[Congressional Record (Bound Edition), Volume 147 (2001), Part 17]
[House]
[Pages 24073-24105]
[From the U.S. Government Publishing Office, www.gpo.gov]



  CONFERENCE REPORT ON H.R. 2944, DISTRICT OF COLUMBIA APPROPRIATIONS 
                               ACT, 2002

  Mr. KNOLLENBERG (during the special order of Ms. Solis) submitted the 
following conference report and statement on the bill (H.R. 2944) 
making appropriations for the government of the District of Columbia 
and other activities chargeable in whole or in part against revenues of 
said District for the fiscal year ending September 30, 2002, and for 
other purposes:

                  Conference Report (H. Rept. 107-321)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     2944) ``making appropriations for the government of the 
     District of Columbia and other

[[Page 24074]]

     activities chargeable in whole or in part against revenues of 
     said District for the fiscal year ending September 30, 2002, 
     and for other purposes'', having met, after full and free 
     conference, have agreed to recommend and do recommend to 
     their respective Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate, and agree to the same with an 
     amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert:
     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the District of 
     Columbia for the fiscal year ending September 30, 2002, and 
     for other purposes, namely:

                             FEDERAL FUNDS

              Federal Payment for Resident Tuition Support

       For a Federal payment to the District of Columbia, to be 
     deposited into a dedicated account, for a nationwide program 
     to be administered by the Mayor, for District of Columbia 
     resident tuition support, $17,000,000, to remain available 
     until expended: Provided, That such funds, including any 
     interest accrued thereon, may be used on behalf of eligible 
     District of Columbia residents to pay an amount based upon 
     the difference between in-State and out-of-State tuition at 
     public institutions of higher education, or to pay up to 
     $2,500 each year at eligible private institutions of higher 
     education: Provided further, That the awarding of such funds 
     may be prioritized on the basis of a resident's academic 
     merit, the income and need of eligible students and such 
     other factors as may be authorized: Provided further, That 
     the District of Columbia government shall establish a 
     dedicated account for the Resident Tuition Support Program 
     that shall consist of the Federal funds appropriated to the 
     Program in this Act and any subsequent appropriations, any 
     unobligated balances from prior fiscal years, and any 
     interest earned in this or any fiscal year: Provided further, 
     That the account shall be under the control of the District 
     of Columbia Chief Financial Officer who shall use those funds 
     solely for the purposes of carrying out the Resident Tuition 
     Support Program: Provided further, That the Resident Tuition 
     Support Program Office and the Office of the Chief Financial 
     Officer shall provide a quarterly financial report to the 
     Committees on Appropriations of the Senate and House of 
     Representatives for these funds showing, by object class, the 
     expenditures made and the purpose therefor: Provided further, 
     That not more than seven percent of the total amount 
     appropriated for this program may be used for administrative 
     expenses.

        Federal Payment for Incentives for Adoption of Children

       The paragraph under the heading ``Federal Payment for 
     Incentives for Adoption of Children'' in Public Law 106-113, 
     approved November 29, 1999 (113 Stat. 1501), is amended to 
     read as follows: ``For a Federal payment to the District of 
     Columbia to create incentives to promote the adoption of 
     children in the District of Columbia foster care system, 
     $5,000,000: Provided, That such funds shall remain available 
     until September 30, 2003, and shall be used to carry out all 
     of the provisions of title 38 of the Fiscal Year 2001 Budget 
     Support Act of 2000, effective October 19, 2000 (D.C. Law 13-
     172), as amended, except for section 3808: Provided further, 
     That $1,000,000 of said amount shall be used for the 
     establishment of a scholarship fund for District of Columbia 
     children of adoptive families, and District of Columbia 
     children without parents due to the September 11, 2001 
     terrorist attack to be used for post high school education 
     and training.''.

Federal Payment to the Capitol City Career Development and Job Training 
                              Partnership

       For a Federal Payment to the Capitol City Career 
     Development and Job Training Partnership, $500,000.

             Federal Payment to the Capitol Education Fund

       For a Federal payment to the Capitol Education Fund, 
     $500,000.

Federal Payment to the Metropolitan Kappa Youth Development Foundation, 
                                  Inc.

       For a Federal payment to the Metropolitan Kappa Youth 
     Development Foundation, Inc., $450,000.

 Federal Payment to the Fire and Emergency Medical Services Department

       For a Federal payment to the Fire and Emergency Medical 
     Services Department, $500,000 for dry-docking of the Fire 
     Boat.

