[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3194 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
November 3, 1999.
Resolved, That the bill from the House of Representatives (H.R.
3194) entitled ``An Act making appropriations for the government of the
District of Columbia and other activities chargeable in whole or in
part against revenues of said District for the fiscal year ending
September 30, 2000, 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, 2000, and for other purposes,
namely:
TITLE I--FISCAL YEAR 2000 APPROPRIATIONS
FEDERAL FUNDS
Federal Payment for Resident Tuition Support
For a Federal payment to the District of Columbia for a program to
be administered by the Mayor for District of Columbia resident tuition
support, subject to the enactment of authorizing legislation for such
program by Congress, $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: Provided further, That if the authorized
program is a nationwide program, the Mayor may expend up to
$17,000,000: Provided further, That if the authorized program is for a
limited number of States, the Mayor may expend up to $11,000,000:
Provided further, That the District of Columbia may expend funds other
than the funds provided under this heading, including local tax
revenues and contributions, to support such program.
Federal Payment for Incentives for Adoption of Children
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, 2001 and shall be used in
accordance with a program established by the Mayor and the Council of
the District of Columbia and approved by the Committees on
Appropriations of the House of Representatives and the Senate: Provided
further, That funds provided under this heading may be used to cover
the costs to the District of Columbia of providing tax credits to
offset the costs incurred by individuals in adopting children in the
District of Columbia foster care system and in providing for the health
care needs of such children, in accordance with legislation enacted by
the District of Columbia government.
Federal Payment to the Citizen Complaint Review Board
For a Federal payment to the District of Columbia for
administrative expenses of the Citizen Complaint Review Board,
$500,000, to remain available until September 30, 2001.
Federal Payment to the Department of Human Services
For a Federal payment to the Department of Human Services for a
mentoring program and for hotline services, $250,000.
Federal Payment to the District of Columbia Corrections Trustee
Operations
For salaries and expenses of the District of Columbia Corrections
Trustee, $176,000,000 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): Provided, That
notwithstanding any other provision of law, funds appropriated in this
Act for the District of Columbia Corrections Trustee shall be
apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated for
salaries and expenses of other Federal agencies: Provided further, That
in addition to the funds provided under this heading, the District of
Columbia Corrections Trustee may use a portion of the interest earned
on the Federal payment made to the Trustee under the District of
Columbia Appropriations Act, 1998, (not to exceed $4,600,000) to carry
out the activities funded under this heading.
Federal Payment to the District of Columbia Courts
For salaries and expenses for the District of Columbia Courts,
$99,714,000 to be allocated as follows: for the District of Columbia
Court of Appeals, $7,209,000; for the District of Columbia Superior
Court, $68,351,000; for the District of Columbia Court System,
$16,154,000; and $8,000,000, to remain available until September 30,
2001, for capital improvements for District of Columbia courthouse
facilities: Provided, That of the amounts available for operations of
the District of Columbia Courts, not to exceed $2,500,000 shall be for
the design of an Integrated Justice Information System and that such
funds shall be used in accordance with a plan and design developed by
the courts and approved by the Committees on Appropriations of the
House of Representatives and the Senate: Provided further, That
notwithstanding any other provision of law, all amounts under this
heading shall be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal agencies, with
payroll and financial services to be provided on a contractual basis
with the General Services Administration (GSA), said services to
include the preparation of monthly financial reports, copies of which
shall be submitted directly by GSA to the President and to the
Committees on Appropriations of the Senate and House of
Representatives, the Committee on Governmental Affairs of the Senate,
and the Committee on Government Reform of the House of Representatives.
Defender Services in District of Columbia Courts
For payments authorized under section 11-2604 and section 11-2605,
D.C. Code (relating to representation provided under the District of
Columbia Criminal Justice Act), payments for counsel appointed in
proceedings in the Family Division of the Superior Court of the
District of Columbia under chapter 23 of title 16, D.C. Code, and
payments for counsel authorized under section 21-2060, D.C. Code
(relating to representation provided under the District of Columbia
Guardianship, Protective Proceedings, and Durable Power of Attorney Act
of 1986), $33,336,000, 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 $8,000,000
provided under such heading for capital improvements for District of
Columbia courthouse facilities) may also be used for payments under
this heading: Provided further, That in addition to the funds provided
under this heading, the Joint Committee on Judicial Administration in
the District of Columbia may use a portion (not to exceed $1,200,000)
of the interest earned on the Federal payment made to the District of
Columbia courts under the District of Columbia Appropriations Act,
1999, together with funds provided in this Act under the heading
``Federal Payment to the District of Columbia Courts'' (other than the
$8,000,000 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 1999 if
the Comptroller General certifies that the amount of obligations
lawfully incurred for such payments during fiscal year 1999 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.
Federal Payment to the Court Services and Offender Supervision Agency
for the District of Columbia
For salaries and expenses of the Court Services and Offender
Supervision Agency for the District of Columbia, as authorized by the
National Capital Revitalization and Self-Government Improvement Act of
1997, (Public Law 105-33; 111 Stat. 712), $93,800,000, of which
$58,600,000 shall be for necessary expenses of Parole Revocation, Adult
Probation, Offender 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; $17,400,000 shall be available to the Public Defender Service;
and $17,800,000 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 of the amounts made available under this
heading, $20,492,000 shall be used in support of universal drug
screening and testing for those individuals on pretrial, probation, or
parole supervision with continued testing, intermediate sanctions, and
treatment for those identified in need, of which $7,000,000 shall be
for treatment services.
Children's National Medical Center
For a Federal contribution to the Children's National Medical
Center in the District of Columbia, $2,500,000 for construction,
renovation, and information technology infrastructure costs associated
with establishing community pediatric health clinics for high risk
children in medically underserved areas of the District of Columbia.
Federal Payment for Metropolitan Police Department
For payment to the Metropolitan Police Department, $1,000,000, for
a program to eliminate open air drug trafficking in the District of
Columbia: Provided, That the Chief of Police shall provide quarterly
reports to the Committees on Appropriations of the Senate and House of
Representatives by the 15th calendar day after the end of each quarter
beginning December 31, 1999, on the status of the project financed
under this heading.
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.
Governmental Direction and Support
Governmental direction and support, $162,356,000 (including
$137,134,000 from local funds, $11,670,000 from Federal funds, and
$13,552,000 from other funds): Provided, That not to exceed $2,500 for
the Mayor, $2,500 for the Chairman of the Council of the District of
Columbia, and $2,500 for the City Administrator shall be available from
this appropriation for official purposes: Provided further, That any
program fees collected from the issuance of debt shall be available for
the payment of expenses of the debt management program of the District
of Columbia: Provided further, That no revenues from Federal sources
shall be used to support the operations or activities of the Statehood
Commission and Statehood Compact Commission: Provided further, That the
District of Columbia shall identify the sources of funding for
Admission to Statehood from its own locally-generated revenues:
Provided further, That all employees permanently assigned to work in
the Office of the Mayor shall be paid from funds allocated to the
Office of the Mayor: Provided further, That, notwithstanding any other
provision of law now or hereafter enacted, no Member of the District of
Columbia Council eligible to earn a part-time salary of $92,520,
exclusive of the Council Chairman, shall be paid a salary of more than
$84,635 during fiscal year 2000.
Economic Development and Regulation
Economic development and regulation, $190,335,000 (including
$52,911,000 from local funds, $84,751,000 from Federal funds, and
$52,673,000 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 Temporary Amendment Act of 1997 (D.C.
Law 12-23): Provided, That such funds are available for acquiring
services provided by the General Services Administration: Provided
further, That Business Improvement Districts shall be exempt from taxes
levied by the District of Columbia.
Public Safety and Justice
Public safety and justice, including purchase or lease of 135
passenger-carrying vehicles for replacement only, including 130 for
police-type use and five for fire-type use, without regard to the
general purchase price limitation for the current fiscal year,
$778,770,000 (including $565,511,000 from local funds, $29,012,000 from
Federal funds, and $184,247,000 from other funds): Provided, That the
Metropolitan Police Department is authorized to replace not to exceed
25 passenger-carrying vehicles and the Department of Fire and Emergency
Medical Services of the District of Columbia is authorized to replace
not to exceed five passenger-carrying vehicles annually whenever the
cost of repair to any damaged vehicle exceeds three-fourths of the cost
of the replacement: Provided further, That not to exceed $500,000 shall
be available from this appropriation for the Chief of Police for the
prevention and detection of crime: Provided further, That the
Metropolitan Police Department shall provide quarterly reports to the
Committees on Appropriations of the House of Representatives and the
Senate on efforts to increase efficiency and improve the
professionalism in the department: 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 up to $700,000 in local funds shall be available
for the operations of the Citizen Complaint Review Board.
