District of Columbia Appropriations Act for FY2001: Comparison of General Provisions of P.L. 106-113, and House and Senate Versions of H.R. 4942

District of Columbia Appropriations Act for FY2001: Comparison of General Provisions of P.L. 106-113, and House and Senate Versions of H.R. 4942

Order Code RL30709
CRS Report for Congress
Received through the CRS Web
District of Columbia Appropriations Act for
FY2001: Comparison of General Provisions of
P.L. 106-113, and House and Senate Versions of
H.R. 4942
October 3, 2000
Eugene Boyd
Analyst in American National Government
Government and Finance Division
Congressional Research Service ˜ The Library of Congress

District of Columbia Appropriations Act for FY2001:
Comparison of General Provisions of P.L. 106-113, and
House and Senate Versions of H.R. 4942
Summary
The chronology of District of Columbia Appropriations for FY2001 is as
follows. On February 7, 2000, President Clinton submitted his budget
recommendations for FY2001. The Administration’s proposed budget includes $ 445
million in federal payments and assistance to the District of Columbia. The
Administration’s budget recommendations, unlike previous years, did not include a
general provision section. The Administration, in an effort to address city leadership
concerns about the inclusion of social riders and what some observers characterize as
intrusive provisions in past District of Columbia appropriations acts, had hoped to
negotiate with the House and Senate leadership on the contents of the general
provisions to be included in the FY2001 appropriations bill for the District of
Columbia. In previous years city officials had complained to the Administration and
the leadership of Congress about the inclusion of a number of social riders dealing
with such issues as abortion, medical marijuana, and needle and syringe exchange
programs.
The District of Columbia Financial Responsibility and Management Assistance
Authority (Authority), on June 7, 2000, approved a budget compromise reached by
the city council and the mayor, which included $4.7 billion in general fund
expenditures and $695 million in enterprise funds. The District budget, which must
be approved by Congress, requests $445 million in special federal payments.
On September 14, 2000, the House passed its version of the District’s
appropriation bill, H.R. 4942, which includes $414 million in special federal payments
to the District. On September 27, 2000, the Senate completed action on its own
version of the District’s Appropriations Act for FY2001, H.R. 4942 (previously S.
3041), which includes $448 million in special federal payments.
There are significant differences in the general provisions of the House and
Senate versions of H.R. 4942, and P.L. 106-113, which includes the District of
Columbia Appropriations Act for FY2000. The Senate bill would phase-out the $150
million reserve fund, instead the city would be required to phase-in and maintain as
a percentage of its operating budget two reserve funds: a 3% contingency reserve
and a 4% emergency reserve. The House bill would grant public charter schools first
priority in the acquisition of surplus public school facilities and prohibit the Public
Benefits Corporation, which manages D.C. General Hospital and several health care
satellite facilities, from exceeding its budget.
Both the House and Senate versions of H.R. 4942 include prohibitions and
restrictions on the use of federal and District funds for: abortions; needle and syringe
exchange programs; medical marijuana; statehood lobbying; medical, employment,
and government benefits to unmarried couples, including homosexuals; and court
challenges aimed at providing city residents with voting representation in Congress.
This report will be updated as events warrant.

Contents
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
District of Columbia General Provisions: P.L. 106-113, and House and
Senate Versions of H.R. 4942 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

District of Columbia Appropriations Act for
FY2001: Comparison of General Provisions of
P.L. 106-113, and House and Senate Versions of
H.R. 4942
Background
On September 27, 2000, the Senate approved its version of H.R. 4942,
substituting the language of S. 3041. The House passed its version of H.R. 4942, a
bill appropriating funds for the District of Columbia for FY2001 on September 14,
2000. The Senate bill includes $448 million in special federal assistance to the District
of Columbia. This is $34 million more than included in the House bill. Differences
exist between the general provisions of the House and Senate versions of H.R. 4942,
and P.L. 106-113, which includes the District of Columbia Appropriations Act for
FY2000. The Senate bill would phase out the $150 million reserve fund, but would
require the city to maintain a 3% contingency reserve and a 4% emergency reserve.
The House bill would grant public charter schools first priority in the acquisition of
surplus public school facilities, and would prohibit the Public Benefits Corporation
from exceeding its budget.
Like the FY2000 District of Columbia Appropriations Act, both the House and
Senate versions of H.R. 4942 would continue to prohibit and restrict the use of
federal and District funds for:
! abortions;
! needle and syringe exchange programs;
! medical marijuana; statehood lobbying;
! medical, employment, and government benefits to unmarried couples,
including homosexuals; and
! court challenges aimed at providing city residents with voting
representation in Congress.
The following is a side-by-side comparison of the general provisions of the
District of Columbia Appropriations Act for FY2000, P.L. 106-113, and House and
Senate versions of H.R. 4942. This report follows the structure of P.L. 106-113.
Any identical, similar, or equivalent House or Senate language that may not share the
same section number as corresponding P.L. 106-113 provisions is identified in the
same row as its P.L. 106-113 counterpart. For additional information on H.R. 4942
see the CRS report (RL30513) Appropriations for FY2001: District of Columbia by
Eugene Boyd.

