[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2944 Enrolled Bill (ENR)]
H.R.2944
One Hundred Seventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and one
An Act
Making appropriations for the government of the District of Columbia and
other activities chargeable in whole or in part against 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, to be deposited
into a dedicated account, 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, including any interest accrued thereon, 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, or to pay up to $2,500 each year at
eligible private institutions of higher education: Provided further,
That the awarding of such funds may be prioritized on the basis of a
resident's academic merit, the income and need of eligible students and
such other factors as may be authorized: Provided further, That the
District of Columbia government shall establish a dedicated account for
the Resident Tuition Support Program that shall consist of the Federal
funds appropriated to the Program in this Act and any subsequent
appropriations, any unobligated balances from prior fiscal years, and
any interest earned in this or any fiscal year: Provided further, That
the account shall be under the control of the District of Columbia
Chief Financial Officer who shall use those funds solely for the
purposes of carrying out the Resident Tuition Support Program: Provided
further, That the Resident Tuition Support Program Office and the
Office of the Chief Financial Officer shall provide a quarterly
financial report to the Committees on Appropriations of the Senate and
House of Representatives for these funds showing, by object class, the
expenditures made and the purpose therefor: Provided further, That not
more than seven 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: Provided further, That $1,000,000 of said amount
shall be used for the establishment of a scholarship fund for District
of Columbia children of adoptive families, and District of Columbia
children without parents due to the September 11, 2001 terrorist attack
to be used for post high school education and training.''.
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, $500,000.
Federal Payment to the Capitol Education Fund
For a Federal payment to the Capitol Education Fund, $500,000.
Federal Payment to the Metropolitan Kappa Youth Development Foundation,
Inc.
For a Federal payment to the Metropolitan Kappa Youth Development
Foundation, Inc., $450,000.
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 to the District of Columbia Public Schools
For a Federal payment to the District of Columbia Public Schools,
$2,500,000, of which $2,000,000 shall be to implement the Voyager
Expanded Learning literacy program in kindergarten and first grade
classrooms in the District of Columbia Public Schools; $250,000 shall
be for the Failure Free Reading literacy program for non-readers and
special education students; and $250,000 for Lightspan, Inc. to
implement the eduTest.com program in the District of Columbia Public
Schools.
Federal Payments for District of Columbia and Federal Law Enforcement
Mobile Wireless Interoperability Project
For Federal payments in support of the District of Columbia and the
Federal law enforcement Mobile Wireless Interoperability Project,
$1,400,000, of which $400,000 shall be for a payment to the District of
Columbia Office of the Chief Technology Officer, $333,334 shall be for
a payment to the United States Secret Service, $333,333 shall be for a
payment to the United States Capitol Police, and $333,333 shall be for
a payment to the United States Park Police: Provided, That each agency
shall participate in the preparation of a joint report to the
Committees on Appropriations of the Senate and the House of
Representatives to be submitted no later than March 30, 2002 on the
allocation of these resources and a description of each agencies'
resource commitment to this project for fiscal year 2003.
Federal Payment for Emergency Planning and Security Costs in the
District of Columbia
For a Federal payment to the District of Columbia for emergency
planning and security costs and to reimburse the District for certain
security expenses related to the presence of the Federal Government in
the District of Columbia, $16,058,000: Provided, That $12,652,000 shall
be made available immediately to the District of Columbia Emergency
Management Agency for planning, training, and personnel costs required
for development and implementation of the emergency operations plan for
the District of Columbia, to be submitted to the appropriate Federal
agencies: Provided further, That a detailed report of actual and
estimated expenses incurred shall be provided to the Committees on
Appropriations of the Senate and the House of Representatives no later
than June 15, 2002: Provided further, That $3,406,000 of such amount
shall be made available immediately for reimbursement of fiscal year
2001 expenses incurred by the District of Columbia for equipment
purchased for 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 the Mayor and the Chairman
of the Council of the District of Columbia shall develop, in
consultation with the Director of the Office of Personnel Management,
the United States Secret Service, the United States Capitol Police, the
United States Park Police, the Washington Metropolitan Area Transit
Authority, regional transportation authorities, the Federal Emergency
Management Agency, the Governor of the State of Maryland and the
Governor of the Commonwealth of Virginia, the county executives of
contiguous counties of the region and the respective State and local
law enforcement entities in the region, an integrated emergency
operations plan for the District of Columbia in cases of national
security events, including terrorist threats, protests, or other
unanticipated events: Provided further, That such plan shall include a
response to attacks or threats of attacks using biological or chemical
agents: Provided further, That the city shall submit this plan to the
Committees on Appropriations of the Senate and the House of
Representatives no later than January 2, 2002: 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 April 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, $8,300,000, of which $2,250,000 shall be for
payment for a pilot project to demonstrate the ``Active Cap'' river
cleanup technology on the Anacostia River; $500,000 shall be for
payment to the Washington, D.C. Sports and Entertainment Commission
which, in coordination with the U.S. Soccer Foundation, shall use the
funds for environmental and infrastructure costs at Kenilworth Park in
the creation of the Kenilworth Regional Sports Complex; $600,000 shall
be for payment to the One Economy Corporation, a non-profit
organization, to increase Internet access to low-income homes in the
District of Columbia; $500,000 shall be for payment to the Langston
Project for the 21st Century, a community revitalization project to
improve physical education and training facilities; $1,000,000 shall be
for payment to the Green Door Program, for capital improvements at a
community mental health clinic; $500,000 shall be for payment to the
Historical Society of Washington, for capital improvements to the new
City Museum; $200,000 for a payment to Teach for America DC, for
teacher development; $350,000 for payment to the District of Columbia
Safe Kids Coalition, to promote child passenger safety through the
Child Occupant Protection Initiative; $50,000 for payment for
renovations at Eastern Market; $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, $30,200,000 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, $500,000 to remain available until
September 30, 2003 for building renovations or space acquisition
required to accommodate functions transferred from the Lorton
Correctional Complex, and $1,500,000 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,
$112,180,000, 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, $31,594,000, of which not to exceed $1,500 is
for official reception and representation expenses; and $6,492,000 for
capital improvements for District of Columbia courthouse facilities:
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,
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:
Provided further, That funds made available for capital improvements
may remain available until September 30, 2003.