Public Education System
Public education system, including the development of national
defense education programs, $867,411,000 (including $721,847,000 from
local funds, $120,951,000 from Federal funds, and $24,613,000 from
other funds), to be allocated as follows: $713,197,000 (including
$600,936,000 from local funds, $106,213,000 from Federal funds, and
$6,048,000 from other funds), for the public schools of the District of
Columbia; $10,700,000 from local funds for the District of Columbia
Teachers' Retirement Fund; $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; $27,885,000 from local funds
for public charter schools: Provided, 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 new public charter schools on a per
pupil basis: Provided further, That $480,000 of this amount shall be
available to the District of Columbia Public Charter School Board for
administrative costs; $72,347,000 (including $40,491,000 from local
funds, $13,536,000 from Federal funds, and $18,320,000 from other
funds) for the University of the District of Columbia; $24,171,000
(including $23,128,000 from local funds, $798,000 from Federal funds,
and $245,000 from other funds) for the Public Library; $2,111,000
(including $1,707,000 from local funds and $404,000 from Federal funds)
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 2000 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, 2000, 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 the
District of Columbia Public Schools shall not spend less than
$365,500,000 on local schools through the Weighted Student Formula in
fiscal year 2000: Provided further, That notwithstanding any other
provision of law, the Chief Financial Officer of the District of
Columbia shall apportion from the budget of the District of Columbia
Public Schools a sum totaling 5 percent of the total budget to be set
aside until the current student count for Public and Charter schools
has been completed, and that this amount shall be apportioned between
the Public and Charter schools based on their respective student
population count: Provided further, That the District of Columbia
Public Schools may spend $500,000 to engage in a Schools Without
Violence program based on a model developed by the University of North
Carolina, located in Greensboro, North Carolina.
Human Support Services
Human support services, $1,526,361,000 (including $635,373,000 from
local funds, $875,814,000 from Federal funds, and $15,174,000 from
other funds): Provided, That $25,150,000 of this appropriation, to
remain available until expended, shall be available solely for District
of Columbia employees' disability compensation: Provided further, That
a peer review committee shall be established to review medical payments
and the type of service received by a disability compensation claimant:
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.).
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, $271,395,000 (including $258,341,000 from local
funds, $3,099,000 from Federal funds, and $9,955,000 from other funds):
Provided, That this appropriation shall not be available for collecting
ashes or miscellaneous refuse from hotels and places of business.
Receivership Programs
For all agencies of the District of Columbia government under court
ordered receivership, $342,077,000 (including $217,606,000 from local
funds, $106,111,000 from Federal funds, and $18,360,000 from other
funds).
Workforce Investments
For workforce investments, $8,500,000 from local funds, to be
transferred by the Mayor of the District of Columbia within the various
appropriation headings in this Act for which employees are properly
payable.
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.
District of Columbia Financial Responsibility and Management Assistance
Authority
For the District of Columbia Financial Responsibility and
Management Assistance Authority, established by section 101(a) of the
District of Columbia Financial Responsibility and Management Assistance
Act of 1995 (109 Stat. 97; Public Law 104-8), $3,140,000: Provided,
That none of the funds contained in this Act may be used to pay any
compensation of the Executive Director or General Counsel of the
Authority at a rate in excess of the maximum rate of compensation which
may be paid to such individual during fiscal year 2000 under section
102 of such Act, as determined by the Comptroller General (as described
in GAO letter report B-279095.2).
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, as amended, and that funds shall be allocated for expenses
associated with the Wilson Building, $328,417,000 from local funds:
Provided, That for equipment leases, the Mayor may finance $27,527,000
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 $5,300,000 is allocated to
the Metropolitan Police Department, $3,200,000 for the Fire and
Emergency Medical Services Department, $350,000 for the Department of
Corrections, $15,949,000 for the Department of Public Works and
$2,728,000 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, $38,286,000 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, $9,000,000 from
local funds.
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.
Optical and Dental Insurance Payments
For optical and dental insurance payments, $1,295,000 from local
funds.
Productivity Bank
The Chief Financial Officer of the District of Columbia, under the
direction of the Mayor and the District of Columbia Financial
Responsibility and Management Assistance Authority, shall finance
projects totaling $20,000,000 in local funds that result in cost
savings or additional revenues, by an amount equal to such financing:
Provided, That the Mayor shall provide quarterly reports to the
Committees on Appropriations of the House of Representatives and the
Senate by the 15th calendar day after the end of each quarter beginning
December 31, 1999, on the status of the projects financed under this
heading.
Productivity Bank Savings
The Chief Financial Officer of the District of Columbia, under the
direction of the Mayor and the District of Columbia Financial
Responsibility and Management Assistance Authority, shall make
reductions totaling $20,000,000 in local funds. The reductions are to
be allocated to projects funded through the Productivity Bank that
produce cost savings or additional revenues in an amount equal to the
Productivity Bank financing: Provided, That the Mayor shall provide
quarterly reports to the Committees on Appropriations of the House of
Representatives and the Senate by the 15th calendar day after the end
of each quarter beginning December 31, 1999, on the status of the cost
savings or additional revenues funded under this heading.
Procurement and Management Savings
The Chief Financial Officer of the District of Columbia, under the
direction of the Mayor and the District of Columbia Financial
Responsibility and Management Assistance Authority, shall make
reductions of $14,457,000 for general supply schedule savings and
$7,000,000 for management reform savings, in local funds to one or more
of the appropriation headings in this Act: Provided, That the Mayor
shall provide quarterly reports to the Committees on Appropriations of
the House of Representatives and the Senate by the 15th calendar day
after the end of each quarter beginning December 31, 1999, on the
status of the general supply schedule savings and management reform
savings projected under this heading.
ENTERPRISE AND OTHER FUNDS
Water and Sewer Authority and the Washington Aqueduct
For operation of the Water and Sewer Authority and the Washington
Aqueduct, $279,608,000 from other funds (including $236,075,000 for the
Water and Sewer Authority and $43,533,000 for the Washington Aqueduct)
of which $35,222,000 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, $197,169,000, as authorized by the Act
entitled ``An Act authorizing the laying of watermains and service
sewers in the District of Columbia, the levying of assessments
therefor, and for other purposes'' (33 Stat. 244; Public Law 58-140;
D.C. Code, sec. 43-1512 et seq.): Provided, That the requirements and
restrictions that are applicable to general fund capital improvements
projects and set forth in this Act under the Capital Outlay
appropriation title shall apply to projects approved under this
appropriation title.
Lottery and Charitable Games Enterprise Fund
For the Lottery and Charitable Games Enterprise Fund, established
by the District of Columbia Appropriation Act for the fiscal year
ending September 30, 1982 (95 Stat. 1174 and 1175; Public Law 97-91),
for the purpose of implementing the Law to Legalize Lotteries, Daily
Numbers Games, and Bingo and Raffles for Charitable Purposes in the
District of Columbia (D.C. Law 3-172; D.C. Code, sec. 2-2501 et seq.
and sec. 22-1516 et seq.), $234,400,000: 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, $10,846,000 from other
funds for expenses incurred by the Armory Board in the exercise of its
powers granted by the Act entitled ``An Act To Establish A District of
Columbia Armory Board, and for other purposes'' (62 Stat. 339; D.C.
Code, sec. 2-301 et seq.) and the District of Columbia Stadium Act of
1957 (71 Stat. 619; Public Law 85-300; D.C. Code, sec. 2-321 et seq.):
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,
$133,443,000 of which $44,435,000 shall be derived by transfer from the
general fund and $89,008,000 from other funds.
