[Congressional Record (Bound Edition), Volume 146 (2000), Part 14]
[Senate]
[Pages 20082-20091]
[From the U.S. Government Publishing Office, www.gpo.gov]



             DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 2001

  On September 27, 2000, the Senate amended and passed H.R. 4942, as 
follows:

       Resolved, That the bill from the House of Representatives 
     (H.R. 4942) entitled ``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.'', do pass with the following amendment:
       Strike out all after the enacting clause and insert:
     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the District of 
     Columbia for the fiscal year ending September 30, 2001, and 
     for other purposes, namely:

                             FEDERAL FUNDS

              Federal Payment for Resident Tuition Support

       For a Federal payment to the District of Columbia for a 
     nationwide program to be administered by the Mayor for 
     District of Columbia resident tuition support, $17,000,000, 
     to remain available until expended: Provided, That such funds 
     may be used on behalf of eligible District of Columbia 
     residents to pay an amount based upon the difference between 
     in-State and out-of-State tuition at public institutions of 
     higher education, usable at both public and private 
     institutions of higher education: Provided further, That the 
     awarding of such funds may be prioritized on the basis of a 
     resident's academic merit and such other factors as may be 
     authorized.

        Federal Payment for Incentives for Adoption of Children

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

         Federal Payment for Commercial Revitalization Program

       For a Federal payment to the District of Columbia, 
     $1,500,000, to remain available until expended, for the 
     Mayor, in consultation with the Council of the District of 
     Columbia, to provide offsets against local taxes for a 
     commercial revitalization program, such program to provide 
     financial inducements, including loans, grants, offsets to 
     local taxes and other instruments that promote commercial 
     revitalization in Enterprise Zones and low and moderate 
     income areas in the District of Columbia: Provided, That in 
     carrying out such a program, the Mayor shall use Federal 
     commercial revitalization proposals introduced in Congress as 
     a guideline: Provided further, That not later than 180 days 
     after the date of the enactment of this Act, the Mayor shall 
     report to the Committees on Appropriations of the Senate and 
     House of Representatives on the progress made in carrying out 
     the commercial revitalization program.

       Federal Payment to the District of Columbia Public Schools

       For a Federal payment to the District of Columbia Public 
     Schools, $500,000: Provided, That $250,000 of said amount 
     shall be used for a program to reduce school violence: 
     Provided further, That $250,000 of said amount shall be used 
     for a program to enhance the reading skills of District 
     public school students.

              Federal Payment to Covenant House Washington

       For a Federal payment to Covenant House Washington for a 
     contribution to the construction in Southeast Washington of a 
     new community service center for homeless, runaway and at-
     risk youth, $500,000.

    Federal Payment to the District of Columbia Corrections Trustee 
                               Operations

       For salaries and expenses of the District of Columbia 
     Corrections Trustee, $134,200,000 for the administration and 
     operation of correctional facilities and for the 
     administrative operating costs of the Office of the 
     Corrections Trustee, as authorized by section 11202 of the 
     National Capital Revitalization and Self-Government 
     Improvement Act of 1997 (Public Law 105-33; 111 Stat. 712) of 
     which $1,000,000 is to fund an initiative to improve case 
     processing in the District of Columbia criminal justice 
     system: Provided, That notwithstanding any other provision of 
     law, funds appropriated in this Act for the District of 
     Columbia Corrections Trustee shall be apportioned quarterly 
     by the Office of Management and Budget and obligated and 
     expended in the same manner as funds appropriated for 
     salaries and expenses of other Federal agencies: Provided 
     further, That in addition to the funds

[[Page 20083]]

     provided under this heading, the District of Columbia 
     Corrections Trustee may use any remaining interest earned on 
     the Federal payment made to the Trustee under the District of 
     Columbia Appropriations Act, 1998, to carry out the 
     activities funded under this heading.

           Federal Payment to the District of Columbia Courts

       For salaries and expenses for the District of Columbia 
     Courts, $109,080,000 to be allocated as follows: for the 
     District of Columbia Court of Appeals, $7,709,000; for the 
     District of Columbia Superior Court, $72,399,000; for the 
     District of Columbia Court System, $17,892,000; $5,255,000 to 
     finance a pay adjustment of 8.48 percent for nonjudicial 
     employees; and $5,825,000, including $825,000 for roofing 
     repairs to the facility commonly referred to as the Old 
     Courthouse and located at 451 Indiana Avenue, Northwest, to 
     remain available until September 30, 2002, for capital 
     improvements for District of Columbia courthouse facilities: 
     Provided, That notwithstanding any other provision of law, 
     all amounts under this heading shall be apportioned quarterly 
     by the Office of Management and Budget and obligated and 
     expended in the same manner as funds appropriated for 
     salaries and expenses of other Federal agencies, with payroll 
     and financial services to be provided on a contractual basis 
     with the General Services Administration (GSA), said services 
     to include the preparation of monthly financial reports, 
     copies of which shall be submitted directly by GSA to the 
     President and to the Committees on Appropriations of the 
     Senate and House of Representatives, the Committee on 
     Governmental Affairs of the Senate, and the Committee on 
     Government Reform of the House of Representatives.

            Defender Services in District of Columbia Courts

       For payments authorized under section 11-2604 and section 
     11-2605, D.C. Code (relating to representation provided under 
     the District of Columbia Criminal Justice Act), payments for 
     counsel appointed in proceedings in the Family Division of 
     the Superior Court of the District of Columbia under chapter 
     23 of title 16, D.C. Code, and payments for counsel 
     authorized under section 21-2060, D.C. Code (relating to 
     representation provided under the District of Columbia 
     Guardianship, Protective Proceedings, and Durable Power of 
     Attorney Act of 1986), $38,387,000, to remain available until 
     expended: Provided, That the funds provided in this Act under 
     the heading ``Federal Payment to the District of Columbia 
     Courts'' (other than the $5,825,000 provided under such 
     heading for capital improvements for District of Columbia 
     courthouse facilities) may also be used for payments under 
     this heading: Provided further, That the Joint Committee on 
     Judicial Administration in the District of Columbia shall use 
     funds provided in this Act under the heading ``Federal 
     Payment to the District of Columbia Courts'' (other than the 
     $5,825,000 provided under such heading for capital 
     improvements for District of Columbia courthouse facilities), 
     to make payments described under this heading for obligations 
     incurred during fiscal year 2000 if the Comptroller General 
     certifies that the amount of obligations lawfully incurred 
     for such payments during fiscal year 2000 exceeds the 
     obligational authority otherwise available for making such 
     payments: Provided further, That such funds shall be 
     administered by the Joint Committee on Judicial 
     Administration in the District of Columbia: Provided further, 
     That notwithstanding any other provision of law, this 
     appropriation shall be apportioned quarterly by the Office of 
     Management and Budget and obligated and expended in the same 
     manner as funds appropriated for expenses of other Federal 
     agencies, with payroll and financial services to be provided 
     on a contractual basis with the General Services 
     Administration (GSA), said services to include the 
     preparation of monthly financial reports, copies of which 
     shall be submitted directly by GSA to the President and to 
     the Committees on Appropriations of the Senate and House of 
     Representatives, the Committee on Governmental Affairs of the 
     Senate, and the Committee on Government Reform of the House 
     of Representatives: Provided further, That the District of 
     Columbia Courts shall implement the recommendations in the 
     General Accounting Office Report GAO/AIMD/OGC-99-226 
     regarding payments to court-appointed attorneys and shall 
     report quarterly to the Office of Management and Budget and 
     to the Senate and House of Representatives Appropriations 
     Committees quarterly on the status of these reforms.

 Federal Payment to the Court Services and Offender Supervision Agency 
                      for the District of Columbia

       For salaries and expenses, including the transfer and hire 
     of motor vehicles, of the Court Services and Offender 
     Supervision Agency for the District of Columbia, as 
     authorized by the National Capital Revitalization and Self-
     Government Improvement Act of 1997 (Public Law 105-33; 111 
     Stat. 712), $112,527,000, of which $67,521,000 shall be for 
     necessary expenses of Community Supervision and Sex Offender 
     Registration, to include expenses relating to supervision of 
     adults subject to protection orders or provision of services 
     for or related to such persons; $18,778,000 shall be 
     transferred to the Public Defender Service; and $26,228,000 
     shall be available to the Pretrial Services Agency: Provided, 
     That notwithstanding any other provision of law, all amounts 
     under this heading shall be apportioned quarterly by the 
     Office of Management and Budget and obligated and expended in 
     the same manner as funds appropriated for salaries and 
     expenses of other Federal agencies: Provided further, That 
     notwithstanding section 446 of the District of Columbia Home 
     Rule Act or any provision of subchapter III of chapter 13 of 
     title 31, United States Code, the use of interest earned on 
     the Federal payment made to the District of Columbia Offender 
     Supervision, Defender, and Court Services Agency under the 
     District of Columbia Appropriations Act, 1998, by the Agency 
     during fiscal years 1998 and 1999 shall not constitute a 
     violation of such Act or such subchapter.

                         Metrorail Construction

       For the Washington Metropolitan Area Transit Authority 
     [WMATA], a contribution of $25,000,000 to design and build a 
     Metrorail station located at New York and Florida Avenues, 
     Northeast: Provided, That, prior to the release of said funds 
     from the Treasury, the District of Columbia shall set aside 
     an additional $25,000,000 for this project in its Fiscal Year 
     2001 Budget and Financial Plan and, further, shall establish 
     a special taxing district for the neighborhood of the 
     proposed Metrorail station to provide $25,000,000: Provided 
     further, That the requirements of 49 U.S.C. 5309(a)(2) shall 
     apply to this project.

               Federal Payment for Brownfield Remediation

       For a Federal payment to the District of Columbia, 
     $3,450,000 for environmental and infrastructure costs at 
     Poplar Point: Provided, That of said amount, $2,150,000 shall 
     be available for environmental assessment, site remediation 
     and wetlands restoration of the 11 acres of real property 
     under the jurisdiction of the District of Columbia: Provided 
     further, That no more than $1,300,000 shall be used for 
     infrastructure costs for an entrance to Anacostia Park: 
     Provided further, That none of said funds shall be used by 
     the District of Columbia to purchase private property in the 
     Poplar Point area.

                       Presidential Inauguration

       For a payment to the District of Columbia to reimburse the 
     District for expenses incurred in connection with 
     Presidential inauguration activities, $6,211,000, as 
     authorized by section 737(b) of the District of Columbia Home 
     Rule Act, approved December 24, 1973 (87 Stat. 824; D.C. 
     Code, sec. 1-1132), which shall be apportioned by the Chief 
     Financial Officer within the various appropriation headings 
     in this Act.

