[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2809 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 523
107th CONGRESS
  2d Session
                                S. 2809

                          [Report No. 107-225]

 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, 
                     2003, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 26, 2002

   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, 
                     2003, 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 and related agencies for the 
fiscal year ending September 30, 2003, 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 maintain 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 Emergency Planning and Security Costs in the 
                          District of Columbia

    For necessary expenses, as determined by the Mayor of the District 
of Columbia in written consultation with the elected county or city 
officials of surrounding jurisdictions, $15,000,000, to remain 
available until expended, to reimburse the District of Columbia for the 
costs of public safety expenses related to security events in the 
District of Columbia and for the costs of providing support to respond 
to immediate and specific terrorist threats or attacks in the District 
of Columbia or surrounding jurisdictions: Provided, That the Chief 
Financial Officer of the District of Columbia shall provide a report, 
within 15 days of an expenditure, to the President and to the 
Committees on Appropriations of the Senate and the House of 
Representatives, detailing any expenditure of these funds for public 
safety purposes: Provided further, That the Office of Management and 
Budget shall, in consultation with the United States Park Police, the 
National Park Service, the Secret Service, the Federal Bureau of 
Investigation, the United States Protective Service, the Department of 
State, and the General Services Administration, review the National 
Capital Planning Commission study on ``Designing for Security in the 
Nation's Capital'' and report to the Committees on Appropriations of 
the Senate and House of Representatives on the steps these agencies 
will take to improve the appearance of security measures in the 
District of Columbia in accordance with the National Capital Planning 
Commission recommendations, no later than February 5, 2003: Provided 
further, That the report shall include the recommendations of each 
agency.

   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, $15,000,000, for education, security, economic 
development, and health initiatives in the District of Columbia.

           Federal Payment to the District of Columbia Courts

    For salaries and expenses for the District of Columbia Courts, 
$173,193,000, to be allocated as follows: for the District of Columbia 
Court of Appeals, $8,551,000, of which not to exceed $1,500 is for 
official reception and representation expenses; for the District of 
Columbia Superior Court, $81,265,000, of which not to exceed $1,500 is 
for official reception and representation expenses; for the District of 
Columbia Court System, $39,676,000, of which not to exceed $1,500 is 
for official reception and representation expenses; and $42,201,000 for 
capital improvements for District of Columbia courthouse facilities: 
Provided, That these funds are expended consistent with the General 
Services Administration master plan study and building evaluation 
report: Provided further, That $1,500,000, of the funds made available 
under this heading, shall be deposited into a dedicated account in the 
U.S. Treasury and shall remain available until expended, for a program 
to be administered by the District of Columbia Superior Court to 
provide guardians ad litem to abused and neglected children: Provided 
further, That such program shall develop the capacity to improve the 
quality, training and recruitment of guardians ad litem to abused and 
neglected children: Provided further, That such funds, including any 
interest accrued thereon, shall be used to contract with a non-profit 
organization to act as guardians ad litem, provide training, technical 
assistance, and other such services including infrastructure 
development as are necessary to improve the quality of guardian ad 
litem representation to abused and neglected children in the District 
of Columbia Family Court: Provided further, That the non-profit 
organization shall have expertise in the following areas: representing 
children, child welfare, adoption, guardianship, special education and 
domestic violence: Provided further, That the District of Columbia 
Superior Court shall establish a dedicated account in the U.S. Treasury 
for the Guardian ad Litem Program that shall consist of the Federal 
funds appropriated to the Program in this Act and any subsequent 
appropriations, any necessary funds provided under the heading 
``Defender Services in the District of Columbia Courts'', any 
unobligated balances from prior fiscal years, and any interest earned 
in this or any fiscal year: Provided further, That notwithstanding any 
other provision of law, all amounts under this heading shall be 
apportioned quarterly by the Office of Management and Budget and 
obligated and expended in the same manner as funds appropriated for 
salaries and expenses of other Federal agencies, with payroll and 
financial services to be provided on a contractual basis with the 
General Services Administration (GSA), said services to include the 
preparation of monthly financial reports, copies of which shall be 
submitted directly by GSA to the President and to the Committees on 
Appropriations of the Senate and House of Representatives, the 
Committee on Governmental Affairs of the Senate, and the Committee on 
Government Reform of the House of Representatives: Provided further, 
That funds made available for capital improvements may remain available 
until September 30, 2004: Provided further, That 30 days after 
providing written 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 notwithstanding Section 446 of the District of 
Columbia Home Rule Act or any provision of subchapter III of chapter 13 
of title 31, United States Code, the use of interest earned on the 
Federal payment made to the District of Columbia Courts under the 
District of Columbia Appropriations Act, 1998, by the Courts during 
fiscal year 1998 shall not constitute a violation of such Act or such 
subchapter.

            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, or 
pursuant to a contract with a non-profit organization to provide 
guardian ad litem representation, training, technical assistance and 
such other services as are necessary to improve the quality of guardian 
ad litem representation, 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), $37,000,000, 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 $42,201,000 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 $42,201,000 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.

                       Administrative Provisions

    Sec. 1. Payments for Representation of Indigents. (a) Services of 
Counsel.--Section 11-2604, District of Columbia Code, is amended in 
subsection (a), by striking ``$65'' and inserting ``$75''.
    (b) Effective Date.--The amendment made by this provision shall 
apply with respect to cases and proceedings initiated on or after 
October 1, 2002.
    (c) The hourly rate paid to attorneys representing indigent 
defendants in the District of Columbia, subject to Section 11-2604 and 
Section 16-2326.01(b) of the District of Columbia Code shall be $90 per 
hour, effective October 1, 2003.
    Sec. 2. Inclusion of Court Employees in Long Term Care Program. (a) 
Section 9001(1) of Title 5, United States Code, is amended by adding 
before the period ``(other than an employee of the District of Columbia 
Courts)''.
    (b) Section 11-1726, District of Columbia Code, is amended as 
follows:
            (1) in subsection (b)(1), by adding at the end: ``(F) 
        Chapter 90 (relating to long-term care insurance).''.
            (2) in subsection (c)(1), by adding at the end: ``(D) 
        Chapter 90 (relating to long-term care insurance).''.
    Sec. 3. Crime Victims Compensation Fund. All funds from the Crime 
Victims Compensation Fund, established by section 16 of the Victims of 
Violent Crime Compensation Act of 1996, effective April 9, 1997 (D.C. 
Law 11-243; D.C. Official Code, sec. 4-514) (``Compensation Act''), 
that are designated for outreach activities pursuant to section 
16(d)(2) of the Compensation Act shall be deposited in the Crime 
Victims Assistance Fund, established by section 16a of the Compensation 
Act, for the purpose of outreach activities, and shall remain available 
until expended.
    Sec. 4. Transfer of Fines. Notwithstanding any other law, the 
District of Columbia Courts shall transfer to the D.C. Treasury all 
fines levied and collected by the Courts in cases charging Driving 
Under the Influence and Driving While Impaired. The transferred funds 
shall remain available until expended and shall be used by the Office 
of the Corporation Counsel, for enforcement and prosecution of District 
traffic alcohol laws in accordance with section 10(b)(3) of the 
District of Columbia Traffic Control Act, approved March 3, 1925 (43 
Stat. 1124; D.C. Official Code, sec. 50-2201.05(b)(3)).
    Sec. 5. Transfer to Child and Family Services Agency. Of the amount 
appropriated as a Federal payment to the District of Columbia Courts in 
the Fiscal Year 2002 District of Columbia Appropriations Act (Public 
Law 107-96; 115 Stat. 927) that remain available through September 30, 
2003, $560,000 are hereby transferred to the District of Columbia Child 
and Family Services Agency for child abuse services.