CRS-2
District of Columbia General Provisions: P.L. 106-113, and House and Senate Versions of H.R. 4942
P.L. 106-113
House version of H.R. 4942
Senate version H.R. 4942/S. 3041
Sec. 101. Consultant Contracts. All procurement contracts for
Identical to provision in P.L. 106-113.
Not included in bill.
temporary or intermittent consultants are to be made public and available
for public inspection.
Sec. 102. Prepayment Audits. All vouchers for payments from
Identical to provision in P.L. 106-113.
Not included in bill.
expenditures of appropriations contained in the Act must be audited
before payment.
Sec. 103. Prohibition Against Deficit Spending. The provision prohibits
Identical to provision in P.L. 106-113.
Sec. 101. of this bill
deficit spending by limiting spending to not more than the amount
specifically appropriated.
Sec. 104. Use of Private Automobiles. The provision allows
Identical to provision in P.L. 106-113.
Not included in bill.
appropriated funds to be used to reimburse employees for use of private
automobiles and motorcycles when carrying out official duties subject to
federal travel regulations (Federal Property Management Regulations
101-7).
Sec. 105. Payment of Travel and Dues Related Expenses. The provision
Identical to provision in P.L. 106-113.
Sec. 102 of this bill.
allows funds appropriated under this Act to be used for travel and dues-
related expenses of organizations concerned with the work of the District
when approved by the mayor, and by the chair of the District Council in
the case of travel and dues related to the activities of the Council.
Sec. 106. Payment of Judgements. The provision allows District funds to
Identical to provision in P.L. 106-113.
Sec. 103 of this bill.
be used to pay judgments against the city. The provision does not affect
or modify Sec. 11(c) of Title XII of the District of Columbia Income and
Franchise Tax Act of 1947 (D.C. Code, sec. 47-1812.11(c)(3), a
provision governing credits and refunds for overpayments of District
taxes.

CRS-3
P.L. 106-113
House version of H.R. 4942
Senate version H.R. 4942/S. 3041
Sec.107. Public Assistance and Crime Control Matching Funds.
Not included in bill
Not included in bill.
Appropriated funds may be used for payment of public assistance without
reference to the requirements outlined under Sec. 3-205.44 of the D.C.
Code, which has been repealed. Appropriated funds may also be used to
cover the non-federal share of grants for violent offender incarceration
and truth-in-sentencing incentive grants authorized under subtitle A, Title
II of the Violent Crime Control and Law Enforcement Act of 1994 (42
U.S.C. 1370).
Not included in Act.
Sec. 108 Personal Service and
Not included in bill.
Consulting Contracts. Requires the
mayor to maintain an index of all
personal services and consulting
contracts in effect on behalf of the
District of Columbia.
Sec. 108. Prohibition Against the Carryover of Appropriated funds.
Identical to provision in P.L. 106-113.
Not included in bill
The provision requires the city to expend funds appropriated for FY2000
during that fiscal year, unless provided by another provision of this act.
Sec. 109. Use of Public Schools. The act allows public schools to be
Identical to provision in P.L. 106-113.
Identical to provision in P.L. 106-113.
used for community or partisan political activities during non-school
hours.
Sec. 110. Congressional Inspection of Personnel Records. The
Identical to provision in P.L. 106-113.
Sec. 104 of this bill.
personnel records of all persons employed by the District government
would be made available for inspection by House and Senate
authorization and appropriations subcommittees, and the District of
Columbia Council.

CRS-4
P.L. 106-113
House version of H.R. 4942
Senate version H.R. 4942/S. 3041
Sec. 111. Payment for Information Leading to Revenue Recovery. As
Identical to provision in P.L. 106.113.
Sec. 106 of this bill.
authorized by the District of Columbia Revenue Recovery Act of 1977
(D.C. Code, sec. 47-421), District funds may be used to make payments
to any person or persons who furnish information leading to the collection
of taxes, penalties, or interest owed to the District of Columbia by any
person, partnership, corporation, unincorporated association, trust, or
estate violating the revenue laws of the District of Columbia.
Sec. 112. Prohibition on the Use of Funds for Lobbying. Prohibits the
Identical to provision in P.L. 106.113.
Sec. 107 of this bill.
city from using funds to defeat any legislation pending before Congress or
any state legislature.
Sec. 113. Capital Borrowing Plan. Requires the mayor to develop an
Identical to provision in P.L. 106-113.
Sec. 108 of this bill.
annual capital outlays borrowing plan. The plan is to include quarterly
and project information. The mayor is to report to the Council and the
Congress on actual and projected spending.
Sec. 114. Council Approval for Capital Borrowing Plan. Requires the
Identical to provision in P.L. 106-113.
Not included in bill.
mayor to obtain approval of the City Council before borrowing funds for
capital projects.
Sec. 115. Limitation on the Use of Capital Funds. Prohibits the use of
Identical to provision in P.L. 106-113.
Not included in bill.
capital project funds for operating expenses.