                       DISTRICT OF COLUMBIA FUNDS

                           OPERATING EXPENSES

                          Division of Expenses

       The following amounts are appropriated for the District of 
     Columbia for the current fiscal year out of the general fund 
     of the District of Columbia, except as otherwise specifically 
     provided: Provided, That notwithstanding any other provision 
     of law, except as provided in section 450A of the District of 
     Columbia Home Rule Act and section 124 of this Act, the total 
     amount appropriated in this Act for operating expenses for 
     the District of Columbia for fiscal year 2001 under this 
     heading shall not exceed the lesser of the sum of the total 
     revenues of the District of Columbia for such fiscal year or 
     $5,546,536,000 (of which $192,804,000 shall be from intra-
     District funds and $3,096,383,000 shall be from local funds): 
     Provided further, That the Chief Financial Officer of the 
     District of Columbia and the District of Columbia Financial 
     Responsibility and Management Assistance Authority shall take 
     such steps as are necessary to assure that the District of 
     Columbia meets these requirements, including the apportioning 
     by the Chief Financial Officer of the appropriations and 
     funds made available to the District during fiscal year 2001, 
     except that the Chief Financial Officer may not reprogram for 
     operating expenses any funds derived from bonds, notes, or 
     other obligations issued for capital projects.

District of Columbia Financial Responsibility and Management Assistance 
                               Authority

       For the District of Columbia Financial Responsibility and 
     Management Assistance Authority (Authority), established by 
     section 101(a) of the District of Columbia Financial 
     Responsibility and Management Assistance Act of 1995 (109 
     Stat. 97; Public Law 104-8), $6,500,000 from other funds: 
     Provided, That these funds be derived from accounts held by 
     the Authority on behalf of the District of Columbia.

                   Governmental Direction and Support

       Governmental direction and support, $194,271,000 (including 
     $160,672,000 from local funds, $20,424,000 from Federal 
     funds, and $13,175,000 from other funds): Provided, That of 
     the $150,000,000 freed-up appropriations provided for by this 
     Act, $621,000 shall be available to the Office of the Mayor, 
     $2,500,000 to the Office of Property Management, and 
     $1,042,000 to be used for training, prioritized pursuant to 
     an act of the Council: Provided further, That not to exceed 
     $2,500 for the Mayor, $2,500 for the Chairman of the Council 
     of the District of Columbia, and $2,500 for the City 
     Administrator shall be available from this appropriation for 
     official purposes: Provided further, That any program fees 
     collected from the issuance of debt shall be available for 
     the payment of expenses of the debt management program of the 
     District of Columbia: Provided further, That no revenues from 
     Federal sources shall be used to support the operations or 
     activities of the Statehood Commission and Statehood Compact 
     Commission: Provided further, That the District of Columbia 
     shall identify the sources of funding for Admission to 
     Statehood from its own locally-generated revenues: Provided 
     further, That all employees permanently assigned to work in 
     the Office of the Mayor shall be paid from funds allocated to 
     the Office of the Mayor: Provided

[[Page 20084]]

     further, That $303,000 and no fewer than 5 FTEs shall be 
     available exclusively to support the Labor-Management 
     Partnership Council: Provided further, That section 168(a) of 
     the District of Columbia Appropriations Act, 2000 (Public Law 
     106-113; 113 Stat. 1531) is amended by inserting ``, to 
     remain available until expended,'' after ``$5,000,000''.

                  Economic Development and Regulation

       Economic development and regulation, $205,638,000 
     (including $53,562,000 from local funds, $92,378,000 from 
     Federal funds, and $59,698,000 from other funds), of which 
     $15,000,000 collected by the District of Columbia in the form 
     of BID tax revenue shall be paid to the respective BIDs 
     pursuant to the Business Improvement Districts Act of 1996 
     (D.C. Law 11-134; D.C. Code, sec. 1-2271 et seq.), and the 
     Business Improvement Districts Amendment Act of 1997 (D.C. 
     Law 12-26): Provided, That such funds are available for 
     acquiring services provided by the General Services 
     Administration: Provided further, That Business Improvement 
     Districts shall be exempt from taxes levied by the District 
     of Columbia: Provided further, That of the $150,000,000 
     freed-up appropriations provided for by this Act, $3,296,000 
     shall be available to the Department of Housing and Community 
     Development and $200,000 to the Department of Employment 
     Services, prioritized pursuant to an act of the Council.

                       Public Safety and Justice

       Public safety and justice, including purchase or lease of 
     135 passenger-carrying vehicles for replacement only, 
     including 130 for police-type use and five for fire-type use, 
     without regard to the general purchase price limitation for 
     the current fiscal year, and such sums as may be necessary 
     for making refunds and for the payment of judgments that have 
     been entered against the District of Columbia government: 
     Provided, That of the $150,000,000 freed-up appropriations 
     provided for by this Act, $1,293,000 shall be available to 
     the Department of Fire and Emergency Medical Services, 
     $100,000 to Citizen Complaint Review Board, $200,000 to 
     Metropolitan Police Department, and $4,890,000 to the 
     Settlement and Judgments Funds, prioritized pursuant to an 
     act of the Council: $762,346,000 (including $591,365,000 from 
     local funds, $24,950,000 from Federal funds, and $146,031,000 
     from other funds): Provided further, That the Metropolitan 
     Police Department is authorized to replace not to exceed 25 
     passenger-carrying vehicles and the Department of Fire and 
     Emergency Medical Services of the District of Columbia is 
     authorized to replace not to exceed five passenger-carrying 
     vehicles annually whenever the cost of repair to any damaged 
     vehicle exceeds three-fourths of the cost of the replacement: 
     Provided further, That not to exceed $500,000 shall be 
     available from this appropriation for the Chief of Police for 
     the prevention and detection of crime: Provided further, That 
     notwithstanding any other provision of law, or Mayor's Order 
     86-45, issued March 18, 1986, the Metropolitan Police 
     Department's delegated small purchase authority shall be 
     $500,000: Provided further, That the District of Columbia 
     government may not require the Metropolitan Police Department 
     to submit to any other procurement review process, or to 
     obtain the approval of or be restricted in any manner by any 
     official or employee of the District of Columbia government, 
     for purchases that do not exceed $500,000: Provided further, 
     That the Mayor shall reimburse the District of Columbia 
     National Guard for expenses incurred in connection with 
     services that are performed in emergencies by the National 
     Guard in a militia status and are requested by the Mayor, in 
     amounts that shall be jointly determined and certified as due 
     and payable for these services by the Mayor and the 
     Commanding General of the District of Columbia National 
     Guard: Provided further, That such sums as may be necessary 
     for reimbursement to the District of Columbia National Guard 
     under the preceding proviso shall be available from this 
     appropriation, and the availability of the sums shall be 
     deemed as constituting payment in advance for emergency 
     services involved: Provided further, That the Metropolitan 
     Police Department is authorized to maintain 3,800 sworn 
     officers, with leave for a 50 officer attrition: Provided 
     further, That no more than 15 members of the Metropolitan 
     Police Department shall be detailed or assigned to the 
     Executive Protection Unit, until the Chief of Police submits 
     a recommendation to the Council for its review: Provided 
     further, That $100,000 shall be available for inmates 
     released on medical and geriatric parole: Provided further, 
     That commencing on December 31, 1999, the Metropolitan Police 
     Department shall provide to the Committees on Appropriations 
     of the Senate and House of Representatives, the Committee on 
     Governmental Affairs of the Senate, and the Committee on 
     Government Reform of the House of Representatives, quarterly 
     reports on the status of crime reduction in each of the 83 
     police service areas established throughout the District of 
     Columbia: Provided further, That Chapter 23 of Title 11 of 
     the District of Columbia Code is repealed.

                        Public Education System

       Public education system, including the development of 
     national defense education programs, $998,918,000 (including 
     $824,867,000 from local funds, $147,643,000 from Federal 
     funds, and $26,408,000 from other funds), to be allocated as 
     follows: $769,943,000 (including $629,309,000 from local 
     funds, $133,490,000 from Federal funds, and $7,144,000 from 
     other funds), for the public schools of the District of 
     Columbia; $200,000 from local funds for the District of 
     Columbia Teachers' Retirement Fund; $1,679,000 from local 
     funds for the State Education Office; $17,000,000 from local 
     funds, previously appropriated in this Act as a Federal 
     payment, for resident tuition support at public and private 
     institutions of higher learning for eligible District of 
     Columbia residents; $105,000,000 from local funds for public 
     charter schools: Provided, That there shall be quarterly 
     disbursement of funds to the D.C. public charter schools, 
     with the first payment to occur within 15 days of the 
     beginning of each fiscal year: Provided further, That the 
     D.C. public charter schools will report enrollment on a 
     quarterly basis upon which a quarterly disbursement will be 
     calculated: Provided further, That if the entirety of this 
     allocation has not been provided as payments to any public 
     charter schools currently in operation through the per pupil 
     funding formula, the funds shall be available for public 
     education: Provided further, That $480,000 of this amount 
     shall be available to the District of Columbia Public Charter 
     School Board for administrative costs: Provided further, That 
     $76,433,000 (including $44,691,000 from local funds, 
     $13,199,000 from Federal funds, and $18,543,000 from other 
     funds) shall be available for the University of the District 
     of Columbia: Provided further, That $200,000 is allocated for 
     the East of the River Campus Assessment Study, $1,000,000 for 
     the Excel Institute Adult Education Program, $500,000 for the 
     Adult Education State Plan, $650,000 for The Saturday Academy 
     Pre-College Program, and $481,000 for the Strengthening of 
     Academic Programs; and $26,459,000 (including $25,208,000 
     from local funds, $550,000 from Federal funds and $701,000 
     from other funds) for the Public Library: Provided further, 
     That the $1,020,000 enhancement shall be allocated such that 
     $500,000 is used for facilities improvements for 8 of the 26 
     library branches, $235,000 for 13 FTEs for the continuation 
     of the Homework Helpers Program, $166,000 for 3 FTEs in the 
     expansion of the Reach Out And Roar (ROAR) service to license 
     day care homes, and $119,000 for 3 FTEs to expand literacy 
     support into branch libraries: Provided further, That 
     $2,204,000 (including $1,780,000 from local funds, $404,000 
     from Federal funds and $20,000 from other funds) shall be 
     available for the Commission on the Arts and Humanities: 
     Provided further, That the public schools of the District of 
     Columbia are authorized to accept not to exceed 31 motor 
     vehicles for exclusive use in the driver education program: 
     Provided further, That not to exceed $2,500 for the 
     Superintendent of Schools, $2,500 for the President of the 
     University of the District of Columbia, and $2,000 for the 
     Public Librarian shall be available from this appropriation 
     for official purposes: Provided further, That none of the 
     funds contained in this Act may be made available to pay the 
     salaries of any District of Columbia Public School teacher, 
     principal, administrator, official, or employee who knowingly 
     provides false enrollment or attendance information under 
     article II, section 5 of the Act entitled ``An Act to provide 
     for compulsory school attendance, for the taking of a school 
     census in the District of Columbia, and for other purposes'', 
     approved February 4, 1925 (D.C. Code, sec. 31-401 et seq.): 
     Provided further, That this appropriation shall not be 
     available to subsidize the education of any nonresident of 
     the District of Columbia at any District of Columbia public 
     elementary and secondary school during fiscal year 2001 
     unless the nonresident pays tuition to the District of 
     Columbia at a rate that covers 100 percent of the costs 
     incurred by the District of Columbia which are attributable 
     to the education of the nonresident (as established by the 
     Superintendent of the District of Columbia Public Schools): 
     Provided further, That this appropriation shall not be 
     available to subsidize the education of nonresidents of the 
     District of Columbia at the University of the District of 
     Columbia, unless the Board of Trustees of the University of 
     the District of Columbia adopts, for the fiscal year ending 
     September 30, 2001, a tuition rate schedule that will 
     establish the tuition rate for nonresident students at a 
     level no lower than the nonresident tuition rate charged at 
     comparable public institutions of higher education in the 
     metropolitan area: Provided further, That $2,200,000 is 
     allocated to the Temporary 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 
     fiscal year 2001: Provided further, That no less than 
     $436,452,000 shall be expended on local schools through the 
     Weighted Student Formula: Provided further, That 
     notwithstanding any other provision of law, rule, or 
     regulation, the evaluation process and instruments for 
     evaluating District of Columbia Public School employees shall 
     be a non-negotiable item for collective bargaining purposes: 
     Provided further, That of the $150,000,000 freed-up 
     appropriations provided for by this Act, $12,079,000 shall be 
     available to the District of Columbia Public Schools, 
     $120,000 to the Commission on the Arts and Humanities, 
     $400,000 to the District of Columbia Library, and $2,500,000 
     to the University of the District of Columbia for adult basic 
     education, prioritized pursuant to an act of the Council.

