2000
[DOCID: f:h2944rfs.txt]
107th CONGRESS
1st Session
H. R. 2944
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 25, 2001
Received; read twice and referred to the Committee on Appropriations
_______________________________________________________________________
AN ACT
Making appropriations for the government of the District of Columbia
and other activities chargeable in whole or in part against the
revenues of said District for the fiscal year ending September 30,
2002, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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, 2002, and for other purposes,
namely:
FEDERAL FUNDS
Federal Payment for Resident Tuition Support
For a Federal payment to the District of Columbia for a nationwide
program, to be administered by the Mayor, for District of Columbia
resident tuition support, $17,000,000, to remain available until
expended: Provided, That such funds may be used on behalf of eligible
District of Columbia residents to pay an amount based upon the
difference between in-State and out-of-State tuition at public
institutions of higher education, usable at both public and private
institutions for 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 not more than 7 percent of the total amount appropriated for this
program may be used for administrative expenses.
Federal Payment for Incentives for Adoption of Children
The paragraph under the heading ``Federal Payment for Incentives
for Adoption of Children'' in Public Law 106-113, approved November 29,
1999 (113 Stat. 1501), is amended to read as follows: ``For a Federal
payment to the District of Columbia to create incentives to promote the
adoption of children in the District of Columbia foster care system,
$5,000,000: Provided, That such funds shall remain available until
September 30, 2003, and shall be used to carry out all of the
provisions of title 38 of the Fiscal Year 2001 Budget Support Act of
2000, effective October 19, 2000 (D.C. Law 13-172), as amended, except
for section 3808.''.
Federal Payment to the Capitol City Career Development and Job Training
Partnership
For a Federal Payment to the Capitol City Career Development and
Job Training Partnership, $1,500,000.
Federal Payment to the Fire and Emergency Medical Services Department
For a Federal payment to the Fire and Emergency Medical Services
Department, $500,000 for dry-docking of the Fire Boat.
Federal Payment to the Chief Medical Examiner
For a Federal payment to the Chief Medical Examiner, $585,000 for
reduction in the backlog of autopsies, case reports and for the
purchase of toxicology and histology equipment.
Federal Payment to the Youth Life Foundation
For a Federal payment to the Youth Life Foundation, $250,000 for
technical assistance, operational expenses, and establishment of a
National Training Institute.
Federal Payment to Food and Friends
For a Federal payment to Food and Friends, $2,000,000 for their
Capital Campaign.
Federal Payment to the City Administrator
For a Federal payment to the City Administrator, $300,000 for the
Criminal Justice Coordinating Council for the District of Columbia.
Federal Payment to Southeastern University
For a Federal payment to Southeastern University, $500,000 for a
public/private partnership with the District of Columbia Public Schools
at the McKinley Technology High School campus.
Federal Payment for Voyager Universal Literacy System
For a Federal payment to Voyager Expanded Learning, to implement
the Voyager Universal Literacy System in the District of Columbia
public schools and public charter schools, $1,000,000: Provided, That
the payment under this heading is contingent upon a certification by
the Inspector General of the District of Columbia that the District of
Columbia has deposited matching funds to implement such System into an
escrow account held by the Chief Financial Officer of the District of
Columbia.
Federal Payment to the Office of the Chief Technology Officer
For a Federal payment to the Chief Technology Officer of the
District of Columbia to carry out the Local-Federal Mobile Wireless
Interoperability Demonstration Project, $500,000: Provided, That the
payment under this heading is contingent upon a certification by the
Inspector General of the District of Columbia that each entity of the
Federal Government which is participating in such Project has deposited
matching funds to carry out the Project into an escrow account held by
the Chief Financial Officer of the District of Columbia.
Federal Payment for Emergency Planning
For a Federal payment to the District of Columbia for emergency
planning, $16,058,000: Provided, That $4,623,000 of such amount shall
be made available immediately for development of an emergency
operations plan for the District of Columbia, to be submitted to the
appropriate Federal agencies as soon as practicable: Provided further,
That upon submission of such plan, $8,029,000 of such amount shall be
made available to begin implementation of the plan: Provided further,
That $3,406,000 of such amount shall be made available immediately for
reimbursement of planning and related expenses incurred by the District
of Columbia in anticipation of providing security for the planned
meetings in September 2001 of the World Bank and the International
Monetary Fund in the District of Columbia: Provided further, That one-
half of the amounts under the headings ``Federal Payment for Resident
Tuition Support'', ``Federal Payment to the Fire and Emergency Medical
Services Department'', ``Federal Payment to the Chief Medical
Examiner'', and ``Federal Payment to the City Administrator'', shall
not be made available until the emergency operations plan has been
submitted to the appropriate Federal agencies in accordance with the
preceding proviso: Provided further, That the Chief Financial Officer
of the District of Columbia shall provide quarterly reports to the
Committees on Appropriations on the use of the funds under this
heading, beginning not later than January 2, 2002.