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), $9,892,000 from the earnings of
the applicable retirement funds to pay legal, management, investment,
and other fees and administrative expenses of the District of Columbia
Retirement Board: Provided, That the District of Columbia Retirement
Board shall provide to the Congress and to the Council of the District
of Columbia a quarterly report of the allocations of charges by fund
and of expenditures of all funds: Provided further, That the District
of Columbia Retirement Board shall provide the Mayor, for transmittal
to the Council of the District of Columbia, an itemized accounting of
the planned use of appropriated funds in time for each annual budget
submission and the actual use of such funds in time for each annual
audited financial report: Provided further, That section 121(c)(1) of
the District of Columbia Retirement Reform Act (D.C. Code, sec. 1-
711(c)(1)) is amended by striking ``the total amount to which a member
may be entitled'' and all that follows and inserting the following:
``the total amount to which a member may be entitled under this
subsection during a year (beginning with 1998) may not exceed $5,000,
except that in the case of the Chairman of the Board and the Chairman
of the Investment Committee of the Board, such amount may not exceed
$7,500 (beginning with 2000).''.
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), $1,810,000 from other funds.
Washington Convention Center Enterprise Fund
For the Washington Convention Center Enterprise Fund, $50,226,000
from other funds.
Capital Outlay
(including rescissions)
For construction projects, $1,260,524,000 of which $929,450,000 is
from local funds, $54,050,000 is from the highway trust fund, and
$277,024,000 is from Federal funds, and a rescission of $41,886,500
from local funds appropriated under this heading in prior fiscal years,
for a net amount of $1,218,637,500 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, 2001, except authorizations for projects
as to which funds have been obligated in whole or in part prior to
September 30, 2001: Provided further, That upon expiration of any such
project authorization, the funds provided herein for the project shall
lapse.
General Provisions
Sec. 101. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive order issued pursuant to existing law.
Sec. 102. Except as otherwise provided in this Act, all vouchers
covering expenditures of appropriations contained in this Act shall be
audited before payment by the designated certifying official, and the
vouchers as approved shall be paid by checks issued by the designated
disbursing official.
Sec. 103. Whenever in this Act, an amount is specified within an
appropriation for particular purposes or objects of expenditure, such
amount, unless otherwise specified, shall be considered as the maximum
amount that may be expended for said purpose or object rather than an
amount set apart exclusively therefor.
Sec. 104. Appropriations in this Act shall be available, when
authorized by the Mayor, for allowances for privately owned automobiles
and motorcycles used for the performance of official duties at rates
established by the Mayor: Provided, That such rates shall not exceed
the maximum prevailing rates for such vehicles as prescribed in the
Federal Property Management Regulations 101-7 (Federal Travel
Regulations).
Sec. 105. Appropriations in this Act shall be available for
expenses of travel and for the payment of dues of organizations
concerned with the work of the District of Columbia government, when
authorized by the Mayor: Provided, That in the case of the Council of
the District of Columbia, funds may be expended with the authorization
of the chair of the Council.
Sec. 106. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of judgments that have been entered against the
District of Columbia government: Provided, That nothing contained in
this section shall be construed as modifying or affecting the
provisions of section 11(c)(3) of title XII of the District of Columbia
Income and Franchise Tax Act of 1947 (70 Stat. 78; Public Law 84-460;
D.C. Code, sec. 47-1812.11(c)(3)).
Sec. 107. Appropriations in this Act shall be available for the
payment of public assistance without reference to the requirement of
section 544 of the District of Columbia Public Assistance Act of 1982
(D.C. Law 4-101; D.C. Code, sec. 3-205.44), and for the payment of the
non-Federal share of funds necessary to qualify for grants under
subtitle A of title II of the Violent Crime Control and Law Enforcement
Act of 1994.
Sec. 108. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 109. No funds appropriated in this Act for the District of
Columbia government for the operation of educational institutions, the
compensation of personnel, or for other educational purposes may be
used to permit, encourage, facilitate, or further partisan political
activities. Nothing herein is intended to prohibit the availability of
school buildings for the use of any community or partisan political
group during non-school hours.
Sec. 110. None of the funds appropriated in this Act shall be made
available to pay the salary of any employee of the District of Columbia
government whose name, title, grade, salary, past work experience, and
salary history are not available for inspection by the House and Senate
Committees on Appropriations, the Subcommittee on the District of
Columbia of the House Committee on Government Reform, the Subcommittee
on Oversight of Government Management, Restructuring and the District
of Columbia of the Senate Committee on Governmental Affairs, and the
Council of the District of Columbia, or their duly authorized
representative.
Sec. 111. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making payments
authorized by the District of Columbia Revenue Recovery Act of 1977
(D.C. Law 2-20; D.C. Code, sec. 47-421 et seq.).
Sec. 112. No part of this appropriation shall be used for publicity
or propaganda purposes or implementation of any policy including
boycott designed to support or defeat legislation pending before
Congress or any State legislature.
Sec. 113. At the start of the fiscal year, the Mayor shall develop
an annual plan, by quarter and by project, for capital outlay
borrowings: Provided, That within a reasonable time after the close of
each quarter, the Mayor shall report to the Council of the District of
Columbia and the Congress the actual borrowings and spending progress
compared with projections.
Sec. 114. The Mayor shall not borrow any funds for capital projects
unless the Mayor has obtained prior approval from the Council of the
District of Columbia, by resolution, identifying the projects and
amounts to be financed with such borrowings.
Sec. 115. The Mayor shall not expend any moneys borrowed for
capital projects for the operating expenses of the District of Columbia
government.
Sec. 116. None of the funds provided under this Act to the agencies
funded by this Act, both Federal and District government agencies, that
remain available for obligation or expenditure in fiscal year 2000, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure for an agency through
a reprogramming of funds which: (1) creates new programs; (2)
eliminates a program, project, or responsibility center; (3)
establishes or changes allocations specifically denied, limited or
increased by Congress in this Act; (4) increases funds or personnel by
any means for any program, project, or responsibility center for which
funds have been denied or restricted; (5) reestablishes through
reprogramming any program or project previously deferred through
reprogramming; (6) augments existing programs, projects, or
responsibility centers through a reprogramming of funds in excess of
$1,000,000 or 10 percent, whichever is less; or (7) increases by 20
percent or more personnel assigned to a specific program, project, or
responsibility center; unless the Appropriations Committees of both the
Senate and House of Representatives are notified in writing 30 days in
advance of any reprogramming as set forth in this section.
Sec. 117. None of the Federal funds provided in this Act shall be
obligated or expended to provide a personal cook, chauffeur, or other
personal servants to any officer or employee of the District of
Columbia government.
Sec. 118. None of the Federal funds provided in this Act shall be
obligated or expended to procure passenger automobiles as defined in
the Automobile Fuel Efficiency Act of 1980 (94 Stat. 1824; Public Law
96-425; 15 U.S.C. 2001(2)), with an Environmental Protection Agency
estimated miles per gallon average of less than 22 miles per gallon:
Provided, That this section shall not apply to security, emergency
rescue, or armored vehicles.
Sec. 119. (a) City Administrator.--The last sentence of section
422(7) of the District of Columbia Home Rule Act (D.C. Code, sec. 1-
242(7)) is amended by striking ``, not to exceed'' and all that follows
and inserting a period.
(b) Board of Directors of Redevelopment Land Agency.--Section
1108(c)(2)(F) of the District of Columbia Government Comprehensive
Merit Personnel Act of 1978 (D.C. Code, sec. 1-612.8(c)(2)(F)) is
amended to read as follows:
``(F) Redevelopment Land Agency board members shall be paid
per diem compensation at a rate established by the Mayor,
except that such rate may not exceed the daily equivalent of
the annual rate of basic pay for level 15 of the District
Schedule for each day (including travel time) during which they
are engaged in the actual performance of their duties.''.
Sec. 120. 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. 121. No later than 30 days after the end of the first quarter
of the fiscal year ending September 30, 2000, the Mayor of the District
of Columbia shall submit to the Council of the District of Columbia the
new fiscal year 2000 revenue estimates as of the end of the first
quarter of fiscal year 2000. These estimates shall be used in the
budget request for the fiscal year ending September 30, 2001. The
officially revised estimates at midyear shall be used for the midyear
report.
Sec. 122. No sole source contract with the District of Columbia
government or any agency thereof may be renewed or extended without
opening that contract to the competitive bidding process as set forth
in section 303 of the District of Columbia Procurement Practices Act of
1985 (D.C. Law 6-85; D.C. Code, sec. 1-1183.3), except that the
District of Columbia government or any agency thereof may renew or
extend sole source contracts for which competition is not feasible or
practical: Provided, That the determination as to whether to invoke the
competitive bidding process has been made in accordance with duly
promulgated rules and procedures and said determination has been
reviewed and approved by the District of Columbia Financial
Responsibility and Management Assistance Authority.