                         Human Support Services

       Human support services, $1,532,704,000 (including 
     $634,397,000 from local funds, $881,589,000 from Federal 
     funds, and $16,718,000 from other funds): Provided, That 
     $25,836,000 of

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     this appropriation, to remain available until expended, shall 
     be available solely for District of Columbia employees' 
     disability compensation: Provided further, That of the 
     $150,000,000 freed-up appropriations provided for by this 
     Act, $10,000,000 shall be available to the Children 
     Investment Trust, $1,511,000 to the Department of Parks and 
     Recreation, $574,000 to the Office on Aging, $4,245,000 to 
     the Department of Health, and $1,500,000 to the Commission on 
     Latino Affairs, prioritized pursuant to an act of the 
     Council: Provided further, That the District of Columbia 
     shall not provide free government services such as water, 
     sewer, solid waste disposal or collection, utilities, 
     maintenance, repairs, or similar services to any legally 
     constituted private nonprofit organization, as defined in 
     section 411(5) of the Stewart B. McKinney Homeless Assistance 
     Act (101 Stat. 485; Public Law 100-77; 42 U.S.C. 11371), 
     providing emergency shelter services in the District, if the 
     District would not be qualified to receive reimbursement 
     pursuant to such Act (101 Stat. 485; Public Law 100-77; 42 
     U.S.C. 11301 et seq.): Provided further, That $400,000 shall 
     be available for the administrative costs associated with 
     implementation of the Drug Treatment Choice Program 
     established pursuant to section 4 of the Choice in Drug 
     Treatment Act of 2000, signed by the Mayor on April 20, 2000 
     (D.C. Act 13-329): Provided further, That $7,000,000 shall be 
     available for deposit in the Addiction Recovery Fund 
     established pursuant to section 5 of the Choice in Drug 
     Treatment Act of 2000, signed by the Mayor on April 20, 2000 
     (D.C. Act 13-329): Provided further, That the District of 
     Columbia is authorized to enter into a long-term lease of 
     Hamilton Field with Gonzaga College High School and that, in 
     exchange for such a lease, Gonzaga will introduce and 
     implement a youth baseball program focused on 13 to 18 year 
     old residents, said program to include summer and fall 
     baseball programs and baseball clinics: Provided further, 
     That notwithstanding any other provision of law, the District 
     of Columbia may increase the Human Support Services 
     appropriation under this Act by an amount equal to not more 
     than 15 percent of the local funds in the appropriation in 
     order to augment the District of Columbia subsidy for the 
     Public Benefit Corporation for the purpose of restructuring 
     the delivery of health services in the District of Columbia 
     pursuant to a restructuring plan approved by the Mayor, 
     Council of the District of Columbia, District of Columbia 
     Financial Responsibility and Management Assistance Authority, 
     and Chief Financial Officer.

                              Public Works

       Public works, including rental of one passenger-carrying 
     vehicle for use by the Mayor and three passenger-carrying 
     vehicles for use by the Council of the District of Columbia 
     and leasing of passenger-carrying vehicles, $278,242,000 
     (including $265,078,000 from local funds, $3,328,000 from 
     Federal funds, and $9,836,000 from other funds): Provided, 
     That of the $150,000,000 freed-up appropriations provided for 
     by this Act, $1,500,000 shall be available to Public Works, 
     $1,000,000 to the Department of Motor Vehicles, and 
     $1,550,000 to the Taxicab Commission, prioritized pursuant to 
     an act of the Council: Provided further, That this 
     appropriation shall not be available for collecting ashes or 
     miscellaneous refuse from hotels and places of business: 
     Provided further, That $100,000 be available for a commercial 
     sector recycling initiative: Provided further, That $250,000 
     be available to initiate a recycling education campaign: 
     Provided further, That $10,000 be available for community 
     clean-up kits: Provided further, That $190,000 be available 
     to restore 3.5 percent vacancy rate in Parking Services: 
     Provided further, That $170,000 be available to plant 500 
     trees: Provided further, That $118,000 be available for two 
     water trucks: Provided further, That $150,000 be available 
     for contract monitors and parking analysts within Parking 
     Services: Provided further, That $1,409,000 be available for 
     a neighborhood cleanup initiative: Provided further, That 
     $1,000,000 be available for tree maintenance: Provided 
     further, That $600,000 be available for an anti-graffiti 
     program: Provided further, That $226,000 be available for a 
     hazardous waste program: Provided further, That $1,260,000 be 
     available for parking control aides: Provided further, That 
     $400,000 be available for the Department of Motor Vehicles to 
     hire additional ticket adjudicators, conduct additional 
     hearings, and reduce the waiting time for hearings.

                         Receivership Programs

       For all agencies of the District of Columbia government 
     under court ordered receivership, $389,528,000 (including 
     $234,913,000 from local funds, $135,555,000 from Federal 
     funds, and $19,060,000 from other funds): Provided, That of 
     the $150,000,000 freed-up appropriation provided for by this 
     Act, $6,300,000 shall be available to the LaShawn 
     Receivership and $13,000,000 to the Commission on Mental 
     Health, prioritized pursuant to an act of the Council.

                                Reserve

       For a reserve to be established by the Chief Financial 
     Officer of the District of Columbia and the District of 
     Columbia Financial Responsibility and Management Assistance 
     Authority, $150,000,000 of local funds.

                         Emergency Reserve Fund

       For the emergency reserve fund established under section 
     450A(a) of the District of Columbia Home Rule Act, the amount 
     provided for fiscal year 2001 under such section, to be 
     derived from local funds.

                    Repayment of Loans and Interest

       For payment of principal, interest and certain fees 
     directly resulting from borrowing by the District of Columbia 
     to fund District of Columbia capital projects as authorized 
     by sections 462, 475, and 490 of the District of Columbia 
     Home Rule Act, approved December 24, 1973, $243,238,000 from 
     local funds: Provided, That of the $150,000,000 freed-up 
     appropriations provided for by this Act, the balance 
     remaining after other expenditures shall be used for Pay-As-
     You-Go Capital Funds in lieu of capital financing, 
     prioritized pursuant to an act of the Council: Provided 
     further, That any funds set aside pursuant to section 148 of 
     the District of Columbia Appropriations Act (Public Law 106-
     113; 113 Stat. 1531) that are not used in the reserve funds 
     established herein shall be used for Pay-As-You-Go Capital 
     Funds: Provided further, That for equipment leases, the Mayor 
     may finance $19,232,000 of equipment cost, plus cost of 
     issuance not to exceed 2 percent of the par amount being 
     financed on a lease purchase basis with a maturity not to 
     exceed 5 years: Provided further, That $2,000,000 is 
     allocated to the Metropolitan Police Department, $4,300,000 
     for the Fire and Emergency Medical Services Department, 
     $1,622,000 for the Public Library, $2,010,000 for the 
     Department of Parks and Recreation, $7,500,000 for the 
     Department of Public Works and $1,800,000 for the Public 
     Benefit Corporation.

                Repayment of General Fund Recovery Debt

       For the purpose of eliminating the $331,589,000 general 
     fund accumulated deficit as of September 30, 1990, 
     $39,300,000 from local funds, as authorized by section 461(a) 
     of the District of Columbia Home Rule Act (105 Stat. 540; 
     D.C. Code, sec. 47-321(a)(1)).

              Payment of Interest on Short-Term Borrowing

       For payment of interest on short-term borrowing, $1,140,000 
     from local funds.

                       Presidential Inauguration

       For reimbursement for necessary expenses incurred in 
     connection with Presidential inauguration activities as 
     authorized by section 737(b) of the District of Columbia Home 
     Rule Act, Public Law 93-198, as amended, approved December 
     24, 1973 (87 Stat. 824; D.C. Code, sec. 1-1803), $6,211,000, 
     which shall be apportioned by the Chief Financial Officer 
     within the various appropriation headings in this Act.

                     Certificates of Participation

       For lease payments in accordance with the Certificates of 
     Participation involving the land site underlying the building 
     located at One Judiciary Square, $7,950,000 from local funds.

                            Wilson Building

       For expenses associated with the John A. Wilson Building, 
     $8,409,000.

                 Optical and Dental Insurance Payments

       For optical and dental insurance payments, $2,675,000 from 
     local funds.

                     Management Supervisory Service

       For management supervisory service, $13,200,000 from local 
     funds, to be transferred by the Mayor of the District of 
     Columbia among the various appropriation headings in this Act 
     for which employees are properly payable.

             Tobacco Settlement Trust Fund Transfer Payment

       There is transferred $61,406,000 to the Tobacco Settlement 
     Trust Fund established pursuant to section 2302 of the 
     Tobacco Settlement Trust Fund Establishment Act of 1999, 
     effective October 20, 1999 (D.C. Law 13-38; to be codified at 
     D.C. Code, sec. 6-135), to be spent pursuant to local law.

