[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1543 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 196
107th CONGRESS
  1st Session
                                S. 1543

                          [Report No. 107-85]

 Making appropriations for the government of the District of Columbia 
    and other activities chargeable in whole or in part against the 
  revenues of said District for the fiscal year ending September 30, 
                     2002, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 15, 2001

   Ms. Landrieu, from the Committee on Appropriations, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL


 
 Making appropriations for the government of the District of Columbia 
    and other activities chargeable in whole or in part against the 
  revenues of said District for the fiscal year ending September 30, 
                     2002, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the District of Columbia for the fiscal year ending 
September 30, 2002, and for other purposes, namely:

                             FEDERAL FUNDS

              Federal Payment for Resident Tuition Support

    For a Federal payment to the District of Columbia, 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 may 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 amount provided herein for this program 
may be used for administrative expenses.

           Federal Payment to the District of Columbia Courts

    For salaries and expenses for the District of Columbia Courts, 
$140,181,000, 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, $72,694,000, of which not to exceed $1,500 is 
for official reception and representation expenses; for the District of 
Columbia Court System, $31,634,000, of which not to exceed $1,500 is 
for official reception and representation expenses; and $27,850,000 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 after providing notice to the Committees on 
Appropriations of the Senate and House of Representatives, the District 
of Columbia Courts may reallocate not more than $1,000,000 of the funds 
provided under this heading among the items and entities funded under 
such heading: Provided further, That of this amount not less than 
$23,315,000 is for activities authorized under S. 1382, the District of 
Columbia Family Court Act of 2001: Provided further, That of the funds 
made available for the District of Columbia Superior Court, $6,603,000 
may remain available until September 30, 2003: Provided further, That 
of the funds made available for the District of Columbia Court System, 
$485,000 may remain available until September 30, 2003: Provided 
further, That of the funds made available for capital improvements, 
$21,855,000 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''.
    The Victims of Violent Crime Compensation Act of 1996 (D.C. Code, 
sec. 3-421 et seq. (1981 Ed., 1999 Supp.) as amended by Public Law 106-
113, Sec. 160 and Public Law 106-554, Sec. 1(a)(4), H.R. 5666, Division 
A, Chapter 4, Sec. 403) is amended: (a) in section 2 (D.C. Code, sec. 
3-421 (1981 Ed., 1999 Supp.)), as amended by District of Columbia Law 
13-172, Sec. 202(a) (except for paragraph (6)); (b) in section 7(c) 
(D.C. Code, sec. 3-426(c) (1981 Ed., 1999 Supp.)), as amended by 
District of Columbia Law 13-172, Sec. 202(b); (c) in section 8 (D.C. 
Code, sec. 3-427 (1981 Ed., 1999 Supp.)), as amended by District of 
Columbia Law 13-172, Sec. 202(c); and (d) in section 16(e) (D.C. Code, 
sec. 3-435(e) (1981 Ed., 1999 Supp.)), to read as follows:
    ``(e) All compensation and attorneys' fees awarded under this 
chapter shall be paid from, and subject to, the availability of monies 
in the Fund. No more than five percent of the total amount of monies in 
the Fund shall be used to pay administrative costs necessary to carry 
out this chapter.''.
    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'';
                    (B) by striking ``2450'' each time it appears and 
                inserting ``3600''.
    Section 16-2326.1(b), District of Columbia Code (1997 Repl.), is 
amended--
            (1) by striking ``1,100'' each time it appears and 
        inserting ``1,600'';
            (2) in paragraph (3), by striking ``1,500'' and inserting 
        ``2,200''; and
            (3) in paragraph (4), by striking ``750'' and inserting 
        ``1,100''.

            Defender Services in District of Columbia Courts

    For payments authorized under section 11-2604 and section 11-2605, 
D.C. 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), $39,311,000, 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 $27,850,000 
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 may use funds provided in this Act under the 
heading ``Federal Payment to the District of Columbia Courts'' (other 
than the $27,850,000 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 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 District of Columbia Corrections Trustee 
                               Operations

    For salaries and expenses of the District of Columbia Corrections 
Trustee, $32,700,000 for the administration and operation of 
correctional facilities and for the administrative operating costs of 
the Office of the Corrections Trustee, as authorized by section 11202 
of the National Capital Revitalization and Self-Government Improvement 
Act of 1997 (Public Law 105-33; 111 Stat. 712) of which $1,000,000 is 
to fund an initiative to improve case processing in the District of 
Columbia criminal justice system, $2,500,000 to remain available until 
September 30, 2003 is for building renovation or space acquisition 
required to accommodate functions transferred from the Lorton 
Correctional Complex, and $2,000,000 to remain available until 
September 30, 2003, is 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 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, and of which not to exceed $5,000 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.

