< Back to H.R. 4942 (106th Congress, 1999–2000)

Text of the District of Columbia Appropriations Act, 2001

This bill was enacted after being signed by the President on December 21, 2000. The text of the bill below is as of Sep 14, 2000 (Passed the House (Engrossed)).

This is not the latest text of this bill.

Source: GPO

HR 4942 EH

106th CONGRESS

2d Session

H. R. 4942


AN ACT

Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending September 30, 2001, and for other purposes.

    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, $14,000,000, to remain available until expended: Provided, That such funds may be used on behalf of eligible District of Columbia residents to pay an amount based upon the difference between in-State and out-of-State tuition at public institutions of higher education, usable at both public and private institutions for higher education: Provided further, That the awarding of such funds may be prioritized on the basis of a resident’s academic merit and such other factors as may be authorized: Provided further, That not more than 5 percent of the funds may be used to pay administrative expenses.

Federal Payment for Incentives for Adoption of Children

    The paragraph under the heading ‘Federal Payment for Incentives for Adoption of Children’ in Public Law 106-113, approved November 29, 1999 (113 Stat. 1501), is amended to read as follows: ‘For a Federal payment to the District of Columbia to create incentives to promote the adoption of children in the District of Columbia foster care system, $5,000,000: Provided, That such funds shall remain available until September 30, 2002, and shall be used to carry out all of the provisions of title 38, except for section 3808, of the Fiscal Year 2001 Budget Support Act of 2000, D.C. Bill 13-679, enrolled June 12, 2000.

Federal Payment to the Chief Financial Officer of the District of Columbia

    For a Federal payment to the Chief Financial Officer of the District of Columbia, $1,500,000, of which $250,000 shall be for payment to a mentoring program and for hotline services; $500,000 shall be for payment to a youth development program with a character building curriculum; $500,000 to remain available until expended, shall be for the design, construction, and maintenance of a trash rack system to be installed at the Hickey Run stormwater outfall; and $250,000 shall be for payment to support a program to assist homeless individuals to become productive, taxpaying citizens in the District of Columbia.

Federal Payment to the District of Columbia Corrections Trustee Operations

    For salaries and expenses of the District of Columbia Corrections Trustee, $134,300,000 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, $99,500,000 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, $16,892,000; and $2,500,000, to remain available until September 30, 2002, for capital improvements for District of Columbia courthouse facilities: Provided, That none of the funds in this Act or in any other Act shall be available for the purchase, installation or operation of an Integrated Justice Information System until a detailed plan and design has been submitted by the courts and approved by the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of other Federal agencies, with payroll and financial services to be provided on a contractual basis with the General Services Administration (GSA), said services to include the preparation of monthly financial reports, copies of which shall be submitted directly by GSA to the President and to the Committees on Appropriations of the Senate and House of Representatives, the Committee on Governmental Affairs of the Senate, and the Committee on Government Reform of the House of Representatives:

Defender Services in District of Columbia Courts

    For payments authorized under section 11-2604 and section 11-2605, D.C. Code (relating to representation provided under the District of Columbia Criminal Justice Act), payments for counsel appointed in proceedings in the Family Division of the Superior Court of the District of Columbia under chapter 23 of title 16, D.C. Code, and payments for counsel authorized under section 21-2060, D.C. Code (relating to representation provided under the District of Columbia Guardianship, Protective Proceedings, and Durable Power of Attorney Act of 1986), $34,387,000, to remain available until expended: Provided, That the funds provided in this Act under the heading ‘Federal Payment to the District of Columbia Courts’ (other than the $2,500,000 provided under such heading for capital improvements for District of Columbia courthouse facilities) may also be used for payments under this heading: Provided further, That in addition to the funds provided under this heading, the Joint Committee on Judicial Administration in the District of Columbia shall use funds provided in this Act under the heading ‘Federal Payment to the District of Columbia Courts’ (other than the $2,500,000 provided under such heading for capital improvements for District of Columbia courthouse facilities), to make payments described under this heading for obligations incurred during any fiscal year: Provided further, That such funds shall be administered by the Joint Committee on Judicial Administration in the District of Columbia: Provided further, That notwithstanding any other provision of law, this appropriation shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for expenses of other Federal agencies, with payroll and financial services to be provided on a contractual basis with the General Services Administration (GSA), said services to include the preparation of monthly financial reports, copies of which shall be submitted directly by GSA to the President and to the Committees on Appropriations of the Senate and House of Representatives, the Committee on Governmental Affairs of the Senate, and the Committee on Government Reform of the House of Representatives: Provided further, That the District of Columbia Courts shall implement the recommendations in the General Accounting Office Report GAO/AIMD/OGC-99-226 regarding payments to court-appointed attorneys and shall report to the Office of Management and Budget and to the House and Senate Appropriations Committees quarterly on the status of these reforms.

Federal Payment to the Court Services and Offender Supervision

Agency for the District of Columbia

(INCLUDING TRANSFER OF FUNDS)

    For salaries and expenses 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) $115,752,000, of which $69,871,000 shall be for necessary expenses of Community Supervision and Sex Offender Registration, to include expenses relating to supervision of adults subject to protection orders or provision of services for or related to such persons; $18,778,000 shall be transferred to the Public Defender Service; and $27,103,000 shall be available to the Pretrial Services Agency: Provided, That of the amount provided under this heading, $22,161,000 shall be used to improve pretrial defendant and post-conviction offender supervision, enhance drug testing and sanctions-based treatment programs and other treatment services, expand intermediate sanctions and offender re-entry programs, continue planning and design proposals for a residential Sanctions Center and improve administrative infrastructure, including information technology; and $836,000 of the $22,161,000 referred to in this proviso is for the Public Defender Service: Provided further, That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of other Federal agencies: Provided further, That notwithstanding section 446 of the District of Columbia Home Rule Act or any provision of subchapter III of chapter 13 of title 31, United States Code, the use of interest earned on the Federal payment made to the District of Columbia Offender Supervision, Defender, and Court Services Agency under the District of Columbia Appropriations Act, 1998, by the Agency during fiscal years 1998 and 1999 shall not constitute a violation of such Act or such subchapter.

Federal Payment for Washington Interfaith Network

    For a Federal payment to the Washington Interfaith Network to reimburse the Network for costs incurred in carrying out preconstruction activities at the former Fort Dupont Dwellings and Additions, $1,000,000: Provided, That such activities may include architectural and engineering studies, property appraisals, environmental assessments, grading and excavation, landscaping, paving, and the installation of curbs, gutters, sidewalks, sewer lines, and other utilities: Provided further, That the Secretary of the Treasury shall make such payment only after the Network has received matching funds from private sources (including funds provided through loans) to carry out such activities in an aggregate amount which is equal to the amount of such payment (as certified by the Inspector General of the District of Columbia) and has provided the Secretary of the Treasury with a request for reimbursement which contains documentation certified by the Inspector General of the District of Columbia showing that the Network carried out the activities and that the costs incurred in carrying out the activities were equal to or less than the amount of the reimbursement requested: Provided further, That none of the funds provided under this heading may be obligated or expended after December 31, 2001 (without regard to whether the activities involved were carried out prior to such date).

Federal Payment for Simplified Personnel System

    For a Federal payment to the Mayor of the District of Columbia to study and design a system approved by the Comptroller General for simplifying the administration of personnel policies (including pay policies) with respect to employees of the District government, $250,000: Provided, That the Mayor shall carry out such study and design through a contractor approved by the Comptroller General.

Metrorail Construction

(INCLUDING TRANSFER OF FUNDS)

    For a contribution to the Washington Metropolitan Area Transit Authority for construction of a Metrorail station located at New York and Florida Avenues, Northeast, $25,000,000, to remain available until expended, of which $7,100,000 is appropriated under this heading and $17,900,000 shall be transferred by the District of Columbia Financial Responsibility and Management Assistance Authority (DCFRMA) from interest earned on accounts held by DCFRMA on behalf of the District of Columbia government.

