Shown Here:
Introduced in House (11/14/2000)

District of Columbia Appropriations Act, 2001 - Makes appropriations for the District of Columbia for FY 2001, including amounts for the Federal payments: (1) for District of Columbia Resident Tuition Support; (2) for incentives for adoption of children; (3) for the commercial revitalization program; (4) to the District of Columbia Public Schools; (5) for the Metropolitan Police Department; (6) to Covenant House Washington for a new community service center for homeless, runaway and at-risk youth; (7) to the District of Columbia Corrections Trustee Operations; (8) to the District of Columbia Courts; (9) to the Defender Services in District of Columbia Courts; (10) to the Court Services and Offender Supervision Agency for the District of Columbia (including transfer of funds); (11) to the Washington Interfaith Network for costs incurred in carrying out preconstruction activities at the former Fort Dupont Dwellings and Additions; (12) for a study and development of a plan to simplify the District government employee compensation system; (13) for construction of a Metrorail station to be located at New York and Florida Avenues, Northeast; (14) for Brownfield Remediation at Poplar Point; (15) to reimburse the District for expenses incurred in connection with presidential inauguration activities; (16) to the Children's National Medical Center; (17) to the Child Advocacy Center; (18) to the St. Coletta of Greater Washington, Inc. expansion project; and (19) to the District of Columbia Special Olympics.

Appropriates specified sums out of the District's general fund (and other funds, in some cases) for the current fiscal year for: (1) operating expenses (with certain limits); (2) the District of Columbia Financial Responsibility and Management Assistance Authority (Authority); (3) governmental direction and support; (4) economic development and regulation; (5) public safety and justice; (6) the public education system; (7) human support services; (8) public works; (9) receivership programs; (10) replacement of funds expended during FY 2000 from the Reserve established by the District of Columbia Financial Responsibility and Management Assistance Act of 1995; and (11) the emergency reserve fund established under the District of Columbia Home Rule Act by this Act.

Provides funds for the purpose of restructuring the delivery of health services in the District of Columbia, provided the restructuring plan reduces personnel levels of D.C. General Hospital and of the Public Benefit Corporation (PBC) consistent with the reduction set forth in the August 25, 2000, PBC Board of Directors resolution.

Appropriates funds for: (1) repayment of loans and interest; (2) repayment of general fund recovery debt; (3) payment of interest on short-term borrowing; (4) reimbursement for necessary expenses incurred in connection with presidential inauguration activities; (5) lease payments in accordance with the Certificates of Participation involving the land site underlying the building located at One Judiciary Square; (6) expenses associated with the John A. Wilson Building; (7) optical and dental insurance payments; (8) management supervisory service; (9) the implementation of a Cafeteria Plan; (10) the Water and Sewer Authority and the Washington Aqueduct; (11) the Lottery and Charitable Games Enterprise Fund; (12) the Sports and Entertainment Commission; (13) the District of Columbia Health and Hospitals Public Benefit Corporation; (14) the District of Columbia Retirement Board; (15) the Correctional Industries Fund; (16) the Washington Convention Center Enterprise Fund; and (17) capital outlay (including rescissions).

Transfers specified funds to the Tobacco Settlement Trust Fund to be spent pursuant to local law.

Requires the Mayor and District Council to make reductions of specified amounts for operational improvements savings and for management reform savings in local funds to one or more of the appropriation headings in this Act.

Sets forth authorizations as well as limitations and prohibitions on the uses of appropriations under this Act, and directives to the Mayor, the Council, and the Board of Education identical with or similar to those in the District of Columbia Appropriations Act, 2000.

(Sec. 104) Requires the Mayor to maintain an index of all employment personal services and consulting contracts (except collective bargaining agreements or related contracts) in effect on behalf of the District government, including severance clause information.

(Sec. 129) Amends the District of Columbia School Reform Act to modify contracting requirements for public charter schools with respect to: (1) specify exceptions to the notice requirements for procurement contracts; and (2) submission of contracts to the eligible chartering authority.