Federal Payment to the Chief Financial Officer of the District of
Columbia
For a Federal payment to the Chief Financial Officer of the
District of Columbia, $2,350,000, of which $1,000,000 shall be for
payment to the Excel Institute Adult Education Program to be used by
the Institute for construction and to acquire construction services
provided by the General Services Administration on a reimbursable
basis; $300,000 shall be for payment to the Woodlawn Cemetery for
restoration of the Cemetery; $250,000 shall be for payment to the Real
World Schools concerning 21st Century reform models for secondary
education and the use of technology to support learning in the District
of Columbia; $300,000 shall be for payment to a mentoring program and
for hotline services; $250,000 shall be for payment to a youth
development program with a character building curriculum; and $250,000
shall be for payment to a basic values training program.
Federal Payment to the District of Columbia Corrections Trustee
Operations
For salaries and expenses of the District of Columbia Corrections
Trustee, $32,700,000 for the administration and operation of
correctional facilitie
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s and for the administrative operating costs of
the Office of the Corrections Trustee, as authorized by section 11202
of the National Capital Revitalization and Self-Government Improvement
Act of 1997 (Public Law 105-33; 111 Stat. 712) of which $1,000,000 is
to fund an initiative to improve case processing in the District of
Columbia criminal justice system, $2,500,000 to remain available until
September 30, 2003, for building renovations required to accommodate
functions transferred from the Lorton Correctional Complex, and
$2,000,000 to remain available until September 30, 2003, to be
transferred to the appropriate agency for the closing of the sewage
treatment plant and the removal of underground storage tanks at the
Lorton Correctional Complex: 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.
Federal Payment to the District of Columbia Courts
For salaries and expenses for the District of Columbia Courts,
$111,238,000, to be allocated as follows: for the District of Columbia
Court of Appeals, $8,003,000, of which not to exceed $1,500 is for
official reception and representation expenses; for the District of
Columbia Superior Court, $66,091,000, of which not to exceed $1,500 is
for official reception and representation expenses; for the District of
Columbia Court System, $31,149,000, of which not to exceed $1,500 is
for official reception and representation expenses; and $5,995,000 to
remain available until September 30, 2003, for capital improvements for
District of Columbia courthouse facilities: Provided, That none of the
funds in this Act or in any other Act shall be available for the
purchase, installation or operation of an Integrated Justice
Information System until a detailed plan and design has been submitted
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.
Federal Payment for Family Court Act
For carrying out the District of Columbia Family Court Act of 2001,
$23,316,000, of which $18,316,000 shall be for the Superior Court of
the District of Columbia and $5,000,000 shall be for the Mayor of the
District of Columbia: Provided, That the chief judge of the Superior
Court shall submit the transition plan for the Family Court of the
Superior Court required under section 2(b)(1) of the District of
Columbia Family Court Act of 2001 to the Comptroller General (in
addition to any other requirements under such section): Provided
further, That the Comptroller General shall prepare and submit to the
President and Congress an analysis of the contents and effectiveness of
the plan, including an analysis of whether the plan contains all of the
information required under such section: Provided further, That the
funds provided under this heading to the Superior Court shall not be
made available until the expiration of the 30-day period (excluding
Saturdays, Sundays, legal public holidays, and any day on which neither
House of Congress is in session because of an adjournment sine die, a
recess of more that 3 days, or an adjournment of more than 3 days)
which begins on the date the Comptroller General submits such analysis
to the President and Congress: Provided further, That the Mayor shall
prepare and submit to the President, Congress, and the Comptroller
General a plan for the use of the funds provided to the Mayor under
this heading, consistent with the requirements of the District of
Columbia Family Court Act of 2001, including the requirement to
integrate the computer systems of the District government with the
computer systems of the Superior Court: Provided further, That the
Comptroller General shall prepare and submit to the President and
Congress an analysis of the contents and effectiveness of the plan:
Provided further, That the funds provided under this heading to the
Mayor shall not be made available until the expiration of the 30-day
period (excluding Saturdays, Sundays, legal public holidays, and any
day on which neither House of Congress is in session because of an
adjournment sine die, a recess of more than 3 days, or an adjournment
of more than 3 days) which begins on the date the Comptroller General
submits such plan to the President and Congress.
Defender Services in District of Columbia Courts
For payments authorized under section 11-2604 and section 11-2605,
D.C. Official 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. Official
Code, and payments for counsel authorized under section 21-2060, D.C.
Official Code (relating to representation provided under the District
of Columbia Guardianship, Protective Proceedings, and Durable Power of
Attorney Act of 1986), $34,311,000, to remain available until expended:
Provided, That the funds provided in this Act under the heading
``Federal Payment to the District of Columbia Courts'' (other than the
$5,995,000 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 shall use funds provided in
this Act under the heading ``Federal Payment to the District of
Columbia Courts'' (other than the $5,995,000 provided under such
heading for capital improvements for District of Columbia courthouse
facilities), to make payments described under this heading for
obligations incurred during any fiscal year: 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
(including transfer of funds)
For salaries and expenses, including the transfer and hire of motor
vehicles, of the Court Services and Offender Supervision Agency for the
District of Columbia, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997 (Public Law
105-3
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3; 111 Stat. 712), $147,300,000, of which $13,015,000 shall remain
available until expended for construction project; not to exceed $1,500
is for official receptions related to offender and defendant support
programs; $94,112,000 shall be for necessary expenses of Community
Supervision and Sex Offender Registration, to include expenses relating
to supervision of adults subject to protection orders or provision of
services for or related to such persons; $20,829,000 shall be
transferred to the Public Defender Service; and $32,359,000 shall be
available to the Pretrial Services Agency: Provided, That
notwithstanding any other provision of law, all amounts under this
heading shall be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal agencies:
Provided further, That notwithstanding chapter 12 of title 40, United
States Code, the Director may acquire by purchase, lease, condemnation,
or donation, and renovate as necessary, Building Number 17, 1900
Massachusetts Avenue, Southeast Washington, District of Columbia, to
house or supervise offenders and defendants, with funds made available
by this Act: Provided further, That the Director is authorized to
accept and use gifts in the form of in-kind contributions of space and
hospitality to support offender and defendant programs, and equipment
and vocational training services to educate and train offenders and
defendants: Provided further, That the Director shall keep accurate and
detailed records of the acceptance and use of any gift or donation
under the previous proviso, and shall make such records available for
audit and public inspection.
