activities covered and a detailed breakdown of the amount allocated for each one.
(Sec. 139) Prohibits the use of funds under this Act to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act or any tetrahydrocannabinols (THC) derivative.
Provides that the Legalization of Marijuana for Medical Treatment Initiative of 1998, also known as Initiative 59, approved by the electors of the District on November 3, 1998, shall not take effect.
(Sec. 140) Declares that nothing in this Act bars the District of Columbia Corporation Counsel from reviewing or commenting on briefs in private lawsuits, or from consulting with officials of the District government regarding such lawsuits.
(Sec. 141) Declares that nothing in the Federal Grant and Cooperative Agreements Act of 1977 may be construed to prohibit the Administrator of the Environmental Protection Agency from negotiating and entering into cooperative agreements and grants which affect real property of the Federal Government in the District of Columbia, if the principal purpose of the agreement or grant is to provide comparable benefits for Federal and Non-Federal properties in the District of Columbia.
(Sec. 142) Amends the District of Columbia Home Rule Act to direct the District of Columbia to conduct its financial management in accordance with a comprehensive financial management policy covering cash, debt, financial asset, emergency reserve management policies, and a policy for determining real property tax exemptions for the District of Columbia. Prescribes procedures for: (1) annual review of the comprehensive management policy by the Chief Financial Officer; and (2) development of the first such policy.
(Sec. 143) Amends the District of Columbia Home Rule Act to outline the duties of the Chief Financial Officer in a non-control year or following the lapse of the District of Columbia Financial Responsibility and Management Assistance Authority.
(Sec. 144) Declares that employees of the District of Columbia government will only receive overtime compensation for time worked in excess of 40 hours per week.
(Sec. 145) Authorizes the Court Services and Offender Supervision Agency to continue to operate its ongoing drug-free workplace testing program during the period that its plan is being reviewed for approval by the Department of Health and Human Services.
(Sec. 146) Requires the Mayor to report quarterly to specified congressional committees on the District's progress with respect to: (1) crime; (2) access to drug abuse treatment; (3) management of parolees and pre-trial violent offenders; (4) education; (5) improvement in basic District services, including rat control and abatement; (6) application for and management of Federal grants; and (7) indicators of child well-being.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3041 Placed on Calendar Senate (PCS)]
Calendar No. 800
106th CONGRESS
2d Session
S. 3041
[Report No. 106-409]
Making appropriations for the government of the District of Columbia
and other activities chargeable in whole or in part against the
revenues of said District for the fiscal year ending September 30,
2001, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 13, 2000
Mrs. Hutchison, from the Committee on Appropriations, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
Making appropriations for the government of the District of Columbia
and other activities chargeable in whole or in part against the
revenues of said District for the fiscal year ending September 30,
2001, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the District of Columbia for
the fiscal year ending September 30, 2001, and for other purposes,
namely:
FEDERAL FUNDS
Federal Payment for Resident Tuition Support
For a Federal payment to the District of Columbia for a nationwide
program to be administered by the Mayor for District of Columbia
resident tuition support, $17,000,000, to remain available until
expended: Provided, That such funds may be used on behalf of eligible
District of Columbia residents to pay an amount based upon the
difference between in-State and out-of-State tuition at public
institutions of higher education, usable at both public and private
institutions of 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 for Commercial Revitalization Program
For a Federal payment to the District of Columbia, $1,500,000, to
remain available until expended, for the Mayor, in consultation with
the Council of the District of Columbia, to provide offsets against
local taxes for a commercial revitalization program, such program to
provide financial inducements, including loans, grants, offsets to
local taxes and other instruments that promote commercial
revitalization in Enterprise Zones and low and moderate income areas in
the District of Columbia: Provided, That in carrying out such a
program, the Mayor shall use Federal commercial revitalization
proposals introduced in Congress as a guideline: Provided further, That
not later than 180 days after the date of the enactment of this Act,
the Mayor shall report to the Committees on Appropriations of the
Senate and House of Representatives on the progress made in carrying
out the commercial revitalization program.
Federal Payment to the District of Columbia Public Schools
For a Federal payment to the District of Columbia Public Schools,
$500,000: Provided, That $250,000 of said amount shall be used for a
program to reduce school violence: Provided further, That $250,000 of
said amount shall be used for a program to enhance the reading skills
of District public school students.
Federal Payment to the Department of Human Services
For a Federal payment to the Department of Human Services for a
contribution to the construction in Southeast Washington of a new
community service center for homeless, runaway and at-risk youth,
$500,000.
Federal Payment to the District of Columbia Corrections Trustee
Operations
For salaries and expenses of the District of Columbia Corrections
Trustee, $134,200,000 for the administration and operation of
correctional facilities and for the administrative operating costs of
the Office of the Corrections Trustee, as authorized by section 11202
of the National Capital Revitalization and Self-Government Improvement
Act of 1997 (Public Law 105-33; 111 Stat. 712) of which $1,000,000 is
to fund an initiative to improve case processing in the District of
Columbia criminal justice system: Provided, That notwithstanding any
other provision of law, funds appropriated in this Act for the District
of Columbia Corrections Trustee shall be apportioned quarterly by the
Office of Management and Budget and obligated and expended in the same
manner as funds appropriated for salaries and expenses of other Federal
agencies: Provided further, That in addition to the funds provided
under this heading, the District of Columbia Corrections Trustee may
use any remaining interest earned on the Federal payment made to the
Trustee under the District of Columbia Appropriations Act, 1998, to
carry out the activities funded under this heading.
Federal Payment to the District of Columbia Courts
For salaries and expenses for the District of Columbia Courts,
$109,080,000 to be allocated as follows: for the District of Columbia
Court of Appeals, $7,709,000; for the District of Columbia Superior
Court, $72,399,000; for the District of Columbia Court System,
$17,892,000; $5,255,000 to finance a pay adjustment of 8.48 percent for
nonjudicial employees; and $5,825,000, 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 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), $38,387,000, 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 $5,825,000
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 the Joint Committee on Judicial
Administration in the District of Columbia shall use funds provided in
this Act under the heading ``Federal Payment to the District of
Columbia Courts'' (other than the $5,825,000 provided under such
heading for capital improvements for District of Columbia courthouse
facilities), to make payments described under this heading for
obligations incurred during fiscal year 2000 if the Comptroller General
certifies that the amount of obligations lawfully incurred for such
payments during fiscal year 2000 exceeds the obligational authority
otherwise available for making such payments: Provided further, That
such funds shall be administered by the Joint Committee on Judicial
Administration in the District of Columbia: Provided further, That
notwithstanding any other provision of law, this appropriation shall be
apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated for
expenses of other Federal agencies, with payroll and financial services
to be provided on a contractual basis with the General Services
Administration (GSA), said services to include the preparation of
monthly financial reports, copies of which shall be submitted directly
by GSA to the President and to the Committees on Appropriations of the
Senate and House of Representatives, the Committee on Governmental
Affairs of the Senate, and the Committee on Government Reform of the
House of Representatives: Provided further, That the District of
Columbia Courts shall implement the recommendations in the General
Accounting Office Report GAO/AIMD/OGC-99-226 regarding payments to
court-appointed attorneys and shall report quarterly to the Office of
Management and Budget and to the Senate and House of Representatives
Appropriations Committees quarterly on the status of these reforms.