 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), $154,707,000 of which not to exceed $2,000 is 
for official receptions related to offender and defendant support 
programs; of which $95,682,000 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; $23,070,000 
shall be transferred to the Public Defender Service; and $35,955,000 
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 for this purpose in 
Public Law 107-96: 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, $5,000,000 for capital and equipment 
improvements.

          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 the Department of Transportation

     For a Federal Payment to the Department of Transportation in the 
District of Columbia, $1,000,000: Provided, That such funds will be 
used to implement Transportation Systems Management initiatives and 
strategies recommended in the October 2001 report by the Interagency 
Task Force of the National Capital Planning Commission in coordination 
with the National Capital Planning Commission.

Federal Payment for Anacostia Waterfront Initiative in the District of 
                                Columbia

    For a Federal payment to the District of Columbia for 
implementation of the Anacostia Waterfront Initiative, $58,000,000, to 
remain available until expended, of which $50,000,000 shall be for the 
District of Columbia Water and Sewer Authority for the Combined Sewer 
Overflow Long-Term Control Plan, to be used for system design and 
upgrades: Provided, That the District of Columbia Water and Sewer 
Authority provides a 100 percent match for the fiscal year 2003 Federal 
contribution of $50,000,000 to begin implementing the multi-year Long-
Term Control Plan: Provided further, That $8,000,000 of the funds made 
available under this heading, shall be for environmental and 
infrastructure costs related to development of parks and recreation 
facilities on the Anacostia River.

         Federal Payment for Capital Infrastructure Development

    For a Federal payment to the District of Columbia for improvement 
of city-wide capital infrastructure, $15,100,000, of which $10,000,000 
shall be for construction of interoperable communications 
infrastructure in the Unified Communications Center; $100,000 shall be 
for capital improvements of Eastern Market; and $5,000,000 shall be to 
begin the design and construction of a state-of-the-art forensics 
laboratory.

    Federal Payment to the District of Columbia for Family Literacy

    For a Federal payment to the District of Columbia, $4,000,000, 
shall be for the Family Literacy Program to address the needs of 
literacy-challenged parents while endowing their children with an 
appreciation for literacy and strengthening familial ties.

    Federal Payment to the District of Columbia for Charter School 
                               Facilities

    For a Federal Payment to the District of Columbia for development 
of Charter School facilities, $20,000,000, to remain available until 
expended, to be allocated as follows:
            (1) Administration and support.--$1,000,000 for 
        administration and contracting costs of the Office of Charter 
        School Financing and Support to administer the Credit 
        Enhancement Fund for Public Charter Schools, the Direct Loan 
        Program, and other public charter school financing programs and 
        support services as requested by the Mayor and Council of the 
        District of Columbia.
            (2) Credit enhancement fund for public charter schools.--
        $5,000,000 to be deposited in, and administered through, the 
        credit enhancement revolving fund established under section 
        603(e) of the Student Loan Marketing Association Reorganization 
        Act of 1996 (Public Law 104-208; 110 Stat. 3009-293), as 
        amended by the Fiscal Year 2002 District of Columbia 
        Appropriations Act (Public Law 107-96; 115 Stat. 936) and this 
        Act.
            (3) Direct loan fund for charter school improvement.--
        $10,000,000 for a Direct Loan Fund for Charter School 
        Improvement, to be administered by the Office of Charter School 
        Financing and Support: Provided, That loans distributed to 
        charter schools from these funds shall not exceed $2,000,000 
        per charter school.
            (4) Per pupil allocation.--$4,000,000 shall be used by the 
        District of Columbia to supplement the per pupil facilities 
        allocation to public charter schools in fiscal year 2003: 
        Provided, That the per pupil facilities allocation to public 
        charter schools shall not be less than $1,500.