Administrative Provisions
Section 11-1722(a), District of Columbia Code, is amended in the
first sentence by striking ``, subject to the supervision of the
Executive Officer''.
Section 11-1723(a)(3), District of Columbia Code, is amended by
striking ``and the internal auditing of the accounts of the courts''.
crime victims compensation fund
(a) Treatment of Unobligated Balances.--Section 16(d) of the
Victims of Violent Crime Compensation Act of 1996 (sec. 4-515(d), D.C.
Official Code), as amended by section 403 of the Miscellaneous
Appropriations Act, 2001 (as enacted into law by section 1(a)(4) of the
Consolidated Appropriations Act, 2001), is amended--
(1) by striking ``in excess of $250,000'';
(2) by striking ``and approved by'' and inserting ``which is
submitted to''; and
(3) by striking ``and not less than 80 percent'' and all that
follows and inserting the following: ``except that under such
plan--
``(1) 50 percent of such balance shall be used for direct
compensation payments to crime victims through the Fund under this
section and in accordance with this Act; and
``(2) 50 percent of such balance shall be used for outreach
activities designed to increase the number of crime victims who
apply for such direct compensation payments.''.
(b) Limit on Use of Amounts for Administrative Expenses.--Section
16(e) of such Act (sec. 4-515(e), D.C. Official Code), as amended by
section 202(d) of the Fiscal Year 2001 Budget Support Act of 2000 (D.C.
Law 13-172), is amended to read as follows:
``(e) All compensation payments and attorneys' fees awarded under
this Act shall be paid from, and subject to, the availability of monies
in the Fund. Not more than 5 percent of the total amount of monies in
the Fund may be used to pay administrative costs necessary to carry out
this Act.''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of section 403 of the
Miscellaneous Appropriations Act, 2001.
payments for representation of indigents
(a) Services of Counsel.--
(1) In general.--Section 11-2604, District of Columbia Code, is
amended--
(A) in subsection (a), by striking ``$50'' and inserting
``$65''; and
(B) in subsection (b)--
(i) by striking ``$1300'' each place it appears and
inserting ``$1900''; and
(ii) by striking ``$2450'' each place it appears and
inserting ``$3600''.
(2) Neglect and parental rights termination proceedings.--
Section 16-2326.01(b), District of Columbia Code, is amended--
(A) by striking ``$1,100'' each place it appears and
inserting ``$1,600'';
(B) in paragraph (3), by striking ``$1,500'' and inserting
``$2,200''; and
(C) in paragraph (4), by striking ``$750'' and inserting
``$1,100''.
(b) Services of Investigators, Experts, and Others.--Section 11-
2605, District of Columbia Code, is amended--
(1) by redesignating subsections (b) and (c) as subsections (c)
and (d); and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Subject to the applicable limits described in subsections (c)
and (d), an individual providing services under this section shall be
compensated at a fixed rate of $25 per hour, and shall be reimbursed
for expenses reasonably incurred.''.
(c) Effective Date.--The amendments made by this provision shall
apply with respect to cases and proceedings initiated on or after March
1, 2002.
Section 11-2604, District of Columbia Code, is amended:
(1) in subsection (a), by striking ``50'' and inserting ``75'';
and
(2) in subsection (b)--
(A) by striking ``1300'' each time it appears and inserting
``1900''; and
(B) by striking ``2450'' each time it appears and inserting
``3600''.
Federal Payment for Family Court Act
For carrying out the District of Columbia Family Court Act of 2001,
$24,016,000, of which $23,316,000 shall be for the Superior Court of
the District of Columbia and $700,000 shall be for the Mayor of the
District of Columbia of which $200,000 shall be for completion of a
plan by the Mayor on integrating the computer systems of the District
of Columbia government with the Family Court of the Superior Court of
the District of Columbia: Provided, That the Mayor shall submit a plan
to the President and the Congress within 6 months of enactment of that
Act, so that social services and other related services to individuals
and families serviced by the Family Court of the Superior Court and
agencies of the District of Columbia government (including the District
of Columbia Public Schools, the District of Columbia Housing Authority,
the Child and Family Services Agency, the Office of the Corporation
Counsel, the Metropolitan Police Department, the Department of Health,
and other offices determined by the Mayor) will be able to access and
share information on the individuals and families served by the Family
Court: Provided further, That $500,000 of such amount provided to the
Mayor shall be for the Child and Family Services Agency to be used for
social workers to implement Family Court reform: Provided further, That
the chief judge of the Superior Court shall submit the transition plan
for the Family Court of the Superior Court as required under 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 within 30
calendar days after the submission of the plan by the Superior Court:
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 within 30 calendar days after the submission of the plan by
the Mayor: 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. Code,
and payments for counsel authorized under section 21-2060, D.C. 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 $6,492,000
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 $6,492,000 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 of the amounts provided in
previous fiscal years for payments described under this heading which
remain unobligated as of the date of the enactment of this Act,
$4,685,500 shall be used by the Joint Committee on Judicial
Administration for design and construction expenses of the courthouse
at 451 Indiana Avenue NW: Provided further, That of the remainder of
such amounts, such sums as may be necessary shall be applied toward the
portion of the amount provided under this heading which is attributable
to increases in the maximum amounts which may be paid for
representation services in the District of Columbia courts: Provided
further, That funds provided under this heading 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 expenses at new or existing
facilities, and of which not to exceed $2,000 is for official
receptions related to offender and defendant support programs; of which
$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, or
such other site as the Director of the Court Services and Offender
Supervision Agency may determine as appropriate 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.