Federal Payment to the Court Services and Offender Supervision Agency
for the District of Columbia
For salaries and expenses, including the acquisition, transfer,
lease, maintenance, and operation 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),
$108,527,000, of which $65,018,000 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; $18,487,000
shall be transferred to the Public Defender Service; and $25,022,000
shall be available to the Pretrial Services Agency: Provided, That
notwithstanding any other provision of law, all amounts under this
heading shall be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal agencies:
Provided further, That notwithstanding section 446 of the District of
Columbia Home Rule Act or any provision of subchapter III of chapter 13
of title 31, United States Code, the use of interest earned on the
Federal payment made to the District of Columbia Offender Supervision,
Defender, and Court Services Agency under the District of Columbia
Appropriations Act, 1998, by the Agency during fiscal years 1998 and
1999 shall not constitute a violation of such Act or such subchapter.
Metrorail Construction
For the Washington Metropolitan Area Transit Authority [WMATA], a
contribution of $25,000,000 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 Treasury, the District of
Columbia shall set aside an additional $25,000,000 for this project in
its Fiscal Year 2001 Budget and Financial Plan and, further, shall
establish a special taxing district for the neighborhood of the
proposed Metrorail station to provide $25,000,000: Provided further,
That the requirements of 49 U.S.C. 5309(a)(2) shall apply to this
project.
Presidential Inauguration
For a payment to the District of Columbia to reimburse the District
for expenses incurred in connection with Presidential inauguration
activities, $6,211,000, 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.
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 for section 124 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 $5,546,536,000 (of
which $192,804,000 shall be from intra-District funds and
$3,096,383,000 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),
$6,500,000 from other funds: Provided, That these funds be derived from
accounts held by the Authority on behalf of the District of Columbia.
Governmental Direction and Support
Governmental direction and support, $194,271,000 (including
$160,672,000 from local funds, $20,424,000 from Federal funds, and
$13,175,000 from other funds): Provided, That of the $150,000,000
freed-up appropriations provided for by this Act, $621,000 shall be
available to the Office of the Mayor, $2,500,000 to the Office of
Property Management, and $1,042,000 to be used for training,
prioritized pursuant to an act of the Council: Provided further, 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 $303,000 and no fewer than 5 FTEs shall be available
exclusively to support the Labor-Management Partnership Council:
Provided further, That no funds except those already encumbered shall
be available for the Maximus, Inc., revenue recovery services contract
(Contract GF 98104) until such time as the contract is renegotiated to
require Maximus, Inc., to recover maximum revenue first for Medicaid
reimbursable special education transportation costs, second for
Medicaid reimbursable special education residential placement costs,
and third for the Medicaid reimbursable costs of Mental Retardation and
Developmental Disabilities Administration clients: Provided further,
That 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''.
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: Provided further, That of the $150,000,000 freed-up
appropriations provided for by this Act, $3,296,000 shall be available
to the Department of Housing and Community Development and $200,000 to
the Department of Employment Services, prioritized pursuant to an act
of the Council.
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: Provided, That of the $150,000,000 freed-up appropriations
provided for by this Act, $1,293,000 shall be available to the
Department of Fire and Emergency Medical Services, $100,000 to Citizen
Complaint Review Board, $200,000 to Metropolitan Police Department, and
$4,890,000 to the Settlement and Judgments Funds, prioritized pursuant
to an act of the Council: $762,346,000 (including $591,365,000 from
local funds, $24,950,000 from Federal funds, and $146,031,000 from
other funds): Provided further, That the Metropolitan Police Department
is authorized to replace not to exceed 25 passenger-carrying vehicles
and the Department of Fire and Emergency Medical Services of the
District of Columbia is authorized to replace not to exceed five
passenger-carrying vehicles annually whenever the cost of repair to any
damaged vehicle exceeds three-fourths of the cost of the replacement:
Provided further, That not to exceed $500,000 shall be available from
this appropriation for the Chief of Police for the prevention and
detection of crime: Provided further, That notwithstanding any other
provision of law, or Mayor's Order 86-45, issued March 18, 1986, the
Metropolitan Police Department's delegated small purchase authority
shall be $500,000: Provided further, That the District of Columbia
government may not require the Metropolitan Police Department to submit
to any other procurement review process, or to obtain the approval of
or be restricted in any manner by any official or employee of the
District of Columbia government, for purchases that do not exceed
$500,000: Provided further, That the Mayor shall reimburse the District
of Columbia National Guard for expenses incurred in connection with
services that are performed in emergencies by the National Guard in a
militia status and are requested by the Mayor, in amounts that shall be
jointly determined and certified as due and payable for these services
by the Mayor and the Commanding General of the District of Columbia
National Guard: Provided further, That such sums as may be necessary
for reimbursement to the District of Columbia National Guard under the
preceding proviso shall be available from this appropriation, and the
availability of the sums shall be deemed as constituting payment in
advance for emergency services involved: Provided further, That the
Metropolitan Police Department is authorized to maintain 3,800 sworn
officers, with leave for a 50 officer attrition: Provided further, That
no more than 15 members of the Metropolitan Police Department shall be
detailed or assigned to the Executive Protection Unit, until the Chief
of Police submits a recommendation to the Council for its review:
Provided further, That $100,000 shall be available for inmates released
on medical and geriatric parole: Provided further, That commencing on
December 31, 1999, 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:
Provided further, That Chapter 23 of Title 11 of the District of
Columbia Code is repealed.
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; $105,000,000 from local funds for
public charter schools: Provided, That there shall be quarterly
disbursement of funds to the D.C. public charter schools, with the
first payment to occur within 15 days of the beginning of each fiscal
year: Provided further, That the D.C. public charter schools will
report enrollment on a quarterly basis upon which a quarterly
disbursement will be calculated: 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: 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, $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
from 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 WSF 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 in
September 2000 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 instruments for evaluating District of
Columbia Public School employees shall be a non-negotiable item for
collective bargaining purposes: Provided further, That of the
$150,000,000 freed-up appropriations provided for by this Act,
$12,079,000 shall be available to the District of Columbia Public
Schools, $120,000 to the Commission on the Arts and Humanities,
$400,000 to the District of Columbia Library, and $2,500,000 to the
University of the District of Columbia for adult basic education,
prioritized pursuant to an act of the Council.