                       Administrative Provisions

    Sec. 6. Charter School Development. Section 603(e) of the Student 
Loan Marketing Association Reorganization Act of 1996 (Public Law 104-
208; 110 Stat. 3009-293), as amended by section 153 of the District of 
Columbia Appropriations Act, 2000, is amended by inserting the 
following new paragraphs--
            ``(3) Office of charter school financing and support.--
                    ``(A) Establishment.--There is established within 
                the District of Columbia, under the authority of the 
                Department of Banking and Financial Institutions, an 
                Office of Public Charter School Financing and Support.
                    ``(B) Functions.--The office shall have the 
                following three functions--
                            ``(i) Credit enhancement fund.--To 
                        administer the Credit Enhancement Fund for 
                        Public Charter Schools.
                            ``(ii) Direct loan program.--To administer 
                        the Direct Loan Program.
                            ``(iii) Other.--To develop, implement and 
                        provide oversight for other public charter 
                        school financing programs and support services 
                        as requested by the Mayor and the Council of 
                        the District of Columbia.
                    ``(C) Contract authority.--The functions described 
                in sections (1), (2) and (3) may be provided by the 
                Office of Public Charter School Financing and Support 
                or under contract with a qualified provider.
            ``(4) Credit enhancement fund for public charter schools.--
                    ``(A) Administration of program.--The Credit 
                Enhancement Fund for Charter Schools shall be 
                administered by the Office of Charter School Financing 
                and Support.
                    ``(B) Distribution of amounts.--Of the amounts in 
                the credit enhancement fund established under paragraph 
                (2)(B)--
                            ``(i) 50 percent shall be used to make 
                        grants under subparagraph (B); and
                            ``(ii) 50 percent shall be used to make 
                        grants under subparagraph (C).
            ``(5) Direct loan fund for charter school improvement.--
                    ``(A) Establishment.--There is established a Direct 
                Loan Fund for Charter School Improvement.
                    ``(B) Administration of program.--The Direct Loan 
                Fund for Charter School Improvement shall be 
                administered by the Office of Charter School Financing 
                and Support.
                    ``(C) Use of funds.--Funds distributed under this 
                paragraph shall be for construction, purchase, 
                renovation, and maintenance of charter school 
                facilities.
                    ``(D) Amount of loans.--Loans distributed under 
                this paragraph shall not exceed $2,000,000 per charter 
                school.
                    ``(E) Interest and terms.--The Office of Charter 
                School Financing and Support shall determine what 
                interest rates and terms apply to loans granted under 
                this part. In determining the rates and terms of a loan 
                granted to a charter school, the Office of Charter 
                School Financing and Support should do its best to 
                provide low interest options and flexible terms.
                    ``(F) Eligible entity.--To be eligible for a loan 
                under this paragraph, an applicant shall be--
                            ``(i) A public charter school approved 
                        pursuant to the School Reform Act by the 
                        Chartering Authority of the District of 
                        Columbia.
                            ``(ii) Meeting or exceeding its performance 
                        goals as outlined in its originating charter.
                    ``(G) Use of per pupil facilities allowance in 
                repayment of loans.--In repaying a loan granted under 
                this paragraph, a debtor may use facility maintenance 
                funds granted to them by the District of Columbia 
                Public Schools.''.
    Sec. 7. Report to Congress. No later than April 1, 2003, the 
Comptroller General of the General Accounting Office shall prepare and 
submit to the Committees on Appropriations of the Senate and the House 
of Representatives, a detailed analysis of the national effort to 
establish adequate charter school facilities including a comparison to 
the efforts in the District of Columbia: Provided, That such report 
shall include recommendations for establishing interim facilities from 
which new charter schools can begin and remain in operation until the 
charter schools can acquire permanent facilities, but not more than 
four years: Provided further, That the report shall examine the 
technical assistance to charter school administrators necessary to 
acquire permanent facilities once tenure in an interim facility has 
concluded: Provided further, That in preparation of this report, the 
General Accounting Office shall consult with the General Services 
Administration, as well as experts with knowledge of the District of 
Columbia in the following specific areas: real estate development, 
charter school management, equity development and management, banking, 
municipal finance, and education: Provided further, That the General 
Accounting Office shall also consult with District of Columbia 
officials and charter school experts including, the Mayor, members of 
the Council, the Chief Financial Officer, the Superintendent of the 
District of Columbia Public Schools, the President of the District of 
Columbia Board of Education, the District of Columbia Public Charter 
School Board, and the District of Columbia Charter School Consortium: 
Provided further, That the Mayor of the District of Columbia and the 
Chairman of the Council of the District of Columbia shall develop, in 
consultation with the Chief Financial Officer of the District of 
Columbia, the Superintendent of the District of Columbia Public 
Schools, the President of the District of Columbia Board of Education, 
the District of Columbia Public Charter School Board, and the District 
of Columbia Charter School Consortium, as well as representatives of 
parents, advocacy groups and the private sector, a plan for 
establishing such interim facilities for charter schools in the 
District of Columbia: Provided further, That such plan shall include a 
response to recommendations set forth by the General Accounting Office 
report and a proposed time line for implementation of the plan: 
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 six months from the time the General 
Accounting Office report is received by the Government of the District 
of Columbia.
    Sec. 8. Surplus Buildings. The Mayor of the District of Columbia 
and the Chairman of the Council of the District of Columbia, in 
consultation with the General Services Administration, shall conduct an 
assessment of all buildings currently held in surplus and those that 
might be made available within one year of the date of enactment of 
this Act: Provided, That such assessment include a survey of the space 
available, a listing of appropriate uses, a listing of potential 
occupants, and the renovations or construction necessary to accommodate 
proposed uses: Provided further, That within 180 days of enactment, the 
Mayor shall report to the Committees on Appropriations of the Senate 
and the House of Representatives the findings of such assessment along 
with a plan for occupying at least 50 percent of the space available at 
the time such report is submitted: Provided further, That assignments 
of space included in this plan shall be in compliance with preferences 
outlined in the D.C. School Reform Act.
    Sec. 9. Closure of Low Performing Charter Schools. The Mayor of the 
District of Columbia and the Chairman of the Council of the District of 
Columbia shall report to the Committees on Appropriations of the Senate 
and the House of Representatives no later than August 26, 2002, 
detailing the actions taken to close poor performing charter schools in 
the District of Columbia: Provided, That such report shall detail the 
reasons necessitating the closure of such poor performing charter 
schools, the process, steps taken in effecting that closure and the 
delay, if any, in such closure.
    Sec. 10. Incentives to Promote the Adoption of Children. The Mayor 
of the District of Columbia, in administering funds provided under the 
heading ``Federal Payment for Incentives for Adoption of Children'' in 
Public Law 106-113 (113 Stat. 1501), approved November 29, 1999, as 
modified by Public Law 107-96 (115 Stat. 924), approved December 21, 
2001, shall establish and fulfill the following performance measures 
within nine months of the date of enactment of this Act: (i) the Chief 
Financial Officer of the District of Columbia shall certify that not 
less than 50 percent of the funds provided for attorney fees and home 
studies have been expended; (ii) the Mayor shall establish an outreach 
program to inform adoptive families and children without parents about 
the scholarship fund established with these funds; (iii) the Mayor 
shall establish the location, necessary personnel and mission of the 
adoptive family resource center in the District of Columbia; (iv) the 
Mayor shall identify not less than 25 percent of the eligible children 
in the District of Columbia foster care system with special needs and 
obligate not less than 25 percent of the funds provided in Public Law 
106-113 (113 Stat. 1501) for adoption incentives and support for 
children with special needs: Provided, That the Mayor of the District 
of Columbia and the Chairman of the Council of the District of Columbia 
shall provide quarterly reports beginning on the date of enactment of 
this Act to the Committees on Appropriations of the Senate and the 
House of Representatives, detailing the expenditure of funds provided 
for the promotion of adoption and performance in actually promoting 
adoption; and (v) the Mayor and Child and Family Services Agency of the 
District of Columbia shall increase the number of waiting children 
listed in the Child and Family Services Agency of the District of 
Columbia adoption photo-listing by 75 percent.
    Sec. 11. Special Education Accountability. The Chief Financial 
Officer of the District of Columbia shall require attorneys in special 
education cases brought under the Individuals with Disabilities Act 
(IDEA) in the District of Columbia to certify in writing that the 
attorney or representative rendered any and all services for which they 
receive awards, including those received under a settlement agreement 
or as part of an administrative proceeding, under the IDEA from the 
District of Columbia: Provided, That as part of the certification, the 
Chief Financial Officer of the District of Columbia require all 
attorneys in IDEA cases to disclose any financial, corporate, legal, 
memberships on boards of directors, or other relationships with any 
special education diagnostic services, schools, or other special 
education service providers to which the attorneys have referred any 
clients as part of this certification: Provided further, That the Chief 
Financial Officer shall prepare and submit quarterly reports to the 
Committees on Appropriations of the Senate and the House of 
Representatives on the certification of and the amount paid by the 
government of the District of Columbia, including the District of 
Columbia Public Schools, to attorneys in cases brought under IDEA: 
Provided further, That the Inspector General of the District of 
Columbia may conduct investigations to determine the accuracy of the 
certifications.