Federal Payment to the Children's National Medical Center
For a Federal payment to the Children's National Medical Center in
the District of Columbia, $5,500,000, of which $5,000,000 shall be for
capital and equipment improvements, and $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.
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, $2,000,000.
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 to the Thurgood Marshall Academy Charter School
For a Federal payment to the Thurgood Marshall Academy Charter
School, $1,000,000 to be used to acquire and renovate an educational
facility in Anacostia.
Federal Payment to the George Washington University Center for
Excellence in Municipal Management
For a Federal payment to the George Washington University Center
for Excellence in Municipal Management, $250,000 to increase the
enrollment of managers from the District of Columbia government.
Court Appointed Special Advocates
For a Federal payment to the District of Columbia Court Appointed
Special Advocates Unit, $250,000 to be used to expand its work in the
Family Court of the District of Columbia Superior Court.
Administrative Provision
Of the Federal funds made available in the District of Columbia
Appropriations Act, 2001, Public Law 106-522 for the Metropolitan
Police Department (114 Stat. 2441), $100,000 for the police mini-
station shall remain available for the purposes intended until
September 30, 2002: Provided, That the $1,000,000 made available in
such Act for the Washington Interfaith Network (114 Stat. 2444) shall
remain available for the purposes intended until December 31, 2002:
Provided further, That $3,450,000 made available in such Act for
Brownfield Remediation (114 Stat. 2445), shall remain 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 $6,048,160,000 (of which
$124,163,000 shall be from intra-District funds and $3,574,493,000
shall be from local funds): Provided further, That this amount may be
increased by proceeds of one-time transactions, which are expended for
emergency or unanticipated operating or capital needs: Provided
further, That such increases shall be approved by enactment of local
District law and shall comply with all reserve requirements contained
in the District of Columbia Home Rule Act as amended by this Act:
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, $286,138,000 (including
$229,421,000 from local funds, $38,809,000 from Federal funds, and
$17,908,000 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:
Provided further, That of all funds in the District of Columbia
Antitrust Fund established pursuant to section 2 of the District of
Columbia Antitrust Act of 1980 (D.C. Law 3-169; D.C. Official Code,
sec. 28-4516) an amount not to exceed $386,000, of all funds in the
Antifraud Fund established pursuant to section 820 of the District of
Columbia Procurement Practices Act of 1985, effective February 21, 1986
(D.C. Law 6-85; D.C. Official Code, sec. 2-308.20) an amount not to
exceed $10,000, and of all funds in the District of Columbia Consumer
Protection Fund established pursuant to section 1402 of the District of
Columbia Budget Support Act for fiscal year 2001 (D.C. Law 13-172; D.C.
Official Code, sec. 28-3911) an amount not to exceed $233,000, are
hereby made available for the use of the Office of the Corporation
Counsel of the District of Columbia until September 30, 2003, in
accordance with the statutes that established these funds.
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 et seq.): 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 Department of Consumer and
Regulatory Affairs shall use $50,000 of the receipts from the net
proceeds from the contractor that handles the District's occupational
and professional licensing to fund additional staff and equipment for
the Rental Housing Administration: Provided further, That the
Department of Consumer and Regulatory Affairs shall transfer up to
$293,000 from other funds resulting from the lapse of personnel
vacancies, caused by transferring DCRA employees into NSO positions
without filling the resultant vacancies, into the revolving 5-513 fund
to be used to implement the provisions in D.C. Law 13-281, the
Abatement and Condemnation of Nuisance Properties Omnibus Amendment Act
of 2000, pertaining to the prevention of the demolition by neglect of
historic properties: Provided further, That the fees established and
collected pursuant to Law 13-281 shall be identified, and an accounting
provided, to the District of Columbia Council's Committee on Consumer
and Regulatory Affairs: Provided further, That 18 percent of the annual
total amount in the 5-513 fund, up to $500,000, deposited into the 5-
513 fund on an annual basis, be used to implement section 102 and other
related sections of D.C. Law 13-281.