Federal Payment to the District of Columbia for Security Costs Related 
 to the Presence of the Federal Government in the District of Columbia

    For a payment to the District of Columbia 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 a 
detailed report of actual and estimated expenses incurred shall be 
provided to the Committees on Appropriations of the Senate and House of 
Representatives no later than June 15, 2002: Provided further, That of 
this amount, $3,406,000 shall be made available for reimbursement of 
planning and related expenses incurred by the District of Columbia in 
anticipation of providing security for the planned meetings in 
September 2001 of the World Bank and the International Monetary Fund in 
the District of Columbia: Provided further, That 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 and state and local law enforcement entities in the 
region an integrated emergency 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 of 
the Senate and the House of Representatives on the use of the funds 
under this heading, beginning no later than January 2, 2002.

    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 District of Columbia Public Schools

    For a Federal payment to the District of Columbia Public Schools, 
$2,750,000, 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 $500,000 for the McKinley Technical 
High School for a public/private partnership with Southeastern 
University.

    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.

       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, $3,200,000 for capital and equipment 
improvements.

     Federal Payment for Child and Family Social Services Computer 
                            Integration Plan

    For a Federal payment to the District of Columbia, $200,000 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, pursuant to 
section 4 of S. 1382, the District of Columbia Family Court Act of 
2001, the Mayor shall submit a plan to the President and the Congress 
within six months of enactment of that Act, so that social services and 
other related services to individuals and families served 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.

 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 to the Chief Financial Officer of the District of 
                                Columbia

    For a Federal payment to the Chief Financial Officer of the 
District of Columbia, $5,900,000, 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 U.S. Soccer Foundation, to be used 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; and $350,000 for payment to the District of Columbia Safe 
Kids Coalition, to promote child passenger safety through the Child 
Occupant Protection Initiative.

                   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 their work in the 
Family Court of the District of Columbia Superior Court.

         Child and Family Services Agency--Family Court Reform

    For a Federal payment to the District of Columbia Child and Family 
Services Agency, $500,000 to be used for activities authorized under S. 
1382, the District of Columbia Family Court Act of 2001.

                       Administrative Provisions

    Under the heading ``Federal Payment for Incentives for Adoption of 
Children'' in Public Law 106-522, approved November 22, 2000 (114 Stat. 
2440), 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 to 
remain available until September 30, 2003: Provided, That $2,000,000 of 
said amount shall be used for attorney fees and home studies: Provided 
further, That $1,000,000 of said amount shall be used for the 
establishment of a scholarship fund which adoptive families will use 
for post high school education and training for adopted children: 
Provided further, That $1,000,000 of said amount shall be used for the 
establishment of a private adoptive family resource center in the 
District of Columbia to provide ongoing information, education and 
support to adoptive families: Provided further, That $1,000,000 of said 
amount shall be used for adoption incentives and support for children 
with special needs.''.
    Of the Federal funds made available in the District of Columbia 
Appropriations Act, 2001, Public Law 106-522 for the District of 
Columbia Public Schools (114 Stat. 2441) and the Metropolitan Police 
Department (114 Stat. 2441) such funds may remain available for the 
purposes intended until September 30, 2002: Provided, That funds 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 (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 $6,051,646,000 (of which $124,163,000 shall be from intra-
District funds and $3,553,300,000 shall be from local funds): Provided 
further, That this amount may be increased by (i) proceeds of one-time 
transactions, which are expended for emergency or unanticipated 
operating or capital needs or (ii) additional expenditures which the 
Chief Financial Officer of the District of Columbia certifies will 
produce additional revenues during such fiscal year at least equal to 
200 percent of such additional expenditures: Provided further, That 
such increases shall be approved by enactment of local District law and 
shall comply with all reserve requirements contained in 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, $307,117,000 (including 
$228,471,000 from local funds, $61,367,000 from Federal funds, and 
$17,279,000 from other funds): Provided, That not to exceed $2,500 for 
the Mayor, $2,500 for the Chairman of the Council of the District of 
Columbia, and $2,500 for the City Administrator shall be available from 
this appropriation for official purposes: Provided further, That any 
program fees collected from the issuance of debt shall be available for 
the payment of expenses of the debt management program of the District 
of Columbia: Provided further, That no revenues from Federal sources 
shall be used to support the operations or activities of the Statehood 
Commission and Statehood Compact Commission: Provided further, That 
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 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 the phrase 
        ``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) of this section, as of the 
effective date of the District of Columbia Appropriations Act, 2001, 
the Chairman shall receive compensation, payable in equal installments, 
at a rate equal to $10,000 less than the compensation of the Mayor.''.