CRS-5
P.L. 106-113
House version of H.R. 4942
Senate version H.R. 4942/S. 3041
Sec. 116. Prohibition on the Reprogramming of Funds. Prohibits the
Identical to provision in P.L. 106-113.
Sec. 109 of this bill.
District government from reprogramming federal and District funds
appropriated under the Act for seven specific activities. Funds could not
be reprogrammed in order to:
1.
create new programs;
2.
eliminate a program or project;
3.
establish or change allocations specifically denied, limited, or
increased by Congress;
4.
increase funds for activities or personnel in areas where funds have
been denied or restricted;
5.
re-establish funding for any project previously deferred through
reprogramming;
6.
augment existing programs or projects by reprogramming funds that
exceed $1 million or 10% of the existing program’s funding;
7.
prohibit a 20% or greater increase in personnel assigned to a
specific project.
Funds may be reprogrammed after congressional review by House and
Senate Appropriations Committees.
Sec. 117. Prohibition on the Use of Federal Funds for Personal
Identical to provision in P.L. 106-113.
Not included in bill.
Services. Prohibits the use of federal funds for personal services
including cook, chauffeur, or personal servant.
Sec. 118. Prohibition on the Purchase of Low Mileage Vehicles.
Identical to provision in P.L. 106-113.
Not included in bill.
Prohibits the District government from using federal funds to purchase
low-miles-per-gallon vehicles. Purchased vehicles must have a miles per
gallon average of 22. The provision does not apply to security,
emergency, or armored vehicles.
Sec. 119. City Administrator’s Pay Ceiling. Increases the pay ceiling of
Not included in bill
Not included in bill.
the city administrator’s salary. The provision allows the mayor to
determine compensation for members of the Redevelopment Land Agency
board, but limits such compensation to no more than the daily equivalent
of the annual rate for the base pay of DS-15.

CRS-6
P.L. 106-113
House version of H.R. 4942
Senate version H.R. 4942/S. 3041
Sec. 120. Merit Personnel Act Responsibility of the Mayor. States that
Sec. 119 of this bill.
Sec. 110 of this bill.
the mayor shall be responsible for the administration of personnel function
of employees under the city’s merit pay personnel code. In determining
employee compensation, the provisions of the District of Columbia
Government Comprehensive Merit Personnel Act of 1978 shall apply.
Sec. 121. Council Review of Revised Revenue Estimates. Requires the
Sec. 120 of this bill.
Sec. 112 of this bill.
mayor to submit to the Council revised revenue estimates for the first
quarter of FY2000 not later than 30 days after the first quarter of fiscal
year 2000.
Sec. 122. Sole Source Contracts. Prohibits sole source contracts for
Sec. 121 of this bill.
Sec. 113 of this bill.
services unless competitive bidding is not feasible and the contract has
been approved by the control board as set forth by D.C. Code, sec. 1-
1183.3.
Sec. 123. Sequestration under the Balanced Budget. In order to comply
Sec. 122 of this bill.
Sec. 114 of this bill.
with sequestration order under Balanced Budget and Emergency Deficit
Control Act of 1985, federal funds appropriated under a District of
Columbia appropriations act are to be sequestered from each account and
not the aggregate total of those accounts.
Sec. 124. Sequestration Protocol. Outlines the protocol to be used when
Sec. 123 of this bill.
Sec. 115 of this bill.
there is a sequestration of federal funds appropriated to the District.
Sec. 125 Gifts and Donations. Allows District government agencies and
Sec. 124 of this bill.
Sec. 116 of this bill.
officials to accept gifts and donations in FY2000 only if:
C
the mayor approves, (this provision does not apply in cases of
gifts or donation to the city council);
C
the gift or donation is used to carry out an agency function;
C
the government entity receiving the gift or donation keeps
records of all gifts and donations available for audit and public
inspection.
This section does not apply to the Board of Education.

CRS-7
P.L. 106-113
House version of H.R. 4942
Senate version H.R. 4942/S. 3041
Sec. 126. Prohibits the Use of Funds for Statehood lobbying. Prohibits
Sec. 125 of this bill.
Sec. 117 of this bill.
the use of federal funds for the payment of expenses related to lobbying
Congress on the question of statehood for the District.
Sec. 127. UDC Quarterly Reports. Requires the University of the
Sec. 126 of this bill.
Sec. 118. UDC/DCPS Quarterly
District of Columbia to submit quarterly reports to the mayor and the
Reports. Revises Sec. 127 to include
control board. Reports are to include information on:
public schools. UDC and DCPS required
C
expenditures;
to submit an annual report detailing the
C
contracts awarded in excess of $10,000;
number of validated personnel positions;
C
reprogrammed funds; and
a revised appropriated funds operating
C
organizational changes.
budget to the mayor, city council,
Consensus Commission, Authority, and
The mayor, the city council, and the control board would be required to
congressional committees. .
provide Congress with recommendations concerning the university’s
future based on quarterly reports. Report is to be submitted no later than
February 1, 2001.
Not included in the Act.
Sec. 127. EPA and Federal
Same as Sec. 141 of this bill.
Cooperative Agreement Act. Allows
EPA to enter into cooperative agreements
and grants in DC if principal purpose is
to provide comparable benefits to federal
and non-federal properties in the District
Sec. 128. Rollover of Funds for Financial Management System. Allows
Not included in bill
Sec. 119 of this bill.
the District to use previously appropriated funds intended to upgrade the
city’s financial management system for the purchase of accounting and
financial management software, hardware, and related goods and services.