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, $1,108,665,000 (including $896,994,000 from
local funds, $185,044,000 from Federal funds, and $26,627,000 from
other funds), to be allocated as follows: $813,042,000 (including
$661,124,000 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,
$26,917,000 from Federal funds, $542,000 from other funds), for the
State Education Office, $17,000,000 from local funds, previously
appropriated in this Act as a Federal payment, and such sums as may be
derived from interest earned on funds contained in the dedicated
account established by the Chief Financial Officer of the District of
Columbia, for resident tuition support at public and private
institutions of higher learning for eligible District of Columbia
residents; 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(b)(e)(A)): 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 section 161 of the
District of Columbia Appropriations Act, 2001 (Public Law 106-522; 114
Stat. 2483, 2484), is amended, as if included in the Act--
(1) by striking ``not later than 1 year after the date of the
enactment of the District of Columbia Appropriations Act, 2001,'';
(2) by inserting ``revolving'' after ``enhancement'' in the
second sentence of paragraph (2)(B), in the heading of paragraph
(3), and in paragraph (3)(A); and
(3) by striking ``10 percent'' and inserting ``5 percent'':
Provided further, That the cap on administrative costs as amended by
section 161 of the District of Columbia Appropriations Act, 2001
(Public Law 106-522; 114 Stat. 2484), is amended by striking ``10
percent'' and inserting ``5 percent'': 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
$400,000 shall be available for Enhancing and Actualizing
Internationalism and Multiculturalism in the Academic Programs of the
University of the District of Columbia: Provided further, That
$1,277,500 shall be paid by the Chief Financial Officer to the Excel
Institute for operations as follows: $277,500 to cover debt owed by the
University of the District of Columbia for services rendered shall be
paid to the Excel Institute within 15 days of enactment of this Act;
and $1,000,000 for fiscal year 2002 shall be paid to the Excel
Institute in equal quarterly installments within 15 days of the
beginning of each quarter: Provided further, That not less than
$200,000 for Adult Education: Provided further, That $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 the $1,007,000 enhancement shall be allocated such that $500,000
is used for facilities improvements for 8 of the 26 library branches,
$235,000 for 13 FTEs for the continuation of the Homework Helpers
Program, $143,000 for 2 FTEs in the expansion of the Reach Out And Read
(ROAR) service to licensed day care homes, and $129,000 for 3 FTEs to
expand literacy support into branch libraries: 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 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: Provided further, That the first paragraph
under the heading ``Public Education System'' in Public Law 107-20,
approved July 24, 2001, is amended to read as follows: ``For an
additional amount for `Public Education System', $1,000,000 from local
funds to remain available until September 30, 2002, for the State
Education Office for a census-type audit of the student enrollment of
each District of Columbia Public School and of each public charter
school and $12,000,000 from local funds for the District of Columbia
Public Schools to conduct the 2001 summer school session.''.
Human Support Services
(Including Transfer of Funds)
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) 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 and shall remain available until expended for obligation
during fiscal year 2002: Provided further, That no less than $7,500,000
of this appropriation, to remain available until expended, shall be
deposited in the Addiction Recovery Fund established pursuant to
section 5 of the Choice in Drug Treatment Act of 2000, effective July
8, 2000 (D.C. Law 13-146; D.C. Official Code, sec. 7-3004), and used
solely for the purpose of the Drug Treatment Choice Program established
pursuant to section 4 of the Choice in Drug Treatment Act of 2000 (D.C.
Official Code, sec. 7-3003): 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 this appropriation shall not be available for collecting
ashes or miscellaneous refuse from hotels and places of business:
Provided further, That no less than $650,000 be available for a
mechanical alley sweeping program: Provided further, That no less than
$6,400,000 be available for residential parking enforcement: Provided
further, That no less than $100,000 be available for a General Counsel
to the Department of Public Works: Provided further, That no less than
$3,600,000 be available for ticket processing: Provided further, That
no less than 14 residential parking control aides or 10 percent of the
residential parking control force be available for night time
enforcement of out-of-state tags: Provided further, That of the total
of 3,000 additional parking meters being installed in commercial
districts and in commercial loading zones none be installed at loading
zones, or entrances at apartment buildings and none be installed in
residential neighborhoods: Provided further, That no less than $262,000
be available for taxicab enforcement activities: Provided further, That
no less than $241,000 be available for a taxicab driver security
revolving fund: Provided further, That no less than $30,084,000 in
local appropriations be available to the Division of Transportation,
within the Department of Public Works: Provided further, That no less
than $12,000,000 in rights-of-way fees shall be available for the Local
Roads, Construction and Maintenance Fund: Provided further, That
funding for a proposed separate Department of Transportation is
contingent upon Council approval of a reorganization plan: Provided
further, That no less than $313,000 be available for handicapped
parking enforcement: Provided further, That no less than $190,000 be
available for the Ignition Interlock Device Program: Provided further,
That no less than $473,000 be available for the Motor Vehicle Insurance
Enforcement Program: Provided further, 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 2001 budgeted reserve or where the Chief Financial Officer
certifies that additional local revenues are available: Provided
further, That $1,550,000 made available under the District of Columbia
Appropriations Act, 2001 (Public Law 106-522) for taxicab driver
security enhancements in the District of Columbia shall remain
available until September 30, 2002.
Receivership Programs
For all agencies of the District of Columbia government under court
ordered receivership, $403,868,000 (including $250,515,000 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, $120,000,000 from local funds.
Reserve Relief
For reserve relief, $30,000,000, for the purpose of spending funds
made available through the reduction from $150,000,000 to $120,000,000
in the amount required for the budget reserve established by section
202(j)(1) of the District of Columbia Financial Responsibility and
Management Assistance Act of 1995, Public Law 104-8: Provided, That
$12,000,000 shall be available to the District of Columbia Public
Schools and District of Columbia Public Charter Schools for educational
enhancements: Provided further, That $18,000,000 shall be available
pursuant to a local District law: Provided further, That of the
$30,000,000, funds shall only be expended upon: (i) certification by
the Chief Financial Officer of the District of Columbia that the funds
are available and not required to address potential deficits; (ii)
enactment of local District law detailing the purpose for the
expenditure; and (iii) prior notification by the Mayor to the
Committees on Appropriations of both the Senate and House of
Representatives in writing 30 days in advance of any such expenditure:
Provided further, That the $18,000,000 provided pursuant to local law
shall be expended only when the Emergency Reserve established pursuant
to section 450A(a) of the District of Columbia Home Rule Act (Public
Law 93-198; D.C. Official Code, sec. 1-204.50a(a)), has a minimum
balance in the amount of $150,000,000.