             Federal Payment to the Chief Medical Examiner

       For a Federal payment to the Chief Medical Examiner, 
     $585,000 for reduction in the backlog of autopsies, case 
     reports and for the purchase of toxicology and histology 
     equipment.

              Federal Payment to the Youth Life Foundation

       For a Federal payment to the Youth Life Foundation, 
     $250,000 for technical assistance, operational expenses, and 
     establishment of a National Training Institute.

                  Federal Payment to Food and Friends

       For a Federal payment to Food and Friends, $2,000,000 for 
     their Capital Campaign.

               Federal Payment to the City Administrator

       For a Federal payment to the City Administrator, $300,000 
     for the Criminal Justice Coordinating Council for the 
     District of Columbia.

               Federal Payment to Southeastern University

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

       Federal Payment to the District of Columbia Public Schools

       For a Federal payment to the District of Columbia Public 
     Schools, $2,500,000, of which $2,000,000 shall be to 
     implement the Voyager Expanded Learning literacy program in 
     kindergarten and first grade classrooms in the District of 
     Columbia Public Schools; $250,000 shall be for the Failure 
     Free Reading literacy program for non-readers and special 
     education students; and $250,000 for Lightspan, Inc. to 
     implement the eduTest.com program in the District of Columbia 
     Public Schools.

 Federal Payments for District of Columbia and Federal Law Enforcement 
                Mobile Wireless Interoperability Project

       For Federal payments in support of the District of Columbia 
     and the Federal law enforcement Mobile Wireless 
     Interoperability Project, $1,400,000, of which $400,000 shall 
     be for a payment to the District of Columbia Office of the 
     Chief Technology Officer, $333,334 shall be for a payment to 
     the United States Secret Service, $333,333 shall be for a 
     payment to the United States Capitol Police, and $333,333 
     shall be for a payment to the United States Park Police: 
     Provided, That each agency shall participate in the 
     preparation of a joint report to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     to be submitted no later than March 30, 2002 on the 
     allocation of these resources and a description of each 
     agencies' resource commitment to this project for fiscal year 
     2003.

   Federal Payment for Emergency Planning and Security Costs in the 
                          District of Columbia

       For a Federal payment to the District of Columbia for 
     emergency planning and security costs and to reimburse the 
     District for certain security expenses related to the 
     presence of the Federal Government in the District of 
     Columbia, $16,058,000: Provided, That $12,652,000 shall be 
     made available immediately to the District of Columbia 
     Emergency Management Agency for planning, training, and 
     personnel costs required for development and implementation 
     of the emergency operations plan for the District of 
     Columbia, to be submitted to the appropriate Federal 
     agencies: Provided further, That a detailed report of actual 
     and estimated expenses incurred shall be provided to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives no later than June 15, 2002: Provided 
     further, That $3,406,000 of such amount shall be made 
     available immediately for reimbursement of fiscal year 2001 
     expenses incurred by the District of Columbia for equipment 
     purchased for providing security for the planned meetings in 
     September 2001 of the World Bank and the International 
     Monetary Fund in the District of Columbia: Provided further, 
     That the Mayor and the Chairman of the Council of the 
     District of Columbia shall develop, in consultation with the 
     Director of the Office of Personnel Management, the United 
     States Secret Service, the United States Capitol Police, the 
     United States Park Police, the Washington Metropolitan Area 
     Transit Authority, regional transportation authorities, the 
     Federal Emergency Management Agency, the Governor of the 
     State of Maryland and the Governor of the Commonwealth of 
     Virginia, the county executives of contiguous counties of the 
     region and the respective state and local law enforcement 
     entities in the region an integrated emergency operations 
     plan for the District of Columbia in cases of national 
     security events, including terrorist threats, protests, or 
     other unanticipated events: Provided further, That such plan 
     shall include a response to attacks or threats of attacks 
     using biological or chemical agents: Provided further, That 
     the city shall submit this plan to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     no later than January 2, 2002: Provided further, That the 
     Chief Financial Officer of the District of Columbia shall 
     provide quarterly reports to the Committees on Appropriations 
     on the use of the funds under this heading, beginning not 
     later than April 2, 2002.