CRS-8
P.L. 106-113
House version of H.R. 4942
Senate version H.R. 4942/S. 3041
Not included in this Act.
Sec. 128. Disposition of Surplus Public
Not included in bill.
School Facilities to Charter Schools.
Grants public chartered schools priority
in the distribution of surplus public
school facilities. The bill would establish
the procedure for the disposition of
surplus schools to charter schools.
Charter schools may purchase or lease
surplus schools. The purchase price for
a surplus school by a charter school is
fair market value minus 25%.
Sec. 129. Disabled Students Attorney’s Fees. Limits the compensation
Not included in bill
Sec. 120. of this bill.
for attorneys representing disabled students. Allows the Mayor, the
Superintendent of Public Schools, and the control board to revise the rate
and amount of compensation.
Not included in Act.
Sec. 129. Charter School contracting
Not included in bill
and Procurement. Would require charter
schools to publish request for proposals
in District Register and newspapers for
procurement contracts that equal or
exceed $25,000. Public charter schools
that include preschool or pre-
kindergarten classes must meet city’s
licensing requirements.
Sec. 130. Abortion. Prohibits the use of funds for abortion services
Identical to provision in P.L. 106-113.
Sec. 121 of this bill.
except in cases of rape, incest, or when the mother’s health is endangered.
Sec. 131. Health Care Benefits Expansion Act. Prohibits the use of
Identical to provision in P.L. 106-113.
Sec. 122 of this bill.
funds to implement the Health Care Benefits Expansion Act of 1992,
which extends medical, employment, and government benefits to
unmarried couples, including homosexuals.

CRS-9
P.L. 106-113
House version of H.R. 4942
Senate version H.R. 4942/S. 3041
Sec. 132. DCPS Quarterly Reports. Requires the superintendent of
Identical to provision in P.L. 106-113.
Not included in bill
public schools to submit quarterly reports to the mayor, control board,
city council, and Congress no later than 15 days after the end of each
quarter. Reports are to include:
C
current quarterly expenditures;
C
list of frozen accounts;
C
all active contracts exceeding $10,000;
C
reprogrammed funds; and
C
organizational changes
Sec. 133. UDC/DCPS Annual Reports to Congress. Requires the
Identical to provision in P.L. 106-113.
Not included in bill
superintendent of public schools and the University of the District of
Columbia to submit an annual report to Congress, the mayor, the city
council, the consensus commission no later than February 15th of each
year. The reports are to be a compilation of the position and employees
of the school system and University.
Sec. 134. UDC/DCPS Revised Budget Submissions. Requires the
Identical to provision in P.L. 106-113.
Not included in bill
superintendent of public schools and the University of the District of
Columbia to submit a revised budget by October 1 of each year. The
revised budgets are to be submitted to Congress, the mayor, the city
council, the control board, and the consensus commission.
Sec. 135. Control Board Approval of Budget for UDC, DCPS, and DC
Identical to provision in P.L. 106-113.
Sec. 124 of this bill.
Library. Allows the control board acting on behalf of the public schools,
University of the District of Columbia, Board of Library Trustees, and
the District of Columbia School of Law to vote and approve the annual or
revised budgets of these entities before submission to the mayor for
inclusion in the mayor’s budget submission to the city council.

CRS-10
P.L. 106-113
House version of H.R. 4942
Senate version H.R. 4942/S. 3041
Sec. 136(a). Limits the total amount appropriated for District of
Modified sec. 136. The bill does not
Modified sec. 136. The bill does not
Columbia for FY2000 to $5,515,379,000 of which:
include subsec. 136(a) of P.L. 106-113
include subsection 136(a) of P.L. 106-
C
$152,753,000 shall be from intra-District funds;
113.
C
$3,113,854,000 shall be from local funds.
C
Allows the ceiling to be exceeded as a result of :
C
proceeds from one-time emergency transactions approved by
the control board;
C
certification by the Chief Financial Officer (CFO) that
additional expenditures will produce revenue returns that
exceed 200% of the expenditure.
The provision delegates enforcement of the ceiling to the CFO and the
control board, and prohibits the CFO from reprogramming funds from
bonds and other obligations issued for capital projects if such funds are
used to cover operating expenses.
(b) The mayor, after consulting with the CFO, may accept grant funds
not appropriated in this Act, but only after:
C the CFO submits a detailed report on the grant to the control board;
and
C the control board has reviewed and approved the grant.
C (c) The provision:
C prohibits the city from expending city funds in anticipation of a
grant award;