Emergency and Contingency Reserve Funds
For the Emergency and Contingency Reserve Funds established under
section 450A of the District of Columbia Home Rule Act (Public Law 93-
198; D.C. Official Code, sec. 1-204.50a(b)), the Mayor may deposit the
proceeds required pursuant to section 159(a) of Public Law 106-522 and
section 404(c) of Public Law 106-554 in the Contingency Reserve Fund
beginning in fiscal year 2002 if the minimum emergency reserve balance
requirement established in section 450A(c) has been met.
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; 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 shall be for the
Fire and Emergency Medical Services Department, $2,010,000 shall be for
the Department of Parks and Recreation, and $7,850,000 shall be for the
Department of Public Works: Provided further, That no less than
$533,000 be available for trash transfer capital debt service.
Emergency Assistance Loan Guarantees
Notwithstanding any other provision of law, the District of
Columbia is hereby authorized to make any necessary payments related to
the ``District of Columbia Emergency Assistance Act of 2001'':
Provided, That the District of Columbia shall use local funds for any
payments under this heading: Provided further, That the Chief Financial
Officer shall certify the availability of such funds, and shall certify
that such funds are not required to address budget shortfalls in the
District of Columbia: Provided further, That the Director the Office of
Management and Budget shall develop with the Chief Financial Officer of
the District of Columbia an estimate of the liability incurred by the
District of Columbia in implementing such Act: Provided further, That
the District of Columbia shall implement such Act consistent with the
recommendations made by the Office of Management and Budget and the
Federal Credit Reform Act: Provided further, That the District of
Columbia budget for fiscal year 2003 and future years shall include an
amount for potential loan repayment consistent with the liability
requirements recommended by the Office of Management and Budget.
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 and Security Costs
For an emergency operations plan, implementation of the emergency
operations plan, and reimbursement of fiscal year 2001 expenses
incurred by the District of Columbia for equipment purchased for
providing security for 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, of which
$12,652,000 shall be made available immediately to the District of
Columbia Emergency Management Agency for planning, training and
personnel costs required for development and implementation of the
emergency operations plan for the District of Columbia.
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 et seq.), there is transferred the
amount available pursuant thereto and section 404(c) of Public Law 106-
554, not less than $33,254,000, to the Emergency and Contingency
Reserve Funds established pursuant to section 450A of the District of
Columbia Home Rule Act (Public Law 93-198; 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
($17,953,000 payable to the District's debt service fund and
$26,291,000 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, $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 account shall apply to projects approved
under this appropriation account.
Administrative Provision
billings for water and sewer authority services provided to the
federal government
(a) Providing Estimates to Secretary of the Treasury and Department
Heads.--
(1) Sanitary sewer services.--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,''.
(2) Water services.--Section 106(b)(2) of such Act (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,''.
(3) Clarification of treatment of arlington national
cemetery.--Chapter 11 of title II of the Supplemental
Appropriations Act, 2001 (Public Law 107-20; 115 Stat. 188) is
amended in the item relating to ``INDEPENDENT AGENCIES--Department
of Defense--Civil--Cemeterial Expenses, Army--salaries and
expenses'' by striking the colon at the end of the second proviso
and inserting the following: ``, except that nothing in this
proviso may be construed to affect the determination of the amounts
required to be paid for such services under sections 212(b) and
106(b) of the District of Columbia Public Works Act of 1954 (sec.
34-2401.25(b) and sec. 34-2112(b), D.C. Official Code) or to waive
the requirement under such sections for the Secretary of Defense to
pay such amounts to the District of Columbia:''.
(b) Requiring Federal Departments to Grant Access to Authority for
Reading and Testing Water Meters.--
(1) In general.--Section 106(a) of the District of Columbia
Public Works Act of 1954 (sec. 34-2401.25(a), D.C. Official Code)
is amended by inserting before the last sentence the following:
``As an additional condition of service, the department, agency, or
establishment which is responsible for the maintenance of any such
meter shall provide the Mayor (acting through the District of
Columbia Water and Sewer Authority) with such access to the meter
as the Mayor may require to measure the actual usage of the
department, agency, or establishment (including any entity under
the jurisdiction of the department, agency, or establishment) for
purposes of making the adjustments to annual estimates required
under subsection (b)(2)(A).''.
(2) Permitting authority to install meters.--If a department,
independent establishment, or agency of the United States which
uses water and water services from the District of Columbia water
supply system has not installed a suitable meter at each point of
Federal connection to the system to control and record the use of
water through each such connection (as required under section
106(a) of the District of Columbia Public Works Act of 1954) as of
the expiration of the 60-day period which begins on the date of the
enactment of this Act--
(A) the District of Columbia Water and Sewer Authority
shall install such a meter or meters (and incidental vaults,
valves, piping and recording devices, and such other equipment
as the Authority deems necessary) not later than 60 days after
the expiration of such period; and
(B) the department, independent establishment, or agency
shall pay the Authority promptly (but in no case later than 30
days after the Authority submits a bill) for the costs incurred
in installing the meter and equipment.