Provides that no provision of any law regarding the establishment, administration, or operation of District public charter schools shall apply if it duplicates or is inconsistent with such Act.

Subjects a public charter school which offers a preschool or prekindergarten program to the same child care licensing requirements (if any) which apply to a District public school which offers such a program.

Allows a public charter school to: (1) assign payments made to the school to a financial institution for use as collateral to secure a loan or for the repayment of a loan; (2) acquire goods and services through the General Services Administration (GSA) and participate in GSA programs in the same manner and to the extent as any District government entity; and (3) delegate to a nonprofit, District tax-exempt organization the school's authority to participate in such programs.

(Sec. 123) Prohibits the expenditure of funds appropriated under this Act for abortions except where the mother's life would be endangered if the fetus were carried to term or in cases of rape or incest.

(Sec. 124) Bars the use of funds made available by this Act to implement or enforce: (1) the District of Columbia Health Care Benefits Expansion Act of 1992 (also known as the District Domestic Partner Act); or (2) any system of registration of unmarried, cohabiting couples for purposes of extending them benefits on the same basis as such benefits are extended to legally married couples.

(Sec. 126) Allows the Mayor to accept, obligate, and expend Federal, private, and other grants received by the District government that are not reflected in the amounts appropriated in this Act if the Chief Financial Officer reports to the Authority on detailed information regarding such grant, and the Authority approves such activity. Prohibits any obligation or expenditure from the general fund or other District government funds in anticipation of the approval or receipt of a Federal, private, or other grant not subject to this Act.

(Sec. 129) Prohibits any D.C. government officer or employee from entering into a procurement agreement in excess of $2,500 on behalf of any D.C. government entity until the officer or employee has analyzed how procurement under D.C. government regulations and procedures would differ from procurement under the Federal supply schedule and other Government Services Administration regulations and procedures.

(Sec. 131) Requires recipients of funds under this Act to comply with the Buy American Act.

Expresses the sense of Congress that, to the greatest extent practicable, such funds should be used to purchase only American-made equipment and products.

Declares a person ineligible to receive any contract made with funds provided under this Act if the person has been judicially determined to have intentionally affixed a "Made in America" label to a product that is not U.S.-made.

(Sec. 134) Prohibits the use of funds contained in this Act to transfer or confine inmates classified above the medium security level, as defined by the Federal Bureau of Prisons classification instrument, to the Northeast Ohio Correctional Center located in Youngstown, Ohio.

(Sec. 135) Amends Federal law to transfer from the Comptroller General of the United States to the District's Inspector General responsibility for the annual financial statement audit of the District's Highway Trust Fund.

(Sec. 137) Prohibits the use of funds under this Act for any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug.

(Sec. 140) Prohibits the use of funds under this Act 60 days after its enactment to pay the salary of any chief financial officer of any District government office who has not filed a certification with the Mayor and the Chief Financial Officer that the officer understands the duties and restrictions applicable, including any duty to prepare certain requested reports.

(Sec. 141) Requires the proposed FY 2002 budget of the District government to specify potential adjustments that might become necessary in the event that the management savings achieved by the District during the year do not meet the level of management savings projected.

(Sec. 142) Requires any document showing the budget for a District government office that contains specified general, nondescriptive labels categorizing activities to include descriptions of the types of activities covered and a detailed breakdown of the amount allocated for each one.

(Sec. 143) Prohibits the use of funds under this Act to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act or any tetrahydrocannabinols (THC) derivative.

Provides that the Legalization of Marijuana for Medical Treatment Initiative of 1998, also known as Initiative 59, approved by the electors of the District on November 3, 1998, shall not take effect.

(Sec. 144) Authorizes the D.C. Mayor to allocate the District's limitation amount of qualified zone academy bonds among qualified zone academies within the District.