Human Support Services
Human support services, $1,532,704,000 (including $634,397,000 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
of the $150,000,000 freed-up appropriations provided for by this Act,
$10,000,000 shall be available to the Children Investment Trust,
$1,511,000 to the Department of Parks and Recreation, $574,000 to the
Office on Aging, $4,245,000 to the Department of Health, and $1,500,000
to the Commission on Latino Affairs, prioritized pursuant to an act of
the Council: 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 $400,000 shall be available for the administrative costs
associated with implementation of the Drug Treatment Choice Program
established pursuant to section 4 of the Choice in Drug Treatment Act
of 2000, signed by the Mayor on April 20, 2000 (D.C. Act 13-329):
Provided further, That $7,000,000 shall be available for deposit in the
Addiction Recovery Fund established pursuant to section 5 of the Choice
in Drug Treatment Act of 2000, signed by the Mayor on April 20, 2000
(D.C. Act 13-329): Provided further, That the District of Columbia is
authorized to enter into a long-term lease of Hamilton Field with
Gonzaga College High School and that, in exchange for such a lease,
Gonzaga will introduce and implement a youth baseball program focused
on 13 to 18 year old residents, said program to include summer and fall
baseball programs and baseball clinics.
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 of the $150,000,000 freed-up appropriations provided for
by this Act, $1,500,000 shall be available to Public Works, $1,000,000
to the Department of Motor Vehicles, and $1,550,000 to the Taxicab
Commission, prioritized pursuant to an act of the Council: Provided
further, That this appropriation shall not be available for collecting
ashes or miscellaneous refuse from hotels and places of business:
Provided further, That $100,000 be available for a commercial sector
recycling initiative: Provided further, That $250,000 be available to
initiate a recycling education campaign: Provided further, That $10,000
be available for community clean-up kits: Provided further, That
$190,000 be available to restore 3.5 percent vacancy rate in Parking
Services: Provided further, That $170,000 be available to plant 500
trees: Provided further, That $118,000 be available for two water
trucks: Provided further, That $150,000 be available for contract
monitors and parking analysts within Parking Services: Provided
further, That $1,409,000 be available for a neighborhood cleanup
initiative: Provided further, That $1,000,000 be available for tree
maintenance: Provided further, That $600,000 be available for an anti-
graffiti program: Provided further, That $226,000 be available for a
hazardous waste program: Provided further, That $1,260,000 be available
for parking control aides: Provided further, That $400,000 be available
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): Provided, That of the $150,000,000 freed-up appropriation
provided for by this Act, $6,300,000 shall be available to the LaShawn
Receivership and $13,000,000 to the Commission on Mental Health,
prioritized pursuant to an act of the Council.
Reserve Funds
(a) In General.--The District of Columbia Home Rule Act is amended
by inserting after section 450 the following:
``Sec. 450A. (a) Contingency Reserve Fund.--
``(1) In general.--As provided in paragraph (2), 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 at least 3
percent of the total budget appropriated for operating
expenditures for a fiscal year.
``(2) Establishment of contingency reserve fund.--
Commencing October 1, 2000, and not later than October 1 of
each fiscal year until fiscal year 2006, the Mayor of the
District of Columbia shall deposit into the contingency reserve
fund at least 0.5 percent of the total budget appropriated for
operating expenditures for such fiscal year to be increased by
at least 0.5 percent each fiscal year through 2006. The
deposits made to the contingency reserve fund when 3 percent is
reached, but no later than fiscal year 2006 and thereafter
shall total at least 3 percent of the total budget appropriated
for operating expenditures for that fiscal year as provided in
paragraph (1).
``(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 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 liability created by Federal law
or new public safety or health needs or requirements
that have been identified after the budget process has
occurred, or opportunities to achieve cost savings.
``(B) The contingency reserve fund may be used, if
needed, to cover revenue shortfalls experienced by the
District government for 3 consecutive months (based on
a 2 month rolling average) that are 5 percent or more
below the budget forecast.
``(C) The contingency reserve fund may not be used
to fund any shortfalls in any projected reductions
which are included in the budget proposed by the
District of Columbia for the fiscal year.
``(5) Allocation of contingency cash reserve.--Funds may be
allocated from the contingency reserve fund only after--
``(A) an analysis has been prepared by the Chief
Financial Officer; and
``(B) all other surplus funds available to the
District of Columbia for the fiscal year have been
fully exhausted.
``(6) Replenishment.--The District of Columbia shall
allocate 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 for operating expenditures, the
District of Columbia shall allocate 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 for operating expenditures by the
following fiscal year.
``(b) Emergency Reserve Fund.--
``(1) In general.--As provided in paragraph (2), 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 at least 4
percent of the total budget appropriated for operating
expenditures for a fiscal year.
``(2) Establishment of emergency reserve fund.--Commencing
October 1, 2000, and not later than February 15 of each fiscal
year until fiscal year 2008, the Mayor of the District of
Columbia shall deposit into the emergency reserve fund at least
0.5 percent of the total budget appropriated for operating
expenditures for such fiscal year to be increased by at least
0.5 percent each fiscal year through 2008. The deposits made to
the emergency reserve fund when 4 percent is reached, but no
later than fiscal year 2008 and thereafter shall total at least
4 percent of the total budget appropriated for operating
expenditures for that fiscal year as provided in paragraph (1).
``(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 requirements that--
``(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
liability 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 6-1504 of the District of
Columbia Code; and
``(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.
``(4) 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; and
``(B) the contingency reserve fund established by
subsection (a) has been exhausted.
``(5) Notice.--The Mayor, Council of the District of
Columbia, and, in the case of a fiscal year which is a control
year (as defined in section 305(4) of the District of Columbia
Financial Responsibility and Management Assistance Act of
1995), the District of Columbia Financial Responsibility and
Management Assistance Authority shall notify the Committees on
Appropriations of the Senate and House of Representatives in
writing not more than 30 days after the expenditure of funds
from the emergency reserve fund.
``(6) Replenishment.--The District of Columbia shall
allocate 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 for operating expenditures for the
fiscal year, the District of Columbia shall allocate 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 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 of the District of
Columbia, (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,
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.''.
(b) Repeal.--Section 202(j) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995 is repealed.
(c) Effective Date.--This section and the amendments made by this
section shall take effect on October 1, 2000.
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 of the $150,000,000
freed-up appropriations provided for by this Act, the balance remaining
after other expenditures shall be used for Pay-As-You-Go Capital Funds
in lieu of capital financing, prioritized pursuant to an act of the
Council: Provided further, That any funds set aside pursuant to section
148 of the District of Columbia Appropriations Act (Public Law 106-113;
113 Stat. 1531) that are not used in the reserve funds established
herein shall be used for Pay-As-You-Go Capital Funds: Provided further,
That for equipment leases, the Mayor may finance $19,232,000 of
equipment cost, plus cost of issuance not to exceed 2 percent of the
par amount being financed on a lease purchase basis with a maturity not
to exceed 5 years: Provided further, That $2,000,000 is allocated to
the Metropolitan Police Department, $4,300,000 for the Fire and
Emergency Medical Services Department, $1,622,000 for the Public
Library, $2,010,000 for the Department of Parks and Recreation,
$7,500,000 for the Department of Public Works and $1,800,000 for the
Public Benefit Corporation.
Repayment of General Fund Recovery Debt
For the purpose of eliminating the $331,589,000 general fund
accumulated deficit as of September 30, 1990, $39,300,000 from local
funds, as authorized by section 461(a) of the District of Columbia Home
Rule Act (105 Stat. 540; D.C. Code, sec. 47-321(a)(1)).