                       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 2003 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 $7,419,886,780 (of which 
$3,783,948,000 shall be from local funds, $1,824,578,000 shall be from 
Federal funds, and $879,813,000 shall be from private and other funds) 
and $156,121,000 from intra-District 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 2003, 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, $295,136,000 (including 
$225,234,000 from local funds, $51,554,000 from Federal funds, and 
$18,348,000 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, and $2,500 for the Office of 
the Chief Financial Officer: 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 of all 
funds in the District of Columbia Antitrust Fund established pursuant 
to section 2 of the District of Columbia Antitrust Act of 1980, 
effective March 5, 1981 (D.C. Law 3-169; D.C. Official Code Sec. 28-
4516), an amount not to exceed $500,000, 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 
$100,000, 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, effective October 19, 
2000 (D.C. Law 13-172; D.C. Official Code Sec. 28-3911), an amount not 
to exceed $910,000, are hereby made available for the use of the Office 
of the Corporation Counsel of the District of Columbia until September 
30, 2004, in accordance with the statutes that established these funds: 
Provided further, That $15,000,000, from funds appropriated earlier in 
this Act as a Federal Payment to the Chief Financial Officer of the 
District of Columbia, shall be administered by the Chief Financial 
Officer for education, security, economic development, and health 
initiatives in the District of Columbia.

                  Economic Development and Regulation

    Economic development and regulation, $258,539,000 (including 
$64,553,000 from local funds, $97,796,000 from Federal funds, and 
$96,190,000 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 $725,400, of which no amount may be 
expended for administrative expenses, shall be available to Department 
of Employment Services when the Council Committee on Public Services 
approves a spending plan prepared and submitted, by the agency, to the 
Committee on Public Services for its approval.

                       Public Safety and Justice

    Public safety and justice, $639,892,000 (including $620,039,000 
from local funds, $11,329,000 from Federal funds, and $8,524,000 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 not less than $240,000 shall 
be for the Corrections Information Council, established by section 
11201(g) of the National Capital Revitalization and Self-Government 
Improvement Act of 1997, approved August 5, 1997 (111 Stat. 736; D.C. 
Official Code, sec. 24-101(h)), to support its operations and perform 
its duties; not less than $169,000 shall be for the Criminal Justice 
Coordinating Council, established by the Criminal Justice Coordinating 
Council for the District of Columbia Establishment Act of 2001, 
effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code, sec. 22-
4231 et seq.), to support its operations and perform its duties: 
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

                     (including transfer of funds)

    Public education system, including the development of national 
defense education programs, $1,220,201,000 (including $980,206,000 from 
local funds, $208,870,000 from Federal funds, $31,525,000 from other 
funds), and an additional amount, not to exceed $27,000,000, which may 
be transferred from the Medicaid and Special Education Reform Fund, 
established by the Medicaid and Special Education Reform Fund 
Establishment Act of 2002, approved by the Council of the District of 
Columbia on 1st reading on May 7, 2002 (Bill 14-609): to be allocated 
as follows:
            (1) Public schools for the district of columbia.--
        $903,157,000 (including $743,715,000 from local funds, 
        $147,800,000 from Federal funds, $11,642,000 from other funds, 
        for the public schools of the District of Columbia), and an 
        additional amount, not to exceed $27,000,000 in local funds, 
        which may be transferred from the Medicaid and Special 
        Education Reform Fund, established by the Medicaid and Special 
        Education Reform Fund Establishment Act of 2002, approved by 
        the Council of the District of Columbia on 1st reading on May 
        7, 2002 (Bill 14-609): Provided, 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 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 2003 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 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, 2003, 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 2004 (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, 2004: Provided 
        further, That the District of Columbia Public Schools shall not 
        spend less than $496,000,000 in the ``Schools'' responsibility 
        centers, including 5100 (Elementary Schools), 6300 (Middle/
        Junior High Schools), 7100 (Senior High Schools), and 7700 
        (Charter and Private Schools): Provided further, That 
        $16,800,000 shall be for negotiated teacher wage increases.
            (2) The state education office.--$49,687,000 (including 
        $22,594,000 from local funds, $26,917,000 from Federal funds, 
        $176,000 from other funds), shall be available for the State 
        Education Office: Provided, That of the amounts provided to the 
        State Education Office, $500,000 from local funds shall remain 
        available until June 30, 2004 for an audit of the student 
        enrollment of each District of Columbia Public School and of 
        each public charter school.
            (3) The district of columbia public charter schools.--
        $132,865,000 from local funds shall be available 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 in accordance with the School Reform Act of 1995 
        (Public Law 105-100, sec. 172; D.C. Official Code, sec. 38-
        1804.03(b)(2)): Provided further, That of the amounts made 
        available to public charter schools, $25,000 shall be made 
        available to the Office of the Chief Financial Officer as 
        authorized by D.C. Official Code, sec. 38-1804.03(b)(6): 
        Provided further, That $589,000 of this amount shall be 
        available to the District of Columbia Public Charter School 
        Board for administrative costs: 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, 2003, 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 
        2004 (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, 
        2004.
            (4) The university of the district of columbia.--
        $83,990,000 (including $52,272,000 from local funds, 
        $12,668,000 from Federal funds, and $19,050,000 from other 
        funds) shall be available for the University of the District of 
        Columbia: Provided, 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, 2003, 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 the amounts otherwise 
        provided under this heading or any other provision of law, 
        there shall be appropriated to the University of the District 
        of Columbia on July 1, 2003, an amount equal to 10 percent of 
        the total amount provided for the University of the District of 
        Columbia in the proposed budget of the District of Columbia for 
        fiscal year 2004 (as submitted to Congress), and the amount of 
        such payment shall be chargeable against the final amount 
        provided for the University of the District of Columbia under 
        the District of Columbia Appropriations Act, 2004: Provided 
        further, That not to exceed $2,500 for the President of the 
        University of the District of Columbia shall be available from 
        this appropriation for official purposes.
            (5) The district of columbia public library.--$28,150,000 
        (including $27,003,000 from local funds, $610,000 from Federal 
        funds and $537,000 other funds) shall be available for the 
        Public Library: Provided, That not to exceed $2,000 for the 
        Public Librarian shall be available from this appropriation for 
        official purposes.
            (6) The commission on the arts and humanities.--$2,352,000 
        (including $1,757,000 from local funds, $475,000 from Federal 
        funds and $120,000 from other funds) shall be available for the 
        Commission on the Arts and Humanities.
            (7) Charter school facilities.--$20,000,000, from funds 
        appropriated earlier in this Act as a Federal Payment, to 
        remain available until expended, for development of Charter 
        School facilities in the District of Columbia.