CRS-11
P.L. 106-113
House version of H.R. 4942
Senate version H.R. 4942/S. 3041
C requires the CFO to submit to the city council and House and
Senate Appropriations Committees detailed reports regarding all
federal and private grants approved under this section;
C requires the control board to submit to congressional appropriations
and authorizing committees a quarterly report accounting for all
non-appropriated funds.
(d) Requires that local revenues collected in excess of amounts needed
to cover operating expenses for FY2000 be used as follows:
C the first $250 million shall be used to establish a reserve account to
finance seasonal cash needs in lieu of short-term borrowing;
C funds in excess of the first $250 million may be used to accelerate
repayment of borrowed water and sewer funds; and
C thirdly, funds may be used to reduce long-term debt.
Sec. 137. Court Ordered Receiverships. In cases where a District agency
Identical to provision in P.L. 106-113.
Sec. 125 of this bill.
is under the control of a court appointed receiver, requires the receiver
submit to the mayor budget estimates for the agency for the upcoming
fiscal year. The mayor may include his own funding recommendations,
but may not revise the receiver’s budget estimates when forwarding these
estimates to the city council. During its budget deliberations the city
council may recommend but may not revise the receiver’s budget
estimates.
Sec. 138. DCPS Personnel System. Requires that all employees of
Identical to provision in P.L. 106-113.
Not included in bill
District public schools be classified as education service employees and
be under the personnel authority of the Board of Education. School-based
employees are to be classified under a separate category from nonschool-
based employees. School-based shall not compete against nonschool-
based personnel for the purpose of retention of employment.

CRS-12
P.L. 106-113
House version of H.R. 4942
Senate version H.R. 4942/S. 3041
Sec. 139. Use of City Vehicles. Limits a District employee’s use of
Identical to provision in P.L. 106-113.
Sec. 126 of this bill.
official vehicles only to performance of official duties. Grants four
exceptions:
C a police officer may use police vehicles to travel to and from work
and home only if the officer resides in the District of Columbia, or is
granted permission by the Chief of Police;
C an employee of the Fire and Emergency Ambulance Department who
resides in the District and is on call 24 hours a day;
C the mayor; and
C chair of the city council.
Requires the CFO to submit an inventory of all vehicles owned leased or
operated by the District government. Does not specify to whom the
inventory is to be submitted.
Sec. 140. Employee Details and Reductions in Force. Requires District
Identical to provision in P.L. 106-113.
Sec. 127. includes technical difference
government employees on detail from an agency be paid from funds of the
regarding dates governing reduction in
agency to which they are detailed. Modifies reduction in force procedures.
force procedures.
Sec. 141. Special Education Evaluation Time Frame. This provision
Identical to provision in P.L. 106-113.
Sec. 128 of this bill.
requires that the school board complete an evaluation of students who
may be in need of special education services within 120 days of the
student’s referral and to place students with special education needs, as
defined by federal law (Individuals with Disabilities Education Act 20
U.S.C. 1401(a)(1) or the Rehabilitation Act of 1973 29 U.S.C. 706(8), in
appropriate programs).
Sec. 142. Buy American Act. Encourages District government to comply
Identical to provision in P.L. 106-113.
Sec. 129 of this bill.
with the Buy American Act 41 U.S.C. 10a-10c). Includes a sense of the
Congress provision encouraging the purchase of American made
products.

CRS-13
P.L. 106-113
House version of H.R. 4942
Senate version H.R. 4942/S. 3041
Sec. 143. Inspector General Audits. Only the District of Columbia
Identical to provision in P.L. 106-113.
Sec. 130 of this bill.
Inspector General may conduct and certify agency audits in compliance
with the District of Columbia Procurement Practices Act of 1985 (D.C.
Code, sec. 1-1182.8(a)(4).
Sec. 144. Approval of Agency Reorganization. Requires the control
Identical to provision in P.L. 106-113.
Not included in bill.
board approval of all reorganization plans of District agencies.
Sec. 145. Teacher Evaluations under Labor Agreement. Designates the
Identical to provision in P.L. 106-113.
Not included in bill
process used to evaluate the performance of District of Columbia public
school teachers as non-negotiable under any collective bargaining
agreement.
Sec. 146. Voting Representation Cost Prohibition. Prohibits the use of
Identical to provision in P.L. 106-113.
Sec. 131 of this bill.
federal and District funds to cover the cost of court challenges aimed at
providing city residents with voting representation in Congress.
Sec. 147. Prisoner Transfers Prohibition. Prohibits the transfer of
Identical to provision in P.L. 106-113.
Not included in bill.
maximum security prisoners to the Northeast Ohio Correctional Center in
Youngstown, Ohio.
Sec. 148. Reserve Fund. Amends the District of Columbia Financial
Identical to provision in P.L. 106-113.
Not included in bill. Note: The bill
Responsibility and Management Assistance Act of 1995. The new
replaces the $150 million reserve fund
provision requires the creation of a $150 million reserve fund. The
requirement with new requirement that
reserve fund is only to be expended under the following conditions:
establishes two reserve funds: a
C
based on criteria established by the CFO and approved by the
contingency reserve fund equal to 3% of
mayor, the city council, and the control board, but in no case may
total operating budget, and an emergency
funds be expended before all other surplus funds have been used;
reserve fund equal to 4% of total
operating budget. The reserve fund
language can be found elsewhere in the
bill under board heading Division of
Expenses.