Payment of Interest on Short-Term Borrowing
For payment of interest on short-term borrowing, $1,140,000 from
local funds.
Presidential Inauguration
For reimbursement for necessary expenses incurred in connection
with Presidential inauguration activities as authorized by section
737(b) of the District of Columbia Home Rule Act, Public Law 93-198, as
amended, approved December 24, 1973 (87 Stat. 824; D.C. Code, sec. 1-
1803), $6,211,000, 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.
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
There is transferred $61,406,000 to the Tobacco Settlement Trust
Fund established pursuant to section 2302 of the Tobacco Settlement
Trust Fund Establishment Act of 1999, effective October 20, 1999 (D.C.
Law 13-38; to be codified at D.C. Code, sec. 6-135), to be spent
pursuant to local law.
Operational Improvements Savings (Including Managed Competition)
The Mayor and the Council in consultation of 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 of 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
For the implementation of a Cafeteria Plan pursuant to Federal law,
a reduction of $5,000,000: Provided, That of the $150,000,000 freed-up
appropriations provided for by this Act, $5,000,000 shall be available
for the savings associated with the implementation of the Cafeteria
Plan, prioritized pursuant to an act of the Council.
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 and 1175; Public Law 97-91),
for the purpose of implementing the Law to Legalize Lotteries, Daily
Numbers Games, and Bingo and Raffles for Charitable Purposes in the
District of Columbia, (D.C. Law 3-172; D.C. Code, sec. 2-2501 et seq.
and sec. 22-1516 et seq.), $223,200,000: Provided, That the District of
Columbia shall identify the source of funding for this appropriation
title from the District's own locally generated revenues: Provided
further, That no revenues from Federal sources shall be used to support
the operations or activities of the Lottery and Charitable Games
Control Board.
Sports and Entertainment Commission
For the Sports and Entertainment Commission, $10,968,000 from other
funds: Provided, That the Mayor shall submit a budget for the Armory
Board for the forthcoming fiscal year as required by section 442(b) of
the District of Columbia Home Rule Act (87 Stat. 824; Public Law 93-
198; D.C. Code, sec. 47-301(b)).
District of Columbia Health and Hospitals Public Benefit Corporation
For the District of Columbia Health and Hospitals Public Benefit
Corporation, established by D.C. Law 11-212; D.C. Code, sec. 32-262.2,
$123,548,000 of which $45,313,000 shall be derived by transfer from the
general fund, and $78,235,000 from other funds: Provided, That no
amounts may be made available to the Corporation (through
reprogramming, transfers, loans, or any other mechanism) which are not
otherwise provided for under this heading.
District of Columbia Retirement Board
For the District of Columbia Retirement Board, 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 the Mayor, for transmittal to the Council of the
District of Columbia, an itemized accounting of the planned use of
appropriated funds in time for each annual budget submission and the
actual use of such funds in time for each annual audited financial
report.
Correctional Industries Fund
For the Correctional Industries Fund, established by the District
of Columbia Correctional Industries Establishment Act (78 Stat. 1000;
Public Law 88-622), $1,808,000 from other funds.
Washington Convention Center Enterprise Fund
For the Washington Convention Center Enterprise Fund, $52,726,000
from other funds.
Capital Outlay
(including rescissions)
For construction projects, an increase of $1,077,282,000 of which
$806,787,000 is from local funds, $66,446,000 is from highway trust
funds, and $204,049,000 is from Federal funds, and a rescission of
$55,208,000 from local funds appropriated under this heading in prior
fiscal years, for a net amount of $1,022,074,000 to remain available
until expended: Provided, That funds for use of each capital project
implementing agency shall be managed and controlled in accordance with
all procedures and limitations established under the Financial
Management System: Provided further, That all funds provided by this
appropriation title shall be available only for the specific projects
and purposes intended: Provided further, That notwithstanding the
foregoing, all authorizations for capital outlay projects, except those
projects covered by the first sentence of section 23(a) of the Federal-
Aid Highway Act of 1968 (82 Stat. 827; Public Law 90-495; D.C. Code,
sec. 7-134, note), for which funds are provided by this appropriation
title, shall expire on September 30, 2002, except authorizations for
projects as to which funds have been obligated in whole or in part
prior to September 30, 2002: Provided further, That upon expiration of
any such project authorization, the funds provided herein for the
project shall lapse.
General Provisions
Sec. 101. Whenever in this Act, an amount is specified within an
appropriation for particular purposes or objects of expenditure, such
amount, unless otherwise specified, shall be considered as the maximum
amount that may be expended for said purpose or object rather than an
amount set apart exclusively therefor.
Sec. 102. Appropriations in this Act shall be available for
expenses of travel and for the payment of dues of organizations
concerned with the work of the District of Columbia government, when
authorized by the Mayor: Provided, That in the case of the Council of
the District of Columbia, funds may be expended with the authorization
of the chair of the Council.
Sec. 103. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of judgments that have been entered against the
District of Columbia government: Provided, That nothing contained in
this section shall be construed as modifying or affecting the
provisions of section 11(c)(3) of title XII of the District of Columbia
Income and Franchise Tax Act of 1947 (70 Stat. 78; Public Law 84-460;
D.C. Code, sec. 47-1812.11(c)(3)).
Sec. 104. 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. 105. None of the funds appropriated in this Act shall be made
available to pay the salary of any employee of the District of Columbia
government whose name, title, grade, salary, past work experience, and
salary history are not available for inspection by the House and Senate
Committees on Appropriations, the Subcommittee on the District of
Columbia of the House Committee on Government Reform, the Subcommittee
on Oversight of Government Management, Restructuring and the District
of Columbia of the Senate Committee on Governmental Affairs, and the
Council of the District of Columbia, or their duly authorized
representative.
Sec. 106. 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. 107. No part of this appropriation shall be used for publicity
or propaganda purposes or implementation of any policy including
boycott designed to support or defeat legislation pending before
Congress or any State legislature.
Sec. 108. At the start of the fiscal year, the Mayor shall develop
an annual plan, by quarter and by project, for capital outlay
borrowings: Provided, That within a 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. 109. None of the funds provided under this Act to the agencies
funded by this Act, both Federal and District government agencies, that
remain available for obligation or expenditure in fiscal year 2001, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure for an agency through
a reprogramming of funds which: (1) creates new programs; (2)
eliminates a program, project, or responsibility center; (3)
establishes or changes allocations specifically denied, limited or
increased by Congress in this Act; (4) increases funds or personnel by
any means for any program, project, or responsibility center for which
funds have been denied or restricted; (5) reestablishes through
reprogramming any program or project previously deferred through
reprogramming; (6) augments existing programs, projects, or
responsibility centers through a reprogramming of funds in excess of
$1,000,000 or 10 percent, whichever is less; or (7) increases by 20
percent or more personnel assigned to a specific program, project, or
responsibility center; unless the Appropriations Committees 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.