Federal Payment for National Museum of American Music

    For a Federal payment to the Federal City Council for the establishment of a National Museum of American Music, $250,000, to remain available until expended: Provided, That such funds shall be used for the costs of activities necessary to complete the planning phase for such Museum, including the costs of personnel, design projects, environmental assessments, and the preparation of requests for proposals: Provided further, That such funds shall be deposited into a separate account of the Federal City Council used exclusively for the establishment of such Museum: Provided further, That the Secretary of the Treasury shall make such payment only after the Federal City Council has deposited matching donated funds from private sources into the account in an aggregate amount which is equal to 200 percent of the amount appropriated herein (as certified by the Inspector General of the District of Columbia).

Presidential Inauguration

    For a payment to the District of Columbia to reimburse the District for expenses incurred in connection with Presidential inauguration activities, $5,961,000, as authorized by section 737(b) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 824; D.C. Code, sec. 1-1132), which shall be apportioned by the Chief Financial Officer within the various appropriation headings in this Act.

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 136(a) 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 $5,689,276,000 (of which $192,804,000 shall be from intra-District funds and $3,245,623,000 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, established by section 101(a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (109 Stat. 97; Public Law 104-8), $3,140,000 from local funds: Provided, That none of the funds contained in this Act may be used to pay any compensation of the Executive Director or General Counsel of the Authority at a rate in excess of the maximum rate of compensation which may be paid to such individual during fiscal year 2001 under section 102 of such Act, as determined by the Comptroller General (as described in GAO letter report B-279095.2).

Governmental Direction and Support

    Governmental direction and support, $194,621,000 (including $161,022,000 from local funds, $20,424,000 from Federal funds, and $13,175,000 from other funds): Provided, That not to exceed $2,500 for the Mayor, $2,500 for the Chairman of the Council of the District of Columbia, and $2,500 for the City Administrator shall be available from this appropriation for official purposes: Provided further, That any program fees collected from the issuance of debt shall be available for the payment of expenses of the debt management program of the District of Columbia: Provided further, That no revenues from Federal sources shall be used to support the operations or activities of the Statehood Commission and Statehood Compact Commission: Provided further, That the District of Columbia shall identify the sources of funding for Admission to Statehood from its own locally-generated revenues: Provided further, That all employees permanently assigned to work in the Office of the Mayor shall be paid from funds allocated to the Office of the Mayor: Provided further, That notwithstanding any other provision of law, or Mayor’s Order 86-45, issued March 18, 1986, the Office of the Chief Technology Officer’s delegated small purchase authority shall be $500,000: Provided further, That the District of Columbia government may not require the Office of the Chief Technology Officer to submit to any other procurement review process, or to obtain the approval of or be restricted in any manner by any official or employee of the District of Columbia government, for purchases that do not exceed $500,000: Provided further, That $303,000 and no fewer than 5 FTEs shall be available exclusively to support the Labor-Management Partnership Council: Provided further, That 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.

Economic Development and Regulation

    Economic development and regulation, $205,638,000 (including $53,562,000 from local funds, $92,378,000 from Federal funds, and $59,698,000 from other funds), of which $15,000,000 collected by the District of Columbia in the form of BID tax revenue shall be paid to the respective BIDs pursuant to the Business Improvement Districts Act of 1996 (D.C. Law 11-134; D.C. Code, sec. 1-2271 et seq.), and the Business Improvement Districts Amendment Act of 1997 (D.C. Law 12-26): Provided, That such funds are available for acquiring services provided by the General Services Administration: Provided further, That Business Improvement Districts shall be exempt from taxes levied by the District of Columbia.

Public Safety and Justice

    Public safety and justice, including purchase or lease of 135 passenger carrying vehicles for replacement only, including 130 for police-type use and five for fire-type use, without regard to the general purchase price limitation for the current fiscal year, and such sums as may be necessary for making refunds and for the payment of judgments that have been entered against the District of Columbia government $762,346,000 (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 $100,000 shall be available for inmates released on medical and geriatric parole: Provided further, That commencing on December 31, 2000, the Metropolitan Police Department shall provide to the Committees on Appropriations of the Senate and House of Representatives, the Committee on Governmental Affairs of the Senate, and the Committee on Government Reform of the House of Representatives, quarterly reports on the status of crime reduction in each of the 83 police service areas established throughout the District of Columbia.

Public Education System

    Public education system, including the development of national defense education programs, $995,418,000 (including $821,367,000 from local funds, $147,643,000 from Federal funds, and $26,408,000 from other funds), to be allocated as follows: $769,443,000 (including $628,809,000 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, $14,000,000 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: Provided further, That the quarterly payment of October 15, 2000, shall be fifty (50) percent of each public charter school’s annual entitlement based on its unaudited October 5 enrollment count: Provided further, That if the entirety of this allocation has not been provided as payments to any public charter schools currently in operation through the per pupil funding formula, the funds shall be available for public education in accordance with the School Reform Act of 1995 (D.C. Code, sec. 31-2853.43(A)(2)(D); Public Law 104-134, as amended): Provided further, That the Mayor of the District of Columbia shall convene a task force to recommend changes, which shall be released by December 31, 2000, to the School Reform Act of 1995, for the purpose of instituting a funding mechanism which will account for the projected growth of charter schools: Provided further, That $480,000 of this amount shall be available to the District of Columbia Public Charter School Board for administrative costs: Provided further, That $76,433,000 (including $44,691,000 from local funds, $13,199,000 from Federal funds, and $18,543,000 from other funds) shall be available for the University of the District of Columbia: Provided further, That $200,000 is allocated for the East of the River Campus Assessment Study, $1,000,000 for the Excel Institute Adult Education Program to be used by the Institute for construction and to acquire construction services provided by the General Services Administration on a reimbursable basis, $500,000 for the Adult Education State Plan, $650,000 for The Saturday Academy Pre-College Program, and $481,000 for the Strengthening of Academic Programs; and $26,459,000 (including $25,208,000 from local funds, $550,000 from Federal funds and $701,000 other funds) for the Public Library: Provided further, That the $1,020,000 enhancement shall be allocated such that; $500,000 is used for facilities improvements for 8 of the 26 library branches, $235,000 for 13 FTEs for the continuation of the Homework Helpers Program, $166,000 for 3 FTEs in the expansion of the Reach Out And Roar (ROAR) service to license day care homes, and $119,000 for 3 FTEs to expand literacy support into branch libraries: Provided further, That $2,204,000 (including $1,780,000 from local funds, $404,000 from Federal funds and $20,000 from other funds) shall be available for the Commission on the Arts and Humanities: Provided further, That the public schools of the District of Columbia are authorized to accept not to exceed 31 motor vehicles for exclusive use in the driver education program: Provided further, That not to exceed $2,500 for the Superintendent of Schools, $2,500 for the President of the University of the District of Columbia, and $2,000 for the Public Librarian shall be available from this appropriation for official purposes: Provided further, That none of the funds contained in this Act may be made available to pay the salaries of any District of Columbia Public School teacher, principal, administrator, official, or employee who knowingly provides false enrollment or attendance information under article II, section 5 of the Act entitled ‘An Act to provide for compulsory school attendance, for the taking of a school census in the District of Columbia, and for other purposes’, approved February 4, 1925 (D.C. Code, sec. 31-401 et seq.): Provided further, That this appropriation shall not be available to subsidize the education of any nonresident of the District of Columbia at any District of Columbia public elementary and secondary school during fiscal year 2001 unless the nonresident pays tuition to the District of Columbia at a rate that covers 100 percent of the costs incurred by the District of Columbia which are attributable to the education of the nonresident (as established by the Superintendent of the District of Columbia Public Schools): Provided further, That this appropriation shall not be available to subsidize the education of nonresidents of the District of Columbia at the University of the District of Columbia, unless the Board of Trustees of the University of the District of Columbia adopts, for the fiscal year ending September 30, 2001, a tuition rate schedule that will establish the tuition rate for nonresident students at a level no lower than the nonresident tuition rate charged at comparable public institutions of higher education in the metropolitan area: Provided further, That $2,200,000 is allocated to the Temporary Weighted Student Formula to fund 344 additional slots for pre-K students: Provided further, That $50,000 is allocated to fund a conference on learning support for children ages 3-4 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 FY 2001: Provided further, That no less than $389,219,000 shall be expended on local schools through the Weighted Student Formula: Provided further, That the District of Columbia Public Schools may spend $500,000 to engage in a Schools Without Violence program based on a model developed by the University of North Carolina, located in Greensboro, North Carolina: Provided further, That section 441 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 798; D.C. Code, sec. 47-101), is amended as follows:

      (a) The third sentence is amended to read as follows:

      ‘However, the fiscal year for the Armory Board shall begin on the first day of January and shall end on the thirty-first day of December of each calendar year, and, beginning the first day of July 2001, the fiscal year for the District of Columbia Public Schools and the District of Columbia Public Charter Schools shall begin on the first day of July and end on the thirtieth day of June of each calendar year.’.