                  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 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 transfer all local 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. Act 
13-578, 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 D.C. Act 13-578 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. Act 
13-578: Provided further, That the Department shall hire, with the 
consultation and guidance of the Director of the Office of Personnel on 
the necessary qualifications and salary level, from these lapsed funds, 
as soon as possible, but in no event later than November 1, 2001, a 
professional human resources manager who will become part of the 
Department's senior management team, and provide in consultation with 
its newly hired human resources professional manager, and the Office of 
Personnel, a detailed plan to the Council's Committee on Consumer and 
Regulatory Affairs, by December 1, 2001, for the use of the personal 
services lapsed funds, including the 58 vacant positions identified by 
the Department, in fiscal year 2001 to reclassify positions, augment 
pay scales once positions are reclassified where needed to fill 
vacancies with qualified and necessary personnel, and to fund these new 
and vacant positions.

                       Public Safety and Justice

    Public safety and justice, $632,668,000 (including $593,618,000 
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 no less than $173,000,000 
shall be available to the Metropolitan Police Department for salaries 
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 no 
less than $296,000 shall be available to support the Child Fatality 
Review Committee: Provided further, That nothing contained in this 
section shall be construed as modifying or affecting the provisions of 
section 11(c)(3) of title XII of the District of Columbia Income and 
Franchise Tax Act of 1947 (70 Stat. 78; Public Law 84-460; D.C. 
Official Code, sec. 47-1812.11(c)(3)): 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.

                        Public Education System

    Public education system, including the development of national 
defense education programs, $1,108,915,000 (including $894,494,000 from 
local funds, $187,794,000 from Federal funds, and $26,627,000 from 
other funds), to be allocated as follows: $813,292,000 (including 
$658,624,000 from local funds, $147,380,000 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 
necessary to 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 schools currently in 
operation through the per pupil funding formula, the funds shall be 
available for public education in accordance with the School Reform Act 
of 1995 (Public Law 104-134; D.C. Official Code, sec. 38-
1804.03(A)(2)(D)): Provided further, That $480,000 of this amount shall 
be available to the District of Columbia Public Charter School Board 
for administrative costs: Provided further, That $76,542,000 (including 
$45,912,000 from local funds, $12,539,000 from Federal funds, and 
$18,091,000 from other funds) shall be available for the University of 
the District of Columbia: Provided further, That $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 Roar (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 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 no less than $200,000 
be available for adult education: Provided further, That the third 
sentence of section 441 of the District of Columbia Home Rule Act, 
approved December 24, 1973 (Public Law 93-198; D.C. Official Code, sec. 
1-204.41), is amended to read as follows: ``However, the fiscal year 
for the Armory Board shall begin on the first day of January and shall 
end on the thirty-first day of December of each calendar year, and, 
beginning the first day of July 2003, the fiscal year for the District 
of Columbia Public Schools, District of Columbia Public Charter Schools 
and the University of the District of Columbia shall begin on the first 
day of July and end on the thirtieth day of June of each calendar 
year.'': 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 expended, 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 
$75,000,000 shall be available to the Health Care Safety Net 
Administration established by section 1802 of the Fiscal Year 2002 
Budget Support Act of 2001, D.C. Bill 14-144; $90,000,000 available 
under the District of Columbia Appropriations Act, 2001 (Public Law 
106-522) to the Public Benefit Corporation for restructuring shall be 
made available to the 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: 
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 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.

                         Receivership Programs

    For all agencies of the District of Columbia government under court 
ordered receivership, $403,868,000 (including $250,015,000 from local 
funds, $134,839,000 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 Reserve established by section 202(j) 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, (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.

                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.

                            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)(ii)) 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 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 for fiscal year 2002 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.

                          Washington Aqueduct

    For operation of the Washington Aqueduct, $46,510,000 from other 
funds for fiscal year 2002.