   Federal Payment to the Chief Financial Officer of the District of 
                                Columbia

       For a Federal payment to the Chief Financial Officer of the 
     District of Columbia, $8,300,000, of which $2,250,000 shall 
     be for payment for a pilot project to demonstrate the 
     ``Active Cap'' river cleanup technology on the Anacostia 
     River; $500,000 shall be for payment to the Washington, D.C. 
     Sports and Entertainment Commission which, in coordination 
     with the U.S. Soccer Foundation, shall use the funds for 
     environmental and infrastructure costs at Kenilworth Park in 
     the creation of the Kenilworth Regional Sports Complex; 
     $600,000 shall be for payment to the One Economy Corporation, 
     a non-profit organization, to increase Internet access to 
     low-income homes in the District of Columbia; $500,000 shall 
     be for payment to the Langston Project for the 21st Century, 
     a community revitalization project to improve physical 
     education and training facilities; $1,000,000 shall be for 
     payment to the Green Door Program, for capital improvements 
     at a community mental health clinic; $500,000 shall be for 
     payment to the Historical Society of Washington, for capital 
     improvements to the new City Museum; $200,000 for a payment 
     to Teach for America DC, for

[[Page 24075]]

     teacher development; $350,000 for payment to the District of 
     Columbia Safe Kids Coalition, to promote child passenger 
     safety through the Child Occupant Protection Initiative; 
     $50,000 for payment for renovations at Eastern Market; 
     $1,000,000 shall be for payment to the Excel Institute Adult 
     Education Program to be used by the Institute for 
     construction and to acquire construction services provided by 
     the General Services Administration on a reimbursable basis; 
     $300,000 shall be for payment to the Woodlawn Cemetery for 
     restoration of the Cemetery; $250,000 shall be for payment to 
     the Real World Schools concerning 21st Century reform models 
     for secondary education and the use of technology to support 
     learning in the District of Columbia; $300,000 shall be for 
     payment to a mentoring program and for hotline services; 
     $250,000 shall be for payment to a youth development program 
     with a character building curriculum; and $250,000 shall be 
     for payment to a basic values training program.

    Federal Payment to the District of Columbia Corrections Trustee 
                               Operations

       For salaries and expenses of the District of Columbia 
     Corrections Trustee, $30,200,000 for the administration and 
     operation of correctional facilities and for the 
     administrative operating costs of the Office of the 
     Corrections Trustee, as authorized by section 11202 of the 
     National Capital Revitalization and Self-Government 
     Improvement Act of 1997 (Public Law 105-33; 111 Stat. 712) of 
     which $1,000,000 is to fund an initiative to improve case 
     processing in the District of Columbia criminal justice 
     system, $500,000 to remain available until September 30, 2003 
     for building renovations or space acquisition required to 
     accommodate functions transferred from the Lorton 
     Correctional Complex, and $1,500,000 to remain available 
     until September 30, 2003, to be transferred to the 
     appropriate agency for the closing of the sewage treatment 
     plant and the removal of underground storage tanks at the 
     Lorton Correctional Complex: Provided, That notwithstanding 
     any other provision of law, funds appropriated in this Act 
     for the District of Columbia Corrections Trustee shall be 
     apportioned quarterly by the Office of Management and Budget 
     and obligated and expended in the same manner as funds 
     appropriated for salaries and expenses of other Federal 
     agencies.

           Federal Payment to the District of Columbia Courts

       For salaries and expenses for the District of Columbia 
     Courts, $112,180,000, to be allocated as follows: for the 
     District of Columbia Court of Appeals, $8,003,000, of which 
     not to exceed $1,500 is for official reception and 
     representation expenses; for the District of Columbia 
     Superior Court, $66,091,000, of which not to exceed $1,500 is 
     for official reception and representation expenses; for the 
     District of Columbia Court System, $31,594,000, of which not 
     to exceed $1,500 is for official reception and representation 
     expenses; and $6,492,000 for capital improvements for 
     District of Columbia courthouse facilities: Provided, That 
     notwithstanding any other provision of law, all amounts under 
     this heading shall be apportioned quarterly by the Office of 
     Management and Budget and obligated and expended in the same 
     manner as funds appropriated for salaries and expenses of 
     other Federal agencies, with payroll and financial services 
     to be provided on a contractual basis with the General 
     Services Administration (GSA), said services to include the 
     preparation of monthly financial reports, copies of which 
     shall be submitted directly by GSA to the President and to 
     the Committees on Appropriations of the Senate and House of 
     Representatives, the Committee on Governmental Affairs of the 
     Senate, and the Committee on Government Reform of the House 
     of Representatives: Provided further, That funds made 
     available for capital improvements may remain available until 
     September 30, 2003.