      (b) One new sentence is added at the end to read as follows: ‘The District of Columbia Public Schools shall take appropriate action to ensure that its financial books are closed by June 30, 2003.’.

Human Support Services

    Human support services, $1,532,204,000 (including $633,897,000 from local funds, $881,589,000 from Federal funds, and $16,718,000 from other funds): Provided, That $25,836,000 of this appropriation, to remain available until expended, shall be available solely for District of Columbia employees’ disability compensation: Provided further, That the District of Columbia shall not provide free government services such as water, sewer, solid waste disposal or collection, utilities, maintenance, repairs, or similar services to any legally constituted private nonprofit organization, as defined in section 411(5) of the Stewart B. McKinney Homeless Assistance Act (101 Stat. 485; Public Law 100-77; 42 U.S.C. 11371), providing emergency shelter services in the District, if the District would not be qualified to receive reimbursement pursuant to such Act (101 Stat. 485; Public Law 100-77; 42 U.S.C. 11301 et seq.): Provided further, That $1,250,000 shall be paid to the Doe Fund for the operation of its Ready, Willing, and Able Program in the District of Columbia as follows: $250,000 to cover debt owed by the District of Columbia government for services rendered shall be paid to the Doe Fund within 15 days of the enactment of this Act; and $1,000,000 shall be paid in equal monthly installments by the 15th day of each month: Provided further, That $400,000 shall be available for the administrative costs associated with implementation of the Drug Treatment Choice Program established pursuant to section 4 of the Choice in Drug Treatment Act of 2000, signed by the Mayor on April 20, 2000 (D.C. Act 13-329): Provided further, That $7,000,000 shall be available for deposit in the Addiction Recovery Fund established pursuant to section 5 of the Choice in Drug Treatment Act of 2000, signed by the Mayor on April 20, 2000 (D.C. Act 13-329).

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 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 shall be available for a commercial sector recycling initiative: Provided further, That $250,000 shall be available to initiate a recycling education campaign: Provided further, That $10,000 shall be available for community clean-up kits: Provided further, That $190,000 shall be available to restore a 3.5 percent vacancy rate in Parking Services: Provided further, That $170,000 shall be available to plant 500 trees: Provided further, That $118,000 shall be available for two water trucks: Provided further, That $150,000 shall be available for contract monitors and parking analysts within Parking Services: Provided further, That $1,409,000 shall be available for a neighborhood cleanup initiative: Provided further, That $1,000,000 shall be available for tree maintenance: Provided further, That $600,000 shall be available for an anti-graffiti program: Provided further, That $226,000 shall be available for a hazardous waste program: Provided further, That $1,260,000 shall be available for parking control aides: Provided further, That $400,000 shall 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).

Reserve

    For replacement of funds expended, if any, during fiscal year 2000 from the Reserve established by section 202(i) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, Public Law 104-8, $150,000,000: Provided, That none of these funds shall be obligated or expended under this heading until: (1) the reductions from ‘Operational Improvement Savings’, ‘Management Reform Savings’, and ‘Cafeteria Plan’ have been achieved and the achievement certified by the District of Columbia Inspector General; (2) the Chief Financial Officer certifies that the reserve assets are not required to replace funds expended in fiscal year 2000 from the Reserve established by section 202(i) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, Public Law 104-8; and (3) the District of Columbia government enters into leases provided for under the heading ‘Federal Payment for Waterfront Improvements’ in Public Law 105-277, approved October 21, 1998 (112 Stat. 2681-124), as amended by section 164 of Public Law 106-113, approved November 29, 1999 (113 Stat. 1529): Provided further, That the unexpended portion of the fiscal year 2000 reserve that is carried over into fiscal year 2001 will free up local funds in the fiscal year 2001 Reserve that can be used to fund selected programs upon certification by the Chief Financial Officer of the District of Columbia that: (1) the Mayor will achieve operational improvement savings and management reform productivity savings in the fiscal year 2001 Budget and Financial Plan, (2) the collection of additional revenues within the fiscal year 2001 Budget and Financial Plan will be achieved; and (3) agency expenditures are monitored and fiscal challenges are addressed to the satisfaction of the Chief Financial Office during fiscal year 2001. The programs that will be funded following certification by the Chief Financial Officer are as follows: GOVERNMENTAL DIRECTION AND SUPPORT, $4,163,000 (including $621,000 for the Office of the Mayor; $1,042,000 for Human Resource Development; $2,500,000 for the Office of Property Management): ECONOMIC DEVELOPMENT AND REGULATION, $3,496,000 (including $3,296,000 for the Department of Housing and Community Development; $200,000 for the Department of Employment Services): PUBLIC SAFETY AND JUSTICE, $6,483,000 (including $200,000 for the Metropolitan Police Department, $1,293,000 for the Fire and Emergency Medical Services Department, $4,890,000 for Settlements and Judgments, $100,000 for the Citizen Complaint Review Board): PUBLIC EDUCATION SYSTEM, $15,099,000 (including $12,079,000 for Public Schools, $2,500,000 for the University of the District of Columbia, $400,000 for the Public Library, $120,000 for the Commission on the Arts and Humanities): HUMAN SUPPORT SERVICES, $17,830,000 (including $4,245,000 for the Department of Health, $1,511,000 for the Department of Recreation and Parks, $574,000 for the Office on Aging, $1,500,000 for the Office on Latino Affairs, $10,000,000 for Children and Youth Investment Fund): PUBLIC WORKS, $4,050,000 (including $1,500,000 for the Department of Public Works, $1,000,000 for the Department of Motor Vehicles, $1,550,000 for the Taxicab Commission): RECEIVERSHIP PROGRAMS, $19,300,000 (including $6,300,000 for Child and Family Services, $13,000,000 for the Commission on Mental Health Services): and CAFETERIA PLAN SAVINGS, $5,000,000: Provided further, That the freed-up appropriated funds in fiscal year 2001 from the reserve rollover shall be used to provide funding in the following order: (1) the first $32,000,000 shall be used to provide in the following order, $6,300,000 to the LaShawn Receivership, $13,000,000 to the Commission on Mental Health, $12,079,000 to the District of Columbia Public Schools, and $621,000 to the Office of the Mayor, if the Chief Financial Officer certifies that the first $32,000,000 is not required to replace funds expended in fiscal year 2000 from the Reserve established by section 202(i) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, Public Law 104-8; (2) the next $37,189,000 shall be used to provide $37,189,000 to Management Savings to the extent, if any, the Chief Financial Officer determines the Management Savings is not achieving the required savings, and the balance, if any, shall be provided in the following order: $10,000,000 to the Children Investment Trust, $1,511,000 to the Department of Parks and Recreation, $1,293,000 to the Department of Fire and Emergency Medical Services, $120,000 to the Commission on the Arts and Humanities, $400,000 to the District of Columbia Public Library, $574,000 to the Office on Aging, $3,296,000 to the Department of Housing and Community Development, $200,000 to the Department of Employment Services, $2,500,000 to the University of the District of Columbia, $1,500,000 to the Department of Public Works, $1,000,000 to the Department of Motor Vehicles, $4,245,000 to the Department of Health, $1,500,000 to the Commission on Latino Affairs, $1,550,000 to the Taxicab Commission, $2,500,000 to the Office of Property Management, and $5,000,000 for the savings associated with the implementation of the Cafeteria Plan, if the Chief Financial Officer certifies that the $37,189,000 is not required to replace funds expended in fiscal year 2000 from the Reserve established by section 202(i) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, Public Law 104-8, in fiscal year 2000, and that all the savings are being achieved from the Management Savings; (3) the next $10,000,000 shall be used to provide $6,232,000 to Operational Improvement to the extent, if any, the Chief Financial Officer determines the Operational Improvement is not achieving the required savings, and the balance, if any, shall be provided in the following order: $100,000 to the Civilian Complaint Review Board, $200,000 to the Metropolitan Police Department for the Emergency Response Team, $1,042,000 to be used for Training, and $4,890,000 to the Settlement and Judgments Funds, if the Chief Financial Officer certifies that the $6,232,000 is not required to replace funds expended in fiscal year 2000 from the Reserve established by section 202(i) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, Public Law 104-8, in fiscal year 2000 and that all the savings are being achieved from the Operational Improvement Savings; and (4) the balance shall be used for Pay-As-You-Go Capital Funds in lieu of capital financing if the Chief Financial Officer certifies that the balance is not required to replace funds expended in fiscal year 2000 from the Reserve established by section 202(i) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, Public Law 104-8: Provided further, That section 202(j) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat. 109; D.C. Code, sec. 47-392.2(j)), is amended as follows:

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 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, and D.C. Code, sec. 1-1803), $5,961,000, 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 with the Chief Financial Officer and the District of Columbia Financial Responsibility and Management Assistance Authority, shall make reductions of $10,000,000 for operational improvements savings in local funds to one or more of the appropriation headings in this Act.

Management Reform Savings

    The Mayor and the Council in consultation with the Chief Financial Officer and the District of Columbia Financial Responsibility and Management Assistance Authority, shall make reductions of $37,000,000 for management reform savings in local funds to one or more of the appropriation headings in this Act.

Cafeteria Plan Savings

    For the implementation of a Cafeteria Plan pursuant to Federal law, a reduction of $5,000,000 in local funds.

ENTERPRISE AND OTHER FUNDS

Water and Sewer Authority and the Washington Aqueduct

    For operation of the Water and Sewer Authority and the Washington Aqueduct, $275,705,000 from other funds (including $230,614,000 for the Water and Sewer Authority and $45,091,000 for the Washington Aqueduct) of which $41,503,000 shall be apportioned and payable to the District’s debt service fund for repayment of loans and interest incurred for capital improvement projects.

    For construction projects, $140,725,000, as authorized by the Act entitled ‘An Act authorizing the laying of watermains and service sewers in the District of Columbia, the levying of assessments therefor, and for other purposes’ (33 Stat. 244; Public Law 58-140; D.C. Code, sec. 43-1512 et seq.): Provided, That the requirements and restrictions that are applicable to general fund capital improvements projects and set forth in this Act under the Capital Outlay appropriation title shall apply to projects approved under this appropriation title.

Lottery and Charitable Games Enterprise Fund

    For the Lottery and Charitable Games Enterprise Fund, established by the District of Columbia Appropriation Act for the fiscal year ending September 30, 1982 (95 Stat. 1174, 1175; Public Law 97-91), for the purpose of implementing the Law to Legalize Lotteries, Daily Numbers Games, and Bingo and Raffles for Charitable Purposes in the District of Columbia (D.C. Law 3 172; D.C. Code, sec. 2-2501 et seq. and sec. 22-1516 et seq.), $223,200,000: Provided, That the District of Columbia shall identify the source of funding for this appropriation title from the District’s own locally generated revenues: Provided further, That no revenues from Federal sources shall be used to support the operations or activities of the Lottery and Charitable Games Control Board.

Sports and Entertainment Commission

    For the Sports and Entertainment Commission, $10,968,000 from other funds: Provided, That the Mayor shall submit a budget for the Armory Board for the forthcoming fiscal year as required by section 442(b) of the District of Columbia Home Rule Act (87 Stat. 824; Public Law 93-198; D.C. Code, sec. 47-301(b)).

District of Columbia Health and Hospitals Public Benefit Corporation

    For the District of Columbia Health and Hospitals Public Benefit Corporation, established by D.C. Law 11-212, D.C. Code, sec. 32-262.2, $123,548,000 of which $45,313,000 shall be derived by transfer from the general fund, and $78,235,000 from other funds: Provided, That no appropriated amounts and no amounts from or guaranteed by the District of Columbia government (including the District of Columbia Financial Responsibility and Management Assistance Authority) may be made available to the Corporation (through reprogramming, transfers, loans, or any other mechanism) which are not otherwise provided for under this heading.

District of Columbia Retirement Board

    For the District of Columbia Retirement Board, established by section 121 of the District of Columbia Retirement Reform Act of 1979 (93 Stat. 866; D.C. Code, sec. 1-711), $11,414,000 from the earnings of the applicable retirement funds to pay legal, management, investment, and other fees and administrative expenses of the District of Columbia Retirement Board: Provided, That the District of Columbia Retirement Board shall provide to the Congress and to the Council of the District of Columbia a quarterly report of the allocations of charges by fund and of expenditures of all funds: Provided further, That the District of Columbia Retirement Board shall provide the Mayor, for transmittal to the Council of the District of Columbia, an itemized accounting of the planned use of appropriated funds in time for each annual budget submission and the actual use of such funds in time for each annual audited financial report.

Correctional Industries Fund

    For the Correctional Industries Fund, established by the District of Columbia Correctional Industries Establishment Act (78 Stat. 1000; Public Law 88-622), $1,808,000 from other funds.

Washington Convention Center Enterprise Fund

    For the Washington Convention Center Enterprise Fund, $52,726,000 from other funds.

Capital Outlay

(INCLUDING RESCISSIONS)

    For construction projects, an increase of $1,077,282,000 of which $806,787,000 is from local funds, $66,446,000 is from highway trust funds and $204,049,000 is from Federal funds, and a rescission of $55,208,000 from local funds appropriated under this heading in prior fiscal years, for a net amount of $1,022,074,000 to remain available until expended: Provided, That funds for use of each capital project implementing agency shall be managed and controlled in accordance with all procedures and limitations established under the Financial Management System: Provided further, That all funds provided by this appropriation title shall be available only for the specific projects and purposes intended: Provided further, That notwithstanding the foregoing, all authorizations for capital outlay projects, except those projects covered by the first sentence of section 23(a) of the Federal Aid Highway Act of 1968 (82 Stat. 827; Public Law 90-495; D.C. Code, sec. 7-134, note), for which funds are provided by this appropriation title, shall expire on September 30, 2002, except authorizations for projects as to which funds have been obligated in whole or in part prior to September 30, 2002: Provided further, That upon expiration of any such project authorization, the funds provided herein for the project shall lapse.

General Provisions

    SEC. 101. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.

    SEC. 102. Except as otherwise provided in this Act, all vouchers covering expenditures of appropriations contained in this Act shall be audited before payment by the designated certifying official, and the vouchers as approved shall be paid by checks issued by the designated disbursing official.

    SEC. 103. 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. 104. Appropriations in this Act shall be available, when authorized by the Mayor, for allowances for privately owned automobiles and motorcycles used for the performance of official duties at rates established by the Mayor: Provided, That such rates shall not exceed the maximum prevailing rates for such vehicles as prescribed in the Federal Property Management Regulations 101-7 (Federal Travel Regulations).

    SEC. 105. 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. 106. 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. 107. (a) REQUIRING MAYOR TO MAINTAIN INDEX- Effective with respect to fiscal year 2001 and each succeeding fiscal year, the Mayor of the District of Columbia shall maintain an index of all employment personal services and consulting contracts in effect on behalf of the District government, and shall include in the index specific information on any severance clause in effect under any such contract.

    (b) PUBLIC INSPECTION- The index maintained under subsection (a) shall be kept available for public inspection during regular business hours.

    (c) CONTRACTS EXEMPTED- Subsection (a) shall not apply with respect to any collective bargaining agreement or any contract entered into pursuant to such a collective bargaining agreement.