Sec. 110. 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. 111. Notwithstanding any other provisions of law, the
provisions of the District of Columbia Government Comprehensive Merit
Personnel Act of 1978 (D.C. Law 2-139; D.C. Code, sec. 1-601.1 et
seq.), enacted pursuant to section 422(3) of the District of Columbia
Home Rule Act (87 Stat. 790; Public Law 93-198; D.C. Code, sec. 1-
242(3)), shall apply with respect to the compensation of District of
Columbia employees: Provided, That for pay purposes, employees of the
District of Columbia government shall not be subject to the provisions
of title 5, United States Code.
Sec. 112. No later than 30 days after the end of the first quarter
of the fiscal year ending September 30, 2001, the Mayor of the District
of Columbia shall submit to the Council of the District of Columbia the
new fiscal year 2001 revenue estimates as of the end of the first
quarter of fiscal year 2001. These estimates shall be used in the
budget request for the fiscal year ending September 30, 2002. The
officially revised estimates at midyear shall be used for the midyear
report.
Sec. 113. No sole source contract with the District of Columbia
government or any agency thereof may be 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. 114. 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. 115. In the event a sequestration order is issued pursuant to
the Balanced Budget and Emergency Deficit Control Act of 1985 (99 Stat.
1037; Public Law 99-177), 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. 116. (a) An entity of the District of Columbia government may
accept and use a gift or donation during fiscal year 2001 if--
(1) the Mayor approves the acceptance and use of the gift
or donation: Provided, That the Council of the District of
Columbia may accept and use gifts without prior approval by the
Mayor; and
(2) the entity uses the gift or donation to carry out its
authorized functions or duties.
(b) Each entity of the District of Columbia government shall keep
accurate and detailed records of the acceptance and use of any gift or
donation under subsection (a) of this section, and shall make such
records available for audit and public inspection.
(c) 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) 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. 117. None of the Federal funds provided in this Act may be
used by the District of Columbia to provide for salaries, expenses, or
other costs associated with the 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. 118. Reporting Requirements for the District of Columbia
Public Schools and the University of the District of Columbia. (a) The
Superintendent of the District of Columbia Public Schools [DCPS] and
the University of the District of Columbia [UDC] shall each submit to
the Committees on Appropriations of the House of Representatives and
Senate, the Committee on Government Reform of the House of
Representatives, and the Committee on Governmental Affairs of the
Senate no later than 15 calendar days after the end of each quarter a
report that sets forth--
(1) current quarter expenditures and obligations, year-to-
date expenditures and obligations, and total fiscal year
expenditure projections versus budget broken out on the basis
of control center, responsibility center, and object class, and
for all funds, non-appropriated funds, and capital financing;
(2) a list of each account for which spending is frozen and
the amount of funds frozen, broken out by control center,
responsibility center, detailed object, and for all funding
sources;
(3) a list of all active contracts in excess of $10,000
annually, which contains the name of each contractor; the
budget to which the contract is charged, broken out on the
basis of control center, responsibility center, and agency
reporting code; and contract identifying codes used by DCPS and
UDC; payments made in the last quarter and year-to-date, the
total amount of the contract and total payments made for the
contract and any modifications, extensions, renewals; and
specific modifications made to each contract in the last month;
(4) all reprogramming requests and reports that are
required to be, and have been, submitted to the Board of
Education; and
(5) all reprogramming requests and reports that have been
made by UDC within the last quarter in compliance with
applicable law; and
(6) changes made in the last quarter to the organizational
structure of DCPS and UDC, displaying for each entity previous
and current control centers and responsibility centers, the
names of the organizational entities that have been changed,
the name of the staff member supervising each entity affected,
and the reasons for the structural change.
(b) The Superintendent of DCPS and UDC shall annually compile an
accurate and verifiable report on the positions and employees in the
public school system and the university, respectively. The annual
report shall--
(1) set forth the number of validated schedule A positions
in the District of Columbia public schools and UDC for fiscal
year 2001, and thereafter on full-time equivalent basis,
including a compilation of all positions by control center,
responsibility center, funding source, position type, position
title, pay plan, grade, and annual salary;
(2) set forth a compilation of all employees in the
District of Columbia public schools and UDC as of the preceding
December 31, verified as to its accuracy in accordance with the
functions that each employee actually performs, by control
center, responsibility center, agency reporting code, program
(including funding source), activity, location for accounting
purposes, job title, grade and classification, annual salary,
and position control number; and
(3) be submitted to the Congress, the Mayor, the District
of Columbia Council, the Consensus Commission, and the
Authority, not later than February 15 of each year.
(c) No later than November 1, 2000, or within 30 calendar days
after the date of the enactment of this Act, whichever occurs later,
and each succeeding year, the Superintendent of DCPS and UDC shall
submit to the appropriate congressional committees, the Mayor, the
District of Columbia Council, the Consensus Commission, and the
District of Columbia Financial Responsibility and Management Assistance
Authority, a revised appropriated funds operating budget for the public
school system and UDC for such fiscal year: (1) that is in the total
amount of the approved appropriation and that realigns budgeted data
for personal services and other-than-personal services, respectively,
with anticipated actual expenditures; and (2) that is in the format of
the budget that the Superintendent of DCPS and UDC submit to the Mayor
of the District of Columbia for inclusion in the Mayor's budget
submission to the Council of the District of Columbia pursuant to
section 442 of the District of Columbia Home Rule Act (Public Law 93-
198; D.C. Code, sec. 47-301).
Sec. 119. Funds authorized or previously appropriated to the
government of the District of Columbia by this or any other Act to
procure the necessary hardware and installation of new software,
conversion, testing, and training to improve or replace its financial
management system are also available for the acquisition of accounting
and financial management services and the leasing of necessary
hardware, software or any other related goods or services, as
determined by the District of Columbia Financial Responsibility and
Management Assistance Authority.
Sec. 120. (a) None of the funds contained in this Act may be made
available to pay the fees of an attorney who represents a party who
prevails in an action, 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
120 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 120 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.
(b) Notwithstanding the preceding subsection, if the Mayor,
District of Columbia Financial Responsibility and Management Assistance
Authority 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.
Sec. 121. None of the funds appropriated under this Act shall be
expended for any abortion except where the life of the mother would be
endangered if the fetus were carried to term or where the pregnancy is
the result of an act of rape or incest.
Sec. 122. None of the funds made available in this Act may be used
to implement or enforce the Health Care Benefits Expansion Act of 1992
(D.C. Law 9-114; D.C. Code, sec. 36-1401 et seq.) or to otherwise
implement or enforce any system of registration of unmarried,
cohabiting couples (whether homosexual, heterosexual, or lesbian),
including but not limited to registration for the purpose of extending
employment, health, or governmental benefits to such couples on the
same basis that such benefits are extended to legally married couples.
Sec. 123. 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. 124. (a) Acceptance and Use of Grants Not Included in
Ceiling.--
(1) In general.--Notwithstanding any other provision of
this Act, the Mayor, in consultation with the Chief Financial
Officer, during a control year, as defined in section 305(4) of
the District of Columbia Financial Responsibility and
Management Assistance Act of 1995 (Public Law 104-8; 109 Stat.