    Operational Improvements Savings (Including Managed Competition)

       The Mayor and the Council in consultation of with the Chief 
     Financial Officer and the District of Columbia Financial 
     Responsibility and Management Assistance Authority, shall 
     make reductions of $10,000,000 for operational improvements 
     savings in local funds to one or more of the appropriation 
     headings in this Act.

                       Management Reform Savings

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

                             Cafeteria Plan

       For the implementation of a Cafeteria Plan pursuant to 
     Federal law, a reduction of $5,000,000: Provided, That of the 
     $150,000,000 freed-up appropriations provided for by this 
     Act, $5,000,000 shall be available for the savings associated 
     with the implementation of the Cafeteria Plan, prioritized 
     pursuant to an act of the Council.

                       ENTERPRISE AND OTHER FUNDS

         Water and Sewer Authority and the Washington Aqueduct

       For operation of the Water and Sewer Authority and the 
     Washington Aqueduct, $275,705,000 from other funds (including 
     $230,614,000 for the Water and Sewer Authority and 
     $45,091,000 for the Washington Aqueduct) of which $41,503,000 
     shall be apportioned and payable to the District's debt 
     service fund for repayment of loans and interest incurred for 
     capital improvement projects.
       For construction projects, $140,725,000, as authorized by 
     the Act entitled ``An Act authorizing the laying of 
     watermains and service sewers in the District of Columbia, 
     the levying of assessments therefor, and for other purposes''

[[Page 20086]]

     (33 Stat. 244; Public Law 58-140; D.C. Code, sec. 43-1512 et 
     seq.): Provided, That the requirements and restrictions that 
     are applicable to general fund capital improvements projects 
     and set forth in this Act under the Capital Outlay 
     appropriation title shall apply to projects approved under 
     this appropriation title.

              Lottery and Charitable Games Enterprise Fund

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

                  Sports and Entertainment Commission

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

  District of Columbia Health and Hospitals Public Benefit Corporation

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

                 District of Columbia Retirement Board

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

                      Correctional Industries Fund

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

              Washington Convention Center Enterprise Fund

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

                             Capital Outlay


                        (Including Rescissions)

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

                           General Provisions

       Sec. 101. Whenever in this Act, an amount is specified 
     within an appropriation for particular purposes or objects of 
     expenditure, such amount, unless otherwise specified, shall 
     be considered as the maximum amount that may be expended for 
     said purpose or object rather than an amount set apart 
     exclusively therefor.
       Sec. 102. Appropriations in this Act shall be available for 
     expenses of travel and for the payment of dues of 
     organizations concerned with the work of the District of 
     Columbia government, when authorized by the Mayor: Provided, 
     That in the case of the Council of the District of Columbia, 
     funds may be expended with the authorization of the chair of 
     the Council.
       Sec. 103. There are appropriated from the applicable funds 
     of the District of Columbia such sums as may be necessary for 
     making refunds and for the payment of judgments that have 
     been entered against the District of Columbia government: 
     Provided, That nothing contained in this section shall be 
     construed as modifying or affecting the provisions of section 
     11(c)(3) of title XII of the District of Columbia Income and 
     Franchise Tax Act of 1947 (70 Stat. 78; Public Law 84-460; 
     D.C. Code, sec. 47-1812.11(c)(3)).
       Sec. 104. No funds appropriated in this Act for the 
     District of Columbia government for the operation of 
     educational institutions, the compensation of personnel, or 
     for other educational purposes may be used to permit, 
     encourage, facilitate, or further partisan political 
     activities. Nothing herein is intended to prohibit the 
     availability of school buildings for the use of any community 
     or partisan political group during non-school hours.
       Sec. 105. None of the funds appropriated in this Act shall 
     be made available to pay the salary of any employee of the 
     District of Columbia government whose name, title, grade, 
     salary, past work experience, and salary history are not 
     available for inspection by the House and Senate Committees 
     on Appropriations, the Subcommittee on the District of 
     Columbia of the House Committee on Government Reform, the 
     Subcommittee on Oversight of Government Management, 
     Restructuring and the District of Columbia of the Senate 
     Committee on Governmental Affairs, and the Council of the 
     District of Columbia, or their duly authorized 
     representative.
       Sec. 106. There are appropriated from the applicable funds 
     of the District of Columbia such sums as may be necessary for 
     making payments authorized by the District of Columbia 
     Revenue Recovery Act of 1977 (D.C. Law 2-20; D.C. Code, sec. 
     47-421 et seq.).
       Sec. 107. No part of this appropriation shall be used for 
     publicity or propaganda purposes or implementation of any 
     policy including boycott designed to support or defeat 
     legislation pending before Congress or any State legislature.
       Sec. 108. At the start of the fiscal year, the Mayor shall 
     develop an annual plan, by quarter and by project, for 
     capital outlay borrowings: Provided, That within a reasonable 
     time after the close of each quarter, the Mayor shall report 
     to the Council of the District of Columbia and the Congress 
     the actual borrowings and spending progress compared with 
     projections.
       Sec. 109. None of the funds provided under this Act to the 
     agencies funded by this Act, both Federal and District 
     government agencies, that remain available for obligation or 
     expenditure in fiscal year 2001, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditure for an 
     agency through a reprogramming or inter-appropriation 
     transfer of funds which: (1) creates new programs; (2) 
     eliminates a program, project, or responsibility center; (3) 
     establishes or changes allocations specifically denied, 
     limited or increased by Congress in this Act; (4) increases 
     funds or personnel by any means for any program, project, or 
     responsibility center for which funds have been denied or 
     restricted; (5) reestablishes through reprogramming any 
     program or project previously deferred through reprogramming; 
     (6) augments existing programs, projects, or responsibility 
     centers through a reprogramming of funds in excess of 
     $1,000,000 or 10 percent, whichever is less; (7) increases by 
     20 percent or more personnel assigned to a specific program, 
     project, or responsibility center; or (8) transfers an amount 
     from one appropriation to another as long as the amount 
     transferred shall not exceed 2 percent of the local funds in 
     the appropriation; unless the Appropriations Committees of 
     both the Senate and House of Representatives are notified in 
     writing 30 days in advance of any reprogramming or inter-
     appropriation transfer as set forth in this section.
       Sec. 110. Consistent with the provisions of 31 U.S.C. 
     1301(a), appropriations under this Act shall be applied only 
     to the objects for which the appropriations were made except 
     as otherwise provided by law.
       Sec. 111. Notwithstanding any other provisions of law, the 
     provisions of the District of Columbia Government 
     Comprehensive Merit Personnel Act of 1978 (D.C. Law 2-139; 
     D.C. Code, sec. 1-601.1 et seq.), enacted pursuant to section 
     422(3) of the District of Columbia Home Rule Act (87 Stat. 
     790; Public Law 93-198; D.C. Code, sec. 1-242(3)), shall 
     apply with respect to the compensation of District of 
     Columbia employees: Provided, That for pay purposes, 
     employees of the District of Columbia government shall not be 
     subject to the provisions of title 5, United States Code.
       Sec. 112. No later than 30 days after the end of the first 
     quarter of the fiscal year ending September 30, 2001, the 
     Mayor of the District of Columbia shall submit to the Council 
     of the District of Columbia the new fiscal year 2001 revenue 
     estimates as of the end of the first quarter of fiscal year 
     2001. These estimates shall be used in the budget request for 
     the fiscal year ending September 30, 2002. The officially 
     revised estimates at midyear shall be used for the midyear 
     report.
       Sec. 113. No sole source contract with the District of 
     Columbia government or any agency thereof may be renewed or 
     extended without opening that contract to the competitive 
     bidding process as set forth in section 303 of the District 
     of Columbia Procurement Practices Act of 1985 (D.C. Law 6-85; 
     D.C. Code, sec. 1-1183.3), except that the District of 
     Columbia government or any agency thereof may renew or extend 
     sole source contracts for which competition is not feasible 
     or practical: Provided, That the determination as to whether 
     to invoke the competitive bidding process has been made in 
     accordance with duly

[[Page 20087]]