    (d) DISTRICT GOVERNMENT DEFINED- In this section, the term ‘District government’ means the government of the District of Columbia, including--

      (1) any department, agency or instrumentality of the government of the District of Columbia;

      (2) any independent agency of the District of Columbia established under part F of title IV of the District of Columbia Home Rule Act or any other agency, board, or commission established by the Mayor or the Council;

      (3) the Council of the District of Columbia;

      (4) any other agency, public authority, or public benefit corporation which has the authority to receive monies directly or indirectly from the District of Columbia (other than monies received from the sale of goods, the provision of services, or the loaning of funds to the District of Columbia); and

      (5) the District of Columbia Financial Responsibility and Management Assistance Authority.

    (e) No payment shall be made pursuant to any such contract subject to subsection (a), nor any severance payment made under such contract, if a copy of the contract has not been filed in the index. Interested parties may file copies of their contract or severance agreement in the index on their own behalf.

    SEC. 108. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

    SEC. 109. 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. 110. 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. 111. 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. 112. 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. 113. 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. 114. The Mayor shall not borrow any funds for capital projects unless the Mayor has obtained prior approval from the Council of the District of Columbia, by resolution, identifying the projects and amounts to be financed with such borrowings.

    SEC. 115. The Mayor shall not expend any moneys borrowed for capital projects for the operating expenses of the District of Columbia government.

    SEC. 116. 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 the 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. 117. None of the Federal funds provided in this Act shall be obligated or expended to provide a personal cook, chauffeur, or other personal servants to any officer or employee of the District of Columbia government.

    SEC. 118. None of the Federal funds provided in this Act shall be obligated or expended to procure passenger automobiles as defined in the Automobile Fuel Efficiency Act of 1980 (94 Stat. 1824; Public Law 96-425; 15 U.S.C. 2001(2)), with an Environmental Protection Agency estimated miles per gallon average of less than 22 miles per gallon: Provided, That this section shall not apply to security, emergency rescue, or armored vehicles.

    SEC. 119. 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. 120. 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. 121. 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. 122. 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. 123. 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. 124. (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. 125. 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. 126. (a) The University of the District of Columbia shall submit to the Mayor, the District of Columbia Financial Responsibility and Management Assistance Authority and the Council of the District of Columbia 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 and responsibility center, and contract identifying codes used by the University of the District of Columbia; 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 have been made by the University of the District of Columbia within the last quarter in compliance with applicable law; and

      (5) changes made in the last quarter to the organizational structure of the University of the District of Columbia, displaying 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 Mayor, the Authority, and the Council shall provide the Congress by February 1, 2001, a summary, analysis, and recommendations on the information provided in the quarterly reports.

    SEC. 127. (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. 128. (a) CONDITIONS FOR GRANTING PREFERENCE IN USE OF SURPLUS SCHOOL PROPERTIES TO PUBLIC CHARTER SCHOOLS-

      (1) IN GENERAL- Section 2209(b)(1)(A) of the District of Columbia School Reform Act of 1995 (sec. 31-2853.19(b)(1)(A), D.C. Code) is amended--

        (A) by striking ‘purchase or lease’ and inserting ‘purchase, lease-purchase, or lease’; and

        (B) by striking ‘, provided that’ and all that follows and inserting a period.

      (2) PROPERTY SUBJECT TO PREFERENCE- Section 2209(b)(1)(B)(iii) of such Act (sec. 31-2853.19(b)(1)(B)(iii), D.C. Code) is amended to read as follows:

          ‘(iii) with respect to which the Authority or the Board of Education has transferred jurisdiction to the Mayor at any time prior or subsequent to the date of the enactment of this title.’.

    (b) PROCEDURES FOR DISPOSITION OF PROPERTY- Section 2209(b)(1) of such Act (sec. 31-2853.19(b)(1), D.C. Code) is amended by adding at the end the following new subparagraphs:

        ‘(C) DISPOSITION TO PUBLIC CHARTER SCHOOLS-

          ‘(i) IN GENERAL- Public charter schools shall have the priority right to lease, lease-purchase, or purchase any vacant facility or property described in subparagraph (B), and any facility or property described in subparagraph (B) which is leased or occupied as of the date of the enactment of this subparagraph by an entity other than a public charter school.

          ‘(ii) APPRAISAL OF PROPERTY- When a public charter school notifies the Mayor of its intention to exercise its rights under clause (i), the Mayor shall obtain within 90 days an independent fair market appraisal of the facility or property based on its current permitted use, and shall transmit a copy of the appraisal to the public charter school. The public charter school shall have 30 days from the date of receipt of the appraisal to enter into a contract for the purchase, lease-purchase, or lease of such facility or property, which time may be extended by mutual agreement. Upon execution of the contract, the public charter school shall have 180 days to complete the acquisition of the property.

          ‘(iii) PRICES-

            ‘(I) PURCHASE- The purchase price of a facility or property described in this clause and in subparagraph (B) shall be the fair market value of the facility or property, less a 25 percent discount.

            ‘(II) LEASE- The lease price of a facility or property described in this clause and in subparagraph (B) shall be the price charged by the District of Columbia to other nonprofit organizations leasing public facilities or, if there is no nonprofit rate, fair market value less a 25 percent discount. The price shall be reduced to take into account the value of any improvement to the public school facility or property which is preapproved by the Mayor.

            ‘(III) LEASE-PURCHASE- A lease-purchase price of a facility or property described in this clause and in subparagraph (B) shall reflect a 25 percent discount from fair market value, in a manner consistent with subclauses (I) and (II).

          ‘(iv) QUARTERLY REPORT- On January 1, April 1, July 1, and October 1 of each calendar year, the Mayor shall publish a report describing the status of each facility or property described in subparagraph (B), including the date of expiration of the lease term or right of occupancy, if any, and the date, if any, each facility or property was or will be put out for bid or transferred to a District of Columbia agency, if any. The Mayor shall deliver such report to each eligible chartering authority and shall publish it in the District of Columbia register.

        ‘(D) DISPOSITION OF FACILITIES OR PROPERTIES AFTER EXCLUSIVE PERIOD-

          ‘(i) IN GENERAL- The Mayor may put out for bid to the public or transfer to a District of Columbia agency for the use of such agency any facility or property described in this subparagraph (B) which was not acquired by a public charter school pursuant to subparagraph (C).

          ‘(ii) NOTICE- At least 90 days prior to putting any such facility property out for bid or transferring it to a District of Columbia agency, the Mayor shall notify each eligible chartering authority in writing of his intention to do so.

          ‘(iii) PUBLIC CHARTER SCHOOL RIGHT TO ACQUIRE BEFORE BID OR TRANSFER- Prior to the expiration of the 90-day notice period described in clause (ii), a public charter school may purchase, lease-purchase, or lease any facility or property described in the notice under the terms described in clause (iii) of subparagraph (C).

          ‘(iv) PUBLIC CHARTER SCHOOL RIGHT TO MATCH BID- With regard to any facility or property offered for bid under this subparagraph, the Mayor shall notify each eligible chartering authority in writing within 5 days of the amount of the highest acceptable bid. A public charter school may purchase, lease-purchase, or lease such facility or property by submitting a bid for the facility or property within 30 business days of receipt by each eligible chartering authority of such notice. The cost of acquisition shall be as described in clause (iii) of subparagraph (C).

          ‘(v) FACILITIES OR PROPERTIES NOT PUT OUT FOR BID OR TRANSFERRED- A public charter school shall have the right to purchase, lease-purchase, or lease, under the terms described in clause (iii) of subparagraph (C), any facility or property described in this paragraph that has not been put out for bid or transferred to a District of Columbia agency by the Mayor as provided for in this subparagraph.’.

    (c) PREFERENCES FOR USE OF CURRENT PROPERTY- Section 2209(b)(2) of such Act (sec. 31-2853.19(b)(2), D.C. Code) is amended--

      (1) in subparagraph (B)(ii), by striking ‘purposes,’ and inserting ‘purposes directly related to its mission,’; and

      (2) by adding at the end the following new subparagraph:

        ‘(C) PREFERENCE DESCRIBED- A public charter school shall have first priority to lease, or otherwise contract for the use of, any property described in subparagraph (B), at a rate which does not exceed the rate charged a private nonprofit entity for the use of a comparable property of the District of Columbia public schools and which is reduced to take into account the value of repairs or improvements made to the facility or property by the public charter school.’.