152), may accept, obligate, and expend Federal, private, and
other grants received by the District government that are not
reflected in the amounts appropriated in this Act.
(2) Requirement of chief financial officer report and
authority approval.--No such Federal, private, or other grant
may be accepted, obligated, or expended pursuant to paragraph
(1) until--
(A) the Chief Financial Officer of the District of
Columbia submits to the Authority a report setting
forth detailed information regarding such grant; and
(B) the Authority has reviewed and approved the
acceptance, obligation, and expenditure of such grant
in accordance with review and approval procedures
consistent with the provisions of the District of
Columbia Financial Responsibility and Management
Assistance Act of 1995.
(3) Prohibition on spending in anticipation of approval or
receipt.--No amount may be obligated or expended from the
general fund or other funds of the District government in
anticipation of the approval or receipt of a grant under
paragraph (2)(B) of this subsection or in anticipation of the
approval or receipt of a Federal, private, or other grant not
subject to such paragraph.
(4) Quarterly reports.--The Chief Financial Officer of the
District of Columbia shall prepare a quarterly report setting
forth detailed information regarding all Federal, private, and
other grants subject to this subsection. Each such report shall
be submitted to the Council of the District of Columbia, and to
the Committees on Appropriations of the House of
Representatives and the Senate, not later than 15 days after
the end of the quarter covered by the report.
(b) Report on Expenditures by Financial Responsibility and
Management Assistance Authority.--Not later than 20 calendar days after
the end of each fiscal quarter starting October 1, 1999, the Authority
shall submit a report to the Committees on Appropriations of the House
of Representatives and the Senate, the Committee on Government Reform
of the House, and the Committee on Governmental Affairs of the Senate
providing an itemized accounting of all non-appropriated funds
obligated or expended by the Authority for the quarter. The report
shall include information on the date, amount, purpose, and vendor
name, and a description of the services or goods provided with respect
to the expenditures of such funds.
Sec. 125. If a department or agency of the government of the
District of Columbia is under the administration of a court-appointed
receiver or other court-appointed official during fiscal year 2001 or
any succeeding fiscal year, the receiver or official shall prepare and
submit to the Mayor, for inclusion in the annual budget of the District
of 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. 126. (a) Restrictions on Use of Official Vehicles.--Except as
otherwise provided in this section, none of the funds made available by
this Act or by any other Act may be used to provide any officer or
employee of the District of Columbia with an official vehicle unless
the officer or employee uses the vehicle only in the performance of the
officer's or employee's official duties. For purposes of this
paragraph, the term ``official duties'' does not include travel between
the officer's or employee's residence and workplace (except: (1) in the
case of an officer or employee of the Metropolitan Police Department
who resides in the District of Columbia or is otherwise designated by
the Chief of the Department; (2) at the discretion of the Fire Chief,
an officer or employee of the District of Columbia Fire and Emergency
Medical Services Department who resides in the District of Columbia and
is on call 24 hours a day; (3) the Mayor of the District of Columbia;
and (4) the Chairman of the Council of the District of Columbia).
(b) Inventory of Vehicles.--The Chief Financial Officer of the
District of Columbia shall submit, by November 15, 2000, an inventory,
as of September 30, 2000, of all vehicles owned, leased or operated by
the District of Columbia government. The inventory shall include, but
not be limited to, the department to which the vehicle is assigned; the
year and make of the vehicle; the acquisition date and cost; the
general condition of the vehicle; annual operating and maintenance
costs; current mileage; and whether the vehicle is allowed to be taken
home by a District officer or employee and if so, the officer or
employee's title and resident location.
Sec. 127. (a) Source of Payment for Employees Detailed Within
Government.--For purposes of determining the amount of funds expended
by any entity within the District of Columbia government during fiscal
year 2001 and each succeeding fiscal year, any expenditures of the
District government attributable to any officer or employee of the
District government who provides services which are within the
authority and jurisdiction of the entity (including any portion of the
compensation paid to the officer or employee attributable to the time
spent in providing such services) shall be treated as expenditures made
from the entity's budget, without regard to whether the officer or
employee is assigned to the entity or otherwise treated as an officer
or employee of the entity.
(b) Modification of Reduction in Force Procedures.--Section 2408 of
the District of Columbia Government Comprehensive Merit Personnel Act
of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Code, sec. 1-
625.7), is amended as follows:
(a) Subsection (a) is amended by striking the date
``September 30, 2000'' and inserting the phrase ``September 30,
2000, and each subsequent fiscal year'' in its place.
(b) Subsection (b) is amended by striking the phrase
``Prior to February 1, 2000'' and inserting the phrase ``Prior
to February 1 of each year'' in its place.
(c) Subsection (i) is amended by striking the phrase
``March 1, 2000'' and inserting the phrase ``March 1 of each
year'' in its place.
(d) Subsection (k) is amended by striking the phrase
``September 1, 2000'' and inserting the phrase ``September 1 of
each year''in its place.
Sec. 128. Notwithstanding any other provision of law, not later
than 120 days after the date that a District of Columbia Public Schools
(DCPS) student is referred for evaluation or assessment--
(1) the District of Columbia Board of Education, or its
successor, and DCPS shall assess or evaluate a student who may
have a disability and who may 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. 129. (a) Compliance With Buy American Act.--None of the funds
made available in this Act may be expended by an entity unless the
entity agrees that in expending the funds the entity will comply with
the Buy American Act (41 U.S.C. 10a-10c).
(b) Sense of the Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In
the case of any equipment or product that may be authorized to
be purchased with financial assistance provided using funds
made available in this Act, it is the sense of the Congress
that entities receiving the assistance should, in expending the
assistance, purchase only American-made equipment and products
to the greatest extent practicable.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act,
the head of each agency of the Federal or District of Columbia
government shall provide to each recipient of the assistance a
notice describing the statement made in paragraph (1) by the
Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.
Sec. 130. None of the funds contained in this Act may be used for
purposes of the annual independent audit of the District of Columbia
government (including the District of Columbia Financial Responsibility
and Management 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. 131. None of the funds contained in this Act may be used by
the District of Columbia Corporation Counsel or any other officer or
entity of the District government to provide assistance for any
petition drive or civil action which seeks to require Congress to
provide for voting representation in Congress for the District of
Columbia.
Sec. 132. No later than November 1, 2000, or within 30 calendar
days after the date of the enactment of this Act, whichever occurs
later, the Chief Financial Officer of the District of Columbia shall
submit to the appropriate committees of Congress, the Mayor, and the
District of 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. 133. (a) None of the funds contained in this Act may be used
for any program of distributing sterile needles or syringes for the
hypodermic injection of any illegal drug.
(b) Any individual or entity who receives any funds contained in
this Act and who carries out any program described in subsection (a)
shall account for all funds used for such program separately from any
funds contained in this Act.
Sec. 134. (a) Restrictions on Leases.--Upon the expiration of the
60-day period that begins on the date of the enactment of this Act,
none of the funds contained in this Act may be used to make rental
payments under a lease for the use of real property by the District of
Columbia government (including any independent agency of the District)
unless the lease and an abstract of the lease have been filed (by the
District of Columbia or any other party to the lease) with the central
office of the Deputy Mayor for Economic Development, in an indexed
registry available for public inspection.