Children's National Medical Center
For a Federal contribution to the Children's National Medical
Center in the District of Columbia, $5,500,000, of which $500,000 shall
be used for the network of satellite pediatric health clinics for
children and families in underserved neighborhoods and communities in
the District of Columbia and $5,000,000 shall be used to modernize the
Children's National Medical Center and update its medical equipment.
St. Coletta of Greater Washington Expansion Project
For a Federal contribution to St. Coletta of Greater Washington,
Inc. for costs associated with the establishment of a day program and
comprehensive case management services for mentally retarded and
multiple-handicapped adolescents and adults in the District of
Columbia, including property acquisition and construction, $1,000,000.
Federal Payment to Faith and Politics Institute
For a Federal payment to the Faith and Politics Institute, $50,000,
for grass roots-based racial sensitivity programs in the District of
Columbia.
Federal Payment for Brownfield Remediation
Notwithstanding any other provision of law, the funds made
available in the District of Columbia Appropriations Act, 2001 (Public
Law 106-522; 114 Stat. 2445), for Brownfield Remediation shall be
available until expended.
DISTRICT OF COLUMBIA FUNDS
OPERATING EXPENSES
Division of Expenses
The following amounts are appropriated for the District of Columbia
for the current fiscal year out of the general fund of the District of
Columbia, except as otherwise specifically provided: Provided, That
notwithstanding any other provision of law, except as provided in
section 450A of the District of Columbia Home Rule Act and section 119
of this Act (Public Law 93-198; D.C. Official Code, sec. 1-204.50a),
the total amount appropriated in this Act for operating expenses for
the District of Columbia for fiscal year 2002 under this heading shall
not exceed the lesser of the sum of the total revenues of the District
of Columbia for such fiscal year or $6,043,881,000 (of which
$124,163,000 shall be from intra-District funds and $3,571,343,000
shall be from local funds): Provided further, That the Chief Financial
Officer of the District of Columbia shall take such steps as are
necessary to assure that the District of Columbia meets these
requirements, including the apportioning by the Chief Financial Officer
of the appropriations and funds made available to the District during
fiscal year 2002, 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.
Governmental Direction and Support
Governmental direction and support, $285,359,000 (including
$229,271,000 from local funds, $38,809,000 from Federal funds, and
$17,279,000 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 notwithstanding any other provision of law, or
Mayor's Order 86-45, issued March 18, 1986, the Office of the Chief
Technology Officer's delegated small purchase authority shall be
$500,000: Provided further, That the District of Columbia government
may not require the Office of the Chief Technology Officer 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 not less than $353,000 shall be available to the
Office of the Corporation Counsel to support increases in the Attorney
Retention Allowance: Provided further, That not less than $50,000 shall
be available to support a mediation services program within the Office
of the Corporation Counsel: Provided further, That not less than
$50,000 shall be available to support a TANF Unit within the Child
Support Enforcement Division of the Office of the Corporation Counsel.
Economic Development and Regulation
Economic development and regulation, $230,878,000 (including
$60,786,000 from local funds, $96,199,000 from Federal funds, and
$73,893,000 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. Official Code, sec. 2-1215.01 et seq.),
and the Business Improvement Districts Amendment Act of 1997 (D.C. Law
12-26; D.C. Official Code, sec. 2-1215.15(l)(2)): Provided, That such
funds are available for acquiring services provided by the General
Services Administration: Provided further, That Business Improvement
Districts shall be exempt from taxes levied by the District of
Columbia: Provided further, That the fees established and collected
pursuant to D.C. Law 13-281 shall be identified, and an accounting
provided, to the District of Columbia Council's Committee on Consumer
and Regulatory Affairs.
Public Safety and Justice
Public safety and justice, $633,853,000 (including $594,803,000
from local funds, $8,298,000 from Federal funds, and $30,752,000 from
other funds): Provided, That not to exceed $500,000 shall be available
from this appropriation for the Chief of Police for the prevention and
detection of crime: Provided further, That notwithstanding any other
law, section 3703 of title XXXVII of the Fiscal Year 2002 Budget
Support Act of 2001 (D.C. Bill 14-144), adopted by the Council
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of the
District of Columbia, is enacted into law: 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 no less than $173,000,000 shall be
available to the Metropolitan Police Department for salary in support
of 3,800 sworn officers: Provided further, That no less than $100,000
shall be available in the Department of Corrections budget to support
the Corrections Information Council: Provided further, That not less
than $296,000 shall be available to support the Child Fatality Review
Committee.