                        Administrative Provision

    Sec. 12. Charter School Fund. The School Reform Act of 1995, 
approved November 19, 1997 (Public Law 105-100, sec. 172; 111 Stat. 
2191; D.C. Official Code, sec. 38-1804.03(b)), is amended to read as 
follows:
    ``(b) Payments to Charter Schools.--
            ``(1) Establishment of fund.--The fund previously 
        established in the general fund of the District of Columbia 
        known as the `New Charter School Fund' shall now be known as 
        the `Charter School Fund'.
            ``(2) Contents of fund.--The Charter School Fund shall 
        consist of:
                    ``(A) unexpended and unobligated amounts 
                appropriated from local funds for public charter 
                schools for each fiscal year that reverted to the 
                general fund of the District of Columbia: Provided, 
                That the amount of funds deposited shall not be an 
                amount greater than is necessary to reach a balance of 
                $10,000,000 from the fiscal year 2002 appropriation, 
                and $5,000,000 from fiscal year 2003 and succeeding 
                years appropriation; and
                    ``(B) any interest earned on such amounts, to carry 
                out the purposes described in paragraph (3) of this 
                subsection.
            ``(3) Purposes of fund.--The Charter School Fund shall be 
        used to carry out the activities to assist public charter 
        schools in the District of Columbia in providing funding in 
        such cases where the total audited enrollment, including 
        enrollment in special needs categories, exceeds that of the 
        student enrollment on which the annual appropriation is based 
        in that fiscal year.
            ``(4) Expenditures from fund.--
                    ``(A) Expenditures from the fund for enrollment in 
                excess of annual public charter school projections.--
                Funds shall be available from the Charter School Fund 
                for any public charter school operating in that fiscal 
                year, in such cases where the total audited enrollment, 
                including enrollment in special needs categories, 
                exceeds that of the student enrollment on which the 
                annual appropriation is based in that fiscal year.
                    ``(B) Form of payment.--Payments under this 
                subsection shall be made by electronic funds transfer 
                from the Charter School Fund to a bank designated by a 
                public charter school.
            ``(5) Authorization of appropriations.--There are 
        authorized to be appropriated to the Chief Financial Officer of 
        the District of Columbia such sums as may be necessary to carry 
        out the purposes of this subsection for each fiscal year.''.

                         Human Support Services

                     (including transfer of funds)

    Human support services, $2,500,297,000 (including $1,069,630,000 
from local funds, $1,377,680,000 from Federal funds, and $52,987,000 
from other funds): Provided, That an additional amount of $23,867,000 
from funds appropriated in this Act under the heading ``Tobacco 
Settlement Trust Fund Transfer Payment'', which may be transferred from 
the Medicaid and Special Education Reform Fund, established by the 
Medicaid and Special Education Reform Fund Establishment Act of 2002, 
approved by the Council of the District of Columbia on 1st reading on 
May 7, 2002 (Bill 14-609), of which, not to exceed, $7,072,000 for 
Child and Family Services, $5,795,000 for the Department of Human 
Services, and $1,000,000 for the Department of Health: Provided 
further, That $49,867,000, to remain available until expended, shall be 
deposited in the Medicaid and Special Education Reform Fund for the 
purpose of ensuring there are adequate resources available to support 
Medicaid costs and revenue shortfalls: Provided further, That 
$27,959,000, to remain available until expended, shall be available 
solely for District of Columbia employees' disability compensation: 
Provided further, That $7,000,000, 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 exclusively 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. Law 13-146; D.C. Official Code, sec. 7-3003): Provided 
further, That no less than $2,000,000 shall be available exclusively 
for the purpose of funding the pilot substance abuse program for youths 
16 through 21 years of age established by section 4212 of the Pilot 
Substance Abuse Program for Youth Act of 2001, effective October 3, 
2001 (D.C. Law 14-28; D.C. Official Code, sec. 7-3101): Provided 
further, That $7,309,000 of this appropriation, to remain available 
until expended, shall be deposited in the Interim Disability Assistance 
Fund to be used exclusively for the Interim Disability Assistance 
program established by section 201 of the District of Columbia Public 
Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4-101; D.C. 
Official Code, sec. 4-202.01), and the purposes for that program set 
forth in section 407 of the District of Columbia Public Assistance Act 
of 1982, effective April 3, 2001 (D.C. Law 13-252; D.C. Official Code, 
sec. 4-204.07): Provided further, That no less than $500,000 shall be 
available exclusively for the Mobile Crisis Intervention Program for 
Kids: Provided further, That the paragraph under the heading ``Human 
Support Services'' in Public Law 107-96, approved December 21, 2001, is 
amended to add the following: ``: Provided further, That $2,468,000 
shall remain available until expended for Interim Disability 
Assistance'': Provided further, That $4,000,000, from funds previously 
appropriated in this Act as a Federal Payment for Family Literacy, 
shall be used for the Family Literacy Program in the District of 
Columbia.