Sec. 123. 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. 124. 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. 125. (a) An entity of the District of Columbia government may
accept and use a gift or donation during fiscal year 2000 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. 126. 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. 127. (a) The University of the District of Columbia shall
submit to the Mayor, the District of Columbia Financial Responsibility
and Management Assistance Authority and the Council of the District of
Columbia no later than 15 calendar days after the end of each quarter a
report that sets forth--
(1) current quarter expenditures and obligations, year-to-
date expenditures and obligations, and total fiscal year
expenditure projections versus budget broken out on the basis
of control center, responsibility center, and object class, and
for all funds, non-appropriated funds, and capital financing;
(2) a list of each account for which spending is frozen and
the amount of funds frozen, broken out by control center,
responsibility center, detailed object, and for all funding
sources;
(3) a list of all active contracts in excess of $10,000
annually, which contains the name of each contractor; the
budget to which the contract is charged, broken out on the
basis of control center and responsibility center, and contract
identifying codes used by the University of the District of
Columbia; payments made in the last quarter and year-to-date,
the total amount of the contract and total payments made for
the contract and any modifications, extensions, renewals; and
specific modifications made to each contract in the last month;
(4) all reprogramming requests and reports that have been
made by the University of the District of Columbia within the
last quarter in compliance with applicable law; and
(5) changes made in the last quarter to the organizational
structure of the University of the District of Columbia,
displaying previous and current control centers and
responsibility centers, the names of the organizational
entities that have been changed, the name of the staff member
supervising each entity affected, and the reasons for the
structural change.
(b) The Mayor, the Authority, and the Council shall provide the
Congress by February 1, 2000, a summary, analysis, and recommendations
on the information provided in the quarterly reports.
Sec. 128. 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. 129. (a) None of the funds contained in this Act may be made
available to pay the fees of an attorney who represents a party who
prevails in an action, including an administrative proceeding, brought
against the District of Columbia Public Schools under the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.) if--
(1) the hourly rate of compensation of the attorney exceeds
120 percent of the hourly rate of compensation under section
11-2604(a), District of Columbia Code; or
(2) the maximum amount of compensation of the attorney
exceeds 120 percent of the maximum amount of compensation under
section 11-2604(b)(1), District of Columbia Code, except that
compensation and reimbursement in excess of such maximum may be
approved for extended or complex representation in accordance
with section 11-2604(c), District of Columbia Code.
(b) Notwithstanding the preceding subsection, if the Mayor,
District of Columbia Financial Responsibility and Management Assistance
Authority and the Superintendent of the District of Columbia Public
Schools concur in a Memorandum of Understanding setting forth a new
rate and amount of compensation, then such new rates shall apply in
lieu of the rates set forth in the preceding subsection.
Sec. 130. None of the funds appropriated under this Act shall be
expended for any abortion except where the life of the mother would be
endangered if the fetus were carried to term or where the pregnancy is
the result of an act of rape or incest.
Sec. 131. None of the funds made available in this Act may be used
to implement or enforce the Health Care Benefits Expansion Act of 1992
(D.C. Law 9-114; D.C. Code, sec. 36-1401 et seq.) or to otherwise
implement or enforce any system of registration of unmarried,
cohabiting couples (whether homosexual, heterosexual, or lesbian),
including but not limited to registration for the purpose of extending
employment, health, or governmental benefits to such couples on the
same basis that such benefits are extended to legally married couples.
Sec. 132. The Superintendent of the District of Columbia Public
Schools shall submit to the Congress, the Mayor, the District of
Columbia Financial Responsibility and Management Assistance Authority,
and the Council of the District of Columbia no later than 15 calendar
days after the end of each quarter a report that sets forth--
(1) current quarter expenditures and obligations, year-to-
date expenditures and obligations, and total fiscal year
expenditure projections versus budget, broken out on the basis
of control center, responsibility center, agency reporting
code, and object class, and for all funds, including capital
financing;
(2) a list of each account for which spending is frozen and
the amount of funds frozen, broken out by control center,
responsibility center, detailed object, and agency reporting
code, and for all funding sources;
(3) a list of all active contracts in excess of $10,000
annually, which contains the name of each contractor; the
budget to which the contract is charged, broken out on the
basis of control center, responsibility center, and agency
reporting code; and contract identifying codes used by the
District of Columbia Public Schools; payments made in the last
quarter and year-to-date, the total amount of the contract and
total payments made for the contract and any modifications,
extensions, renewals; and specific modifications made to each
contract in the last month;
(4) all reprogramming requests and reports that are
required to be, and have been, submitted to the Board of
Education; and
(5) changes made in the last quarter to the organizational
structure of the District of Columbia Public Schools,
displaying previous and current control centers and
responsibility centers, the names of the organizational
entities that have been changed, the name of the staff member
supervising each entity affected, and the reasons for the
structural change.
Sec. 133. (a) In General.--The Superintendent of the District of
Columbia Public Schools and the University of the District of Columbia
shall annually compile an accurate and verifiable report on the
positions and employees in the public school system and the university,
respectively. The annual report shall set forth--
(1) the number of validated schedule A positions in the
District of Columbia public schools and the University of the
District of Columbia for fiscal year 1999, fiscal year 2000,
and thereafter on full-time equivalent basis, including a
compilation of all positions by control center, responsibility
center, funding source, position type, position title, pay
plan, grade, and annual salary; and
(2) a compilation of all employees in the District of
Columbia public schools and the University of the District of
Columbia as of the preceding December 31, verified as to its
accuracy in accordance with the functions that each employee
actually performs, by control center, responsibility center,
agency reporting code, program (including funding source),
activity, location for accounting purposes, job title, grade
and classification, annual salary, and position control number.
(b) Submission.--The annual report required by subsection (a) of
this section shall be submitted to the Congress, the Mayor, the
District of Columbia Council, the Consensus Commission, and the
Authority, not later than February 15 of each year.
Sec. 134. (a) No later than November 1, 1999, or within 30 calendar
days after the date of the enactment of this Act, whichever occurs
later, and each succeeding year, the Superintendent of the District of
Columbia Public Schools and the University of the District of Columbia
shall submit to the appropriate congressional committees, the Mayor,
the District of Columbia Council, the Consensus Commission, and the
District of Columbia Financial Responsibility and Management Assistance
Authority, a revised appropriated funds operating budget for the public
school system and the University of the District of Columbia for such
fiscal year that is in the total amount of the approved appropriation
and that realigns budgeted data for personal services and other-than-
personal services, respectively, with anticipated actual expenditures.
(b) The revised budget required by subsection (a) of this section
shall be submitted in the format of the budget that the Superintendent
of the District of Columbia Public Schools and the University of the
District of Columbia submit to the Mayor of the District of Columbia
for inclusion in the Mayor's budget submission to the Council of the
District of Columbia pursuant to section 442 of the District of
Columbia Home Rule Act (Public Law 93-198; D.C. Code, sec. 47-301).
Sec. 135. The District of Columbia Financial Responsibility and
Management Assistance Authority, acting on behalf of the District of
Columbia Public Schools (DCPS) in formulating the DCPS budget, the
Board of Trustees of the University of the District of Columbia, the
Board of Library Trustees, and the Board of Governors of the University
of the District of Columbia School of Law shall vote on and approve the
respective annual or revised budgets for such entities before
submission to the Mayor of the District of Columbia for inclusion in
the Mayor's budget submission to the Council of the District of
Columbia in accordance with section 442 of the District of Columbia
Home Rule Act (Public Law 93-198; D.C. Code, sec. 47-301), or before
submitting their respective budgets directly to the Council.
Sec. 136. (a) Ceiling on Total Operating Expenses.--
(1) In general.--Notwithstanding any other provision of
law, the total amount appropriated in this Act for operating
expenses for the District of Columbia for fiscal year 2000
under the heading ``Division of Expenses'' shall not exceed the
lesser of--
(A) the sum of the total revenues of the District
of Columbia for such fiscal year; or
(B) $5,515,379,000 (of which $152,753,000 shall be
from intra-District funds and $3,113,854,000 shall be
from local funds), which amount may be increased by the
following:
(i) proceeds of one-time transactions,
which are expended for emergency or
unanticipated operating or capital needs
approved by the District of Columbia Financial
Responsibility and Management Assistance
Authority; or
(ii) after notification to the Council,
additional expenditures which the Chief
Financial Officer of the District of Columbia
certifies will produce additional revenues
during such fiscal year at least equal to 200
percent of such additional expenditures, and
that are approved by the Authority.