Public Education System
Public education system, including the development of national
defense education programs, $1,106,165,000 (including $894,494,000 from
local funds, $185,044,000 from Federal funds, and $26,627,000 from
other funds), to be allocated as follows: $810,542,000 (including
$658,624,000 from local funds, $144,630,000 from Federal funds, and
$7,288,000 from other funds), for the public schools of the District of
Columbia; $47,370,000 (including $19,911,000 from local funds of which
$17,000,000 is from a Federal payment previously appropriated in this
Act for resident tuition support at public and private institutions of
higher learning for eligible District of Columbia residents,
$26,917,000 from Federal funds, and $542,000 from other funds), for the
State Education Office, and $142,257,000 from local funds for public
charter schools: Provided, That there shall be quarterly disbursement
of funds to the District of Columbia public charter schools, with the
first payment to occur within 15 days of the beginning of each fiscal
year: Provided further, That if the entirety of this allocation has not
been provided as payments to any public charter school currently in
operation through the per pupil funding formula, the funds shall be
available for public education in accordance with the School Reform Act
of 1995 (Public Law 104-134; D.C. Official Code, sec. 38-
1804.03(a)(2)(D): Provided further, That $480,000 of this amount shall
be available to the District of Columbia Public Charter School Board
for administrative costs: Provided further, That $76,542,000 (including
$45,912,000 from local funds, $12,539,000 from Federal funds, and
$18,091,000 from other funds) shall be available for the University of
the District of Columbia: Provided further, That $750,000 shall be
available for Enhancing and Actualizing Internationalism and
Multiculturalism in the Academic Programs of the University of the
District of Columbia: $1,000,000 shall be paid to the Excel Institute
Adult Education Program by the Chief Financial Officer quarterly on the
first day of each quarter, and not less than $200,000 for the Adult
Education and $27,256,000 (including $26,030,000 from local funds,
$560,000 from Federal funds and $666,000 other funds) for the Public
Library: Provided further, That $2,198,000 (including $1,760,000 from
local funds, $398,000 from Federal funds and $40,000 from other funds)
shall be available for the Commission on the Arts and Humanities:
Provided further, That the public schools of the District of Columbia
are authorized to accept not to exceed 31 motor vehicles for exclusive
use in the driver education program: Provided further, That not to
exceed $2,500 for the Superintendent of Schools, $2,500 for the
President of the University of the District of Columbia, and $2,000 for
the Public Librarian shall be available from this appropriation for
official purposes: Provided further, That none of the funds contained
in this Act may be made available to pay the salaries of any District
of Columbia Public School teacher, principal, administrator, official,
or employee who knowingly provides false enrollment or attendance
information under article II, section 5 of the Act entitled ``An Act to
provide for compulsory school attendance, for the taking of a school
census in the District of Columbia, and for other purposes'', approved
February 4, 1925 (D.C. Official Code, sec. 38-201 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 2002 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, 2002, 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 notwithstanding any other
provision of law, rule, or regulation, the evaluation process and
instruments for evaluating District of Columbia Public School employees
shall be a non-negotiable item for collective bargaining purposes:
Provided further, That the District of Columbia Public Schools shall
spend $1,200,000 to implement the D.C. Teaching Fellows Program in the
District's public schools: Provided further, That notwithstanding the
amounts otherwise provided under this heading or any other provision of
law, there shall be appropriated to the District of Columbia public
charter schools on July 1, 2002, an amount equal to 25 percent of the
total amount provided for payments to public charter schools in the
proposed budget of the District of Columbia for fiscal year 2003 (as
submitted to Congress), and the amount of such payment shall be
chargeable against the final amount provided for such payments under
the District of Columbia Appropriations Act, 2003: Provided further,
That notwithstanding the amounts otherwise provided under this heading
or any other provision of law, there shall be appropriated to the
District of Columbia Public Schools on July 1, 2002, an amount equal to
10 percent of the total amount provided for the District of Columbia
Public Schools in the proposed budget of the District of Columbia for
fiscal year 2003 (as submitted to Congress), and the amount of such
payment shall be chargeable against the final amount provided for the
District of Columbia Public Schools under the District of Columbia
Appropriations Act, 2003.