    (d) EXERCISE OF PREFERENCES BY OTHER ENTITIES- Section 2209(b) of such Act (sec. 31-2853.19(b), D.C. Code) is amended by adding at the end the following new paragraph:

      ‘(3) EXERCISE OF PREFERENCE BY CERTAIN OTHER ENTITIES- A public charter school may delegate to a nonprofit, tax-exempt organization in the District of Columbia the public charter school’s authority under this subsection.’.

    SEC. 129. (a) MODIFICATION OF CONTRACTING REQUIREMENTS-

      (1) CONTRACTS SUBJECT TO NOTICE REQUIREMENTS- Section 2204(c)(1)(A) of the District of Columbia School Reform Act (sec. 31-2853.14(c)(1)(A), D.C. Code) is amended to read as follows:

        ‘(A) NOTICE REQUIREMENT FOR PROCUREMENT CONTRACTS-

          ‘(i) IN GENERAL- Except in the case of an emergency (as determined by the eligible chartering authority of a public charter school), with respect to any procurement contract proposed to be awarded by the public charter school and having a value equal to or exceeding $25,000, the school shall publish a notice of a request for proposals in the District of Columbia Register and newspapers of general circulation not less than 7 days prior to the award of the contract.

          ‘(ii) EXCEPTION FOR CERTAIN CONTRACTS- The notice requirement of clause (i) shall not apply with respect to any contract for the lease or purchase of real property by a public charter school, any employment contract for a staff member of a public charter school, or any management contract entered into by a public charter school and the management company designated in its charter or its petition for a revised charter.’.

      (2) SUBMISSION OF CONTRACTS TO ELIGIBLE CHARTERING AUTHORITY- Section 2204(c)(1)(B) of such Act (sec. 31-2853.14(c)(1)(B), D.C. Code) is amended--

        (A) in the heading, by striking ‘AUTHORITY’ and inserting ‘ELIGIBLE CHARTERING AUTHORITY’;

        (B) in clause (i), by striking ‘Authority’ and inserting ‘eligible chartering authority’; and

        (C) by amending clause (ii) to read as follows:

          ‘(ii) EFFECTIVE DATE OF CONTRACT- A contract described in subparagraph (A) shall become effective on the date that is 10 days after the date the school makes the submission under clause (i) with respect to the contract, or the effective date specified in the contract, whichever is later.’.

    (b) CLARIFICATION OF APPLICATION OF SCHOOL REFORM ACT-

      (1) WAIVER OF DUPLICATE AND CONFLICTING PROVISIONS- Section 2210 of such Act (sec. 31-2853.20, D.C. Code) is amended by adding at the end the following new subsection:

    ‘(d) WAIVER OF APPLICATION OF DUPLICATE AND CONFLICTING PROVISIONS- Notwithstanding any other provision of law, and except as otherwise provided in this title, no provision of any law regarding the establishment, administration, or operation of public charter schools in the District of Columbia shall apply with respect to a public charter school or an eligible chartering authority to the extent that the provision duplicates or is inconsistent with any provision of this title.’.

      (2) EFFECTIVE DATE- The amendments made by this subsection shall take effect as if included in the enactment of the District of Columbia School Reform Act of 1995.

    (c) Licensing Requirements for Preschool or Prekindergarten Programs-

      (1) IN GENERAL- Section 2204(c) of such Act (sec. 31-2853.14(c), D.C. Code) is amended by adding at the end the following new paragraph:

      ‘(18) LICENSING AS CHILD DEVELOPMENT CENTER- A public charter school which offers a preschool or prekindergarten program shall be subject to the same child care licensing requirements (if any) which apply to a District of Columbia public school which offers such a program.’.

      (2) CONFORMING AMENDMENTS- (A) Section 2202 of such Act (sec. 31-2853.12, D.C. Code) is amended by striking clause (17).

      (B) Section 2203(h)(2) of such Act (sec. 31-2853.13(h)(2), D.C. Code) is amended by striking ‘(17),’.

    (d) Section 2403 of the District of Columbia School Reform Act of 1995 (sec. 31-2853.43, D.C. Code) is amended by adding at the end the following new subsection:

    ‘(c) ASSIGNMENT OF PAYMENTS- A public charter school may assign any payments made to the school under this section to a financial institution for use as collateral to secure a loan or for the repayment of a loan.’.

    (e) Section 2210 of the District of Columbia School Reform Act of 1995 (sec. 31-2853.20, D.C. Code), as amended by subsection (b), is further amended by adding at the end the following new subsection:

    ‘(e) PARTICIPATION IN GSA PROGRAMS-

      ‘(1) IN GENERAL- Notwithstanding any provision of this Act or any other provision of law, a public charter school may acquire goods and services through the General Services Administration and may participate in programs of the Administration in the same manner and to the same extent as any entity of the District of Columbia government.

      ‘(2) PARTICIPATION BY CERTAIN ORGANIZATIONS- A public charter school may delegate to a nonprofit, tax-exempt organization in the District of Columbia the public charter school’s authority under paragraph (1).’.

    SEC. 130. 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. 131. 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. 132. The Superintendent of the District of Columbia Public Schools shall submit to the Congress, the Mayor, the District of Columbia Financial Responsibility and Management Assistance Authority, and the Council of the District of Columbia 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, agency reporting code, and object class, and for all funds, including 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 agency reporting code, 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 the District of Columbia Public Schools; 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) changes made in the last quarter to the organizational structure of the District of Columbia Public Schools, displaying 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.

    SEC. 133. (a) IN GENERAL- The Superintendent of the District of Columbia Public Schools and the University of the District of Columbia 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 set forth--

      (1) the number of validated schedule A positions in the District of Columbia public schools and the University of the District of Columbia for fiscal year 2000, 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; and

      (2) a compilation of all employees in the District of Columbia public schools and the University of the District of Columbia 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.

    (b) SUBMISSION- The annual report required by subsection (a) of this section shall 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.

    SEC. 134. (a) No later than November 1, 2000, or within 30 calendar days after the date of the enactment of this Act, which ever occurs later, and each succeeding year, the Superintendent of the District of Columbia Public Schools and the University of the District of Columbia 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 the University of the District of Columbia for such fiscal year 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.

    (b) The revised budget required by subsection (a) of this section shall be submitted in the format of the budget that the Superintendent of the District of Columbia Public Schools and the University of the District of Columbia 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. 135. 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. 136. (a) ACCEPTANCE AND USE OF GRANTS NOT INCLUDED IN CEILING UNDER ‘DIVISION OF EXPENSES’-

      (1) IN GENERAL- The Mayor, in consultation with the Chief Financial Officer, during a control year, as defined in section 305(4) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (Public Law 104-8; 109 Stat. 152), may accept, obligate, and expend Federal, private, and other grants received by the District government that are not reflected in the amounts appropriated in this Act.

      (2) REQUIREMENT OF CHIEF FINANCIAL OFFICER REPORT AND AUTHORITY APPROVAL- No such Federal, private, or other grant may be accepted, obligated, or expended pursuant to paragraph (1) until--

        (A) the Chief Financial Officer of the District of Columbia submits to the Authority a report setting forth detailed information regarding such grant; and

        (B) the Authority has reviewed and approved the acceptance, obligation, and expenditure of such grant in accordance with review and approval procedures consistent with the provisions of the District of Columbia Financial Responsibility and Management Assistance Act of 1995.

      (3) PROHIBITION ON SPENDING IN ANTICIPATION OF APPROVAL OR RECEIPT- No amount may be obligated or expended from the general fund or other funds of the District government in anticipation of the approval or receipt of a grant under paragraph (2)(B) of this subsection or in anticipation of the approval or receipt of a Federal, private, or other grant not subject to such paragraph.

      (4) QUARTERLY REPORTS- The Chief Financial Officer of the District of Columbia shall prepare a quarterly report setting forth detailed information regarding all Federal, private, and other grants subject to this subsection. Each such report shall be submitted to the Council of the District of Columbia, and to the Committees on Appropriations of the House of Representatives and the Senate, not later than 15 days after the end of the quarter covered by the report.