(b) Additional Restrictions on Current Leases.--
(1) In general.--Upon the expiration of the 60-day period
that begins on the date of the enactment of this Act, in the
case of a lease described in paragraph (3), none of the funds
contained in this Act may be used to make rental payments under
the lease unless the lease is included in periodic reports
submitted by the Mayor and Council of the District of Columbia
to the Committees on Appropriations of the House of
Representatives and Senate describing for each such lease the
following information:
(A) The location of the property involved, the name
of the owners of record according to the land records
of the District of Columbia, the name of the lessors
according to the lease, the rate of payment under the
lease, the period of time covered by the lease, and the
conditions under which the lease may be terminated.
(B) The extent to which the property is or is not
occupied by the District of Columbia government as of
the end of the reporting period involved.
(C) If the property is not occupied and utilized by
the District government as of the end of the reporting
period involved, a plan for occupying and utilizing the
property (including construction or renovation work) or
a status statement regarding any efforts by the
District to terminate or renegotiate the lease.
(2) Timing of reports.--The reports described in paragraph
(1) shall be submitted for each calendar quarter (beginning
with the quarter ending December 31, 2000) not later than 20
days after the end of the quarter involved, plus an initial
report submitted not later than 60 days after the date of the
enactment of this Act, which shall provide information as of
the date of the enactment of this Act.
(3) Leases described.--A lease described in this paragraph
is a lease in effect as of the date of the enactment of this
Act for the use of real property by the District of Columbia
government (including any independent agency of the District)
which is not being occupied by the District government
(including any independent agency of the District) as of such
date or during the 60-day period which begins on the date of
the enactment of this Act.
Sec. 135. (a) Management of Existing District Government
Property.--Upon the expiration of the 60-day period that begins on the
date of the enactment of this Act, none of the funds contained in this
Act may be used to enter into a lease (or to make rental payments under
such a lease) for the use of real property by the District of Columbia
government (including any independent agency of the District) or to
purchase real property for the use of the District of Columbia
government (including any independent agency of the District) or to
manage real property for the use of the District of Columbia (including
any independent agency of the District) unless the following conditions
are met:
(1) The Mayor and Council of the District of Columbia
certify to the Committees on Appropriations of the House of
Representatives and Senate that existing real property
available to the District (whether leased or owned by the
District government) is not suitable for the purposes intended.
(2) Notwithstanding any other provisions of law, there is
made available for sale or lease all real property of the
District of Columbia that the Mayor from time-to-time
determines is surplus to the needs of the District of Columbia,
unless a majority of the members of the Council override the
Mayor's determination during the 30-day period which begins on
the date the determination is published.
(3) The Mayor and Council implement a program for the
periodic survey of all District property to determine if it is
surplus to the needs of the District.
(4) The Mayor and Council within 60 days of the date of the
enactment of this Act have filed with the Committees on
Appropriations of the House of Representatives and Senate, the
Committee on Government Reform of the House of Representatives,
and the Committee on Governmental Affairs of the Senate a
report which provides a comprehensive plan for the management
of District of Columbia real property assets, and are
proceeding with the implementation of the plan.
(b) Termination of Provisions.--If the District of Columbia enacts
legislation to reform the practices and procedures governing the
entering into of leases for the use of real property by the District of
Columbia government and the disposition of surplus real property of the
District government, the provisions of subsection (a) shall cease to be
effective upon the effective date of the legislation.
Sec. 136. Certification.--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 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 their agency as a result of
this Act.
Sec. 137. The proposed budget of the government of the District of
Columbia for fiscal year 2002 that is submitted by the District to
Congress shall specify potential adjustments that might become
necessary in the event that the operational improvements savings 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. 138. In submitting any document showing the budget for an
office of the District of Columbia government (including an independent
agency of the District) that 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. 139. (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. 140. 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. 141. (a) Nothing in the Federal Grant and Cooperative
Agreements Act of 1977 (31 U.S.C. 6301 et seq.) may be construed to
prohibit the Administrator of the Environmental Protection Agency from
negotiating and entering into cooperative agreements and grants
authorized by law which affect real property of the Federal Government
in the District of Columbia if the principal purpose of the cooperative
agreement or grant is to provide comparable benefits for Federal and
non-Federal properties in the District of Columbia.
(b) Subsection (a) shall apply with respect to fiscal year 2001 and
each succeeding fiscal year.
Sec. 142. (a) In General.--The District of Columbia Home Rule Act
is amended by inserting after section 450 the following:
``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) A contingency reserve management policy in accordance
with section 450A(a)(3).
``(5) An emergency reserve management policy in accordance
with section 450A(b)(3).
``(6) A policy for determining real property tax exemptions
for the District of Columbia.
``(c) Annual Review.--The comprehensive financial management policy
shall be reviewed at the end of each 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 for review and the
District of Columbia Financial Responsibility and Management
Assistance Authority (in a control year);
``(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
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 of
the District of Columbia.
``(d) Procedure for Development of First Comprehensive Financial
Management Policy.--
``(1) CFO.--Not later than April 1, 2001, the Chief
Financial Officer shall submit to the Mayor an initial proposed
comprehensive financial management policy for the District of
Columbia pursuant to section 450B of the District of Columbia
Home Rule Act.
``(2) Council.--Following review and comment by the Mayor,
not later than May 1, 2001, the Chief Financial Officer shall
submit the proposed financial management policy to the Council
of the District of Columbia for its prompt review and adoption.
``(3) Authority.--Upon adoption of the financial management
policy under paragraph (2), the Council shall immediately
submit the policy to the District of Columbia Financial
Responsibility and Management Assistance Authority for a review
of not to exceed 30 days.
``(4) Congress.--Following review of the 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) Effective Date.--This section and the amendments made by this
section shall take effect on October 1, 2000.
Sec. 143. Responsibility of Chief Financial Officer. Section 424 of
the District of Columbia Home Rule Act is amended--
(1) in subsection (b)--
(A) in paragraph (1)(B), by inserting 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 confirmation
takes effect.''; and
(B) in paragraph (2)(B), by striking the period at
the end and inserting ``upon dismissal by the Mayor and
approval of that dismissal by a \2/3\ vote of the
Council of the District of Columbia. Upon approval of
the dismissal by the Council, the resolution of
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.'';
(2) by striking subsections (c) and (d) and inserting the
following:
``(c) Functions of the Chief Financial Officer.--The Chief
Financial Officer shall have the following duties:
``(1) Preparing the financial plan and budget for the use
of the Mayor for purposes of subtitle A of title II of the
District of Columbia Financial Responsibility and Management
Assistance Act of 1995.
``(2) Preparing the budgets of the District of Columbia for
the year for the use of the Mayor for purposes of part D.
``(3) During a control year, assuring that all financial
information presented by the Mayor is presented in a manner,
and is otherwise consistent with, the requirements of the
District of Columbia Financial Responsibility and Management
Assistance Act of 1995.