(Sec. 145) Amends the Balanced Budget Act of 1997 to treat the Trustee and employees of the Office of the Trustee and the Office of Adult Probation, the employees of the Office of Parole, and the employees of the Pretrial Services Agency as Federal employees solely for purposes relating to the Civil Service Retirement System, the Federal Employees Retirement System, life insurance, and health insurance.

(Sec. 146) Expresses the sense of the Congress that the Authority should quickly complete the sale of the Franklin School property which has been vacant for over 20 years.

(Sec. 147) Declares that: (1) nothing in this Act shall be construed to prevent the Council or Mayor from addressing the issue of the provision of contraceptive coverage by health insurance plans; but (2) it is the intent of Congress that any legislation enacted on such issue should include a "conscience clause" which provides exceptions for religious beliefs and moral convictions.

(Sec. 148) Repeals the Medical Examiner chapter of the District of Columbia Code. Makes such repeal effective on the date on which legislation enacted by the Council to establish the Office of the Chief Medical Examiner in the executive branch of the District government takes effect.

(Sec. 149) Requires the Superior Court of the District or the District of Columbia Court of Appeals to assign interest on a voucher submitted by a court-appointed attorney for payment if the voucher is not paid within 45 days of its submission.

(Sec. 150) Makes it unlawful for any person to distribute any needle or syringe for the hypodermic injection of any illegal drug in any area of the District of Columbia within 1000 feet of a public or private elementary or secondary school (including a public charter school). Specifies sites deemed outside or inside such 1000-foot perimeter.

(Sec. 151) Appropriates a Federal contribution to the D.C. Metropolitan Police Department upon enactment by the District of a specified law banning possession of tobacco products by individuals under age 18.

(Sec. 152) Declares that nothing in this Act bars the District of Columbia Corporation Counsel from reviewing or commenting on briefs in private lawsuits, or from consulting with officials of the District government regarding such lawsuits.

(Sec. 153) Declares that nothing in the Federal Grant and Cooperative Agreements Act of 1977 may be construed to prohibit the Administrator of the Environmental Protection Agency from negotiating and entering into cooperative agreements and grants which affect real property of the Federal Government in the District of Columbia, if the principal purpose of the agreement or grant is to provide comparable benefits for Federal and Non-Federal properties in the District of Columbia.

(Sec. 154) Amends the District of Columbia Home Rule Act to direct the District of Columbia to conduct its financial management in accordance with a comprehensive financial management policy covering cash, debt, financial asset, emergency reserve management policies, and a policy for determining real property tax exemptions for the District of Columbia. Prescribes procedures for: (1) annual review of the comprehensive management policy by the Chief Financial Officer; and (2) development of the first such policy.

(Sec. 155) Amends the District of Columbia Home Rule Act to outline the duties of the Chief Financial Officer in a non-control year or following the lapse of the District of Columbia Financial Responsibility and Management Assistance Authority.

(Sec. 156) Declares that employees of the District of Columbia government will only receive overtime compensation for time worked in excess of 40 hours per week.

(Sec. 157) Authorizes the Court Services and Offender Supervision Agency to continue to operate its ongoing drug-free workplace testing program during the period that its plan is being reviewed for approval by the Department of Health and Human Services.

(Sec. 158) Requires the Mayor to report quarterly, beginning October 1, 2000, to specified congressional committees on the District's progress with respect to: (1) crime; (2) access to drug abuse treatment; (3) management of parolees and pre-trial violent offenders; (4) education; (5) improvement in basic District services, including rat control and abatement; (6) application for and management of Federal grants; and (7) indicators of child well-being.