                       Administrative Provisions

       Section 11-1722(a), District of Columbia Code, is amended 
     in the first sentence by striking ``, subject to the 
     supervision of the Executive Officer''.
       Section 11-1723(a)(3), District of Columbia Code, is 
     amended by striking ``and the internal auditing of the 
     accounts of the courts''.


                    crime victims compensation fund

       (a) Treatment of Unobligated Balances.--Section 16(d) of 
     the Victims of Violent Crime Compensation Act of 1996 (sec. 
     4-515(d), D.C. Official Code), as amended by section 403 of 
     the Miscellaneous Appropriations Act, 2001 (as enacted into 
     law by section 1(a)(4) of the Consolidated Appropriations 
     Act, 2001), is amended--
       (1) by striking ``in excess of $250,000'';
       (2) by striking ``and approved by'' and inserting ``which 
     is submitted to''; and
       (3) by striking ``and not less than 80 percent'' and all 
     that follows and inserting the following: ``except that under 
     such plan--
       ``(1) 50 percent of such balance shall be used for direct 
     compensation payments to crime victims through the Fund under 
     this section and in accordance with this Act; and
       ``(2) 50 percent of such balance shall be used for outreach 
     activities designed to increase the number of crime victims 
     who apply for such direct compensation payments.''.
       (b) Limit on Use of Amounts for Administrative Expenses.--
     Section 16(e) of such Act (sec. 4-515(e), D.C. Official 
     Code), as amended by section 202(d) of the Fiscal Year 2001 
     Budget Support Act of 2000 (D.C. Law 13-172), is amended to 
     read as follows:
       ``(e) All compensation payments and attorneys' fees awarded 
     under this Act shall be paid from, and subject to, the 
     availability of monies in the Fund. Not more than 5 percent 
     of the total amount of monies in the Fund may be used to pay 
     administrative costs necessary to carry out this Act.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of section 
     403 of the Miscellaneous Appropriations Act, 2001.


                payments for representation of indigents

       (a) Services of Counsel.--
       (1) In general.--Section 11-2604, District of Columbia 
     Code, is amended--
       (A) in subsection (a), by striking ``$50'' and inserting 
     ``$65''; and
       (B) in subsection (b)--
       (i) by striking ``$1300'' each place it appears and 
     inserting ``$1900'', and
       (ii) by striking ``$2450'' each place it appears and 
     inserting ``$3600''.
       (2) Neglect and parental rights termination proceedings.--
     Section 16-2326.01(b), District of Columbia Code, is 
     amended--
       (A) by striking ``$1,100'' each place it appears and 
     inserting ``$1,600'';
       (B) in paragraph (3), by striking ``$1,500'' and inserting 
     ``$2,200''; and
       (C) in paragraph (4), by striking ``$750'' and inserting 
     ``$1,100''.
       (b) Services of Investigators, Experts, and Others.--
     Section 11-2605, District of Columbia Code, is amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (c) and (d); and
       (2) by inserting after subsection (a) the following new 
     subsection:
       ``(b) Subject to the applicable limits described in 
     subsections (c) and (d), an individual providing services 
     under this section shall be compensated at a fixed rate of 
     $25 per hour, and shall be reimbursed for expenses reasonably 
     incurred.''.
       (c) Effective Date.--The amendments made by this provision 
     shall apply with respect to cases and proceedings initiated 
     on or after March 1, 2002.
       Section 11-2604, District of Columbia Code, is amended:
       (1) in subsection (a), by striking ``50'' and inserting 
     ``75''; and
       (2) in subsection (b)--
       (A) by striking ``1300'' each time it appears and inserting 
     ``1900'';
       (B) by striking ``2450'' each time it appears and inserting 
     ``3600''.