     promulgated rules and procedures and said determination has 
     been reviewed and approved by the District of Columbia 
     Financial Responsibility and Management Assistance Authority.
       Sec. 114. For purposes of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 (99 Stat. 1037; Public Law 99-
     177), the term ``program, project, and activity'' shall be 
     synonymous with and refer specifically to each account 
     appropriating Federal funds in this Act, and any 
     sequestration order shall be applied to each of the accounts 
     rather than to the aggregate total of those accounts: 
     Provided, That sequestration orders shall not be applied to 
     any account that is specifically exempted from sequestration 
     by the Balanced Budget and Emergency Deficit Control Act of 
     1985.
       Sec. 115. In the event a sequestration order is issued 
     pursuant to the Balanced Budget and Emergency Deficit Control 
     Act of 1985 (99 Stat. 1037; Public Law 99-177), after the 
     amounts appropriated to the District of Columbia for the 
     fiscal year involved have been paid to the District of 
     Columbia, the Mayor of the District of Columbia shall pay to 
     the Secretary of the Treasury, within 15 days after receipt 
     of a request therefor from the Secretary of the Treasury, 
     such amounts as are sequestered by the order: Provided, That 
     the sequestration percentage specified in the order shall be 
     applied proportionately to each of the Federal appropriation 
     accounts in this Act that are not specifically exempted from 
     sequestration by such Act.
       Sec. 116. (a) An entity of the District of Columbia 
     government may accept and use a gift or donation during 
     fiscal year 2001 if--
       (1) the Mayor approves the acceptance and use of the gift 
     or donation: Provided, That the Council of the District of 
     Columbia may accept and use gifts without prior approval by 
     the Mayor; and
       (2) the entity uses the gift or donation to carry out its 
     authorized functions or duties.
       (b) Each entity of the District of Columbia government 
     shall keep accurate and detailed records of the acceptance 
     and use of any gift or donation under subsection (a) of this 
     section, and shall make such records available for audit and 
     public inspection.
       (c) For the purposes of this section, the term ``entity of 
     the District of Columbia government'' includes an independent 
     agency of the District of Columbia.
       (d) This section shall not apply to the District of 
     Columbia Board of Education, which may, pursuant to the laws 
     and regulations of the District of Columbia, accept and use 
     gifts to the public schools without prior approval by the 
     Mayor.
       Sec. 117. None of the Federal funds provided in this Act 
     may be used by the District of Columbia to provide for 
     salaries, expenses, or other costs associated with the 
     offices of United States Senator or United States 
     Representative under section 4(d) of the District of Columbia 
     Statehood Constitutional Convention Initiatives of 1979 (D.C. 
     Law 3-171; D.C. Code, sec. 1-113(d)).
       Sec. 118. Reporting Requirements for the District of 
     Columbia Public Schools and the University of the District of 
     Columbia. (a) The Superintendent of the District of Columbia 
     Public Schools [DCPS] and the University of the District of 
     Columbia [UDC] shall each submit to the Committees on 
     Appropriations of the House of Representatives and Senate, 
     the Committee on Government Reform of the House of 
     Representatives, and the Committee on Governmental Affairs of 
     the Senate no later than 15 calendar days after the end of 
     each quarter a report that sets forth--
       (1) current quarter expenditures and obligations, year-to-
     date expenditures and obligations, and total fiscal year 
     expenditure projections versus budget broken out on the basis 
     of control center, responsibility center, and object class, 
     and for all funds, non-appropriated funds, and capital 
     financing;
       (2) a list of each account for which spending is frozen and 
     the amount of funds frozen, broken out by control center, 
     responsibility center, detailed object, and for all funding 
     sources;
       (3) a list of all active contracts in excess of $10,000 
     annually, which contains the name of each contractor; the 
     budget to which the contract is charged, broken out on the 
     basis of control center, responsibility center, and agency 
     reporting code; and contract identifying codes used by DCPS 
     and UDC; payments made in the last quarter and year-to-date, 
     the total amount of the contract and total payments made for 
     the contract and any modifications, extensions, renewals; and 
     specific modifications made to each contract in the last 
     month;
       (4) all reprogramming requests and reports that are 
     required to be, and have been, submitted to the Board of 
     Education; and
       (5) all reprogramming requests and reports that have been 
     made by UDC within the last quarter in compliance with 
     applicable law; and
       (6) changes made in the last quarter to the organizational 
     structure of DCPS and UDC, displaying for each entity 
     previous and current control centers and responsibility 
     centers, the names of the organizational entities that have 
     been changed, the name of the staff member supervising each 
     entity affected, and the reasons for the structural change.
       (b) The Superintendent of DCPS and UDC shall annually 
     compile an accurate and verifiable report on the positions 
     and employees in the public school system and the university, 
     respectively. The annual report shall--
       (1) set forth the number of validated schedule A positions 
     in the District of Columbia public schools and UDC for fiscal 
     year 2001, and thereafter on full-time equivalent basis, 
     including a compilation of all positions by control center, 
     responsibility center, funding source, position type, 
     position title, pay plan, grade, and annual salary;
       (2) set forth a compilation of all employees in the 
     District of Columbia public schools and UDC as of the 
     preceding December 31, verified as to its accuracy in 
     accordance with the functions that each employee actually 
     performs, by control center, responsibility center, agency 
     reporting code, program (including funding source), activity, 
     location for accounting purposes, job title, grade and 
     classification, annual salary, and position control number; 
     and
       (3) be submitted to the Congress, the Mayor, the District 
     of Columbia Council, the Consensus Commission, and the 
     Authority, not later than February 15 of each year.
       (c) No later than November 1, 2000, or within 30 calendar 
     days after the date of the enactment of this Act, whichever 
     occurs later, and each succeeding year, the Superintendent of 
     DCPS and UDC shall submit to the appropriate congressional 
     committees, the Mayor, the District of Columbia Council, the 
     Consensus Commission, and the District of Columbia Financial 
     Responsibility and Management Assistance Authority, a revised 
     appropriated funds operating budget for the public school 
     system and UDC for such fiscal year: (1) that is in the total 
     amount of the approved appropriation and that realigns 
     budgeted data for personal services and other-than-personal 
     services, respectively, with anticipated actual expenditures; 
     and (2) that is in the format of the budget that the 
     Superintendent of DCPS and UDC submit to the Mayor of the 
     District of Columbia for inclusion in the Mayor's budget 
     submission to the Council of the District of Columbia 
     pursuant to section 442 of the District of Columbia Home Rule 
     Act (Public Law 93-198; D.C. Code, sec. 47-301).
       Sec. 119. Funds authorized or previously appropriated to 
     the government of the District of Columbia by this or any 
     other Act to procure the necessary hardware and installation 
     of new software, conversion, testing, and training to improve 
     or replace its financial management system are also available 
     for the acquisition of accounting and financial management 
     services and the leasing of necessary hardware, software or 
     any other related goods or services, as determined by the 
     District of Columbia Financial Responsibility and Management 
     Assistance Authority.
       Sec. 120. (a) None of the funds contained in this Act may 
     be made available to pay the fees of an attorney who 
     represents a party who prevails in an action or any attorney 
     who defends any action, including an administrative 
     proceeding, brought against the District of Columbia Public 
     Schools under the Individuals with Disabilities Education Act 
     (20 U.S.C. 1400 et seq.) if--
       (1) the hourly rate of compensation of the attorney exceeds 
     250 percent of the hourly rate of compensation under section 
     11-2604(a), District of Columbia Code; or
       (2) the maximum amount of compensation of the attorney 
     exceeds 250 percent of the maximum amount of compensation 
     under section 11-2604(b)(1), District of Columbia Code, 
     except that compensation and reimbursement in excess of such 
     maximum may be approved for extended or complex 
     representation in accordance with section 11-2604(c), 
     District of Columbia Code; and
       (3) in no case may the compensation limits in paragraphs 
     (1) and (2) exceed $2,500.
       (b) Notwithstanding the preceding subsection, if the Mayor 
     and the Superintendent of the District of Columbia Public 
     Schools concur in a Memorandum of Understanding setting forth 
     a new rate and amount of compensation, then such new rates 
     shall apply in lieu of the rates set forth in the preceding 
     subsection to both the attorney who represents the prevailing 
     party and the attorney who defends the action.
       Sec. 121. None of the funds appropriated under this Act 
     shall be expended for any abortion except where the life of 
     the mother would be endangered if the fetus were carried to 
     term or where the pregnancy is the result of an act of rape 
     or incest.
       Sec. 122. None of the funds made available in this Act may 
     be used to implement or enforce the Health Care Benefits 
     Expansion Act of 1992 (D.C. Law 9-114; D.C. Code, sec. 36-
     1401 et seq.) or to otherwise implement or enforce any system 
     of registration of unmarried, cohabiting couples (whether 
     homosexual, heterosexual, or lesbian), including but not 
     limited to registration for the purpose of extending 
     employment, health, or governmental benefits to such couples 
     on the same basis that such benefits are extended to legally 
     married couples.
       Sec. 123. The District of Columbia Financial Responsibility 
     and Management Assistance Authority, acting on behalf of the 
     District of Columbia Public Schools (DCPS) in formulating the 
     DCPS budget, the Board of Trustees of the University of the 
     District of Columbia, the Board of Library Trustees, and the 
     Board of Governors of the University of the District of 
     Columbia School of Law shall vote on and approve the 
     respective annual or revised budgets for such entities before 
     submission to the Mayor of the District of Columbia for 
     inclusion in the Mayor's budget submission to the Council of 
     the District of Columbia in accordance with section 442 of 
     the District of Columbia Home Rule Act (Public Law 93-198; 
     D.C. Code, sec. 47-301), or before submitting their 
     respective budgets directly to the Council.
       Sec. 124. (a) Acceptance and Use of Grants Not Included in 
     Ceiling.--
       (1) In general.--Notwithstanding any other provision of 
     this Act, the Mayor, in consultation

[[Page 20088]]