                              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, $324,828,000 (including $309,834,000 from local 
funds, $4,669,000 from Federal funds, and $10,325,000 from other 
funds): Provided, That this appropriation shall not be available for 
collecting ashes or miscellaneous refuse from hotels and places of 
business.

                         Workforce Investments

    For workforce investments, $54,186,000 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 2002 
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, $70,000,000 from local funds.

                Emergency and Contingency Reserve Funds

    For the Emergency and Contingency Reserve Funds established under 
section 450A(b) of the District of Columbia Home Rule Act (Public Law 
93-198; D.C. Official Code, sec. 1-204.50a(b)), the Mayor may deposit 
from local funds the proceeds required to maintain balance requirements 
pursuant to section 159(a) of Public Law 106-522 and section 404(c) of 
Public Law 106-554.

                    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), $267,451,000 from 
local funds: Provided, 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.

                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, $1,000,000 from 
local funds.

                            Wilson Building

    For expenses associated with the John A. Wilson Building, 
$4,194,000 from local funds.

                        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.

                     Certificates of Participation

    For principal and interest payments on the District's Certificates 
of Participation, issued to finance the ground lease underlying the 
building located at One Judiciary Square $7,950,000 from local funds.

                       Settlements and Judgments

    For making refunds and for the payment of legal settlements or 
judgments that have been entered against the District of Columbia 
government $22,822,000: Provided, That this appropriation shall not be 
construed as modifying or affecting the provisions of section 103 of 
this Act.

             Tobacco Settlement Trust Fund Transfer Payment

    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 Amendment Act of 2000, effective October 20, 1999 (D.C. Law 13-38; 
D.C. Official Code sec. 7-1811.01 et. seq), there is transferred the 
amount available pursuant thereto, but not to exceed $50,867,000 to the 
Tobacco Settlement Trust Fund established pursuant to section 2302 of 
the Tobacco Settlement Trust Fund Establishment Act of 1999 (D.C. 
Official Code, sec. 7-1811.01) and the Tobacco Settlement Financing Act 
of 2000, effective October 19, 2000 (D.C. Law 13-172; D.C. Official 
Code, sec. 7-1831.03 et seq.): Provided, That no more than $27,000,000 
is authorized to be transferred to the Public Education System: 
Provided further, That no more than $23,867,000 is authorized to be 
transferred to Human Support Services: Provided further, that 
$50,867,000 shall remain available until expended: Provided further, 
That such transfers are subject to local law.

                         Emergency Preparedness

    For necessary expenses, as determined by the Mayor of the District 
of Columbia in written consultation with the elected county or city 
officials of surrounding jurisdictions, $15,000,000, from funds 
appropriated earlier in this Act as a Federal Payment, to remain 
available until expended, to reimburse the District of Columbia for the 
costs of public safety expenses related to security events in the 
District of Columbia and for the costs of providing support to respond 
to immediate and specific terrorist threats or attacks in the District 
of Columbia or surrounding jurisdictions: Provided, That the Chief 
Financial Officer of the District of Columbia shall provide a report, 
within 15 days of an expenditure, to the President and to the 
Committees on Appropriations of the Senate and the House of 
Representatives, detailing any expenditure of these funds for public 
safety purposes.

                         Pay-as-You-Go Capital

    For Pay-As-You-Go Capital funds in lieu of capital financing, 
$16,750,000, to be transferred to the Capital Fund, subject to the 
``Criteria for Spending Pay-as-You-Go Funding Amendment Act of 2002, 
approved by the Council of the District of Columbia on 1st reading, May 
7, 2002 (Title 34 of Bill 14-609). Pursuant to that Act, there are 
authorized to be transferred from Pay-As-You-Go Capital funds to other 
headings of this Act, as necessary to carry out the purposes of that 
Act.

                   Capital Infrastructure Development

    For improvement of city-wide capital infrastructure in the District 
of Columbia, $15,100,000, from funds appropriated earlier in this Act 
as a Federal payment, of which $10,000,000 shall be for construction of 
interoperable communications infrastructure in the Unified 
Communications Center; $100,000 shall be for capital improvements of 
Eastern Market; $5,000,000 shall be to begin the design and 
construction of a state-of-the-art forensics laboratory.