    (b) REPORT ON EXPENDITURES BY FINANCIAL RESPONSIBILITY AND MANAGEMENT ASSISTANCE AUTHORITY- Not later than 20 calendar days after the end of each fiscal quarter starting October 1, 2000, the Authority shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Government Reform of the House, and the Committee on Governmental Affairs of the Senate providing an itemized accounting of all non-appropriated funds obligated or expended by the Authority for the quarter. The report shall include information on the date, amount, purpose, and vendor name, and a description of the services or goods provided with respect to the expenditures of such funds.

    SEC. 137. 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. 138. (a) Notwithstanding any other provision of law, rule, or regulation, an employee of the District of Columbia public schools shall be--

      (1) classified as an Educational Service employee;

      (2) placed under the personnel authority of the Board of Education; and

      (3) subject to all Board of Education rules.

    (b) School-based personnel shall constitute a separate competitive area from nonschool-based personnel who shall not compete with school-based personnel for retention purposes.

    SEC. 139. (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. 140. (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- The District of Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C. Code, sec. 1-601.1 et seq.), is further amended in section 2408(a) by striking ‘2000’ and inserting, ‘2001’; in subsection (b), by striking ‘2000’ and inserting ‘2001’; in subsection (i), by striking ‘2000’ and inserting, ‘2001’; and in subsection (k), by striking ‘2000’ and inserting, ‘2001’.

    (c) No officer or employee of the District of Columbia government (including any independent agency of the District but excluding the District of Columbia Financial Responsibility and Management Assistance Authority, the Metropolitan Police Department, and the Office of the Chief Technology Officer) may enter into an agreement in excess of $2,500 for the procurement of goods or services on behalf of any entity of the District government until the officer or employee has conducted an analysis of how the procurement of the goods and services involved under the applicable regulations and procedures of the District government would differ from the procurement of the goods and services involved under the Federal supply schedule and other applicable regulations and procedures of the General Services Administration, including an analysis of any differences in the costs to be incurred and the time required to obtain the goods or services.

    SEC. 141. 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. 142. (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. 143. 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 2000 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. 144. Nothing in this Act shall be construed to authorize any office, agency or entity to expend funds for programs or functions for which a reorganization plan is required but has not been approved by the District of Columbia Financial Responsibility and Management Assistance Authority. Appropriations made by this Act for such programs or functions are conditioned only on the approval by the Authority of the required reorganization plans.

    SEC. 145. 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.

    SEC. 146. 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. 147. None of the funds contained in this Act may be used to transfer or confine inmates classified above the medium security level, as defined by the Federal Bureau of Prisons classification instrument, to the Northeast Ohio Correctional Center located in Youngstown, Ohio.

    SEC. 148. (a) Section 202(j) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (sec. 47-392.2(j), D.C. Code), as amended by section 148(a) of the District of Columbia Appropriations Act, 2000, is amended to read as follows:

    ‘(j) RESERVE-

      ‘(1) IN GENERAL- Beginning with fiscal year 2000, the financial plan or budget submitted pursuant to this Act shall contain $150,000,000, to remain available until expended, for a reserve to be established by the Mayor, Council of the District of Columbia, Chief Financial Officer for the District of Columbia, and the District of Columbia Financial Responsibility and Management Assistance Authority.

      ‘(2) CONDITIONS ON USE- The reserve funds--

        ‘(A) shall only be expended according to criteria established by the Chief Financial Officer and approved by the Mayor, Council of the District of Columbia, and District of Columbia Financial Responsibility and Management Assistance Authority;

        ‘(B) shall not be used to fund the agencies of the District of Columbia government under court ordered receivership; and

        ‘(C) shall not be used to fund shortfalls in the projected reductions budgeted in the budget proposed by the District of Columbia government for general supply schedule savings, management reform savings, and cafeteria plan savings.

      ‘(3) REPORT REQUIREMENT- The Authority shall notify the Committees on Appropriations of the Senate and House of Representatives in writing 30 days in advance of any expenditure of the reserve funds.

      ‘(4) REPLENISHMENT- Any amount of the reserve funds which is expended in 1 fiscal year shall be replenished in the reserve funds from the following fiscal year appropriations to maintain the $150,000,000 balance.’.

    (b) Section 202(k) of such Act (sec. 47-392.2(k), D.C. Code), as amended by section 148(b) of the District of Columbia Appropriations Act, 2000, is amended to read as follows:

    ‘(k) POSITIVE FUND BALANCE-

      ‘(1) IN GENERAL- The District of Columbia shall maintain at the end of a fiscal year an annual positive fund balance in the general fund of not less than 4 percent of the projected general fund expenditures for the following fiscal year.

      ‘(2) EXCESS FUNDS- Of funds remaining in excess of the amounts required by paragraph (1)--

        ‘(A) not more than 50 percent may be used for authorized non-recurring expenses; and

        ‘(B) not less than 50 percent shall be used to reduce the debt of the District of Columbia.’.

    (c) The amendments made by this section shall take effect as if included in the enactment of the District of Columbia Appropriations Act, 2000.

    SEC. 149. Subsection 3(e) of Public Law 104-21 (D.C. Code sec. 7-134.2(e)) is amended to read as follows:

    ‘(e) INSPECTOR GENERAL AUDIT- Not later than February 1, 2001, and each February 1, thereafter, the Inspector General of the District of Columbia shall audit the financial statements of the District of Columbia Highway Trust Fund for the preceding fiscal year and shall submit to Congress a report on the results of such audit. Not later than May 31, 2001, and each May 31, thereafter, the Inspector General shall examine the statements forecasting the conditions and operations of the Trust Fund for the next 5 fiscal years commencing on the previous October 1 and shall submit to Congress a report on the results of such examination.’.

    SEC. 150. 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.

    SEC. 151. (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 for 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. 152. (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 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 30day 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. 153. (a) CERTIFICATION- None of the funds contained in this Act may be used after the expiration of the 30-day period that begins on the date of the enactment of this Act to pay the salary of any chief financial officer of any office of the District of Columbia government (including the District of Columbia Financial Responsibility and Management Assistance Authority and any independent agency of the District) who has not filed a certification with the Mayor and the Chief Financial Officer of the District of Columbia that the officer understands the duties and restrictions applicable to the officer as a result of this Act (and the amendments made by this Act), including any duty to prepare a report requested either in the Act or in any of the reports accompanying the Act and the deadline by which each report must be submitted, and the District’s Chief Financial Officer shall provide to the Committees on Appropriations of the Senate and the House of Representatives by the 10th day after the end of each quarter a summary list showing each report, the due date and the date submitted to the Committees.

    (b) PENALTY- Any chief financial officer who carries out any activity in violation of any provision of this Act or any amendment made by this Act shall be subject to a civil money penalty in accordance with applicable District of Columbia law.

    SEC. 154. (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. 201 et seq.

    (b) Subsection (a) of this section shall be effective December 27, 1996 in order to ratify and approve the Resolution and Order of the District of Columbia Financial Responsibility and Management Assistance Authority, dated December 27, 1996.

    SEC. 155. 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 management 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. 156. 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. 157. (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 know as Initiative 59, approved by the electors of the District of Columbia on November 3, 1998, shall not take effect.

    SEC. 158. Notwithstanding any other provision of law, the Mayor of the District of Columbia, in consultation with the committee established under section 603(e)(2)(B) of the Student Loan Marketing Association Reorganization Act of 1996 (Public Law 104-208; 110 Stat. 8009-293, as amended by Public Law 106-113; 113 Stat. 1526), is hereby authorized to allocate the District’s limitation amount of qualified zone academy bonds (established pursuant to 26 U.S.C. 1397E) among qualified zone academies within the District.

    SEC. 159. (a) Section 11232 of the Balanced Budget Act of 1997 (sec. 24-1232, D.C. Code) is amended--

      (1) by redesignating subsections (f) through (i) as subsections (g) through (j); and

      (2) by inserting after subsection (e) the following new subsection:

    ‘(f) TREATMENT AS FEDERAL EMPLOYEES-

      ‘(1) IN GENERAL- The Trustee and employees of the Trustee who are not covered under subsection (e) shall be treated as employees of the Federal Government solely for purposes of the following provisions of title 5, United States Code:

        ‘(A) Chapter 83 (relating to retirement).