(c) Clarification of Responsibility of Federal Departments to
Allocate Billings and Collect Amounts From Individual Offices.--
(1) Sanitary sewer services.--Section 212 of the District of
Columbia Public Works Act of 1954 (sec. 34-2112, D.C. Official
Code) is amended by adding at the end the following new subsection:
``(c) Nothing in this section may be construed to require the
District of Columbia to seek payment for sanitary sewer services
directly from any Federal entity which is under the jurisdiction of a
department, independent establishment, or agency which is required to
make a payment for such services under this section, or to allocate any
amounts charged for such services among the entities which are under
the jurisdiction of any such department, independent establishment, or
agency. Each Federal department, independent establishment, and agency
receiving sanitary sewer services from the District of Columbia shall
be responsible for allocating billings for such services among entities
under the jurisdiction of the department, establishment, or agency, and
shall be responsible for collecting amounts from such entities for any
payments made to the District of Columbia under this section.''.
(2) Water services.--Section 106 of the District of Columbia
Public Works Act of 1954 (sec. 34-2401.25, D.C. Official Code) is
amended by adding at the end the following new subsections:
``(c) Nothing in this section may be construed to require the
District of Columbia to seek payment for water services directly from
any Federal entity which is under the jurisdiction of a department,
independent establishment, or agency which is required to make a
payment for such services under this section, or to allocate any
amounts charged for such services among the entities which are under
the jurisdiction of any such department, independent establishment, or
agency. Each Federal department, independent establishment, and agency
receiving water from the District of Columbia shall be responsible for
allocating billings for such services among entities under the
jurisdiction of the department, establishment, or agency, and shall be
responsible for collecting amounts from such entities for any payments
made to the District of Columbia under this section.
``(d) In the case of water services provided to a department,
independent establishment, or agency in Virginia through the Federally
owned water main system, if the total of the metered amounts billed for
all individual users of the system (as measured by the meters for each
individual user) is less than the total amount as measured by the
meters at the delivery points into the system at the Francis Scott Key
Bridge, the District government shall collect, and the Secretary of
Defense shall pay, the difference to the District government in
accordance with the requirements for collecting and making payments
under this section.''.
(d) Effective Date.--This section and the amendments made by this
section shall apply with respect to fiscal year 2002 and each
succeeding fiscal year.
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, $9,627,000 (including
$2,177,000 to be derived by transfer from the general fund of the
District of Columbia and $7,450,000 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
30, 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 the capital budget for
the Department of Health shall not be available until the District of
Columbia Council's Committee on Human Services receives a report on the
use of any capital funds for projects on the grounds of D.C. General
Hospital: 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: Provided further,
That except for funds approved in the budgets prior to the fiscal year
2002 budget and FL-MA2 in the fiscal year 2002 Budget Request, no funds
may be expended to renovate, rehabilitate or construct any facility
within the boundaries of census tract 68.04 for any purpose associated
with the D.C. Department of Corrections, the CSOSA, or the federal
Bureau of Prisons unit until March 31, 2002 or until such time as the
Mayor shall present to the Council for its approval, a plan for the
development of census tract 68.04 south of East Capitol Street, S.E.,
and the housing of any misdemeanants, felons, ex-offenders, or persons
awaiting trial within the District of Columbia, whichever occurs
earlier: Provided further, That none of the conditions set forth in
this paragraph shall interfere with the current operations of any
Federal agency: Provided further, That none of the conditions set forth
shall restrict the ongoing operations of the Department of Corrections.
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 legal settlements or 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. 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, and salary 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. (a) Except as provided in subsection (b), 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.
(b) The District of Columbia may use local funds provided in this
Act to carry out lobbying activities on any matter other than--
(1) the promotion or support of any boycott; or
(2) statehood for the District of Columbia or voting
representation in Congress for the District of Columbia.
(c) Nothing in this section may be construed to prohibit any
elected official from advocating with respect to any of the issues
referred to in subsection (b).
Sec. 108. 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. 109. (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 transfer of any
local funds from one appropriation heading 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 four percent
of the local funds in the appropriation.
Sec. 110. 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. 111. (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 subject to the
review of the City Administrator, 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) The authority which the Chief Financial Officer of the District
of Columbia exercised with respect to personnel, procurement, and the
preparation of fiscal impact statements during a control period (as
defined in Public Law 104-8) shall remain in effect through July 1,
2002.
(d) Section 424(b)(3) of the District of Columbia Home Rule Act
(sec. 1-204.24b(c), D.C. Official Code) is amended--
(1) by striking ``determined'' and all that follows through
``exceed'' and inserting ``equal to''; and
(2) by striking ``IV'' and inserting ``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. 112. No later than 30 days after the end of the first quarter
of the fiscal year ending September 30, 2002, the Mayor of the District
of Columbia shall submit to the Council of the District of Columbia the
new fiscal year 2002 revenue estimates as of the end of the first
quarter of fiscal year 2002. These estimates shall be used in the
budget request for the fiscal year ending September 30, 2003. The
officially revised estimates at midyear shall be used for the midyear
report.
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. 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 and said determination has been
reviewed and certified by the Chief Financial Officer of the District
of Columbia.
Sec. 114. (a) 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.
(b) For purposes of the Balanced Budget and Emergency Deficit
Control Act of 1985 (99 Stat. 1037; Public Law 99-177), the term
``program, project, and activity'' shall be synonymous with and refer
specifically to each account appropriating Federal funds in this Act,
and any sequestration order shall be applied to each of the accounts
rather than to the aggregate total of those accounts: Provided, That
sequestration orders shall not be applied to any account that is
specifically exempted from sequestration by the Balanced Budget and
Emergency Deficit Control Act of 1985.
Sec. 115. Acceptance and Use of Gifts. (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, 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. Acceptance and Use of Grants Not Included in Ceiling. (a)
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.