                       Administrative Provisions

    Sec. 13. Unrestricted Fund Balance. (a) The amount appropriated by 
this Act may be increased by funds as identified in the comprehensive 
annual financial report for fiscal year 2003 as the District of 
Columbia's unrestricted fund balance.
    (b) Conditions on Use.--The District of Columbia may obligate or 
expend these amounts only in accordance with the following conditions:
            (1) Purpose.--The District of Columbia may only use these 
        funds for the following expenditures:
                    (A) Unanticipated one-time expenditures;
                    (B) To address potential deficits;
                    (C) Debt Reduction; and
                    (D) Unanticipated Program needs.
            (2) Certification by the chief financial officer.--The 
        Chief Financial Officer of the District of Columbia shall 
        certify that:
                    (A) The use of the amounts is not anticipated to 
                have a negative impact on the District of Columbia's 
                long-term financial, fiscal, and economic vitality.
                    (B) That the amounts are available and that use of 
                the funds is not anticipated to cause the need for 
                short-term borrowing within the current fiscal year.
                    (C) Such funds are either being used to address 
                potential deficits or are not required to address 
                potential deficits.
            (3) Local law.--The amounts shall be obligated or expended 
        in accordance with laws enacted by the Council in support of 
        each such obligation or expenditure.
            (4) Receivership.--The amounts may not be used to fund the 
        agencies of the District of Columbia government under court 
        ordered receivership.
            (5) Notice requirement.--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.
            (6) Availability of funds.--Funds shall remain available 
        until expended.
    (c) Preparation of Future Year Budgets.--Section 103 of the 
District of Columbia Home Rule Act, approved December 24, 1973 (Public 
Law 93-198; D.C. Official Code, sec. 1-201.03), is amended as follows:
            (1) Paragraph (14) is amended to read as follows:
            ``(14) The term `resources' means revenues, balances, fund 
        balance, enterprise or other revolving funds, and funds 
        realized from borrowing.''.
            (2) A new paragraph (16) is added to read as follows:
            ``(16) The term `fund balance' means an amount from the 
        funds identified in the comprehensive annual financial report 
        as the District of Columbia's unrestricted fund balance, such 
        amount to be no greater than the amount the Chief Financial 
        Officer of the District of Columbia certifies as not 
        anticipated to have a negative impact on the District of 
        Columbia's long-term financial, fiscal, and economic vitality, 
        and that the use of the funds is not anticipated to cause the 
        need for short-term borrowing within the fiscal year.''.
    Sec. 14. Fifty Modified Calendar Day Budget Review Period. Section 
446 of Part D of Title IV of the District of Columbia Home Rule Act, 
approved December 24, 1973 (87 Stat. 777; D.C. Official Code, sec. 1-
204.46), is amended by striking the phrase ``within 50 calendar days'' 
and inserting the phrase ``within 50 calendar days, excluding days of 
Council recess,'' in its place.
    Sec. 15. Charter School Fund Transfer. Notwithstanding any other 
provision of law, $5,000,000 from the New Charter School Fund (renamed 
by this Act, ``Charter School Fund''), established pursuant to the 
School Reform Act of 1995 (Public Law 105-100, sec. 172; 111 Stat. 
2191, 2192, 2193; D.C. Official Code, sec. 38-1804.03(b)), shall be 
deposited, not later than January 1, 2003, into the credit enhancement 
revolving fund, established pursuant to the Student Loan Marketing 
Association Reorganization Act of 1996 (Public Law 104-208; 110 Stat. 
3009-293, as amended by Public Law 107-96, Fsical Year 2002 District of 
Columbia Appropriations Act).
    Sec. 16. Office of Inspector General Residency. Section 906 of the 
District of Columbia Government Comprehensive Merit Personnel Act of 
1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code, sec. 
1-609.06), is amended by adding a new subsection (i) to read as 
follows:
                            ``(i)(1) The Office of Personnel shall have 
                        the authority to grant to employees of the 
                        Office of the Inspector General waivers of the 
                        requirements of subsections (a) and (b) of this 
                        section for positions and new hires in the 
                        Office of the Inspector General when those 
                        positions or hires present exceptional 
                        circumstances for appointees or hires in hard 
                        to fill positions.
                            ``(2) In order to receive a waiver of 
                        subsections (a) and (b) of this section for new 
                        hires, the Office of the Inspector General 
                        shall demonstrate that the position to be 
                        filled and the circumstances of the prospective 
                        new hire meet the requirements of `hard to fill 
                        position' or `exceptional circumstances' as 
                        defined by paragraph (3) of this section.
                            ``(3) For the purposes of this subsection, 
                        the term:
                                    ``(A) `Exceptional circumstances' 
                                means conditions or facts that are 
                                uncommon, deviate from or do not 
                                conform to the norm, or are beyond the 
                                willful control of the prospective new 
                                hire, which are presented to the 
                                personnel authority by the Inspector 
                                General when seeking to hire an 
                                individual to fill a position in the 
                                Excepted or Executive Service, and 
                                which conditions or facts shall be 
                                considered by the personnel authority 
                                in determining the reasonableness of 
                                granting a waiver of the domicile 
                                requirement pursuant to Sec. Sec. 906 
                                and 1059 of the District of Columbia 
                                Comprehensive Merit Personnel Act of 
                                1978, effective March 3, 1979 (D.C. Law 
                                2-139; D.C. Official Code, sec. 1-
                                601.01 et seq.); and
                                    ``(B) `Hard to fill position' means 
                                a position so designated by the 
                                personnel authority on the basis of 
                                demonstrated recruitment and retention 
                                problems inherent in the position due 
                                to the uniqueness of the duties and 
                                responsibilities and the unusual 
                                combination of highly specialized 
                                qualification requirements for the 
                                position.''.
    Sec. 17. Reprogramming During Fiscal Year That is not a Control 
Year. Section 47-363(a-1) of the District of Columbia Official Code is 
amended by adding new paragraphs (3), (4), and (5) to read as follows:
            ``(3)(A) After the adoption of the annual budget for a 
        fiscal year that is not a control year, no reprogramming of 
        amounts in the budget may occur unless:
                    ``(i) The Mayor submits a request for such 
                reprogramming to the Chief Financial Officer of the 
                District of Columbia;
                    ``(ii) The Chief Financial Officer transmits to the 
                Council a statement certifying the availability of the 
                funds for such reprogramming and containing an analysis 
                of the effect of the proposed reprogramming on the 
                financial plan and budget for the fiscal year; and
                    ``(iii) The Council approves the request after 
                receiving the statement described in sub-subparagraph 
                (ii) of this subparagraph from the Chief Financial 
                Officer.
            ``(B) If the Chief Financial Officer does not transmit to 
        the Council the statement described in subparagraph (A)(ii) of 
        this paragraph during the 15-day period, which begins on the 
        date the Chief Financial Officer receives the request for 
        reprogramming from the Mayor, the Chief Financial Officer shall 
        be deemed to have transmitted the statement to the Council. 
        With written notice to the Mayor and Council, the Chief 
        Financial Officer may extend the time period to transmit the 
        statement and analysis to the Council, not to exceed 10 
        additional days.
            ``(4) After the adoption of the annual budget for a fiscal 
        year that is a non-control year, no reprogramming of amounts in 
        the budget may occur unless the Mayor submits to the Council a 
        request for such reprogramming and the Council approves the 
        request, but only if any additional expenditures provided under 
        such request for an activity are offset by reductions in 
        expenditures for another activity.
            ``(5) For the purposes of this subsection, the term control 
        year has the meaning given such term in section 305(4) of the 
        District of Columbia Financial Responsibility and Management 
        Assistance Act of 1995, approved April 17, 1995 (109 Stat. 152; 
        D.C. Official Code, sec. 47-393(4)).''.
    Sec. 18. Collective Bargaining Representation. From the funds 
appropriated under this act, any agency of the District government may 
transfer to the Office of Labor Relations and Collective Bargaining 
(OLRCB) such amounts as may be necessary to pay for representation by 
OLRCB in third-party cases, grievances, and dispute resolution, 
pursuant to an intra-District agreement with OLRCB. These amounts shall 
be available for use by OLRCB to reimburse the cost of providing the 
representation.
    Sec. 19. District of Columbia Public Schools Budget. Section 452 of 
the District of Columbia Home Rule Act, approved December 24, 1973 (87 
Stat. 803; D.C. Official Code, sec. 1-204.52), is amended as follows:
            (1) The existing language is designated as subsection (a).
            (2) New subsections (b) and (c) are added to read as 
        follows:
    ``(b) By March 1 of each year, or no later than the Mayor's annual 
submission of the budget pursuant to section 442, the Board of 
Education shall submit to the Council a budget detailing how the 
Mayor's proposed budget for the District of Columbia Public Schools 
shall be spent. The Board's submission shall allocate all monies by 
responsibility center and object class.
    ``(c) The submission shall also include a presentation that 
specifies the monies budgeted for each school. In order that the 
Council and the public may know the totality of funds, goods, and 
services that will be provided directly to the local schools, the 
presentation shall specify (1) the funds available to each school, for 
which the decision to spend is made by the school's local school 
restructuring team, and (2) any other responsibility center funds, the 
spending of which directly benefits local schools (e.g., textbooks, 
substitute teachers, transportation, maintenance/engineers, nurses, 
teachers salaries).''.
    Sec. 20. Fiscal Year Modification for the University of the 
District of Columbia. The third sentence of section 441 of the District 
of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 798; 
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 2002, the 
fiscal year for 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.''.