     with the Chief Financial Officer, during a control year, as 
     defined in section 305(4) of the District of Columbia 
     Financial Responsibility and Management Assistance Act of 
     1995 (Public Law 104-8; 109 Stat. 152), may accept, obligate, 
     and expend Federal, private, and other grants received by the 
     District government that are not reflected in the amounts 
     appropriated in this Act.
       (2) Requirement of chief financial officer report and 
     authority approval.--No such Federal, private, or other grant 
     may be accepted, obligated, or expended pursuant to paragraph 
     (1) until--
       (A) the Chief Financial Officer of the District of Columbia 
     submits to the Authority a report setting forth detailed 
     information regarding such grant; and
       (B) the Authority has reviewed and approved the acceptance, 
     obligation, and expenditure of such grant in accordance with 
     review and approval procedures consistent with the provisions 
     of the District of Columbia Financial Responsibility and 
     Management Assistance Act of 1995.
       (3) Prohibition on spending in anticipation of approval or 
     receipt.--No amount may be obligated or expended from the 
     general fund or other funds of the District government in 
     anticipation of the approval or receipt of a grant under 
     paragraph (2)(B) of this subsection or in anticipation of the 
     approval or receipt of a Federal, private, or other grant not 
     subject to such paragraph.
       (4) Quarterly reports.--The Chief Financial Officer of the 
     District of Columbia shall prepare a quarterly report setting 
     forth detailed information regarding all Federal, private, 
     and other grants subject to this subsection. Each such report 
     shall be submitted to the Council of the District of 
     Columbia, and to the Committees on Appropriations of the 
     House of Representatives and the Senate, not later than 15 
     days after the end of the quarter covered by the report.
       (b) Report on Expenditures by Financial Responsibility and 
     Management Assistance Authority.--Not later than 20 calendar 
     days after the end of each fiscal quarter starting October 1, 
     1999, the Authority shall submit a report to the Committees 
     on Appropriations of the House of Representatives and the 
     Senate, the Committee on Government Reform of the House, and 
     the Committee on Governmental Affairs of the Senate providing 
     an itemized accounting of all non-appropriated funds 
     obligated or expended by the Authority for the quarter. The 
     report shall include information on the date, amount, 
     purpose, and vendor name, and a description of the services 
     or goods provided with respect to the expenditures of such 
     funds.
       Sec. 125. If a department or agency of the government of 
     the District of Columbia is under the administration of a 
     court-appointed receiver or other court-appointed official 
     during fiscal year 2001 or any succeeding fiscal year, the 
     receiver or official shall prepare and submit to the Mayor, 
     for inclusion in the annual budget of the District of 
     Columbia for the year, annual estimates of the expenditures 
     and appropriations necessary for the maintenance and 
     operation of the department or agency. All such estimates 
     shall be forwarded by the Mayor to the Council, for its 
     action pursuant to sections 446 and 603(c) of the District of 
     Columbia Home Rule Act, without revision but subject to the 
     Mayor's recommendations. Notwithstanding any provision of the 
     District of Columbia Home Rule Act (87 Stat. 774; Public Law 
     93-198), the Council may comment or make recommendations 
     concerning such annual estimates but shall have no authority 
     under such Act to revise such estimates.
       Sec. 126. (a) Restrictions on Use of Official Vehicles.--
     Except as otherwise provided in this section, none of the 
     funds made available by this Act or by any other Act may be 
     used to provide any officer or employee of the District of 
     Columbia with an official vehicle unless the officer or 
     employee uses the vehicle only in the performance of the 
     officer's or employee's official duties. For purposes of this 
     paragraph, the term ``official duties'' does not include 
     travel between the officer's or employee's residence and 
     workplace (except: (1) in the case of an officer or employee 
     of the Metropolitan Police Department who resides in the 
     District of Columbia or is otherwise designated by the Chief 
     of the Department; (2) at the discretion of the Fire Chief, 
     an officer or employee of the District of Columbia Fire and 
     Emergency Medical Services Department who resides in the 
     District of Columbia and is on call 24 hours a day; (3) the 
     Mayor of the District of Columbia; and (4) the Chairman of 
     the Council of the District of Columbia).
       (b) Inventory of Vehicles.--The Chief Financial Officer of 
     the District of Columbia shall submit, by November 15, 2000, 
     an inventory, as of September 30, 2000, of all vehicles 
     owned, leased or operated by the District of Columbia 
     government. The inventory shall include, but not be limited 
     to, the department to which the vehicle is assigned; the year 
     and make of the vehicle; the acquisition date and cost; the 
     general condition of the vehicle; annual operating and 
     maintenance costs; current mileage; and whether the vehicle 
     is allowed to be taken home by a District officer or employee 
     and if so, the officer or employee's title and resident 
     location.
       Sec. 127. (a) Source of Payment for Employees Detailed 
     Within Government.--For purposes of determining the amount of 
     funds expended by any entity within the District of Columbia 
     government during fiscal year 2001 and each succeeding fiscal 
     year, any expenditures of the District government 
     attributable to any officer or employee of the District 
     government who provides services which are within the 
     authority and jurisdiction of the entity (including any 
     portion of the compensation paid to the officer or employee 
     attributable to the time spent in providing such services) 
     shall be treated as expenditures made from the entity's 
     budget, without regard to whether the officer or employee is 
     assigned to the entity or otherwise treated as an officer or 
     employee of the entity.
       (b) Modification of Reduction in Force Procedures.--Section 
     2408 of the District of Columbia Government Comprehensive 
     Merit Personnel Act of 1978, effective March 3, 1979 (D.C. 
     Law 2-139; D.C. Code, sec. 1-625.7), is amended as follows:
       (a) Subsection (a) is amended by striking the date 
     ``September 30, 2000'' and inserting the phrase ``September 
     30, 2000, and each subsequent fiscal year'' in its place.
       (b) Subsection (b) is amended by striking the phrase 
     ``Prior to February 1, 2000'' and inserting the phrase 
     ``Prior to February 1 of each year'' in its place.
       (c) Subsection (i) is amended by striking the phrase 
     ``March 1, 2000'' and inserting the phrase ``March 1 of each 
     year'' in its place.
       (d) Subsection (k) is amended by striking the phrase 
     ``September 1, 2000'' and inserting the phrase ``September 1 
     of each year'' in its place.
       Sec. 128. Notwithstanding any other provision of law, not 
     later than 120 days after the date that a District of 
     Columbia Public Schools (DCPS) student is referred for 
     evaluation or assessment--
       (1) the District of Columbia Board of Education, or its 
     successor, and DCPS shall assess or evaluate a student who 
     may have a disability and who may require special education 
     services; and
       (2) if a student is classified as having a disability, as 
     defined in section 101(a)(1) of the Individuals with 
     Disabilities Education Act (84 Stat. 175; 20 U.S.C. 
     1401(a)(1)) or in section 7(8) of the Rehabilitation Act of 
     1973 (87 Stat. 359; 29 U.S.C. 706(8)), the Board and DCPS 
     shall place that student in an appropriate program of special 
     education services.
       Sec. 129. (a) Compliance With Buy American Act.--None of 
     the funds made available in this Act may be expended by an 
     entity unless the entity agrees that in expending the funds 
     the entity will comply with the Buy American Act (41 U.S.C. 
     10a-10c).
       (b) Sense of the Congress; Requirement Regarding Notice.--
       (1) Purchase of american-made equipment and products.--In 
     the case of any equipment or product that may be authorized 
     to be purchased with financial assistance provided using 
     funds made available in this Act, it is the sense of the 
     Congress that entities receiving the assistance should, in 
     expending the assistance, purchase only American-made 
     equipment and products to the greatest extent practicable.
       (2) Notice to recipients of assistance.--In providing 
     financial assistance using funds made available in this Act, 
     the head of each agency of the Federal or District of 
     Columbia government shall provide to each recipient of the 
     assistance a notice describing the statement made in 
     paragraph (1) by the Congress.
       (c) Prohibition of Contracts With Persons Falsely Labeling 
     Products as Made in America.--If it has been finally 
     determined by a court or Federal agency that any person 
     intentionally affixed a label bearing a ``Made in America'' 
     inscription, or any inscription with the same meaning, to any 
     product sold in or shipped to the United States that is not 
     made in the United States, the person shall be ineligible to 
     receive any contract or subcontract made with funds made 
     available in this Act, pursuant to the debarment, suspension, 
     and ineligibility procedures described in sections 9.400 
     through 9.409 of title 48, Code of Federal Regulations.
       Sec. 130. None of the funds contained in this Act may be 
     used for purposes of the annual independent audit of the 
     District of Columbia government (including the District of 
     Columbia Financial Responsibility and Management Assistance 
     Authority) for fiscal year 2001 unless--
       (1) the audit is conducted by the Inspector General of the 
     District of Columbia pursuant to section 208(a)(4) of the 
     District of Columbia Procurement Practices Act of 1985 (D.C. 
     Code, sec. 1-1182.8(a)(4)); and
       (2) the audit includes a comparison of audited actual year-
     end results with the revenues submitted in the budget 
     document for such year and the appropriations enacted into 
     law for such year.
       Sec. 131. None of the funds contained in this Act may be 
     used by the District of Columbia Corporation Counsel or any 
     other officer or entity of the District government to provide 
     assistance for any petition drive or civil action which seeks 
     to require Congress to provide for voting representation in 
     Congress for the District of Columbia.
       Sec. 132. No later than November 1, 2000, or within 30 
     calendar days after the date of the enactment of this Act, 
     whichever occurs later, the Chief Financial Officer of the 
     District of Columbia shall submit to the appropriate 
     committees of Congress, the Mayor, and the District of 
     Columbia Financial Responsibility and Management Assistance 
     Authority a revised appropriated funds operating budget in 
     the format of the budget that the District of Columbia 
     government submitted pursuant to section 442 of the District 
     of Columbia Home Rule Act (Public Law 93-198; D.C. Code, sec. 
     47-301), for all agencies of the District of Columbia 
     government for such fiscal year that is in the total amount 
     of the approved appropriation and that realigns all budgeted 
     data for personal services and other-than-personal-services, 
     respectively, with anticipated actual expenditures.

[[Page 20089]]

       Sec. 133. (a) None of the funds contained in this Act may 
     be used for any program of distributing sterile needles or 
     syringes for the hypodermic injection of any illegal drug.
       (b) Any individual or entity who receives any funds 
     contained in this Act and who carries out any program 
     described in subsection (a) shall account for all funds used 
     for such program separately from any funds contained in this 
     Act.
       Sec. 134. (a) Restrictions on Leases.--Upon the expiration 
     of the 60-day period that begins on the date of the enactment 
     of this Act, none of the funds contained in this Act may be 
     used to make rental payments under a lease for the use of 
     real property by the District of Columbia government 
     (including any independent agency of the District) unless the 
     lease and an abstract of the lease have been filed (by the 
     District of Columbia or any other party to the lease) with 
     the central office of the Deputy Mayor for Economic 
     Development, in an indexed registry available for public 
     inspection.
       (b) Additional Restrictions on Current Leases.--
       (1) In general.--Upon the expiration of the 60-day period 
     that begins on the date of the enactment of this Act, in the 
     case of a lease described in paragraph (3), none of the funds 
     contained in this Act may be used to make rental payments 
     under the lease unless the lease is included in periodic 
     reports submitted by the Mayor and Council of the District of 
     Columbia to the Committees on Appropriations of the House of 
     Representatives and Senate describing for each such lease the 
     following information:
       (A) The location of the property involved, the name of the 
     owners of record according to the land records of the 
     District of Columbia, the name of the lessors according to 
     the lease, the rate of payment under the lease, the period of 
     time covered by the lease, and the conditions under which the 
     lease may be terminated.
       (B) The extent to which the property is or is not occupied 
     by the District of Columbia government as of the end of the 
     reporting period involved.
       (C) If the property is not occupied and utilized by the 
     District government as of the end of the reporting period 
     involved, a plan for occupying and utilizing the property 
     (including construction or renovation work) or a status 
     statement regarding any efforts by the District to terminate 
     or renegotiate the lease.
       (2) Timing of reports.--The reports described in paragraph 
     (1) shall be submitted for each calendar quarter (beginning 
     with the quarter ending December 31, 2000) not later than 20 
     days after the end of the quarter involved, plus an initial 
     report submitted not later than 60 days after the date of the 
     enactment of this Act, which shall provide information as of 
     the date of the enactment of this Act.
       (3) Leases described.--A lease described in this paragraph 
     is a lease in effect as of the date of the enactment of this 
     Act for the use of real property by the District of Columbia 
     government (including any independent agency of the District) 
     which is not being occupied by the District government 
     (including any independent agency of the District) as of such 
     date or during the 60-day period which begins on the date of 
     the enactment of this Act.
       Sec. 135. (a) Management of Existing District Government 
     Property.--Upon the expiration of the 60-day period that 
     begins on the date of the enactment of this Act, none of the 
     funds contained in this Act may be used to enter into a lease 
     (or to make rental payments under such a lease) for the use 
     of real property by the District of Columbia government 
     (including any independent agency of the District) or to 
     purchase real property for the use of the District of 
     Columbia government (including any independent agency of the 
     District) or to manage real property for the use of the 
     District of Columbia (including any independent agency of the 
     District) unless the following conditions are met:
       (1) The Mayor and Council of the District of Columbia 
     certify to the Committees on Appropriations of the House of 
     Representatives and Senate that existing real property 
     available to the District (whether leased or owned by the 
     District government) is not suitable for the purposes 
     intended.
       (2) Notwithstanding any other provisions of law, there is 
     made available for sale or lease all real property of the 
     District of Columbia that the Mayor from time-to-time 
     determines is surplus to the needs of the District of 
     Columbia, unless a majority of the members of the Council 
     override the Mayor's determination during the 30-day period 
     which begins on the date the determination is published.
       (3) The Mayor and Council implement a program for the 
     periodic survey of all District property to determine if it 
     is surplus to the needs of the District.
       (4) The Mayor and Council within 60 days of the date of the 
     enactment of this Act have filed with the Committees on 
     Appropriations of the House of Representatives and Senate, 
     the Committee on Government Reform of the House of 
     Representatives, and the Committee on Governmental Affairs of 
     the Senate a report which provides a comprehensive plan for 
     the management of District of Columbia real property assets, 
     and are proceeding with the implementation of the plan.
       (b) Termination of Provisions.--If the District of Columbia 
     enacts legislation to reform the practices and procedures 
     governing the entering into of leases for the use of real 
     property by the District of Columbia government and the 
     disposition of surplus real property of the District 
     government, the provisions of subsection (a) shall cease to 
     be effective upon the effective date of the legislation.
       Sec. 136. Certification.--None of the funds contained in 
     this Act may be used after the expiration of the 60-day 
     period that begins on the date of the enactment of this Act 
     to pay the salary of any chief financial officer of any 
     office of the District of Columbia government (including any 
     independent agency of the District) who has not filed a 
     certification with the Mayor and the Chief Financial Officer 
     of the District of Columbia that the officer understands the 
     duties and restrictions applicable to the officer and their 
     agency as a result of this Act.
       Sec. 137. The proposed budget of the government of the 
     District of Columbia for fiscal year 2002 that is submitted 
     by the District to Congress shall specify potential 
     adjustments that might become necessary in the event that the 
     operational improvements savings and management reform 
     savings achieved by the District during the year do not meet 
     the level of management savings projected by the District 
     under the proposed budget.
       Sec. 138. In submitting any document showing the budget for 
     an office of the District of Columbia government (including 
     an independent agency of the District) that contains a 
     category of activities labeled as ``other'', 
     ``miscellaneous'', or a similar general, nondescriptive term, 
     the document shall include a description of the types of 
     activities covered in the category and a detailed breakdown 
     of the amount allocated for each such activity.
       Sec. 139. (a) None of the funds contained in this Act may 
     be used to enact or carry out any law, rule, or regulation to 
     legalize or otherwise reduce penalties associated with the 
     possession, use, or distribution of any schedule I substance 
     under the Controlled Substances Act (21 U.S.C. 802) or any 
     tetrahydrocannabinols derivative.
       (b) The Legalization of Marijuana for Medical Treatment 
     Initiative of 1998, also known as Initiative 59, approved by 
     the electors of the District of Columbia on November 3, 1998, 
     shall not take effect.
       Sec. 140. Nothing in this Act bars the District of Columbia 
     Corporation Counsel from reviewing or commenting on briefs in 
     private lawsuits, or from consulting with officials of the 
     District government regarding such lawsuits.
       Sec. 141. (a) Nothing in the Federal Grant and Cooperative 
     Agreements Act of 1977 (31 U.S.C. 6301 et seq.) may be 
     construed to prohibit the Administrator of the Environmental 
     Protection Agency from negotiating and entering into 
     cooperative agreements and grants authorized by law which 
     affect real property of the Federal Government in the 
     District of Columbia if the principal purpose of the 
     cooperative agreement or grant is to provide comparable 
     benefits for Federal and non-Federal properties in the 
     District of Columbia.
       (b) Subsection (a) shall apply with respect to fiscal year 
     2001 and each succeeding fiscal year.
       Sec. 142. (a) In General.--The District of Columbia Home 
     Rule Act is amended by inserting after section 450 the 
     following:


              ``comprehensive financial management policy

       ``Sec. 450B. (a) Comprehensive Financial Management 
     Policy.--The District of Columbia shall conduct its financial 
     management in accordance with a comprehensive financial 
     management policy.
       ``(b) Contents of Policy.--The comprehensive financial 
     management policy shall include, but not be limited to, the 
     following:
       ``(1) A cash management policy.
       ``(2) A debt management policy.
       ``(3) A financial asset management policy.
       ``(4) A contingency reserve management policy in accordance 
     with section 450A(a)(3).
       ``(5) An emergency reserve management policy in accordance 
     with section 450A(b)(3).
       ``(6) A policy for determining real property tax exemptions 
     for the District of Columbia.
       ``(c) Annual Review.--The comprehensive financial 
     management policy shall be reviewed at the end of each fiscal 
     year by the Chief Financial Officer who shall--
       ``(1) not later than July 1 of each year, submit any 
     proposed changes in the policy to the Mayor for review and 
     the District of Columbia Financial Responsibility and 
     Management Assistance Authority (in a control year);
       ``(2) not later than August 1 of each year, after 
     consideration of any comments received under paragraph (1), 
     submit the changes to the Council of the District of Columbia 
     for approval; and
       ``(3) not later than September 1 of each year, notify the 
     Committees on Appropriations of the Senate and House of 
     Representatives, the Committee on Government Reform of the 
     House of Representatives, and the Committee on Governmental 
     Affairs of the Senate of any changes enacted by the Council 
     of the District of Columbia.
       ``(d) Procedure for Development of First Comprehensive 
     Financial Management Policy.--
       ``(1) CFO.--Not later than April 1, 2001, the Chief 
     Financial Officer shall submit to the Mayor an initial 
     proposed comprehensive financial management policy for the 
     District of Columbia pursuant to section 450B of the District 
     of Columbia Home Rule Act.
       ``(2) Council.--Following review and comment by the Mayor, 
     not later than May 1, 2001, the Chief Financial Officer shall 
     submit the proposed financial management policy to the 
     Council of the District of Columbia for its prompt review and 
     adoption.
       ``(3) Authority.--Upon adoption of the financial management 
     policy under paragraph (2), the Council shall immediately 
     submit the policy to the District of Columbia Financial 
     Responsibility and Management Assistance Authority for a 
     review of not to exceed 30 days.

[[Page 20090]]

       ``(4) Congress.--Following review of the financial 
     management policy by the Authority under paragraph (3), the 
     Authority shall submit the policy to the Committees on 
     Appropriations of the Senate and House of Representatives, 
     the Committee on Government Reform of the House of 
     Representatives, and the Committee on Governmental Affairs of 
     the Senate for review and the policy shall take effect 30 
     days after the date the policy is submitted under this 
     paragraph.''.
       (b) Effective Date.--This section and the amendments made 
     by this section shall take effect on October 1, 2000.


           appointment and duties of chief financial officer

       Sec. 143. (a) Appointment and Dismissal.--Section 424(b) of 
     the District of Columbia Home Rule Act (sec. 47-317.2, D.C. 
     Code) is amended--
       (1) in paragraph (1)(B), by adding at the end the 
     following: ``Upon confirmation by the Council, the name of 
     the Chief Financial Officer shall be submitted to the 
     Committees on Appropriations of the Senate and House of 
     Representatives, the Committee on Governmental Affairs of the 
     Senate, and the Committee on Government Reform of the House 
     of Representatives for a 30-day period of review and comment 
     before the appointment takes effect.''; and
       (2) in paragraph (2)(B), by striking the period at the end 
     and inserting the following: ``upon dismissal by the Mayor 
     and approval of that dismissal by a \2/3\ vote of the Council 
     of the District of Columbia. Upon approval of the dismissal 
     by the Council, notice of the dismissal shall be submitted to 
     the Committees on Appropriations of the Senate and House of 
     Representatives, the Committee on Governmental Affairs of the 
     Senate, and the Committee on Government Reform of the House 
     of Representatives for a 30-day period of review and comment 
     before the dismissal takes effect.''.
       (b) Functions.--
       (1) In general.--Section 424(c) of such Act (sec. 47-317.3, 
     D.C. Code) is amended--
       (A) in the heading, by striking ``During a Control Year'';
       (B) in the matter preceding paragraph (1), by striking 
     ``During a control year, the Chief Financial Officer'' and 
     inserting ``The Chief Financial Officer'';
       (C) in paragraph (1), by striking ``Preparing'' and 
     inserting ``During a control year, preparing'';
       (D) in paragraph (3), by striking ``Assuring'' and 
     inserting ``During a control year, assuring'';
       (E) in paragraph (5), by striking ``With the Approval'' and 
     all that follows through ``the Council--'' and inserting 
     ``Preparing and submitting to the Mayor and the Council, with 
     the approval of the Authority during a control year--'';
       (F) in paragraph (11), by striking ``or the Authority'' and 
     inserting ``(or by the Authority during a control year)''; 
     and
       (G) by adding at the end the following new paragraphs:
       ``(18) Exercising responsibility for the administration and 
     supervision of the District of Columbia Treasurer (except 
     that the Chief Financial Officer may delegate any portion of 
     such responsibility as the Chief Financial Officer considers 
     appropriate and consistent with efficiency).
       ``(19) Administering all borrowing programs of the District 
     government for the issuance of long-term and short-term 
     indebtedness.
       ``(20) Administering the cash management program of the 
     District government, including the investment of surplus 
     funds in governmental and non-governmental interest-bearing 
     securities and accounts.
       ``(21) Administering the centralized District government 
     payroll and retirement systems.
       ``(22) Governing the accounting policies and systems 
     applicable to the District government.
       ``(23) Preparing appropriate annual, quarterly, and monthly 
     financial reports of the accounting and financial operations 
     of the District government.
       ``(24) Not later than 120 days after the end of each fiscal 
     year, preparing the complete financial statement and report 
     on the activities of the District government for such fiscal 
     year, for the use of the Mayor under section 448(a)(4).''.
       (2) Conforming amendments.--Section 424 of such Act (sec. 
     47-317.1 et seq., D.C. Code) is amended--
       (A) by striking subsection (d);
       (B) in subsection (e)(2), by striking ``or subsection 
     (d)''; and
       (C) by redesignating subsections (e) and (f) as subsections 
     (d) and (e), respectively.
       Sec. 144. (a) Notwithstanding the provisions of the 
     District of Columbia Government Comprehensive Merit Personnel 
     Act of 1978 (D.C. Law 2-139; D.C. Code 1-601.1 et seq.), or 
     any other District of Columbia law, statute, regulation, the 
     provisions of the District of Columbia Personnel Manual, or 
     the provisions of any collective bargaining agreement, 
     employees of the District of Columbia government will only 
     receive compensation for overtime work in excess of 40 hours 
     per week (or other applicable tour of duty) of work actually 
     performed, in accordance with the provisions of the Fair 
     Labor Standards Act, 29 U.S.C. Sec. 201 et seq.
       (b) Subsection (a) of this section shall be effective 
     December 27, 1996. The Resolution and Order of the District 
     of Columbia Financial Responsibility and Management 
     Assistance Authority, dated December 27, 1996, is hereby 
     ratified and approved and shall be given full force and 
     effect.
       Sec. 145. (a) In General.--Notwithstanding section 503 of 
     Public Law 100-71 and as provided in subsection (b), the 
     Court Services and Offender Supervision Agency for the 
     District of Columbia (in this section referred to as the 
     ``agency'') may implement and administer the Drug Free 
     Workplace Program of the agency, dated July 28, 2000, for 
     employment applicants of the agency.
       (b) Effective Period.--The waiver provided by subsection 
     (a) shall--
       (1) take effect on enactment; and
       (2) terminate on the date the Department of Health and 
     Human Services approves the drug program of the agency 
     pursuant to section 503 of Public Law 100-71 or 12 months 
     after the date referred to in paragraph (1), whichever is 
     later.
       Sec. 146. The Mayor of the District of Columbia shall 
     submit quarterly reports to the Senate Committees on 
     Appropriations and Governmental Affairs, commencing October 
     1, 2000, addressing the following issues: (1) crime, 
     including the homicide rate, implementation of community 
     policing, the number of police officers on local beats, and 
     the closing down of open-air drug markets; (2) access to drug 
     abuse treatment, including the number of treatment slots, the 
     number of people served, the number of people on waiting 
     lists, and the effectiveness of treatment programs; (3) 
     management of parolees and pre-trial violent offenders, 
     including the number of halfway house escapes and steps taken 
     to improve monitoring and supervision of halfway house 
     residents to reduce the number of escapes to be provided in 
     consultation with the Court Services and Offender Supervision 
     Agency; (4) education, including access to special education 
     services and student achievement to be provided in 
     consultation with the District of Columbia Public Schools; 
     (5) improvement in basic District services, including rat 
     control and abatement; (6) application for and management of 
     Federal grants, including the number and type of grants for 
     which the District was eligible but failed to apply and the 
     number and type of grants awarded to the District but which 
     the District failed to spend the amounts received; and (7) 
     indicators of child well-being.