Human Support Services
Human support services, $1,803,923,000 (including $711,072,000 from
local funds, $1,075,960,000 from Federal funds, and $16,891,000 from
other funds): Provided, That $27,986,000 of this appropriation, to
remain available until expended, shall be available solely for District
of Columbia employees' disability compensation: Provided further, That
$90,000,000 transferred pursuant to the District of Columbia
Appropriations Act, 2001 (Public Law 106-522; 114 Stat. 2452), to the
Public Benefit Corporation for restructuring shall be made available to
the Department of Health's Health Care Safety Net Administration for
the purpose of restructuring the delivery of health services in the
Dis
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trict of Columbia shall remain available for obligation during
fiscal year 2002: Provided further, That the District of Columbia shall
not provide free government services such as water, sewer, solid waste
disposal or collection, utilities, maintenance, repairs, or similar
services to any legally constituted private nonprofit organization, as
defined in section 411(5) of the Stewart B. McKinney Homeless
Assistance Act (101 Stat. 485; Public Law 100-77; 42 U.S.C. 11371),
providing emergency shelter services in the District, if the District
would not be qualified to receive reimbursement pursuant to such Act
(101 Stat. 485; Public Law 100-77; 42 U.S.C. 11301 et seq.): Provided
further, That no less than $500,000 of the $7,500,000 appropriated for
the Addiction Recovery Fund shall be used solely to pay treatment
providers who provide substance abuse treatment to TANF recipients
under the Drug Treatment Choice Program: Provided further, That no less
than $2,000,000 of this appropriation shall be used solely to
establish, by contract, a 2-year pilot substance abuse program for
youth ages 16 through 21 years of age: Provided further, That no less
than $60,000 be available for a D.C. Energy Office Matching Grant:
Provided further, That no less than $2,150,000 be available for a pilot
Interim Disability Assistance program pursuant to title L of the Fiscal
Year 2002 Budget Support Act (D.C. Bill 14-144).
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, $300,151,000 (including $286,334,000 from local
funds, $4,392,000 from Federal funds, and $9,425,000 from other funds):
Provided, That $11,000,000 of this appropriation shall be available for
transfer to the Highway Trust Fund's Local Roads, Construction and
Maintenance Fund upon certification by the Chief Financial Officer that
funds are available from the fiscal year 2001 budgeted reserve or where
the Chief Financial Officer certifies that additional local revenues
are available: Provided further, 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, $403,368,000 (including $250,015,000 from local
funds, $134,339,000 from Federal funds, and $19,014,000 from other
funds).
Workforce Investments
For workforce investments, $42,896,000 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 replacement of funds expended, if any, during fiscal year 2001
from the Reserve established by section 202(j) of the District of
Columbia Financial Responsibility and Management Assistance Act of
1995, Public Law 104-8, $150,000,000 from local funds: Provided, That
none of these funds shall be obligated or expended under this heading
until the emergency reserve fund established under Sec. 450A(a) of the
District of Columbia Home Rule Act (Public Law 93-198 as amended; 114
Stat. 2478; D.C. Official Code, Sec. 1-204.50a(a)) has been fully
funded for fiscal year 2002.
Contingency Reserve Fund
For the contingency reserve fund established under section 450A(b)
of the District of Columbia Home Rule Act (Public Law 93-198; D.C.
Official Code, sec. 1-204.50a(b)), the amount provided for fiscal year
2002 under such section, to be derived from local funds.
Repayment of Loans and Interest
For payment of principal, interest, and certain fees directly
resulting from borrowing by the District of Columbia to fund District
of Columbia capital projects as authorized by sections 462, 475, and
490 of the District of Columbia Home Rule Act (Public Law 93-198 as
amended; D.C. Official Code, secs. 1-204.62, 1-204.75, 1-204.90),
$247,902,000 from local funds: Provided, That any funds set aside
pursuant to section 148 of the District of Columbia Appropriations Act,
2000 (Public Law 106-113; 113 Stat. 1523) that are not used in the
reserve funds established herein shall be used for Pay-As-You-Go
Capital Funds: Provided further, That for equipment leases, the Mayor
may finance $14,300,000 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
$4,440,000 is allocated for the Fire and Emergency Medical Services
Department, $2,010,000 for the Department of Parks and Recreation, and
$7,850,000 for the Department of Public Works.
Repayment of General Fund Recovery Debt
For the purpose of eliminating the $331,589,000 general fund
accumulated deficit as of September 30, 1990, $39,300,000 from local
funds, as authorized by section 461(a) of the District of Columbia Home
Rule Act, (105 Stat. 540; D.C. Official Code, sec. 1-204.61(a)).
Payment of Interest on Short-Term Borrowing
For payment of interest on short-term borrowing, $500,000 from
local funds.
Emergency Planning
For an emergency operations plan, implementation of the emergency
operations plan, and reimbursement of planning and related expenses
incurred by the District of Columbia in anticipation of the planned
World Bank and International Monetary Fund September 2001 meetings,
$16,058,000, from funds previously appropriated in this Act as a
Federal payment: Provided, That this appropriation shall be apportioned
by the Chief Financial Officer within the various appropriation heading
in this Act.
Wilson Building
For expenses associated with the John A. Wilson Building,
$8,859,000 from local funds.
Emergency Reserve Fund Transfer
Subject to the issuance of bonds to pay the purchase price of the
District of Columbia's right, title, and, interest in and to the Master
Settlement Agreement, and consistent with the Tobacco Settlement Trust
Fund Establishment Act of 1999 (D.C. Official Code, sec. 7-
1811.01(a)(2) et seq.) and the Tobacco Settlement Financing Act of 2000
(D.C. Official Code, sec. 7-1831.03), there is transferred the amount
available pursuant thereto, but not to exceed $33,254,000, to the
Emergency Reserve Fund established pursuant to section 450A(a) of the
District of Columbia Home Rule Act (Public Law 93-198, as amended; 114
Stat. 2478; D.C. Official Code, sec. 1-204.50a(a)).