                       ENTERPRISE AND OTHER FUNDS

                       Water and Sewer Authority

    For operation of the Water and Sewer Authority, $253,743,000 from 
other funds of which $18,093,000 shall be apportioned for repayment to 
the District's debt service fund for repayment of loans and interest 
incurred on capital improvement projects.
    For construction projects, $342,458,000, in the following capital 
programs: $213,669,000 for the Blue Plains Wastewater Treatment Plant, 
$24,539,000 for the sewer program, $56,561,000 for the combined sewer 
program, of which $50,000,000 is from funds appropriated earlier in 
this Act as a Federal Payment for Anacostia Waterfront Initiative, 
$5,635,000 for the stormwater program, $34,054,000 for the water 
program, $8,000,000 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, $57,847,000 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.), 
$232,881,000: 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, $23,510,000, of which 
$15,510,000 is from other funds and $8,000,000 is from funds 
appropriated earlier in this Act as a Federal Payment for Anacostia 
Waterfront Initiative.

                 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, $78,700,000 
from other funds.

              National Capital Revitalization Corporation

    For the National Capital Revitalization Corporation, $6,745,000 
from other funds.

                             CAPITAL OUTLAY

                        (including rescissions)

    For construction projects, an increase of $1,235,518,908 of which 
$253,991,128 shall be from a rescission from local funds appropriated 
under this heading in prior fiscal years, for a net amount of 
$981,527,780 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 District of Columbia Public Libraries shall allocate capital 
funds, from existing resources, in fiscal year 2003 for the planning 
and design of a new Francis Gregory Public Library.

                           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 2003, 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. 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.
    Sec. 112. Revenue Estimates. No later than 30 days after the end of 
the first quarter of the fiscal year ending September 30, 2003, the 
Mayor of the District of Columbia shall submit to the Council of the 
District of Columbia the new fiscal year 2003 revenue estimates as of 
the end of the first quarter of fiscal year 2003. These estimates shall 
be used in the budget request for the fiscal year ending September 30, 
2004. 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 2003 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 and Other Funds 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 and 
other funds received by the District government that are not reflected 
in the amounts appropriated in this Act.
    (b) Requirements.--
            (1) Chief financial officer report and council approval for 
        grants.--
                    (A) No such Federal, private, or other grant may be 
                accepted, obligated, or expended pursuant to subsection 
                (a) until--
                            (i) the Chief Financial Officer of the 
                        District of Columbia submits to the Council a 
                        report setting forth detailed information 
                        regarding such grant; and
                            (ii) the Council has reviewed and approved 
                        the acceptance, obligation, and expenditure of 
                        such grant.
                    (B) For purposes of subparagraph (A)(ii), the 
                Council shall be deemed to have reviewed and approved 
                the acceptance, obligation, and expenditure of a grant 
                if--
                            (i) no written notice of disapproval is 
                        filed with the Secretary of the Council within 
                        14 calendar days of the receipt of the report 
                        from the Chief Financial Officer under 
                        subparagraph (A)(i); or
                            (ii) if such a notice of disapproval is 
                        filed within such deadline, the Council does 
                        not by resolution disapprove the acceptance, 
                        obligation, or expenditure of the grant within 
                        30 calendar days of the initial receipt of the 
                        report from the Chief Financial Officer under 
                        subparagraph (A)(i).
            (2) Certification of Chief Financial Officer and 
        Notification of Committees for Other Funds.--No funds which are 
        not grants may be accepted, obligated, or expended pursuant to 
        subsection (a)--
                    (A) unless the Chief Financial Officer of the 
                District of Columbia certifies that the funds are 
                available and are not required to address potential 
                deficits; and
                    (B) until the expiration of the 14-day period which 
                begins on the date the Mayor notifies the Committees on 
                Appropriations of the House of Representatives and 
                Senate of the acceptance, obligation, and expenditure 
                of such funds.
    (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 or other funds under this section in 
anticipation of the approval or receipt of a Federal, private, or other 
grant or other funds not subject to this section.
    (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, 2002, an inventory, 
as of September 30, 2002, 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 2003 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 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. 125. (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. 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 2003, and 
claims received previously that remain unpaid at the end of fiscal year 
2002, and would have qualified for interest payment under this section.
    Sec. 130. 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. 131. Nothing in this Act bars the District of Columbia 
Corporation Counsel from reviewing or commenting on briefs in private 
lawsuits, or from consulting with officials of the District government 
regarding such lawsuits.
    Sec. 132. 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. 133. 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. 134. None of the funds contained in this Act may be used to 
issue, administer, or enforce any order by the District of Columbia 
Commission on Human Rights relating to docket numbers 93-030-(PA) and 
93-031-(PA).
    This Act may be cited as the ``District of Columbia Appropriations 
Act, 2003''.
                                                       Calendar No. 523

107th CONGRESS

  2d Session

                                S. 2809

                          [Report No. 107-225]

_______________________________________________________________________

                                 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, 
                     2003, and for other purposes.

_______________________________________________________________________

                             July 26, 2002

                 Read twice and placed on the calendar