                             reserve funds

       Sec. 147. (a) Establishment of Reserve Funds.--
       (1) In general.--The District of Columbia Home Rule Act is 
     amended by inserting after section 450 the following new 
     section:


                            ``reserve funds

       ``Sec. 450A. (a) Emergency Reserve Fund.--
       ``(1) In general.--There is established an emergency cash 
     reserve fund (in this subsection referred to as the 
     `emergency reserve fund') as an interest-bearing account 
     (separate from other accounts in the General Fund) into which 
     the Mayor shall deposit in cash not later than February 15 of 
     each fiscal year (or not later than October 1, 2000, in the 
     case of fiscal year 2001) such amount as may be required to 
     maintain a balance in the fund of at least 4 percent of the 
     total budget appropriated for operating expenditures for such 
     fiscal year which is derived from local funds (or, in the 
     case of fiscal years prior to fiscal year 2004, such amount 
     as may be required to maintain a balance in the fund of at 
     least the minimum emergency reserve balance for such fiscal 
     year, as determined under paragraph (2)).
       ``(2) Determination of minimum emergency reserve balance.--
       ``(A) In general.--The `minimum emergency reserve balance' 
     with respect to a fiscal year is the amount equal to the 
     applicable percentage of the total budget appropriated for 
     operating expenditures for such fiscal year which is derived 
     from local funds.
       ``(B) Applicable percentage defined.--In subparagraph (A), 
     the `applicable percentage' with respect to a fiscal year 
     means the following:
       ``(i) For fiscal year 2001, 1 percent.
       ``(ii) For fiscal year 2002, 2 percent.
       ``(iii) For fiscal year 2003, 3 percent.
       ``(3) Interest.--Interest earned on the emergency reserve 
     fund shall remain in the account and shall only be withdrawn 
     in accordance with paragraph (4).
       ``(4) Criteria for use of amounts in emergency reserve 
     fund.--The Chief Financial Officer, in consultation with the 
     Mayor, shall develop a policy to govern the emergency reserve 
     fund which shall include (but which may not be limited to) 
     the following requirements:
       ``(A) The emergency reserve fund may be used to provide for 
     unanticipated and nonrecurring extraordinary needs of an 
     emergency nature, including a natural disaster or calamity as 
     defined by section 102 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (Public Law 100-707) or 
     unexpected obligations by Federal law.
       ``(B) The emergency reserve fund may also be used in the 
     event of a State of Emergency as declared by the Mayor 
     pursuant to section 5 of the District of Columbia Public 
     Emergency Act of 1980 (sec. 6-1504, D.C. Code).
       ``(C) The emergency reserve fund may not be used to fund--
       ``(i) any department, agency, or office of the Government 
     of the District of Columbia which is administered by a 
     receiver or other official appointed by a court;
       ``(ii) shortfalls in any projected reductions which are 
     included in the budget proposed by the District of Columbia 
     for the fiscal year; or
       ``(iii) settlements and judgments made by or against the 
     Government of the District of Columbia.
       ``(5) Allocation of emergency cash reserve funds.--Funds 
     may be allocated from the emergency reserve fund only after--
       ``(A) an analysis has been prepared by the Chief Financial 
     Officer of the availability of

[[Page 20091]]

     other sources of funding to carry out the purposes of the 
     allocation and the impact of such allocation on the balance 
     and integrity of the emergency reserve fund; and
       ``(B) with respect to fiscal years beginning with fiscal 
     year 2005, the contingency reserve fund established by 
     subsection (b) has been projected by the Chief Financial 
     Officer to be exhausted at the time of the allocation.
       ``(6) Notice.--The Mayor, the Council, and (in the case of 
     a fiscal year which is a control year, as defined in section 
     305(4) of the District of Columbia Financial Responsibility 
     and Management Assistance Act of 1995) the District of 
     Columbia Financial Responsibility and Management Assistance 
     Authority shall notify the Committees on Appropriations of 
     the Senate and House of Representatives in writing not more 
     than 30 days after the expenditure of funds from the 
     emergency reserve fund.
       ``(7) Replenishment.--The District of Columbia shall 
     appropriate sufficient funds each fiscal year in the budget 
     process to replenish any amounts allocated from the emergency 
     reserve fund during the preceding fiscal year by the 
     following fiscal year. Once the emergency reserve equals 4 
     percent of total budget appropriated for operating 
     expenditures for the fiscal year, the District of Columbia 
     shall appropriate sufficient funds each fiscal year in the 
     budget process to replenish any amounts allocated from the 
     emergency reserve fund during the preceding year to maintain 
     a balance of at least 4 percent of total funds appropriated 
     for operating expenditures by the following fiscal year.
       ``(b) Contingency Reserve Fund.--
       ``(1) In general.--There is established a contingency cash 
     reserve fund (in this subsection referred to as the 
     `contingency reserve fund') as an interest-bearing account 
     (separate from other accounts in the General Fund) into which 
     the Mayor shall deposit in cash not later than October 1 of 
     each fiscal year (beginning with fiscal year 2005) such 
     amount as may be required to maintain a balance in the fund 
     of at least 3 percent of the total budget appropriated for 
     operating expenditures for such fiscal year which is derived 
     from local funds (or, in the case of fiscal years prior to 
     fiscal year 2007, such amount as may be required to maintain 
     a balance in the fund of at least the minimum contingency 
     reserve balance for such fiscal year, as determined under 
     paragraph (2)).
       ``(2) Determination of minimum contingency reserve 
     balance.--
       ``(A) In general.--The `minimum contingency reserve 
     balance' with respect to a fiscal year is the amount equal to 
     the applicable percentage of the total budget appropriated 
     for operating expenditures for such fiscal year which is 
     derived from local funds.
       ``(B) Applicable percentage defined.--In subparagraph (A), 
     the `applicable percentage' with respect to a fiscal year 
     means the following:
       ``(i) For fiscal year 2005, 1 percent.
       ``(ii) For fiscal year 2006, 2 percent.
       ``(3) Interest.--Interest earned on the contingency reserve 
     fund shall remain in the account and may only be withdrawn in 
     accordance with paragraph (4).
       ``(4) Criteria for use of amounts in contingency reserve 
     fund.--The Chief Financial Officer, in consultation with the 
     Mayor, shall develop a policy governing the use of the 
     contingency reserve fund which shall include (but which may 
     not be limited to) the following requirements:
       ``(A) The contingency reserve fund may only be used to 
     provide for nonrecurring or unforeseen needs that arise 
     during the fiscal year, including expenses associated with 
     unforeseen weather or other natural disasters, unexpected 
     obligations created by Federal law or new public safety or 
     health needs or requirements that have been identified after 
     the budget process has occurred, or opportunities to achieve 
     cost savings.
       ``(B) The contingency reserve fund may be used, if needed, 
     to cover revenue shortfalls experienced by the District 
     government for 3 consecutive months (based on a 2 month 
     rolling average) that are 5 percent or more below the budget 
     forecast.
       ``(C) The contingency reserve fund may not be used to fund 
     any shortfalls in any projected reductions which are included 
     in the budget proposed by the District of Columbia for the 
     fiscal year.
       ``(5) Allocation of contingency cash reserve.--Funds may be 
     allocated from the contingency reserve fund only after an 
     analysis has been prepared by the Chief Financial Officer of 
     the availability of other sources of funding to carry out the 
     purposes of the allocation and the impact of such allocation 
     on the balance and integrity of the contingency reserve fund.
       ``(6) Replenishment.--The District of Columbia shall 
     appropriate sufficient funds each fiscal year in the budget 
     process to replenish any amounts allocated from the 
     contingency reserve fund during the preceding fiscal year by 
     the following fiscal year. Once the contingency reserve 
     equals 3 percent of total funds appropriated for operating 
     expenditures, the District of Columbia shall appropriate 
     sufficient funds each fiscal year in the budget process to 
     replenish any amounts allocated from the contingency reserve 
     fund during the preceding year to maintain a balance of at 
     least 3 percent of total funds appropriated for operating 
     expenditures by the following fiscal year.
       ``(c) Quarterly Reports.--The Chief Financial Officer shall 
     submit a quarterly report to the Mayor, the Council, the 
     District of Columbia Financial Responsibility and Management 
     Assistance Authority (in the case of a fiscal year which is a 
     control year, as defined in section 305(4) of the District of 
     Columbia Financial Responsibility and Management Assistance 
     Act of 1995), and the Committees on Appropriations of the 
     Senate and House of Representatives that includes a monthly 
     statement on the balance and activities of the contingency 
     and emergency reserve funds.''.

       (2) Clerical amendment.--The table of contents for the 
     District of Columbia Home Rule Act is amended by inserting 
     after the item relating to section 450 the following new 
     item:

``Sec. 450A. Reserve funds.''.
       (b) Conforming Amendments.--
       (1) Current reserve fund.--Section 202(j) of the District 
     of Columbia Financial Responsibility and Management 
     Assistance Act of 1995 (sec. 47-392.2(j), D.C. Code) is 
     amended by striking ``Beginning with fiscal year 2000, the 
     plan or budget submitted pursuant to this Act'' and inserting 
     ``For each of the fiscal years 2000 through 2004, the budget 
     of the District government for the fiscal year''.
       (2) Positive fund balance.--Section 202(k) of such Act 
     (sec. 47-392.2(k), D.C. Code) is repealed.
       (c) Effective Date.--This section and the amendments made 
     by this section shall take effect on October 1, 2000.
       This Act may be cited as the ``District of Columbia 
     Appropriations Act, 2001''.

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