Non-Departmental Agency
To account for anticipated costs that cannot be allocated to
specific agencies during the development of the proposed budget
including anticipated employee health insurance cost increases and
contract security costs, $5,799,000 from local funds.
ENTERPRISE AND OTHER FUNDS
Water and Sewer Authority
For operation of the Water and Sewer Authority, $244,978,000 from
other funds, of which $44,244,000 shall be apportioned for repayment of
loans and interest incurred for capital improvement projects
($17,952,936 payable to the District's debt service fund and
$26,291,064 payable for other debt service). For construction projects,
$152,114,000, in the following capital programs; $52,600,000 for the
Blue Plains Wastewater Treatment Plant, $11,148,000 for the sewer
program, $109,000 for the combined sewer program, $118,000 for the
stormwater program, $77,957,000 for the water program, and $10,182,000
for the capital equipment program: 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
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: Provided further, That section 106(b)(2) of the
District of Columbia Public Works Act of 1954 (sec. 34-2401.25(b)(2),
D.C. Official Code) is amended by inserting after ``the Office of
Management and Budget,'' the following: ``the Secretary of the
Treasury, and the head of each of the respective Federal departments,
independent establishments, and agencies,'': Provided further, That
section 212(b)(2) of the District of Columbia Public Works Act of 1954
(sec. 34-2112(b)(2), D.C. Official Code) is amended by inserting after
``the Office of Management and Budget,'' the following: ``the Secretary
of the Treasury, and the head of each of the respective Federal
departments, independent establishments, and agencies,''.
Washington Aqueduct
For operation of the Washington Aqueduct, $46,510,000 from other
funds.
Stormwater Permit Compliance Enterprise Fund
For operation of the Stormwater Permit Compliance Enterprise Fund,
$3,100,000 from other funds.
Lottery and Charitable Games Enterprise Fund
For the Lottery and Charitable Games Enterprise Fund, established
by the District of Columbia Appropriation Act, 1982 (95 Stat. 1174,
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.
Official Code, sec. 3-1301 et seq. and sec. 22-1716 et seq.),
$229,688,000: 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, $9,127,000 (including
$2,177,000 to be derived by transfer from the general fund of the
District of Columbia and $6,950,000 from other funds): Provided, That
the transfer of $2,177,000 from the general fund shall not be made
unless the District of Columbia general fund has received $2,177,000
from the D.C. Sports and Entertainment Commission prior to September
20, 2001: Provided further, 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. Official Code, sec. 1-204.42(b)).
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. Official Code, sec. 1-711), $13,388,000 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.
Washington Convention Center Enterprise Fund
For the Washington Convention Center Enterprise Fund, $57,278,000
from other funds.
Housing Finance Agency
For the Housing Finance Agency, $4,711,000 from other funds.
National Capital Revitalization Corporation
For the National Capital Revitalization Corporation, $2,673,000
from other funds.
CAPITAL OUTLAY
(including rescissions)
For construction projects, an increase of $1,550,787,000 of which
$1,348,783,000 shall be from local funds, $44,431,000 from Highway
Trust funds, and $157,573,000 from Federal funds, and a rescission of
$476,182,000 from local funds appropriated under this heading in prior
fiscal years, for a net amount of $1,074,605,000 to remain available
until expended: Provided, That funds for use of each capital project
implementing agency shall be managed and controlled in accordance with
all procedures and limitations established under the Financial
Management System: Provided further, That all funds provided by this
appropriation title shall be available only for the specific projects
and purposes intended: Provided further, That notwithstanding the
foregoing, all authorizations for capital outlay projects, except those
projects covered by the first sentence of section 23(a) of the Federal
Aid Highway Act of 1968 (82 Stat. 827; Public Law 90-495), for which
funds are provided by this appropriation title, shall expire on
September 30, 2003, except authorizations for projects as to which
funds have been obligated in whole or in part prior to September 30,
2003: Provided further, That upon expiration of any such project
authorization, the funds provided herein for the project shall lapse.
GENERAL PROVISIONS
Sec. 101. Whenever in this Act, an amount is specified within an
appropriation for particular purposes or objects of expenditure, such
amount, unless otherwise specified, shall be considered as the maximum
amount that may be expended for said purpose or object rather than an
amount set apart exclusively therefor.
Sec. 102. Appropriations in this Act shall be available for
expenses of travel and for the payment of dues of organizations
concerned with the work of the District of Columbia government, when
authorized by the Mayor: Provided, That in the case of the Council of
the District of Columbia, funds may be expended with the authorization
of the chair of the Council.
Sec. 103. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of judgments that have been entered against the
District of Columbia government: Provided, That nothing contained in
this section shall be construed as modifying or affecting the
provisions of section 11(c)(3) of title XII of the District of Columbia
Income and Franchise Tax Act of 1947 (70 Stat. 78; Public Law 84-460;
D.C. Official Code, sec. 47-1812.11(c)(3)).
Sec. 104. 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. 105. 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. 106. 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 House Committee on Government Reform,
the Senate Committee on Governmental Affairs, and the Council of the
District of Columbia, or their duly authorized representative.
Sec. 107. 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. 47-422 et seq.).
