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[House Report 106-790]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-790
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PROVIDING FOR THE CONSIDERATION OF H.R. 4942, DISTRICT OF COLUMBIA
APPROPRIATIONS ACT, 2001
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July 25, 2000.--Referred to the House Calendar and ordered to be
printed
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Mr. Linder, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 563]
The Committee on Rules, having had under consideration
House Resolution 563, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
Summary of Provisions of the Resolution
The resolution provides for the consideration of H.R. 4942,
the District of Columbia Appropriations Act, 2001, under a
modified open rule. The rule provides one hour of general
debate divided equally between the chairman and ranking
minority member of the Committee on Appropriations.
The rule waives all points of order against consideration
of the bill. The rule further waives clause 2 of rule XXI
(prohibiting unauthorized appropriations, legislative
provisions or reappropriations in a general appropriation bill)
against provisions in the bill, except as otherwise specified
in the rule.
The rule makes in order only those amendments that have
been pre-printed in the Congressional Record and the amendments
printed in this report.
The rule further waives all points of order against the
amendments printed in this report, which shall be offered only
by a Member designated in this report, and only at the
appropriate point in the reading of the bill, shall be
considered as read, shall be debatable for the time specified
in this report equally divided and controlled by the proponent
and an opponent, shall not be subject to amendment and shall
not be subject to a demand for a division of the question in
the House or in the Committee of theWhole.
The rule allows the Chairman of the Committee of the Whole
to postpone votes during consideration of the bill, and to
reduce voting time to five minutes on a postponed question if
the vote follows a fifteen minute vote. Finally, the rule
provides one motion to recommit with or without instructions.
The waiver of all points of order against consideration of
the bill includes a waiver of clause 4 of rule XIII (requiring
a three-day layover of the committee report) because the report
was not filed until Tuesday, July 25, and the bill may be
considered on the floor as early as Wednesday, July 26. The
waiver of clause 2 of rule XXI against provisions in the bill
is necessary because there are several unauthorized
appropriations and legislative provisions in the bill, which
are listed in the report accompanying H.R. 4942.
summary of amendments made in order under the rule to accompany h.r.
4942--district of columbia appropriations act, 2001
Istook: Strikes the paragraph that appropriates $100,000
for a study analyzing the District's tax structure, and uses
the $100,000 to increase the direct appropriation for Metrorail
construction (from $7,000,000 to $7,100,000) and reduces the
amount to be derived by transfer (from $18,000,000 to
$17,900,000). (10 Minutes)
Souder: Prohibits the use of federal funds to finance
needle-exchange programs in the District of Columbia and is
consistent with the language passed in last year's District of
Columbia Appropriations Act. (10 Minutes)
Bilbray: Prohibits possession of tobacco products by any
individual under the age of 18 years in the District of
Columbia unless the individual is making a delivery of
cigarettes or tobacco as part of his or her employment or is
participating in a supervised law enforcement operation.
Provides optional sentencing recommendations for violations.
(10 Minutes)
Tiahrt: Prevents the exchange of needles within 1000 feet
of schools, day care centers, playgrounds, public housing and
other areas which are gathering places for children. (10
Minutes)
1. An Amendment To Be Offered by Representative Istook of Oklahoma, or
a Designee, Debatable for 10 Minutes
Strike the item relating to ``Tax Reform in the District''.
In the item relating to ``Metrorail Construction (included
transfer of funds)'', strike ``$7,000,000'' and insert
``$7,100,000''.
In the item relating to ``Metrorail Construction (including
transfer of funds)'', strike ``$18,000,000'' and insert
``$17,900,000''.
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2. An Amendment To Be Offerred by Representative Souder of Indiana, or
a Designee, Debatable for 10 Minutes
In section 150, strike ``Federal''.
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3. An Amendment To Be Offered by Representative Bilbray of California,
or a Designee, Debatable for 10 Minutes
At the end of the bill, insert after the last section
(preceding the short title) the following new section:
banning possession of tobacco products by minors
Sec. ____. (a) In General.--It shall be unlawful for any
individual under 18 years of age to possess any cigarette or
other tobacco product in the District of Columbia.
(b) Exceptions.--
(1) Possession in course of employment.--Subsection
(a) shall not apply with respect to an individual
making a delivery of cigarettes or tobacco products in
pursuance of employment.
(2) Participation in law enforcement operation.--
Subsection (a) shall not apply with respect to an
individual possessing products in the course of a
valid, supervised law enforcement operation.
(c) Penalties.--Any individual who violates subsection (a)
shall be subject to the following penalties:
(1) For any violation, the individual may be required
to perform community service or attend a tobacco
cessation program.
(2) Upon the first violation, the individual shall be
subject to a civil penalty not to exceed $50.
(3) Upon the second and each subsequent violation,
the individual shall be subject to a civil penalty not
to exceed $100.
(4) Upon the third and each subsequent violation, the
individual may have his or her driving privileges in
the District of Columbia suspended for a period of 90
consecutive days.
(d) Effective Date.--This section shall apply during fiscal
year 2001 and each succeeding fiscal year.
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4. An Amendment To Be Offered by Representative Tiahrt of Kansas, or a
Designee, Debatable for 10 Minutes
At the end of the bill, insert after the last section
(preceding the short title) the following new section:
Sec. ____. (a) No person may distribute any needle or syringe
for the hypodermic injection of any illegal drug in any area of
the District of Columbia which is within 1000 feet of a public
or private day care center, elementary school, vocational
school, secondary school, college, junior college, or
university, or any public housing project, public swimming
pool, park, playground, video arcade, or youth center, or an
event sponsored by any such entity.
(b) Whoever violates subsection (a) shall be fined not more
than $500 for each needle or syringe distributed in violation
of such subsection.
(c) Notwithstanding any other provision of law, any amount
collected by the District of Columbia pursuant to subsection
(b) shall be deposited in a separate account of the General
Fund of the District of Columbia and used exclusively to carry
out (either directly or by contract) drug prevention or
treatment programs. For purposes of this subsection, no program
of distributing sterile needles or syringes for the hypodermic
injection of any illegal drug may be considered a drug
prevention or treatment program.
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