CRS-14
P.L. 106-113
House version of H.R. 4942
Senate version H.R. 4942/S. 3041
C
funds may not be used to fund agencies under court-ordered
receivership;
C
funds may not be used to fund shortfalls in projected productivity
savings and management reforms.
Requires the control board to notify House and Senate Appropriations
Committees 30 days prior to the spending of reserve funds.
Requires the city to maintain a 4% positive fund balance above the
projected general fund expenditure level for the following year. Funds in
excess of the 4% positive fund balance may be used as follows:
C
up to 50% may be used for non-recurring expenses;
C
not less than 50% may be used for debt reduction.
Sec. 149. Revised Operating Budget Submission. Requires the CFO to
Not included in bill.
Sec. 132.of this bill.
submit to the appropriate committees of Congress, the mayor, the city
council, and the control board a revised appropriated funds operating
budget no later than November 1, 1999 or within 30 days after the
passage of this Act.
Not included in this Act.
Sec. 149. Inspector General Audit.
Not included in bill.
Would require the IG to annually audit
the District of Columbia Highway Trust
Fund by February 1 of each year, and to
submit the audit findings to Congress.
Sec. 150. Needle Exchange Program. Prohibits the creation and funding
Sec. 150. Does not include language that
Identical to provision in P.L. 106-113.
of a needle exchange program with federal or District government funds.
would allow entities to carry-out a needle
Such programs may be funded with private funds and must be accounted
exchange program with private funds.
for separately.

CRS-15
P.L. 106-113
House version of H.R. 4942
Senate version H.R. 4942/S. 3041
Sec. 151. Lease Agreements and Abstracts. Sixty days after enactment
Identical to provision in P.L. 106-113.
Identical to provision in P.L. 106-113.
of this Act no funds appropriated under the Act may be used to pay
leasing fees unless the lease and an abstract of the lease agreement are on
file with the office of the District’s deputy mayor for economic
development. All leased properties must be occupied. None of the funds
appropriated under the Act may be used to pay rental fees unless the lease
is included in periodic reports submitted by the mayor and the Council to
House and Senate Appropriations Committees. The report is to include
information on the location of the property, the name of the lessors, the
rate of payment, the extend to which the property is occupied. Where
occupancy is impractical, the District must develop a plan to terminate or
renegotiate the lease. The mayor must submit a quarterly report to
Congress on all real property the city has leased during the prior period.
Sec. 152. Prohibition on New Lease Agreements. Prohibits the city from
Identical to provision in P.L. 106-113.
Sec. 135 of this bill.
entering into new lease agreements unless the mayor certifies to the House
and Senate Appropriations Committees that existing rental property does
not meet city’s needs. Within 60 days of enactment of this Act the mayor
must provide a report outlining a comprehensive real property
management plan to House and Senate authorization and appropriations
committees. If the city enacts reform legislation governing real property
leasing practices and procedures the provision prohibiting the District
government from entering new leases subject to congressional review
would be voided.
Sec. 153. Construction Funds for Charter Schools. Includes charter
Not included in bill.
Not included in bill.
schools as eligible entities for school construction and repair funds by
amending the Student Loan Marketing Association Reorganization Act of
1996 . The provision provides $5 million in credit enhancement funds for
public charter schools. These funds are to be administered by a five-
member board appointed by the mayor and the Public Charter School
Board.

CRS-16
P.L. 106-113
House version of H.R. 4942
Senate version H.R. 4942/S. 3041
Sec. 154. Disposal of Surplus Property. Requires the mayor, the control
Not included in bill.
Not included in bill.
board, and Board of Education to implement a plan to dispose of surplus
schools within 90 days of enactment of this act.
Sec. 155. Charter School Authority. Amends the District of Columbia
Not included in bill.
Not included in bill.
School Reform Act of 1995, P.L. 104-134; D.C. Code, sec. 31-2851) to
extend the authority for charter schools indefinitely.
Sec. 156. Sibling Placement Preference in Charter Schools. Grants
Not included in bill.
Not included in bill.
placement preference to students with a sibling currently enrolled in a
charter school.
Sec. 157. Managed Competition. Allows for the implementation of a
Not included in bill..
Not included in bill.
system of managed competition in the delivery of city services. Transfers
$18 million from the control board to the mayor. Provides for
congressional ( House and Senate Appropriations Committees) review
and approval of a managed competition plan.
Sec. 158. 14th Street Bridge Expansion. Transfers up to $5 million from
Not included in bill
Not included in bill.
the city’s highway fund to study the feasibility of expanding the lane
capacity of the 14th Street Bridge. Funds are to be used for design work
and environmental review.
Not included in this Act.
Sec. 158. Allows the mayor to allocate
Not included in bill
zone academy bonds to qualified zone
academies in the District.
Sec. 159. Anacostia River Cleanup. Transfers to the mayor from the
Not included in bill.
Not included in bill.
control board $5 million from a $50 million escrow account for
environmental cleanup of the Anacostia River. Funds under this account
are to be used for the repair and maintenance of roads, highways, bridges,
and transit needs of the city and other economic development projects in
the District, as outlined at sec. 134 of division A of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act of 1999
112 Stat. 3681-552).

