[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2944 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  1st Session
                                H. R. 2944

_______________________________________________________________________

                                 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 facilities and for the administrative operating costs of 
the Office of the Corrections Trustee, as authorized by section 11202 
of the National Capital Revitalization and Self-Government Improvement 
Act of 1997 (Public Law 105-33; 111 Stat. 712) 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 
105-33; 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 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 
District 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: 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 including 
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.
    (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 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 deposited 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:

                                                                 Clerk.
107th CONGRESS

  1st Session

                               H. R. 2944

_______________________________________________________________________

                                 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.