(2) Enforcement.--The Chief Financial Officer of the
District of Columbia and the Authority shall take such steps as
are necessary to assure that the District of Columbia meets the
requirements of this section, including the apportioning by the
Chief Financial Officer of the appropriations and funds made
available to the District during fiscal year 2000, 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.
(b) Acceptance and Use of Grants Not Included in Ceiling.--
(1) In general.--Notwithstanding subsection (a), the Mayor,
in consultation with the Chief Financial Officer, during a
control year, as defined in section 305(4) of the District of
Columbia Financial Responsibility and Management Assistance Act
of 1995 (Public Law 104-8; 109 Stat. 152), may accept,
obligate, and expend Federal, private, and other grants
received by the District government that are not reflected in
the amounts appropriated in this Act.
(2) Requirement of chief financial officer report and
authority approval.--No such Federal, private, or other grant
may be accepted, obligated, or expended pursuant to paragraph
(1) until--
(A) the Chief Financial Officer of the District of
Columbia submits to the Authority a report setting
forth detailed information regarding such grant; and
(B) the Authority has reviewed and approved the
acceptance, obligation, and expenditure of such grant
in accordance with review and approval procedures
consistent with the provisions of the District of
Columbia Financial Responsibility and Management
Assistance Act of 1995.
(3) Prohibition on spending in anticipation of approval or
receipt.--No amount may be obligated or expended from the
general fund or other funds of the District government in
anticipation of the approval or receipt of a grant under
paragraph (2)(B) of this subsection or in anticipation of the
approval or receipt of a Federal, private, or other grant not
subject to such paragraph.
(4) Quarterly reports.--The Chief Financial Officer of the
District of Columbia shall prepare a quarterly report setting
forth detailed information regarding all Federal, private, and
other grants subject to this subsection. Each such report shall
be submitted to the Council of the District of Columbia, and to
the Committees on Appropriations of the House of
Representatives and the Senate, not later than 15 days after
the end of the quarter covered by the report.
(c) 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. 137. If a department or agency of the government of the
District of Columbia is under the administration of a court-appointed
receiver or other court-appointed official during fiscal year 2000 or
any succeeding fiscal year, the receiver or official shall prepare and
submit to the Mayor, for inclusion in the annual budget of the District
of Columbia for the year, annual estimates of the expenditures and
appropriations necessary for the maintenance and operation of the
department or agency. All such estimates shall be forwarded by the
Mayor to the Council, for its action pursuant to sections 446 and
603(c) of the District of Columbia Home Rule Act, without revision but
subject to the Mayor's recommendations. Notwithstanding any provision
of the District of Columbia Home Rule Act (87 Stat. 774; Public Law 93-
198) the Council may comment or make recommendations concerning such
annual estimates but shall have no authority under such Act to revise
such estimates.
Sec. 138. (a) Notwithstanding any other provision of law, rule, or
regulation, an employee of the District of Columbia public schools
shall be--
(1) classified as an Educational Service employee;
(2) placed under the personnel authority of the Board of
Education; and
(3) subject to all Board of Education rules.
(b) School-based personnel shall constitute a separate competitive
area from nonschool-based personnel who shall not compete with school-
based personnel for retention purposes.
Sec. 139. (a) Restrictions on Use of Official Vehicles.--Except as
otherwise provided in this section, none of the funds made available by
this Act or by any other Act may be used to provide any officer or
employee of the District of Columbia with an official vehicle unless
the officer or employee uses the vehicle only in the performance of the
officer's or employee's official duties. For purposes of this
paragraph, the term ``official duties'' does not include travel between
the officer's or employee's residence and workplace (except: (1) in the
case of an officer or employee of the Metropolitan Police Department
who resides in the District of Columbia or is otherwise designated by
the Chief of the Department; (2) at the discretion of the Fire Chief,
an officer or employee of the District of Columbia Fire and Emergency
Medical Services Department who resides in the District of Columbia and
is on call 24 hours a day; (3) the Mayor of the District of Columbia;
and (4) the Chairman of the Council of the District of Columbia).
(b) Inventory of Vehicles.--The Chief Financial Officer of the
District of Columbia shall submit, by November 15, 1999, an inventory,
as of September 30, 1999, of all vehicles owned, leased or operated by
the District of Columbia government. The inventory shall include, but
not be limited to, the department to which the vehicle is assigned; the
year and make of the vehicle; the acquisition date and cost; the
general condition of the vehicle; annual operating and maintenance
costs; current mileage; and whether the vehicle is allowed to be taken
home by a District officer or employee and if so, the officer or
employee's title and resident location.
Sec. 140. (a) Source of Payment for Employees Detailed Within
Government.--For purposes of determining the amount of funds expended
by any entity within the District of Columbia government during fiscal
year 2000 and each succeeding fiscal year, any expenditures of the
District government attributable to any officer or employee of the
District government who provides services which are within the
authority and jurisdiction of the entity (including any portion of the
compensation paid to the officer or employee attributable to the time
spent in providing such services) shall be treated as expenditures made
from the entity's budget, without regard to whether the officer or
employee is assigned to the entity or otherwise treated as an officer
or employee of the entity.
(b) Modification of Reduction in Force Procedures.--The District of
Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C.
Code, sec. 1-601.1 et seq.), is further amended in section 2408(a) by
striking ``1999'' and inserting ``2000''; in subsection (b), by
striking ``1999'' and inserting ``2000''; in subsection (i), by
striking ``1999'' and inserting ``2000''; and in subsection (k), by
striking ``1999'' and inserting ``2000''.
Sec. 141. Notwithstanding any other provision of law, not later
than 120 days after the date that a District of Columbia Public Schools
(DCPS) student is referred for evaluation or assessment--
(1) the District of Columbia Board of Education, or its
successor, and DCPS shall assess or evaluate a student who may
have a disability and who may require special education
services; and
(2) if a student is classified as having a disability, as
defined in section 101(a)(1) of the Individuals with
Disabilities Education Act (84 Stat. 175; 20 U.S.C. 1401(a)(1))
or in section 7(8) of the Rehabilitation Act of 1973 (87 Stat.
359; 29 U.S.C. 706(8)), the Board and DCPS shall place that
student in an appropriate program of special education
services.
Sec. 142. (a) Compliance With Buy American Act.--None of the funds
made available in this Act may be expended by an entity unless the
entity agrees that in expending the funds the entity will comply with
the Buy American Act (41 U.S.C. 10a-10c).
(b) Sense of the Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In
the case of any equipment or product that may be authorized to
be purchased with financial assistance provided using funds
made available in this Act, it is the sense of the Congress
that entities receiving the assistance should, in expending the
assistance, purchase only American-made equipment and products
to the greatest extent practicable.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act,
the head of each agency of the Federal or District of Columbia
government shall provide to each recipient of the assistance a
notice describing the statement made in paragraph (1) by the
Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.
Sec. 143. None of the funds contained in this Act may be used for
purposes of the annual independent audit of the District of Columbia
government (including the District of Columbia Financial Responsibility
and Management Assistance Authority) for fiscal year 2000 unless--
(1) the audit is conducted by the Inspector General of the
District of Columbia pursuant to section 208(a)(4) of the
District of Columbia Procurement Practices Act of 1985 (D.C.
Code, sec. 1-1182.8(a)(4)); and
(2) the audit includes a comparison of audited actual year-
end results with the revenues submitted in the budget document
for such year and the appropriations enacted into law for such
year.
Sec. 144. Nothing in this Act shall be construed to authorize any
office, agency or entity to expend funds for programs or functions for
which a reorganization plan is required but has not been approved by
the District of Columbia Financial Responsibility and Management
Assistance Authority. Appropriations made by this Act for such programs
or functions are conditioned only on the approval by the Authority of
the required reorganization plans.
Sec. 145. Notwithstanding any other provision of law, rule, or
regulation, the evaluation process and instruments for evaluating
District of Columbia Public School employees shall be a non-negotiable
item for collective bargaining purposes.
Sec. 146. None of the funds contained in this Act may be used by
the District of Columbia Corporation Counsel or any other officer or
entity of the District government to provide assistance for any
petition drive or civil action which seeks to require Congress to
provide for voting representation in Congress for the District of
Columbia.