CRS-17
P.L. 106-113
House version of H.R. 4942
Senate version H.R. 4942/S. 3041
Not included in this Act.
Sec. 159. Corrections Trustee. Covert
Not included in bill.
or treats trustee and employees for the
corrections trustee as federal employees
for retirement, health, and life insurance
purposes.
Sec. 160. Crime Victim Compensation Fund. Prohibits monies in the
Not included in bill.
Not included in bill.
Crime Victim Compensation Fund to be used to cover the costs of
administering the fund. Transfers authority for the administration of the
Fund from the Court administrator for the District Courts to the United
States Department of Treasury. Transfers all unobligated balances of the
Fund in excess of $250,000 to the Department of Treasury.
Not included in this Act.
Sec. 160. Sense of the Congress
Not included in bill.
provision stating that patients at St.
Elizabeth’s Hospital (the mentally ill) are
poorly served by existing facility and
management.
Sec. 161. CFO Certifications. Funds may not be used to pay agency
Sec. 153. Includes additional language
Sec. 136 of this bill.
CFOs 60 days after the passage of this Act if the agency CFO has not
that would impose civil money penalties
filed a statement with the mayor and CFO of the District certifying that
for failure to comply with job
the agency CFO understands and will abide by the duties and restrictions
requirement including the submission of
of his office.
reports to Congress.
Not included in this Act.
Sec. 161. Sense of the Congress
Not included in bill.
provision urging the expedited sale of the
Franklin School property.
Sec. 162. Management Saving Contingency Plans. Requires the
Sec. 155 of this bill.
Sec. 137 slightly different language.
District’s proposed budget for FY2001 as submitted to Congress to
Ties the contingency plan to failure to
identify actions to be taken if projected management savings are not
achieve “operational improvement
reached.
savings and management reform
savings.”

CRS-18
P.L. 106-113
House version of H.R. 4942
Senate version H.R. 4942/S. 3041
Not included in this Act.
Sec. 162. Sense of the Congress
Not included in bill.
provision urging city officials including
control board to maintain a fiduciary
duty to the taxpayers of the District.
Not included in this Act.
Sec. 163. Prohibits the Public Health
Not included in bill.
Benefits Corporation from exceeding its
budget.
Sec. 163. Budget Definition of Miscellaneous and Other. Requires
Sec. 156 of this bill
Sec. 138 of this bill.
future budget submissions to define the terms “miscellaneous” and
“other”.
Sec. 164. Southwest Waterfront. Authorizes the Army Corps of
Not included in bill.
Not included in bill
Engineers to perform repairs and improvements on the Southwest
waterfront. Transfer $3 million from escrow account for road and transit-
related infrastructure repair and maintenance activities to waterfront
improvements. Requires the mayor to provide quarterly progress reports
to House and Senate Appropriations Committees.
Not included in this Act.
Sec. 164. Requires the CFO to sign an
Not included in bill.
affidavit certifying payment by the Public
health Benefits Corporation of cash
advances by the city.
Sec. 165. Restrictions on Red Cross Building. Expresses the sense of the
Not included in bill.
Not included in bill.
Congress that the District should not impose any height, square footage,
set-back, or other construction or zoning requirements when authorizing
industrial revenue bonds to finance construction of a Red Cross building
located at 2025 E Street, NW, beyond requirements imposed by the
National Capital Planning Commission, and the Fine Arts Commission.

CRS-19
P.L. 106-113
House version of H.R. 4942
Senate version H.R. 4942/S. 3041
Not included in this Act.
Sec. 165. Prohibits the Public Health
Not included in bill.
Benefits Corporation from exceeding its
budget. It must certify that any
expenditure or obligation is within its
budget authority.
Sec. 166. Sex Offender Registry. Establishes a sex offender registry to be
Not included in bill.
Not included in bill.
administered by the Court Services and Offender Supervision Agency.
Not included in this Act.
Sec. 167. The provision would require
Not included in bill.
the inclusion of a conscience clause if the
District includes a contraceptive coverage
provision in health insurance legislation.
Sec. 167. Medical Marijuana Initiative. Prohibits the use of federal or
Sec. 157 of this bill.
Sec. 139 of this bill.
District funds in carrying out any law or regulation that legalizes or
reduces the penalty for possession of a Schedule I substance, including the
medical use of marijuana. Prohibits the implementation of citizen
approved medical marijuana initiative.
Sec. 168. Assistance to Enterprise Zones. Provides $5 million for
Not included in bill.
Not included in bill.
commercial revitalization program in enterprise zones and low and
moderate income areas in the District. Funds are to be used to offset local
taxes in designated areas. The bill would transfer from the control board
to the mayor, in consultation with the city council, control over the $5
million. Mayor is to issue a progress report to the House and Senate
Appropriations Committees no later than 180 days after enactment of this
Act.