(b) Requirement of Chief Financial Officer Report and Council
Approval.--No such Federal, private, or other grant may be accepted,
obligated, or expended pursuant to subsection (a) until--
(1) the Chief Financial Officer of the District of Columbia
submits to the Council a report setting forth detailed information
regarding such grant; and
(2) the Council within 15 calendar days after receipt of the
report submitted under paragraph (1) has reviewed and approved the
acceptance, obligation, and expenditure of such grant.
(c) 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 subsection (b)(2) of this section
or in anticipation of the approval or receipt of a Federal, private, or
other grant not subject to such paragraph.
(d) 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 section. 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) Restrictions on Use of Official Vehicles.--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) Inventory of Vehicles.--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, the Chief Financial Officer of
the District of Colubmia, and the Metropolitan Police Department) 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.--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).
(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, in coordination with the Chief Financial
Officer 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. (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. 128. 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.
prompt payment of appointed counsel
Sec. 129. (a) Assessment of Interest for Delayed Payments.--If the
Superior Court of the District of Columbia or the District of Columbia
Court of Appeals does not make a payment described in subsection (b)
prior to the expiration of the 45-day period which begins on the date
the Court receives a completed voucher for a claim for the payment,
interest shall be assessed against the amount of the payment which
would otherwise be made to take into account the period which begins on
the day after the expiration of such 45-day period and which ends on
the day the Court makes the payment.
(b) Payments Described.--A payment described in this subsection
is--
(1) a payment authorized under section 11-2604 and section 11-
2605, D.C. Code (relating to representation provided under the
District of Columbia Criminal Justice Act);
(2) a payment 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. Code; or
(3) a payment for counsel authorized under section 21-2060,
D.C. Code (relating to representation provided under the District
of Columbia Guardianship, Protective Proceedings, and Durable Power
of Attorney Act of 1986).
(c) Standards for Submission of Completed Vouchers.--The chief
judges of the Superior Court of the District of Columbia and the
District of Columbia Court of Appeals shall establish standards and
criteria for determining whether vouchers submitted for claims for
payments described in subsection (b) are complete, and shall publish
and make such standards and criteria available to attorneys who
practice before such Courts.
(d) Rule of Construction.--Nothing in this section shall be
construed to require the assessment of interest against any claim (or
portion of any claim) which is denied by the Court involved.
(e) Effective Date.--This section 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 this section.
Federal Contribution for Enforcement of Law Banning Possession of
Tobacco Products by Minors
Sec. 130. (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. 131. The Mayor of the District of Columbia shall submit to the
Senate and House Committees on Appropriations, the Senate Governmental
Affairs Committee, and the House Government Reform Committee quarterly
reports addressing the following issues: (1) crime, including the
homicide rate, implementation of community policing, the number of
police officers on local beats, and the closing down of open-air drug
markets; (2) access to drug abuse treatment, including the number of
treatment slots, the number of people served, the number of people on
waiting lists, and the effectiveness of treatment programs; (3)
management of parolees and pre-trial violent offenders, including the
number of halfway house escapes and steps taken to improve monitoring
and supervision of halfway house residents to reduce the number of
escapes to be provided in consultation with the Court Services and
Offender Supervision Agency; (4) education, including access to special
education services and student achievement to be provided in
consultation with the District of Columbia Public Schools; (5)
improvement in basic District services, including rat control and
abatement; (6) application for and management of Federal grants,
including the number and type of grants for which the District was
eligible but failed to apply and the number and type of grants awarded
to the District but for which the District failed to spend the amounts
received; and (7) indicators of child well-being.
Sec. 132. 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.
RESERVE FUNDS
Sec. 133. (a) In General.--Section 202(j) of Public Law 104-8, the
District of Columbia Financial Responsibility and Management Assistance
Act of 1995 is amended to read as follows:
``(j) Reserve Funds.--
``(1) Budget reserve.--
``(A) In general.--For each of the fiscal years 2002 and
2003, the budget of the District government for the fiscal year
shall contain a budget reserve in the following amounts:
``(i) $120,000,000, in the case of fiscal year 2002.
``(ii) $70,000,000, in the case of fiscal year 2003.
``(B) Availability of funds.--Any amount made available
from the budget reserve described in subparagraph (A) shall
remain available until expended.
``(C) Availability of fiscal year 2001 budget reserve
funds.--For fiscal year 2001, any amount in the budget reserve
shall remain available until expended.
``(2) Cumulative cash reserve.--In addition to any other cash
reserves required under section 450A of the District of Columbia
Home Rule Act, for each of the fiscal years 2004 and 2005, the
budget of the District government for the fiscal year shall contain
a cumulative cash reserve of $50,000,000.
``(3) Conditions on use.--The District of Columbia may obligate
or expend amounts in the budget reserve under paragraph (1) or the
cumulative cash reserve under paragraph (2) only in accordance with
the following conditions:
``(A) The Chief Financial Officer of the District of
Columbia shall certify that the amounts are available.
``(B) The amounts shall be obligated or expended in
accordance with laws enacted by the Council in support of each
such obligation or expenditure.
``(C) The amounts may not be used to fund the agencies of
the District of Columbia government under court ordered
receivership.
``(D) The amounts may be obligated or expended only if the
Mayor notifies the Committees on Appropriations of the House of
Representatives and Senate in writing 30 days in advance of any
obligation or expenditure.
``(4) Replenishment.--Any amount of the budget reserve under
paragraph (1) or the cumulative cash reserve under paragraph (2)
which is expended in 1 fiscal year shall be replenished in the
following fiscal year appropriations to maintain the required
balance.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect October 1, 2001.