Sec. 147. None of the funds contained in this Act may be used to
transfer or confine inmates classified above the medium security level,
as defined by the Federal Bureau of Prisons classification instrument,
to the Northeast Ohio Correctional Center located in Youngstown, Ohio.
Sec. 148. (a) Section 202(i) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995 (Public Law 104-
8), as added by section 155 of the District of Columbia Appropriations
Act, 1999, is amended to read as follows:
``(j) Reserve.--
``(1) In general.--Beginning with fiscal year 2000, the
plan or budget submitted pursuant to this Act shall contain
$150,000,000 for a reserve to be established by the Mayor,
Council of the District of Columbia, Chief Financial Officer
for the District of Columbia, and the District of Columbia
Financial Responsibility and Management Assistance Authority.
``(2) Conditions on use.--The reserve funds--
``(A) shall only be expended according to criteria
established by the Chief Financial Officer and approved
by the Mayor, Council of the District of Columbia, and
District of Columbia Financial Responsibility and
Management Assistance Authority, but, in no case may
any of the reserve funds be expended until any other
surplus funds have been used;
``(B) shall not be used to fund the agencies of the
District of Columbia government under court ordered
receivership; and
``(C) shall not be used to fund shortfalls in the
projected reductions budgeted in the budget proposed by
the District of Columbia government for general supply
schedule savings and management reform savings.
``(3) Report requirement.--The Authority shall notify the
Appropriations Committees of both the Senate and House of
Representatives in writing 30 days in advance of any
expenditure of the reserve funds.''.
(b) Section 202 of such Act (Public Law 104-8), as amended by
subsection (a), is further amended by adding at the end the following:
``(k) Positive Fund Balance.--
``(1) In general.--The District of Columbia shall maintain
at the end of a fiscal year an annual positive fund balance in
the general fund of not less than 4 percent of the projected
general fund expenditures for the following fiscal year.
``(2) Excess funds.--Of funds remaining in excess of the
amounts required by paragraph (1)--
``(A) not more than 50 percent may be used for
authorized non-recurring expenses; and
``(B) not less than 50 percent shall be used to
reduce the debt of the District of Columbia.''.
Sec. 149. (a) No later than November 1, 1999, 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 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 budgeted data for personal services and other-than-personal-
services, respectively, with anticipated actual expenditures.
(b) The revised budget required by subsection (a) of this section
shall be submitted in the format of the budget that the 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).
Sec. 150. None of the funds contained in this Act may be used for
any program of distributing sterile needles or syringes for the
hypodermic injection of any illegal drug.
Sec. 151. (a) Restrictions on Leases.--Upon the expiration of the
60-day period that begins on the date of the enactment of this Act,
none of the funds contained in this Act may be used to make rental
payments under a lease for the use of real property by the District of
Columbia government (including any independent agency of the District)
unless the lease and an abstract of the lease have been filed (by the
District of Columbia or any other party to the lease) with the central
office of the Deputy Mayor for Economic Development, in an indexed
registry available for public inspection.
(b) Additional Restrictions on Current Leases.--
(1) In general.--Upon the expiration of the 60-day period
that begins on the date of the enactment of this Act, in the
case of a lease described in paragraph (3), none 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, 1999) not later than 20
days after the end of the quarter involved, plus an initial
report submitted not later than 60 days after the date of the
enactment of this Act, which shall provide information as of
the date of the enactment of this Act.
(3) Leases described.--A lease described in this paragraph
is a lease in effect as of the date of the enactment of this
Act for the use of real property by the District of Columbia
government (including any independent agency of the District)
which is not being occupied by the District government
(including any independent agency of the District) as of such
date or during the 60-day period which begins on the date of
the enactment of this Act.
Sec. 152. (a) Management of Existing District Government
Property.--Upon the expiration of the 60-day period that begins on the
date of the enactment of this Act, none of the funds contained in this
Act may be used to enter into a lease (or to make rental payments under
such a lease) for the use of real property by the District of Columbia
government (including any independent agency of the District) or to
purchase real property for the use of 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 and Oversight of the House of
Representatives, and the Committee on Governmental Affairs of
the Senate a report which provides a comprehensive plan for the
management of District of Columbia real property assets, and
are proceeding with the implementation of the plan.
(b) Termination of Provisions.--If the District of Columbia enacts
legislation to reform the practices and procedures governing the
entering into of leases for the use of real property by the District of
Columbia government and the disposition of surplus real property of the
District government, the provisions of subsection (a) shall cease to be
effective upon the effective date of the legislation.
Sec. 153. Section 603(e)(2)(B) of the Student Loan Marketing
Association Reorganization Act of 1996 (Public Law 104-208; 110 Stat.
3009-293) is amended--
(1) by inserting ``and public charter'' after ``public'';
and
(2) by adding at the end the following: ``Of such amounts
and proceeds, $5,000,000 shall be set aside for use as a credit
enhancement fund for public charter schools in the District of
Columbia, with the administration of the fund (including the
making of loans) to be carried out by the Mayor through a
committee consisting of three individuals appointed by the
Mayor of the District of Columbia and two individuals appointed
by the Public Charter School Board established under section
2214 of the District of Columbia School Reform Act of 1995.''.
Sec. 154. The Mayor, District of Columbia Financial Responsibility
and Management Assistance Authority, and the Superintendent of Schools
shall implement a process to dispose of excess public school real
property within 90 days of the enactment of this Act.
Sec. 155. Section 2003 of the District of Columbia School Reform
Act of 1995 (Public Law 104-134; D.C. Code, sec. 31-2851) is amended by
striking ``during the period'' and ``and ending 5 years after such
date.''.
Sec. 156. Section 2206(c) of the District of Columbia School Reform
Act of 1995 (Public Law 104-134; D.C. Code, sec. 31-2853.16(c)) is
amended by adding at the end the following: ``, except that a
preference in admission may be given to an applicant who is a sibling
of a student already attending or selected for admission to the public
charter school in which the applicant is seeking enrollment.''.
Sec. 157. (a) Transfer of Funds.--There is hereby transferred from
the District of Columbia Financial Responsibility and Management
Assistance Authority (hereafter referred to as the ``Authority'') to
the District of Columbia the sum of $18,000,000 for severance payments
to individuals separated from employment during fiscal year 2000 (under
such terms and conditions as the Mayor considers appropriate), expanded
contracting authority of the Mayor, and the implementation of a system
of managed competition among public and private providers of goods and
services by and on behalf of the District of Columbia: Provided, That
such funds shall be used only in accordance with a plan agreed to by
the Council and the Mayor and approved by the Committees on
Appropriations of the House of Representatives and the Senate: Provided
further, That the Authority and the Mayor shall coordinate the spending
of funds for this program so that continuous progress is made. The
Authority shall release said funds, on a quarterly basis, to reimburse
such expenses, so long as the Authority certifies that the expenses
reduce re-occurring future costs at an annual ratio of at least 2 to 1
relative to the funds provided, and that the program is in accordance
with the best practices of municipal government.
(b) Source of Funds.--The amount transferred under subsection (a)
shall be derived from interest earned on accounts held by the Authority
on behalf of the District of Columbia.
Sec. 158. (a) In General.--The District of Columbia Financial
Responsibility and Management Assistance Authority (hereafter referred
to as the ``Authority''), working with the Commonwealth of Virginia and
the Director of the National Park Service, shall carry out a project to
complete all design requirements and all requirements for compliance
with the National Environmental Policy Act for the construction of
expanded lane capacity for the Fourteenth Street Bridge.
(b) Source of Funds; Transfer.--For purposes of carrying out the
project under subsection (a), there is hereby transferred to the
Authority from the District of Columbia dedicated highway fund
established pursuant to section 3(a) of the District of Columbia
Emergency Highway Relief Act (Public Law 104-21; D.C. Code, sec. 7-
134.2(a)) an amount not to exceed $5,000,000.
Sec. 159. (a) In General.--The Mayor of the District of Columbia
shall carry out through the Army Corps of Engineers, an Anacostia River
environmental cleanup program.
(b) Source of Funds.--There are hereby transferred to the Mayor
from the escrow account held by the District of Columbia Financial
Responsibility and Management Assistance Authority pursuant to section
134 of division A of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999 (Public Law 105-277; 112 Stat.
2681-552), for infrastructure needs of the District of Columbia,
$5,000,000.