CRS-20
P.L. 106-113
House version of H.R. 4942
Senate version H.R. 4942/S. 3041
Sec. 169. Agencies Performance Accountability Plans. Transfers from
Not included in bill.
Not included in bill.
the control board to the mayor the responsibility for development of an
annual performance accountability plan for all departments, agencies, and
programs of the government of the District of Columbia for the
subsequent fiscal year. The plan is to be submitted to the Committee on
Government Reform and Oversight of the House of Representatives, the
Committee on Governmental Affairs of the Senate, the Committees on
Appropriations of the House of Representatives and the Senate. The plan
is to include measurable, objective performance goals; measures of
performance to be used in determining whether the government has met
the goals; activities subject to court order.
Not included in this Act.
Sec. 169. Prompt Payment of Appointed
Not included in bill.
Counsel. Provide for the payment of
attorneys within 45 days of receiving a
completed voucher. Allows for the
imposition of interest if payment is not
made within 45 days of the presentation
of the voucher.
Sec. 170. Budget-linked Quality of Life Factors. Identifies a number of
Not included in bill.
Not included in bill.
quality-of-life indicators that characterize the city’s deficiencies in the
areas of crime, education, corrections, management of public services. It
includes a sense of the Congress provision that directs Congress to
consider progress made in the areas of child welfare, public service
delivery, education, and criminal justice when Congress consider the
District’s FY2001 budget request.
Not included in this Act.
Sec. 170. Prohibits the distribution of
Not included in bill.
needles or syringes within 1000 feet of
day care centers, public pools, schools,
colleges, parks, video arcades, public
housing, playgrounds, and youth centers.
Imposes a $500 fine.

CRS-21
P.L. 106-113
House version of H.R. 4942
Senate version H.R. 4942/S. 3041
Sec. 171. Medicaid Recommendations. Directs the mayor to consider the
Not included in bill.
Not included in bill.
recommendations of the Health Care Development Commission before
using federal Medicaid payment to Disproportionate Share Hospitals for
use in serving a small number of childless adults.
Not included in this Act.
Sec. 171. Bans possession of tobacco by
Not included in bill.
minors and imposes fines, community
service, and revocation of driving
privileges.
Sec. 172. GAO Study of the Criminal Justice System. Directs the General
Not included in bill.
Not included in bill.
Accounting Office to undertake a study of the District’s criminal justice
system including law enforcement, courts, prison, probation, and parole.
The study is to be submitted to Congress no later than one year after
enactment of this act.
Sec. 173. Corporation Counsel Review of Private Lawsuits. Allows the
Sec. 166 of this bill.
Sec. 140 of this bill.
District’s corporation counsel to review and comment on briefs in
lawsuits filed by private citizens and to consult with government officials
regarding such lawsuits. This provision would allow the corporation
counsel to review pending lawsuits relating to voting representation in
Congress for District residents.
Not included in this Act.
See Sec. 127 of this bill.
Sec. 141 is the same as Sec. 127 of
House bill H.R. 4942.

CRS-22
P.L. 106-113
House version of H.R. 4942
Senate version H.R. 4942/S. 3041
Not included in this Act.
Not included in bill.
Sec. 142. Comprehensive Financial
Management Policy. Requires the
District to development a set of financial
management policies including the
following components: cash
management; debt management; financial
asset management; contingency reserve
management; emergency reserve
management; and real property tax-
exempt policies. Requires an annual
review of these policies by the CFO, and
establishes the procedure for the
development of the first comprehensive
financial management policy. The
process is to involve the CFO, mayor,
council, authority, and Congress.
Not included in this Act.
Not included in bill.
Sec. 143 Responsibilities of the CFO.
Details the responsibilities of the CFO.
Identifies 24 specific duties and
responsibilities of the CFO.
Not included in this Act.
Not included in bill
Sec. 144. Overtime Compensation.
Limits overtime compensation to work in
excess of 40 hours a week in accord with
the Fair Labor Standards Act.
Not included in this Act.
Not included in bill.
Sec. 145. Drug Free Workplace
Program. Allows the Court Services and
Offender Supervision Agency to establish
a Drug Free Workplace Program.

CRS-23
P.L. 106-113
House version of H.R. 4942
Senate version H.R. 4942/S. 3041
Not included in this Act.
Not included in bill.
Sec. 146. Quality of Life Quarterly
Reports. Directs the mayor to submit
quarterly reports to the Senate
Appropriations and Governmental
Affairs Committees addressing quality of
life issues related to crime, crime
prevention, drug treatment, offender
supervision, education, federal grant
management, and child welfare.
Sec. 174. Cellular Tower Placement. Directs the U.S. Park Service to
Not included in bill.
Not included in bill.
identify sites in Rock Creek Park for the location of two cellular
communication towers. The enactment of this provision shall not preempt
the authority of District of Columbia, or any state or local law, over the
placement, construction, or modification of wireless communications
facilities, Nor should the provision be construed as preempting the
federal environmental or historic preservation statutes, or judicial review.
Sec. 175. HUD Earmarks. Provides earmarks for selected programs of
Not included in bill.
Not included in bill.
the Department of Housing and Urban Development.