              Stormwater Permit Compliance Enterprise Fund

    For operation of the Stormwater Permit Compliance Enterprise Fund, 
$3,100,000 from other funds for fiscal year 2002.

              Lottery and Charitable Games Enterprise Fund

    For the Lottery and Charitable Games Enterprise Fund, established 
pursuant to the District of Columbia Appropriation Act, 1982 (95 Stat. 
1174, 1175; Public Law 97-91), for the purpose of implementing the Law 
to Legalize Lotteries, Daily Numbers Games, and Bingo and Raffles for 
Charitable Purposes in the District of Columbia (D.C. Law 3-172; D.C. 
Official Code, sec. 3-1301 et seq. and sec. 22-1716 et seq.), 
$229,688,000: Provided, That the District of Columbia shall identify 
the source of funding for this appropriation title from the District's 
own locally generated revenues: Provided further, That no revenues from 
Federal sources shall be used to support the operations or activities 
of the Lottery and Charitable Games Control Board.

                  Sports and Entertainment Commission

    For the Sports and Entertainment Commission, $9,127,000 from other 
funds: Provided, 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 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 $1,550,786,700 of which 
$1,348,782,387 shall be from local funds, $44,431,135 shall be from the 
Highway Trust Fund, and $157,573,178 shall be from Federal funds, and a 
rescission of $476,182,431 from local funds appropriated under this 
heading in prior fiscal years, for a net amount of $1,074,604,269 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 of $83,400,000 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 local 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 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: Provided further, That none of the conditions set forth in 
this paragraph shall interfere with the operations of any Federal 
agency.