``(4) Implementing appropriate procedures and instituting
such programs, systems, and personnel policies within the
Officer's authority, to ensure that budget, accounting, and
personnel control systems and structures are synchronized for
budgeting and control purposes on a continuing basis.
``(5) Preparing and submitting to the Mayor and the
Council, with the approval of the Authority during a control
year--
``(A) annual estimates of all revenues of the
District of Columbia (without regard to the source of
such revenues), including proposed revenues, which
shall be binding on the Mayor and the Council for
purposes of preparing and submitting the budget of the
District government for the year under part D, except
that the Mayor and the Council may prepare the budget
based on estimates of revenues which are lower than
those prepared by the Chief Financial Officer; and
``(B) quarterly re-estimates of the revenues of the
District of Columbia during the year.
``(6) Supervising and assuming responsibility for financial
transactions to ensure adequate control of revenues and
resources, and to ensure that appropriations are not exceeded.
``(7) Maintaining systems of accounting and internal
control designed to provide--
``(A) full disclosure of the financial impact of
the activities of the District government;
``(B) adequate financial information needed by the
District government for management purposes;
``(C) effective control over, and accountability
for, all funds, property, and other assets of the
District of Columbia; and
``(D) reliable accounting results to serve as the
basis for preparing and supporting agency budget
requests and controlling the execution of the budget.
``(8) Submitting to the Council a financial statement of
the District government, containing such details and at such
times as the Council may specify.
``(9) Supervising and assuming responsibility for the
assessment of all property subject to assessment and special
assessments within the corporate limits of the District of
Columbia for taxation, preparing tax maps, and providing such
notice of taxes and special assessments (as may be required by
law).
``(10) Supervising and assuming responsibility for the
levying and collection of all taxes, special assessments,
licensing fees, and other revenues of the District of Columbia
(as may be required by law), and receiving all amounts paid to
the District of Columbia from any source (including the
Authority during a control year).
``(11) Maintaining custody of all public funds belonging to
or under the control of the District government (or any
department or agency of the District government), and
depositing all amounts paid in such depositories and under such
terms and conditions as may be designated by the Council or the
Authority during a control year.
``(12) Maintaining custody of all investment and invested
funds of the District government or in possession of the
District government in a fiduciary capacity, and maintaining
the safekeeping of all bonds and notes of the District
government and the receipt and delivery of District government
bonds and notes for transfer, registration, or exchange.
``(13) Apportioning the total of all appropriations and
funds made available during the year for obligation so as to
prevent obligation or expenditure in a manner which would
result in a deficiency or a need for supplemental
appropriations during the year, and (with respect to
appropriations and funds available for an indefinite period and
all authorizations to create obligations by contract in advance
of appropriations) apportioning the total of such
appropriations, funds, or authorizations in the most effective
and economical manner.
``(14) Certifying all contracts (whether directly or
through delegation) prior to execution as to the availability
of funds to meet the obligations expected to be incurred by the
District government under such contracts during the year.
``(15) Prescribing the forms of receipts, vouchers, bills,
and claims to be used by all agencies, offices, and
instrumentalities of the District government.
``(16) Certifying and approving prior to payment all bills,
invoices, payrolls, and other evidences of claims, demands, or
charges against the District government, and determining the
regularity, legality, and correctness of such bills, invoices,
payrolls, claims, demands, or charges.
``(17) In coordination with the Inspector General of the
District of Columbia, performing internal audits of accounts
and operations and records of the District government,
including the examination of any accounts or records of
financial transactions, giving due consideration to the
effectiveness of accounting systems, internal control, and
related administrative practices of the departments and
agencies of the District government.
``(18) Exercising responsibility for the administration and
supervision of the District of Columbia Treasurer (except that
the Chief Financial Officer may delegate any portion of such
responsibility as the Chief Financial Officer considers
appropriate and consistent with efficiency).
``(19) Administering all borrowing programs of the District
government for the issuance of long-term and short-term
indebtedness.
``(20) Administering the cash management program of the
District government, including the investment of surplus funds
in governmental and non-governmental interest-bearing
securities and accounts.
``(21) Administering the centralized District government
payroll and retirement systems.
``(22) Governing the accounting policies and systems
applicable to the District government.
``(23) Preparing appropriate annual, quarterly, and monthly
financial reports of the accounting and financial operations of
the District government.
``(24) Not later than 120 days after the end of each fiscal
year, preparing the complete financial statement and report on
the activities of the District government for such fiscal year,
for the use of the Mayor under section 448(a)(4) of the
District of Columbia Self-Government and Governmental
Reorganization Act.'';
(3) in subsection (e)(2), by striking ``or subsection
(d)''; and
(4) redesignating subsections (e) and (f) as subsections
(d) and (e), respectively.
Sec. 144. (a) Notwithstanding the provisions of the District of
Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C. Law
2-139; D.C. Code 1-601.1 et seq.), or any other District of Columbia
law, 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) or work actually performed, in
accordance with the provisions of the Fair Labor Standards Act, 29
U.S.C. Sec. 201 et seq.
(b) Subsection (a) of this section shall be effective December
27, 1996. The Resolution and Order of the District of Columbia
Financial Responsibility and Management Assistance Authority, dated
December 27, 1996, is hereby ratified and approved and shall be given
full force and effect.
Sec. 145. (a) In General.--Notwithstanding section 503 of Public
Law 100-71 and as provided in subsection (b), the Court Services and
Offender Supervision Agency for the District of Columbia (in this
section referred to as the ``agency'') may implement and administer the
Drug Free Workplace Program of the agency, dated July 28, 2000, for
employment applicants of the agency.
(b) Effective Period.--The waiver provided by subsection (a)
shall--
(1) take effect on enactment; and
(2) terminate on the date the Department of Health and
Human Services approves the drug program of the agency pursuant
to section 503 of Public Law 100-71 or 12 months after the date
referred to in paragraph (1), whichever is later.
Sec. 146. The Mayor of the District of Columbia shall submit
quarterly reports to the Senate Committees on Appropriations and
Governmental Affairs, commencing October 1, 2000, 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.
This Act may be cited as the ``District of Columbia Appropriations
Act, 2001''.
Calendar No. 800
106th CONGRESS
2d Session
S. 3041
[Report No. 106-409]
_______________________________________________________________________
A BILL
Making appropriations for the government of the District of Columbia
and other activities chargeable in whole or in part against the
revenues of said District for the fiscal year ending September 30,
2001, and for other purposes.
_______________________________________________________________________
September 13, 2000
Read twice and placed on the calendar
Committee on Appropriations Subcommittee on District of Columbia. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 106-928.
Introduced in Senate
Committee on Appropriations ordered to be reported an original measure.
Committee on Appropriations. Original measure reported to Senate by Senator Hutchison. With written report No. 106-409.
Committee on Appropriations. Original measure reported to Senate by Senator Hutchison. With written report No. 106-409.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 800.
Measure laid before Senate. (consideration: CR S9397)
Senate incorporated this measure in H.R. 4942 as an amendment.
Returned to the Calendar. Calendar No. 800.
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