Sec. 160. (a) Prohibiting Payment of Administrative Costs From
Fund.--Section 16(e) of the Victims of Violent Crime Compensation Act
of 1996 (D.C. Code, sec. 3-435(e)) is amended--
(1) by striking ``and administrative costs necessary to
carry out this chapter''; and
(2) by striking the period at the end and inserting the
following: ``, and no monies in the Fund may be used for any
other purpose.''.
(b) Maintenance of Fund in Treasury of the United States.--
(1) In general.--Section 16(a) of such Act (D.C. Code, sec.
3-435(a)) is amended by striking the second sentence and
inserting the following: ``The Fund shall be maintained as a
separate fund in the Treasury of the United States. All amounts
deposited to the credit of the Fund are appropriated without
fiscal year limitation to make payments as authorized under
subsection (e).''.
(2) Conforming amendment.--Section 16 of such Act (D.C.
Code, sec. 3-435) is amended by striking subsection (d).
(c) Deposit of Other Fees and Receipts Into Fund.--Section 16(c) of
such Act (D.C. Code, sec. 3-435(c)) is amended by inserting after
``1997,'' the second place it appears the following: ``any other fines,
fees, penalties, or assessments that the Court determines necessary to
carry out the purposes of the Fund,''.
(d) Annual Transfer of Unobligated Balances to Miscellaneous
Receipts of Treasury.--Section 16 of such Act (D.C. Code, sec. 3-435),
as amended by subsection (b)(2), is further amended by inserting after
subsection (c) the following new subsection:
``(d) Any unobligated balance existing in the Fund in excess of
$250,000 as of the end of each fiscal year (beginning with fiscal year
2000) shall be transferred to miscellaneous receipts of the Treasury of
the United States not later than 30 days after the end of the fiscal
year.''.
(e) Ratification of Payments and Deposits.--Any payments made from
or deposits made to the Crime Victims Compensation Fund on or after
April 9, 1997 are hereby ratified, to the extent such payments and
deposits are authorized under the Victims of Violent Crime Compensation
Act of 1996 (D.C. Code, sec. 3-421 et seq.), as amended by this
section.
Sec. 161. 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. 162. The proposed budget of the government of the District of
Columbia for fiscal year 2001 that is submitted by the District to
Congress shall specify potential adjustments that might become
necessary in the event that the management savings achieved by the
District during the year do not meet the level of management savings
projected by the District under the proposed budget.
Sec. 163. 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. 164. (a) Authorizing Corps of Engineers To Perform Repairs and
Improvements.--In using the funds made available under this Act for
carrying out improvements to the Southwest Waterfront in the District
of Columbia (including upgrading marina dock pilings and paving and
restoring walkways in the marina and fish market areas) for the
portions of Federal property in the Southwest quadrant of the District
of Columbia within Lots 847 and 848, a portion of Lot 846, and the
unassessed Federal real property adjacent to Lot 848 in Square 473, any
entity of the District of Columbia government (including the District
of Columbia Financial Responsibility and Management Assistance
Authority or its designee) may place orders for engineering and
construction and related services with the Chief of Engineers of the
United States Army Corps of Engineers. The Chief of Engineers may
accept such orders on a reimbursable basis and may provide any part of
such services by contract. In providing such services, the Chief of
Engineers shall follow the Federal Acquisition Regulations and the
implementing Department of Defense regulations.
(b) Timing for Availability of Funds Under 1999 Act.--
(1) In general.--The District of Columbia Appropriations
Act, 1999 (Public Law 105-277; 112 Stat. 2681-124) is amended
in the item relating to ``FEDERAL FUNDS--Federal Payment for
Waterfront Improvements''--
(A) by striking ``existing lessees'' the first
place it appears and inserting ``existing lessees of
the Marina''; and
(B) by striking ``the existing lessees'' the second
place it appears and inserting ``such lessees''.
(2) Effective date.--This subsection shall take effect as
if included in the District of Columbia Appropriations Act,
1999.
(c) Additional Funding for Improvements Carried Out Through Corps
of Engineers.--
(1) In general.--There is hereby transferred from the
District of Columbia Financial Responsibility and Management
Assistance Authority to the Mayor the sum of $3,000,000 for
carrying out the improvements described in subsection (a)
through the Chief of Engineers of the United States Army Corps
of Engineers.
(2) Source of funds.--The funds transferred under paragraph
(1) shall be derived from the escrow account held by the
District of Columbia Financial Responsibility and Management
Assistance Authority pursuant to section 134 of division A of
the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999 (Public Law 105-277; 112 Stat. 2681-
552), for infrastructure needs of the District of Columbia.
(d) Quarterly Reports on Project.--The Mayor shall submit reports
to the Committee on Appropriations of the House of Representatives and
the Committee on Appropriations of the Senate on the status of the
improvements described in subsection (a) for each calendar quarter
occurring until the improvements are completed.
Sec. 165. It is the sense of the Congress that the District of
Columbia should not impose or take into consideration any height,
square footage, set-back, or other construction or zoning requirements
in authorizing the issuance of industrial revenue bonds for a project
of the American National Red Cross at 2025 E Street Northwest,
Washington, D.C., in as much as this project is subject to approval of
the National Capital Planning Commission and the Commission of Fine
Arts pursuant to section 11 of the joint resolution entitled ``Joint
Resolution to grant authority for the erection of a permanent building
for the American National Red Cross, District of Columbia Chapter,
Washington, District of Columbia'', approved July 1, 1947 (Public Law
100-637; 36 U.S.C. 300108 note).
Sec. 166. (a) Permitting Court Services and Offender Supervision
Agency To Carry Out Sex Offender Registration.--Section 11233(c) of the
National Capital Revitalization and Self-Government Improvement Act of
1997 (D.C. Code, sec. 24-1233(c)) is amended by adding at the end the
following new paragraph:
``(5) Sex offender registration.--The Agency shall carry
out sex offender registration functions in the District of
Columbia, and shall have the authority to exercise all powers
and functions relating to sex offender registration that are
granted to the Agency under any District of Columbia law.''.
(b) Authority During Transition to Full Operation of Agency.--
(1) Authority of pretrial services, parole, adult probation
and offender supervision trustee.--Notwithstanding section
11232(b)(1) of the National Capital Revitalization and Self-
Government Improvement Act of 1997 (D.C. Code, sec. 24-
1232(b)(1)), the Pretrial Services, Parole, Adult Probation and
Offender Supervision Trustee appointed under section 11232(a)
of such Act (hereafter referred to as the ``Trustee'') shall,
in accordance with section 11232 of such Act, exercise the
powers and functions of the Court Services and Offender
Supervision Agency for the District of Columbia (hereafter
referred to as the ``Agency'') relating to sex offender
registration (as granted to the Agency under any District of
Columbia law) only upon the Trustee's certification that the
Trustee is able to assume such powers and functions.
(2) Authority of metropolitan police department.--During
the period that begins on the date of the enactment of the Sex
Offender Registration Emergency Act of 1999 and ends on the
date the Trustee makes the certification described in paragraph
(1), the Metropolitan Police Department of the District of
Columbia shall have the authority to carry out any powers and
functions relating to sex offender registration that are
granted to the Agency or to the Trustee under any District of
Columbia law.
Sec. 167. (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. 168. (a) In General.--There is hereby transferred from the
District of Columbia Financial Responsibility and Management Assistance
Authority (hereinafter referred to as the ``Authority'') to the
District of Columbia the sum of $5,000,000 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 be available 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.
(b) Source of Funds.--The amount transferred under subsection (a)
shall be derived from interest earned on accounts held by the Authority
on behalf of the District of Columbia.
(c) Report.--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.
Sec. 169. Section 456 of the District of Columbia Home Rule Act
(section 47-231 et seq. of the D.C. Code, as added by the Federal
Payment Reauthorization Act of 1994 (Public Law 103-373)) is amended--
(1) in subsection (a)(1), by striking ``District of
Columbia Financial Responsibility and Management Assistance
Authority'' and inserting ``Mayor''; and
(2) in subsection (b)(1), by striking ``Authority'' and
inserting ``Mayor''.
Sec. 170. (a) Findings.--The Congress finds the following:
(1) The District of Columbia has recently witnessed a spate
of senseless killings of innocent citizens caught in the
crossfire of shootings. A Justice Department crime
victimization survey found that while the city saw a decline in
the homicide rate between 1996 and 1997, the rate was the
highest among a dozen cities and more than double the second
highest city.