(Sec. 159) Amends the District of Columbia Home Rule Act to establish an interest-bearing emergency cash reserve fund into which the Mayor shall deposit an amount required to maintain a balance (by FY 2004, and incrementally until then) of at least four percent of the total budget appropriated for operating expenditures for the fiscal year which is derived from local funds. Requires full replenishment of the fund at the beginning of each fiscal year. Limits the use of the emergency reserve fund to unanticipated and non-recurring extraordinary needs of an emergency nature, including a natural disaster or calamity or unexpected obligations by Federal law. Prohibits use of such fund for: (1) District agency receiverships; (2) shortfalls in projected reductions in the District's proposed budgets; or (3) settlements and judgments by or against the District government.

Establishes an interest- bearing contingency cash reserve fund into which the Mayor shall deposit an amount required to maintain a balance (by FY 2007, and incrementally during FY 2005 and 2006) of at least three percent of the total budget appropriated for operating expenditures for the fiscal year which is derived from local funds. Requires full replenishment of the fund at the beginning of each fiscal year. Limits the use of the fund to non-recurring or unforeseen needs arising during the fiscal year, including expenses associated with unforeseen weather or other natural disasters, unexpected obligations by Federal law or new public safety or health needs or requirements identified after the budget process has occurred, or opportunities to achieve cost savings. Allows use of the fund to cover revenue shortfalls experienced for cash receipts that are at least five percent below forecast for three consecutive months (based on a two-month rolling average). Prohibits use of such fund for shortfalls in projected reductions included in the District's proposed budgets. Conditions any use of the fund on the Chief Financial Officer's analysis of: (1) the availability of other sources of funding to carry out a particular allocation; and (2) the impact of such allocation on the balance and integrity of the fund itself.

Amends the District of Columbia Financial Responsibility and Management Assistance Act of 1995 to repeal current requirements for a positive reserve fund balance.

(Sec. 160) Amends the District of Columbia Home Rule Act to authorize the City Council to delegate to the District of Columbia Tobacco Settlement Financing Corporation the Council's authority to issue revenue bonds, notes, and other obligations used to finance capital projects which are secured by payments under the Master Tobacco Settlement Agreement. Waives the congressional review period for the Tobacco Settlement Financing Act of 2000.

(Sec. 161) Amends the Student Loan Marketing Association Reorganization Act of 1996, as amended by the District of Columbia Appropriations Act, 2000, to provide a set aside of specified appropriations for a credit enhancement fund for grants to eligible nonprofit corporations and other specified entities for public charter schools in the District.

(Sec. 162) Grants the D.C. Mayor exclusive authority to approve and execute leases of the Washington Marina and the Washington municipal fish wharf with the existing lessees for an initial term of 30 years and other terms and conditions the Mayor deems appropriate.

(Sec. 163) Amends the National Capital Revitalization and Self-Government Improvement Act of 1997 to provide for transfer without consideration to Fairfax County, Virginia, of any property located south of Silverbrooke Road identified for educational uses in the County reuse plan.

(Sec. 164) Amends the District of Columbia Procurement Practices Act of 1985 to allow the District's Inspector General to contract for the independent audit of the District's financial statements with an auditor who was a subcontractor to the independent auditor who audited the District's financial statements for the preceding fiscal year.

(Sec. 165) Amends the National Capital Revitalization and Self-Government Improvement Act of 1997 to direct the Administrator of General Services to convey to Fairfax County, Virginia, fee simple title to the Laurel Hill Residential Land located at the Lorton Correctional Complex north of Silverbrooke Road, if by January 15, 2001, Fairfax County agrees to convey Meadowood Farm to the Secretary of the Interior.

(Sec. 166) Amends the District of Columbia Appropriations Act, 2000 to authorize the Federal Highway Administration to conduct and perform specified 14th Street bridge work related to a project to complete design requirements for compliance with the National Environmental Policy Act for the construction of expanded lane capacity for the 14th Street Bridge.

(Sec. 167) Declares that the explanatory language contained in the Joint Explanatory Statement of the Committee of Conference for District of Columbia Appropriations contained in the Conference Report to accompany H.R. 4942 of the 106th Congress shall be considered to constitute a joint explanatory statement of a committee of conference for the provisions in this Act.