        ‘(B) Chapter 84 (relating to the Federal Employees’ Retirement System).

        ‘(C) Chapter 87 (relating to life insurance).

        ‘(D) Chapter 89 (relating to health insurance).

      ‘(2) EFFECTIVE DATES OF COVERAGE- The effective dates of coverage of the provisions of paragraph (1) are as follows:

        ‘(A) In the case of the Trustee and employees of the Office of the Trustee and the Office of Adult Probation, August 5, 1997, or the date of appointment, whichever is later.

        ‘(B) In the case of employees of the Office of Parole, October 11, 1998, or the date of appointment, whichever is later.

        ‘(C) In the case of employees of the Pretrial Services Agency, January 3, 1999, or the date of appointment, whichever is later.

      ‘(3) RATE OF CONTRIBUTIONS- The Trustee shall make contributions under the provisions referred to in paragraph (1) at the same rates applicable to agencies of the Federal Government.

      ‘(4) REGULATIONS- The Office of Personnel Management shall issue such regulations as are necessary to carry out this subsection.’.

    (b) The amendment made by subsection (a) shall take effect as if included in the enactment of title XI of the Balanced Budget Act of 1997.

    SEC. 160. It is the sense of the Congress that the patients of Saint Elizabeths Hospital and the taxpayers of the District of Columbia are being poorly served by the current facilities and management of the Hospital.

    SEC. 161. It is the sense of the Congress that the District of Columbia Financial Responsibility and Management Assistance Authority should quickly complete the sale of the Franklin School property, a property which has been vacant for over 20 years.

    SEC. 162. It is the sense of the Congress that the District of Columbia government should take all steps necessary to ensure that officials of the District government (including officials of the District of Columbia Financial Responsibility and Management Assistance Authority, independent agencies, boards, commissions, and corporations of the government) maintain a fiduciary duty to the taxpayers of the District in the administration of funds under their control.

    SEC. 163. No amounts may be made available during fiscal year 2001 to the District of Columbia Health and Hospitals Public Benefit Corporation (through reprogramming, transfers, loans, or any other mechanism) other than the amounts which are otherwise provided for the Corporation in this Act under the heading ‘DISTRICT OF COLUMBIA HEALTH AND HOSPITALS PUBLIC BENEFIT CORPORATION’.

    SEC. 164. (a) For each payment or group of payments made by or on behalf of the District of Columbia Health and Hospitals Public Benefit Corporation, the Chief Financial Officer of the District of Columbia shall sign an affidavit certifying that the making of the payment does not constitute a violation of any provision of subchapter III of chapter 13 of title 31, United States Code, or of any provision of this Act.

    (b) More than one payment may be covered by the same affidavit under subsection (a), but a single affidavit may not cover more than one week’s worth of payments.

    (c) It shall be unlawful for any person to order any other person to sign any affidavit required under this section, or for any person to provide any signature required under this section on such an affidavit by proxy or by machine, computer, or other facsimile device.

    SEC. 165. The District of Columbia Health and Hospitals Public Benefit Corporation may not obligate or expend any amounts during fiscal year 2001 unless (at the time of the obligation or expenditure) the Corporation certifies that the obligation or expenditure is within the budget authority provided to the Corporation in this Act.

    SEC. 166. 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. 167. Nothing in this section may be construed to prevent the Council or Mayor of the District of Columbia from addressing the issue of the provision of contraceptive coverage by health insurance plans, but it is the intent of Congress that any legislation enacted on such issue should include a ‘conscience clause’ which provides exceptions for religious beliefs and moral convictions.

    SEC. 168. (a) Chapter 23 of title 11, District of Columbia, is hereby repealed.

    (b) The table of chapters for title 11, District of Columbia, is amended by striking the item relating to chapter 23.

    (c) The amendments made by this section shall take effect on the date on which legislation enacted by the Council of the District of Columbia to establish the Office of the Chief Medical Examiner in the executive branch of the government of the District of Columbia takes effect.

PROMPT PAYMENT OF APPOINTED COUNSEL

    SEC. 169. (a) ASSESSMENT OF INTEREST FOR DELAYED PAYMENTS- If the Superior Court of the District of Columbia or the District of Columbia Court of Appeals does not make a payment described in subsection (b) prior to the expiration of the 45-day period which begins on the date the Court receives a completed voucher for a claim for the payment, interest shall be assessed against the amount of the payment which would otherwise be made to take into account the period which begins on the day after the expiration of such 45-day period and which ends on the day the Court makes the payment.

    (b) PAYMENTS DESCRIBED- A payment described in this subsection is--

      (1) a payment authorized under section 11-2604 and section 11-2605, D.C. Code (relating to representation provided under the District of Columbia Criminal Justice Act);

      (2) a payment for counsel appointed in proceedings in the Family Division of the Superior Court of the District of Columbia under chapter 23 of title 16, D.C. Code; or

      (3) a payment for counsel authorized under section 21-2060, D.C. Code (relating to representation provided under the District of Columbia Guardianship, Protective Proceedings, and Durable Power of Attorney Act of 1986).

    (c) STANDARDS FOR SUBMISSION OF COMPLETED VOUCHERS- The chief judges of the Superior Court of the District of Columbia and the District of Columbia Court of Appeals shall establish standards and criteria for determining whether vouchers submitted for claims for payments described in subsection (b) are complete, and shall publish and make such standards and criteria available to attorneys who practice before such Courts.

    (d) RULE OF CONSTRUCTION- Nothing in this section shall be construed to require the assessment of interest against any claim (or portion of any claim) which is denied by the Court involved.

    (e) EFFECTIVE DATE- This section shall apply with respect to claims received by the Superior Court of the District of Columbia or the District of Columbia Court of Appeals after the expiration of the 90-day period which begins on the date of the enactment of this Act.

    SEC. 170. (a) No person may distribute any needle or syringe for the hypodermic injection of any illegal drug in any area of the District of Columbia which is within 1000 feet of a public or private day care center, elementary school, vocational school, secondary school, college, junior college, or university, or any public housing project, public swimming pool, park, playground, video arcade, or youth center, or an event sponsored by any such entity.

    (b) Whoever violates subsection (a) shall be fined not more than $500 for each needle or syringe distributed in violation of such subsection.

    (c) Notwithstanding any other provision of law, any amount collected by the District of Columbia pursuant to subsection (b) shall be deposited in a separate account of the General Fund of the District of Columbia and used exclusively to carry out (either directly or by contract) drug prevention or treatment programs. For purposes of this subsection, no program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug may be considered a drug prevention or treatment program.

BANNING POSSESSION OF TOBACCO PRODUCTS BY MINORS

    SEC. 171. (a) IN GENERAL- It shall be unlawful for any individual under 18 years of age to possess any cigarette or other tobacco product in the District of Columbia.

    (b) EXCEPTIONS-

      (1) POSSESSION IN COURSE OF EMPLOYMENT- Subsection (a) shall not apply with respect to an individual making a delivery of cigarettes or tobacco products in pursuance of employment.

      (2) PARTICIPATION IN LAW ENFORCEMENT OPERATION- Subsection (a) shall not apply with respect to an individual possessing products in the course of a valid, supervised law enforcement operation.

    (c) PENALTIES- Any individual who violates subsection (a) shall be subject to the following penalties:

      (1) For any violation, the individual may be required to perform community service or attend a tobacco cessation program.

      (2) Upon the first violation, the individual shall be subject to a civil penalty not to exceed $50.

      (3) Upon the second and each subsequent violation, the individual shall be subject to a civil penalty not to exceed $100.

      (4) Upon the third and each subsequent violation, the individual may have his or her driving privileges in the District of Columbia suspended for a period of 90 consecutive days.

    (d) EFFECTIVE DATE- This section shall apply during fiscal year 2001 and each succeeding fiscal year.

    This Act may be cited as the ‘District of Columbia Appropriations Act, 2001’.

Passed the House of Representatives September 14, 2000.

Attest:

Clerk.

106th CONGRESS

2d Session

H. R. 4942

AN ACT

Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending September 30, 2001, and for other purposes.