(2) The District of Columbia has not made adequate funding
available to fight drug abuse in recent years, and the city has
not deployed its resources as effectively as possible. In
fiscal year 1998, $20,900,000 was spent on publicly funded drug
treatment in the District compared to $29,000,000 in fiscal
year 1993. The District's Addiction and Prevention and Recovery
Agency currently has only 2,200 treatment slots, a 50 percent
drop from 1994, with more than 1,100 people on waiting lists.
(3) The District of Columbia has seen a rash of inmate
escapes from halfway houses. According to Department of
Corrections records, between October 21, 1998 and January 19,
1999, 376 of the 1,125 inmates assigned to halfway houses
walked away. Nearly 280 of the 376 escapees were awaiting trial
including two charged with murder.
(4) The District of Columbia public schools system faces
serious challenges in correcting chronic problems, particularly
long-standing deficiencies in providing special education
services to the 1 in 10 District students needing program
benefits, including backlogged assessments, and repeated
failure to meet a compliance agreement on special education
reached with the Department of Education.
(5) Deficiencies in the delivery of basic public services
from cleaning streets to waiting time at Department of Motor
Vehicles to a rat population estimated earlier this year to
exceed the human population have generated considerable public
frustration.
(6) Last year, the District of Columbia forfeited millions
of dollars in Federal grants after Federal auditors determined
that several agencies exceeded grant restrictions and in other
instances, failed to spend funds before the grants expired.
(7) Findings of a 1999 report by the Annie E. Casey
Foundation that measured the well-being of children reflected
that, with one exception, the District ranked worst in the
United States in every category from infant mortality to the
rate of teenage births to statistics chronicling child poverty.
(b) Sense of the Congress.--It is the sense of the Congress that in
considering the District of Columbia's fiscal year 2001 budget, the
Congress will take into consideration progress or lack of progress in
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 pretrial 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.
(4) Education, including access to special education
services and student achievement.
(5) Improvement in basic city services, including rat
control and abatement.
(6) Application for and management of Federal grants.
(7) Indicators of child well-being.
Sec. 171. The Mayor, prior to using Federal Medicaid payments to
Disproportionate Share Hospitals to serve a small number of childless
adults, should consider the recommendations of the Health Care
Development Commission that has been appointed by the Council of the
District of Columbia to review this program, and consult and report to
Congress on the use of these funds.
Sec. 172. GAO Study of District of Columbia Criminal Justice
System. Not later than 1 year after the date of the enactment of this
Act, the Comptroller General of the United States shall--
(1) conduct a study of the law enforcement, court, prison,
probation, parole, and other components of the criminal justice
system of the District of Columbia, in order to identify the
components most in need of additional resources, including
financial, personnel, and management resources; and
(2) submit to Congress a report on the results of the study
under paragraph (1).
Sec. 173. 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. 174. Wireless Communications. (a) In General.--Not later than
7 days after the date of the enactment of this Act, the Secretary of
the Interior, acting through the Director of the National Park Service,
shall--
(1) implement the notice of decision approved by the
National Capital Regional Director, dated April 7, 1999,
including the provisions of the notice of decision concerning
the issuance of right-of-way permits at market rates; and
(2) expend such sums as are necessary to carry out
paragraph (1).
(b) Antenna Applications.--
(1) In general.--Not later than 120 days after the receipt
of an application, a Federal agency that receives an
application submitted after the enactment of this Act to locate
a wireless communications antenna on Federal property in the
District of Columbia or surrounding area over which the Federal
agency exercises control shall take final action on the
application, including action on the issuance of right-of-way
permits at market rates.
(2) Existing law.--Nothing in this subsection shall be
construed to affect the applicability of existing laws
regarding--
(A) judicial review under chapter 7 of title 5,
United States Code (the Administrative Procedure Act),
and the Communications Act of 1934;
(B) the National Environmental Policy Act, the
National Historic Preservation Act and other applicable
Federal statutes; and
(C) the authority of a State or local government or
instrumentality thereof, including the District of
Columbia, in the placement, construction, and
modification of personal wireless service facilities.
Sec. 175. (a)(1) The first paragraph under the heading ``Community
Development Block Grants'' in title II of H.R. 2684 (Public Law 106-74)
is amended by inserting after ``National American Indian Housing
Council,'' the following: ``$4,000,000 shall be available as a grant
for the Special Olympics in Anchorage, Alaska to develop the Ben Boeke
Arena and Hilltop Ski Area,''; and
(2) The paragraph that includes the words ``Economic Development
Initiative (EDI)'' under the heading ``Community Development Block
Grants'' in title II of H.R. 2684 (Public Law 106-74) is amended by
striking ``$240,000,000'' and inserting ``$243,500,000''.
(b) The statement of the managers of the committee of conference
accompanying H.R. 2684 is deemed to be amended under the heading
``Community Development Block Grants'' to include in the description of
targeted economic development initiatives the following:
``--$1,000,000 for the New Jersey Community Development
Corporation for the construction of the New Jersey Community
Development Corporation's Transportation Opportunity Center;
``--$750,000 for South Dakota State University in
Brookings, South Dakota for the development of a performing
arts center;
``--$925,000 for the Florida Association of Counties for a
Rural Capacity Building Pilot Project in Tallahassee, Florida;
``--$500,000 for the Osceola County Agriculture Center for
construction of a new and expanded agriculture center in
Osceola County, Florida;
``--$1,000,000 for the University of Syracuse in Syracuse,
New York for electrical infrastructure improvements.''; and the
current descriptions are amended as follows:
``--$1,700,000 to the City of Miami, Florida for the
development of a Homeownership Zone to assist residents
displaced by the demolition of public housing in the Model City
area;'' is amended to read as follows:
``--$1,700,000 to Miami-Dade County, Florida for an
economic development project at the Opa-locka Neighborhood
Center;'';
``--$250,000 to the Arizona Science Center in Yuma, Arizona
for its after-school program for inner-city youth;'' is amended
to read as follows:
``--$250,000 to the Arizona Science Center in Phoenix,
Arizona for its after-school program for inner-city youth;'';
``--$200,000 to the Schuylkill County Fire Fighters
Association for a smoke-maze building on the grounds of the
firefighters facility in Morea, Pennsylvania;'' is amended to
read as follows:
``--$200,000 to the Schuylkill County Fire Fighters
Association for a smoke-maze building and other facilities and
improvements on the grounds of the firefighters facility in
Morea, Pennsylvania;''.
(c) Notwithstanding any other provision of law, the $2,000,000 made
available pursuant to Public Law 105-276 for Pittsburgh, Pennsylvania
to redevelop the Sun Co./LTV Steel Site in Hazelwood, Pennsylvania is
available to the Department of Economic Development in Allegheny
County, Pennsylvania for the development of a technology based project
in the county.
(d) Insert the following new sections at the end of the
administrative provisions in title II of H.R. 2684 (Public Law 106-74):
``fha multifamily mortgage credit demonstration
``Sec. 226. Section 542 of the Housing and Community Development
Act of 1992 is amended--
``(1) in subsection (b)(5) by striking `during fiscal year
1999' and inserting `in each of the fiscal years 1999 and
2000'; and
``(2) in the first sentence of subsection (c)(4) by
striking `during fiscal year 1999' and inserting `in each of
fiscal years 1999 and 2000'.
``drug elimination program
``Sec. 227. (a) Section 5126(4) of the Public and Assisted Housing
Drug Elimination Act of 1990 is amended--
``(1) in subparagraph (B), by inserting after `1965;' the
following: `or';
``(2) in subparagraph (C), by striking `1937: or' and
inserting `1937.'; and
``(3) by striking subparagraph (D).
``(b) The amendments made by subsection (a) shall be construed to
have taken effect on October 21, 1998.''.
This title may be cited as the ``District of Columbia
Appropriations Act, 2000''.
TITLE II--TAX REDUCTION
Sec. 201. Commending reduction of taxes by district of columbia.
The Congress commends the District of Columbia for its action to reduce
taxes, and ratifies D.C. Act 13-110 (commonly known as the Service
Improvement and Fiscal Year 2000 Budget Support Act of 1999).
Sec. 202. Rule of construction. Nothing in this title may be
construed to limit the ability of the Council of the District of
Columbia to amend or repeal any provision of law described in this
title.
Attest:
Secretary.
106th CONGRESS
1st Session
H. R. 3194
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AMENDMENT
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