(c) Conforming Amendments.--Section 159(c) of the District of
Columbia Appropriations Act, 2001 (Public Law 106-522; 114 Stat. 2482)
is amended to read as follows:
``(c) Effective Date.--
``(1) In general.--Except as provided in paragraph (2), this
section and the amendments made by this section shall take effect
on October 1, 2000.
``(2) Repeal of positive fund balance requirement.--The
amendment made by subsection (b)(2) shall take effect October 1,
1999.
``(3) Transfer of funds.--All funds identified by the District
government pursuant to section 148 of Public Law 106-113, as
reflected in the certified annual financial report for fiscal year
2000, shall be deposited during fiscal year 2002 into the Emergency
and Contingency Reserve Funds established pursuant to section 159
of Public Law 106-522, during fiscal year 2002.''.
(d) Contingency Reserve Fund.--Section 450A(b) of the Home Rule Act
(Public Law 93-198) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--There is established a contingency cash
reserve fund (in this subsection referred to as the `contingency
reserve fund') as an interest-bearing account (separate from other
accounts in the General Fund) into which the Mayor shall deposit in
cash not later than October 1 of each fiscal year (beginning with
fiscal year 2002) such amount as may be required to maintain a
balance in the fund of at least 3 percent of the total budget
appropriated for operating expenditures for such fiscal year which
is derived from local funds (or, in the case of fiscal years prior
to fiscal year 2007, such amount as may be required to maintain a
balance in the fund of at least the minimum contingency reserve
balance for such fiscal year, as determined under paragraph
(2)).''; and
(2) by striking subparagraph (B) of paragraph (2) and inserting
the following:
``(B) Applicable percentage defined.--In subparagraph (A),
the `applicable percentage' with respect to a fiscal year means
the following:
``(i) For fiscal year 2002, 0 percent.
``(ii) For fiscal year 2003, 0 percent.
``(iii) For fiscal year 2004, 0 percent.
``(iv) For fiscal year 2005, 1 percent.
``(v) For fiscal year 2006, 2 percent.''.
Sec. 134. Integrated Product Team. No funds appropriated by this
Act shall be available for an Integrated Product Team until
reorganization plans for the Integrated Product Team and a Capital
Construction Services Administration have been approved, or deemed
approved, by the Council: Provided, That this paragraph shall not apply
to funds appropriated for the Office of Contracting and Procurement.
Sec. 135. No later than 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 annual compensation of the Mayor.''.
Sec. 137. Risk Management for Settlements and Judgments. In
addition to any other authority to pay claims and judgments, any
department, agency, or instrumentality of the District government may
pay the settlement or judgment of a claim or lawsuit in an amount less
than $10,000, in accordance with the Risk Management for Settlements
and Judgments Amendment Act of 2000, effective October 19, 2000 (D.C.
Law 13-172; D.C. Official Code, sec. 2-402).
Sec. 138. Notwithstanding section 602(c)(1) of the District of
Columbia Home Rule Act (sec. 1-206(c)(1), D.C. Code), the Closing of
Portions of 2nd and N Streets, N.E. and Alley System in Square 710,
S.O. 00-97, Act of 2001 (D.C. Act 14-106) shall take effect on the date
of the enactment of such Act or the date of the enactment of this Act,
whichever is later.
Sec. 139. 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).
Sec. 140. (a) Notwithstanding 20 U.S.C. 1415, 42 U.S.C. 1988, 29
U.S.C 794a, or any other law, none of the funds appropriated under this
Act, or in appropriations Acts for subsequent fiscal years, may be made
available to pay attorneys' fees accrued prior to the effective date of
this Act that exceeds a cap imposed on attorneys' fees by prior
appropriations Acts that were in effect during the fiscal year when the
work was performed, or when payment was requested for work previously
performed, in an action or proceeding brought against the District of
Columbia Public Schools under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.).
(b) No later than 60 days after the date of enactment of this Act,
the Superintendent of Schools for the District of Columbia shall submit
to the Committees on Appropriations for the Senate and the House of
Representatives a written report for each of the fiscal years 1999,
2000, and 2001, detailing a complete itemized list, by year, of the
judgments for attorneys' fees awarded to plaintiffs who prevailed in
cases brought against the District of Columbia or the District of
Columbia Public Schools under section 615(i)(3) of the Individuals with
Disabilities Education Act (20 U.S.C. 1415(i)(3)). Such report shall
specify: (1) the amount of each judgment; (2) the total amount paid on
each judgment as of the date of the report; (3) the principal balance
remaining due on each such judgment as of the date of the report, the
amount of interest due as of December 31, 2001 on each unpaid amount;
and the prospective annual rate of interest applicable to the judgment
as of January 1, 2002; (4) the name of the Court and case number for
each judgment; (5) the aggregate total due in principal and interest on
the judgments; and (6) the amount paid by the District of Columbia, in
each case listed, to defense counsel representing the District or the
District of Columbia Public Schools.
Sec. 141. The Comptroller General, in consultation with the
relevant agencies and members of the Committees on Appropriations
Subcommittees on the District of Columbia, shall submit by March 31,
2002 a report to the Committees on Appropriations of the House and the
Senate and the Committee on Governmental Affairs of the Senate and the
Committee on Government Reform of the House of Representatives
detailing the awards in judgment rendered in the District of Columbia
that were in excess of the cap imposed by prior appropriations Acts in
effect during the fiscal year when the work was performed, or when
payment was requested for work previously performed, in actions brought
against the District of Columbia Public Schools under the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.): Provided,
That such report shall include a comparison, to the extent practicable,
of the causes of action and judgments rendered against public school
districts of comparable demographics and population as the District.
This Act may be cited as the ``District of Columbia Appropriations
Act, 2002''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.