                           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 Federal funds appropriated in this Act shall 
be used for publicity or propaganda purposes or implementation of any 
policy including boycott designed to support or defeat legislation 
pending before Congress or any State legislature.
    Sec. 107. 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. 108. (a) None of the funds provided under this Act to the 
agencies funded by this Act, both Federal and District government 
agencies, that remain available for obligation or expenditure in fiscal 
year 2002, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditure 
for an agency through a reprogramming of funds which: (1) creates new 
programs; (2) eliminates a program, project, or responsibility center; 
(3) establishes or changes allocations specifically denied, limited or 
increased by Congress in this Act; (4) increases funds or personnel by 
any means for any program, project, or responsibility center for which 
funds have been denied or restricted; (5) reestablishes through 
reprogramming any program or project previously deferred through 
reprogramming; (6) augments existing programs, projects, or 
responsibility centers through a reprogramming of funds in excess of 
$1,000,000 or 10 percent, whichever is less; or (7) increases by 20 
percent or more personnel assigned to a specific program, project or 
responsibility center; unless the Committees on Appropriations of both 
the Senate and House of Representatives are notified in writing 30 days 
in advance of any reprogramming as set forth in this section.
    (b) None of the local funds contained in this Act may be available 
for obligation or expenditure for an agency through a reprogramming or 
transfer of funds which transfers any local funds from one 
appropriation title to another unless the Committees on Appropriations 
of the Senate and House of Representatives are notified in writing 30 
days in advance of the reprogramming or transfer, except that in no 
event may the amount of any funds reprogrammed or transferred exceed 
four percent of the local funds.
    Sec. 109. 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. 110. 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. Code, sec. 1-601.1 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. Code, sec. 1-
242(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.
    Sec. 111. 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. 112. 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. 1-1183.3), 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. 113. 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. 114. In the event a sequestration order is issued pursuant to 
the Balanced Budget and Emergency Deficit Control Act of 1985 (99 Stat. 
1037: Public Law 99-177), after the amounts appropriated to the 
District of Columbia for the fiscal year involved have been paid to the 
District of Columbia, the Mayor of the District of Columbia shall pay 
to the Secretary of the Treasury, within 15 days after receipt of a 
request therefor from the Secretary of the Treasury, such amounts as 
are sequestered by the order: Provided, That the sequestration 
percentage specified in the order shall be applied proportionately to 
each of the Federal appropriation accounts in this Act that are not 
specifically exempted from sequestration by such Act.
    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. Code, sec. 1-113(d)).
    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. Code, sec. 36-1401 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. 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. No such Federal, 
private, or other grant may be accepted, obligated, or expended 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 has reviewed and approved the acceptance, 
obligation, and expenditure of such grant, such approval contingent 
upon (A) no written notice of disapproval being filed with the 
Secretary to the Council within 14 calendar days of the receipt of the 
report from the Chief Financial Officer, and no oral notice of 
disapproval is given during a meeting of the Council during such 14 
calendar day period, the report shall be deemed to be approved, and (B) 
should notice of disapproval be given during such initial 14-calendar 
day period, the Council may approve or disapprove the report by 
resolution within 30 calendar days of the initial receipt of the report 
from the Chief Financial Officer, or such report shall be deemed to be 
approved. 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 or in anticipation of the approval or 
receipt of a Federal, private, or other grant not subject to these 
provisions. 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 these 
provisions. 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.
    Sec. 121. No officer or employee of the District of Columbia 
government (including any independent agency of the District but 
excluding the Chief Financial Officer of the District of Columbia, the 
Metropolitan Police Department, and the Office of the Chief Technology 
Officer) may enter into an agreement in excess of $2,500 for the 
procurement of goods or services on behalf of any entity of the 
District government until the officer or employee has conducted an 
analysis of how the procurement of the goods and services involved 
under the applicable regulations and procedures of the District 
government would differ from the procurement of the goods and services 
involved under the Federal supply schedule and other applicable 
regulations and procedures of the General Services Administration, 
including an analysis of any differences in the costs to be incurred 
and the time required to obtain the goods or services.
    Sec. 122. 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. 123. (a) Compliance With Buy American Act.--None of the funds 
made available in this Act may be expended by an entity unless the 
entity agrees that in expending the funds the entity will comply with 
the Buy American Act (41 U.S.C. 10a-10c).
    (b) Sense of the Congress; Requirement Regarding Notice.--
            (1) Purchase of american-made equipment and products.--In 
        the case of any equipment or product that may be authorized to 
        be purchased with financial assistance provided using funds 
        made available in this Act, it is the sense of the Congress 
        that entities receiving the assistance should, in expending the 
        assistance, purchase only American-made equipment and products 
        to the greatest extent practicable.
            (2) Notice to recipients of assistance.--In providing 
        financial assistance using funds made available in this Act, 
        the head of each agency of the Federal or District of Columbia 
        government shall provide to each recipient of the assistance a 
        notice describing the statement made in paragraph (1) by the 
        Congress.
    (c) Prohibition of Contracts With Persons Falsely Labeling Products 
as Made in America.--If it has been finally determined by a court or 
Federal agency that any person intentionally affixed a label bearing a 
``Made in America'' inscription, or any inscription with the same 
meaning, to any product sold in or shipped to the United States that is 
not made in the United States, the person shall be ineligible to 
receive any contract or subcontract made with funds made available in 
this Act, pursuant to the debarment, suspension, and ineligibility 
procedures described in sections 9.400 through 9.409 of title 48, Code 
of Federal Regulations.
    Sec. 124. 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. Code, sec. 1-1182.8(a)(4)); and
            (2) the audit includes 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.
    Sec. 125. None of the Federal 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. 126. No later than November 1, 2001, or within 30 calendar 
days after the date of the enactment of this Act, whichever occurs 
later, 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. Code, sec. 47-301), 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. 127. (a) None of the Federal 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. 128. 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 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. 129. (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. 130. Nothing in this Act may be construed to prevent the 
Council or Mayor of the District of Columbia from addressing the issue 
of the provision of contraceptive coverage by health insurance plans, 
but it is the intent of Congress that any legislation enacted on such 
issue should include a ``conscience clause'' which provides exceptions 
for religious beliefs and moral convictions.

                  prompt payment of appointed counsel

    Sec. 131. (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.
    Sec. 132. 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.

                             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.
            ``(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 one 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. Corporation Counsel Antitrust, Antifraud, Consumer 
Protection Funds. All funds whenever deposited 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. Code 
Sec. 28-4516), 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. Code Sec. 1-1188.20), 
and 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. Code Sec. 28-3911), are 
hereby appropriated 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.
    Sec. 136. 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).
    This Act may be cited as the ``District of Columbia Appropriations 
Act, 2002''.
                                                       Calendar No. 196

107th CONGRESS

  1st Session

                                S. 1543

                          [Report No. 107-85]

_______________________________________________________________________

                                 A BILL

 Making appropriations for the government of the District of Columbia 
    and other activities chargeable in whole or in part against the 
  revenues of said District for the fiscal year ending September 30, 
                     2002, and for other purposes.

_______________________________________________________________________

                            October 15, 2001

                 Read twice and placed on the calendar