Sec. 108. No part of this appropriation shall be used for publicity
or propaganda purposes or implementation of any policy i
2000
ncluding
boycott designed to support or defeat legislation pending before
Congress or any State legislature.
Sec. 109. 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. 110. (a) 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 2002, 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 Committees on Appropriations 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.
(b) None of the local funds contained in this Act may be available
for obligation or expenditure for an agency through a reprogramming of
funds which transfers any local funds from one appropriation to another
unless the Committees on Appropriations of the Senate and House of
Representatives are notified in writing 30 days in advance of the
transfer, except that in no event may the amount of any funds
transferred exceed 2 percent of the local funds in the appropriation.
Sec. 111. Consistent with the provisions of 31 U.S.C. 1301(a),
appropriations under this Act shall be applied only to the objects for
which the appropriations were made except as otherwise provided by law.
Sec. 112. (a) 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. Official Code, sec. 1-
601.01 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. Official
Code, sec. 1-204.22(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.
(b)(1) Certification of Need by Chief Technology Officer.--Section
2706(b) of the District of Columbia Government Comprehensive Merit
Personnel Act of 1978, as added by section 2 of the District Government
Personnel Exchange Agreement Amendment Act of 2000 (D.C. Law 13-296),
is amended by inserting after ``Director of Personnel'' each place it
appears the following: ``(or the Chief Technology Officer, in the case
of the Office of the Chief Technology Officer)''.
(2) Inclusion of Overhead Costs in Agreements.--Section 2706(c)(3)
of such Act is amended by striking the period at the end and inserting
the following: ``, except that in the case of the Office of the Chief
Technology Officer, general and administrative costs shall include
reasonable overhead costs and shall be calculated by the Chief
Technology Officer (as determined under such criteria as the Chief
Technology Officer independently deems appropriate, including a
consideration of standards used to calculate general, administrative,
and overhead costs for off-site employees found in Federal law and
regulation and in general private industry practice).''.
(3) Reporting Requirement.--Section 2706 of such Act is amended--
(A) by redesignating subsection (f) as subsection (g); and
(B) by inserting after subsection (e) the following new
subsection:
``(f) Not later than 45 days after the end of each fiscal year
(beginning with fiscal year 2002), the Chief Technology Officer shall
prepare and submit to the Council and to the Committees on
Appropriations of the House of Representatives and Senate a report
describing all agreements entered into by the Chief Technology Officer
under this section which are in effect during the fiscal year.''.
(c) No Limit on FTEs.--Notwithstanding any other provision of law,
no limit may be placed on the number of full-time equivalent employees
of the Office of the Chief Technology Officer of the District of
Columbia for any fiscal year.
(d) Section 424(b)(3) of the District of Columbia Home Rule Act
(sec. 1-204.24b(c), D.C. Official Code) is amended by striking ``level
IV'' and inserting ``level I''.
(e) Effective Date.--The amendment made by subsection (d) shall
apply with respect to pay periods in fiscal year 2002 and each
succeeding fiscal year.
Sec. 113. No sole source contract with the District of Columbia
government or any agency thereof may be renewed or extended without
opening that contract to the competitive bidding process as set forth
in section 303 of the District of Columbia Procurement Practices Act of
1985 (D.C. Law 6-85; D.C. Official Code, sec. 2-303.03), 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.
Sec. 114. 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.
acceptance and use of gifts
Sec. 115. (a) Approval by Mayor.--
(1) In general.--An entity of the District of Columbia
government may accept and use a gift or donation during fiscal
year 2002 if--
(A) the Mayor approves the acceptance and use of
the gift or donation (except as provided in paragraph
(2)); and
(B) the entity uses the gift or donation to carry
out its authorized functions or duties.
(2) Exception for council and courts.--The Council of the
District of Columbia and the District of Columbia courts may
accept and use gifts without prior approval by the Mayor.
(b) Records and Public Inspection.--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), and
shall make such records available for audit and public inspection.
(c) Independent Agencies Included.--For the purposes of this
section, the term ``entity of the District of Columbia government''
includes an independent agency of the District of Columbia.
(
2000
d) Exception for Board of Education.--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. 116. 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. Official Code, sec. 1-123).
Sec. 117. 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. 118. None of the Federal 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. Official Code, sec. 32-701 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. 119. (a) Acceptance and Use of Grants Not Included in
Ceiling.--
(1) In general.--Notwithstanding any other provision of
this Act, the Mayor, in consultation with the Chief Financial
Officer 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
Council 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 Council a report setting forth
detailed information regarding such grant; and
(B) the Council within 15 days after receipt of the
report submitted under (A) has reviewed and approved
the acceptance, obligation, and expenditure of such
grant.
(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.
Sec. 120. (a) 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) The Chief Financial Officer of the District of Columbia shall
submit, by November 15, 2001, an inventory, as of September 30, 2001,
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.
(c) No officer or employee of the District of Columbia government
(including any independent agency of the District but excluding the
Office of the Chief Technology Officer) may enter into an agreement in
excess of $2,500 for the procurement of goods or services on behalf of
any entity of the District government until the officer or employee has
conducted an analysis of how the procurement of the goods and services
involved under the applicable regulations and procedures of the
District government would differ from the procurement of the goods and
services involved under the Federal supply schedule and other
applicable regulations and procedures of the General Services
Administration, including an analysis of any differences in the costs
to be incurred and the time required to obtain the goods or services.
Sec. 121. 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. 122. (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
2000
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. 123. None of the funds contained in this Act may be used for
purposes of the annual independent audit of the District of Columbia
government for fiscal year 2002 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.
Official Code, sec. 2-302.8); and
(2) the audit includes as a basic financial statement 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 using the format,
terminology, and classifications contained in the law making
the appropriations for the year and its legislative history.
Sec. 124. 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. 125. (a) None of the funds contained in this Act may be used
for any program of distributing sterile needles or syringes for the
hypodermic injection of any illegal drug.
(b) Any individual or entity who receives any funds contained in
this Act and who carries out any program described in subsection (a)
shall account for all funds used for such program separately from any
funds contained in this Act.
Sec. 126. 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 the officer's agency as a result of this
Act (and the amendments made by this Act), including any duty to
prepare a report requested either in the Act or in any of the reports
accompanying the Act and the deadline by which each report must be
submitted, and the District's Chief Financial Officer shall provide to
the Committees on Appropriations of the Senate and the House of
Representatives by the 10th day after the end of each quarter a summary
list showing each report, the due date and the date submitted to the
Committees.
Sec. 127. 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. 128. (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. 129. Notwithstanding any other provision of law, the Mayor of
the District of Columbia is hereby solely authorized to allocate the
District's limitation amount of qualified zone academy bonds
(established pursuant to 26 U.S.C. 1397E) among qualified zone
academies within the District.
Sec. 130. Nothing in this Act may be construed to prevent the
Council or Mayor of the District of Columbia from addressing the issue
of the provision of contraceptive coverage by health insurance plans,
but 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. 131. Section 149 of division A, Miscellaneous Appropriations
Act, 2001, as enacted by section 1(A)(4) of Public Law 106-554 shall
apply with respect to claims received by the Superior Court of the
District of Columbia or the District of Columbia Court of Appeals
during fiscal year 2002, and claims received previously that remain
unpaid at the end of fiscal year 2001 and would have qualified for
interest payment under such section 149.
Federal Contribution for Enforcement of Law Banning Possession of
Tobacco Products by Minors
Sec. 132. (a) Contribution.--There is hereby appropriated a Federal
contribution of $100,000 to the Metropolitan Police Department of the
District of Columbia, effective upon the enactment by the District of
Columbia of a law which reads as follows:
``ban on possession of tobacco products by minors
``Section 1. (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.''.
(b) Use of Contribution.--The Metropolitan Police Department shall
use the contribution made under subsection (a) to enforce the law
referred to in such subsection.
Sec. 133. 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. 134. (a) Section 11201(g)(4)(A) of the National Capital
Revitalization and Self-Government Improvement Act of 1997 (sec. 24-
1201(g)(4)(A), D.C. Code), as amended by section 163 of the District of
Columbia Appropriations Act, 2001, is amended--
(1) by striking ``and'' at the end of clause (ix);
(2) by striking the period at the end of clause (x); and
(3) by adding at the end the following new clause:
``(xi) obligate and expend the proceeds and
funds dep
9a7
osited under clauses (ix) and (x) as
provided in such clauses.''.
(b) The amendment made by subsection (a) shall take effect on
October 1, 2002.
Sec. 135. No later than the later of November 1, 2001, or 30
calendar days after the date of the enactment of this Act, the Chief
Financial Officer of the District of Columbia shall submit to the
appropriate committees of Congress, the Mayor, and the Council a
revised appropriated funds operating budget in the format of the budget
that the District of Columbia government submitted pursuant to section
442 of the District of Columbia Home Rule Act (Public Law 93-198; D.C.
Official Code, sec. 1-204.42), for all agencies of the District of
Columbia government for such fiscal year that is in the total amount of
the approved appropriation and that realigns all budgeted data for
personal services and other-than-personal-services, respectively, with
anticipated actual expenditures.
Sec. 136. Section 403 of the District of Columbia Home Rule Act,
approved December 24, 1973 (Public Law 93-198; D.C. Official Code, sec.
1-204.03), is amended as follows:
(1) Subsection (c) is amended by striking ``shall receive,
in addition to the compensation to which he is entitled as a
member of the Council, $10,000 per annum, payable in equal
installments, for each year he serves as Chairman, but the
Chairman''.
(2) A new subsection (d) is added to read as follows:
``(d) Notwithstanding subsection (a), as of the effective date of
the District of Columbia Appropriations Act, 2001, the Chairman shall
receive compensation, payable in equal installments, at a rate equal to
$10,000 less than the compensation of the Mayor.''.
Sec. 137. No funds appropriated in this Act may be made available
to any person or entity that violates the Buy American Act (41 U.S.C.
10a-10c).
Sec. 138. None of the funds contained in this Act may be used to
issue, administer, or enforce any order by the District of Columbia
Commission on Human Rights relating to docket numbers 93-030-(PA) and
93-031-(PA).
This Act may be cited as the ``District of Columbia Appropriations
Act, 2002''.
Passed the House of Representatives September 25, 2001.
Attest:
JEFF TRANDAHL,
Clerk.
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