                  Federal Payment for Family Court Act

       For carrying out the District of Columbia Family Court Act 
     of 2001, $24,016,000, of which $23,316,000 shall be for the 
     Superior Court of the District of Columbia and $700,000 shall 
     be for the Mayor of the District of Columbia of which 
     $200,000 shall be for completion of a plan by the Mayor on 
     integrating the computer systems of the District of Columbia 
     government with the Family Court of the Superior Court of the 
     District of Columbia: Provided, That the Mayor shall submit a 
     plan to the President and the Congress within six months of 
     enactment of that Act, so that social services and other 
     related services to individuals and families serviced by the 
     Family Court of the Superior Court and agencies of the 
     District of Columbia government (including the District of 
     Columbia Public Schools, the District of Columbia Housing 
     Authority, the Child and Family Services Agency, the Office 
     of the Corporation Counsel, the Metropolitan Police 
     Department, the Department of Health, and other offices 
     determined by the Mayor) will be able to access and share 
     information on the individuals and families served by the 
     Family Court: Provided further, That $500,000 of such amount 
     provided to the Mayor shall be for the Child and Family 
     Services Agency to be used for social workers to implement 
     Family Court reform: Provided further, That the chief judge 
     of the Superior Court shall submit the transition plan for 
     the Family Court of the Superior Court as required under the 
     District of Columbia Family Court Act of 2001 to the 
     Comptroller General (in addition to any other requirements 
     under such section): Provided further, That the Comptroller 
     General shall prepare and submit to the President and 
     Congress an analysis of the contents and effectiveness of the 
     plan, including an analysis of whether the plan contains all 
     of the information required under such section within 30 
     calendar days after the submission of the plan by the 
     Superior Court: Provided further, That the funds provided 
     under this heading to the Superior Court shall not be made 
     available until the expiration of the 30-day period 
     (excluding Saturdays, Sundays, legal public holidays, and any 
     day on which neither House of Congress is in session because 
     of an adjournment sine die, a recess of more that 3 days, or 
     an adjournment of more than 3 days) which begins on the date 
     the Comptroller General submits such analysis to the 
     President and Congress: Provided further, That the Mayor 
     shall prepare and submit to the President, Congress, and the 
     Comptroller General a plan for the use of the funds provided 
     to the Mayor under this heading, consistent with the 
     requirements of the District of Columbia Family Court Act of 
     2001, including the requirement to integrate the computer 
     systems of the District government with the computer systems 
     of the Superior Court: Provided further, That the Comptroller 
     General shall prepare and submit to the President and 
     Congress an analysis of the contents and effectiveness of the 
     plan within 30 calendar days after the submission of the plan 
     by the Mayor: Provided further, That the funds provided under 
     this heading to the Mayor shall not be made available until 
     the expiration of the 30-day period (excluding Saturdays, 
     Sundays,

[[Page 24076]]

     legal public holidays, and any day on which neither House of 
     Congress is in session because of an adjournment sine die, a 
     recess of more than 3 days, or an adjournment of more than 3 
     days) which begins on the date the Comptroller General 
     submits such plan to the President and Congress.

            Defender Services in District of Columbia Courts

       For payments authorized under section 11-2604 and section 
     11-2605, D.C. Official Code (relating to representation 
     provided under the District of Columbia Criminal Justice 
     Act), payments for counsel appointed in proceedings in the 
     Family Division of the Superior Court of the District of 
     Columbia under chapter 23 of title 16, D.C. Code, and 
     payments for counsel authorized under section 21-2060, D.C. 
     Code (relating to representation provided under the District 
     of Columbia Guardianship, Protective Proceedings, and Durable 
     Power of Attorney Act of 1986), $34,311,000, to remain 
     available until expended: Provided, That the funds provided 
     in this Act under the heading ``Federal Payment to the 
     District of Columbia Courts'' (other than the $6,492,000 
     provided under such heading for capital improvements for 
     District of Columbia courthouse facilities) may also be used 
     for payments under this heading: Provided further, That in 
     addition to the funds provided under this heading, the Joint 
     Committee on Judicial Administration in the District of 
     Columbia shall use funds provided in this Act under the 
     heading ``Federal Payment to the District of Columbia 
     Courts'' (other than the $6,492,000 provided under such 
     heading for capital improvements for District of Columbia 
     courthouse facilities), to make payments described under this 
     heading for obligations incurred during any fiscal year: 
     Provided further, That of the amounts provided in previous 
     fiscal years for payments described under this heading which 
     remain unobligated as of the date of the enactment of this 
     Act, $4,685,500 shall be used by the Joint Committee on 
     Judicial Administration for design and construction expenses 
     of the courthouse at 451 Indiana Avenue NW: Provided further, 
     That of the remainder of such amounts, such sums as may be 
     necessary shall be applied toward the portion of the amount 
     provided under this heading which is attributable to 
     increases in the maximum amounts which may be paid for 
     representation services in the District of Columbia courts: 
     Provided further, That funds provided under this heading 
     shall be administered by the Joint Committee on Judicial 
     Administration in the District of Columbia: Provided further, 
     That notwithstanding any other provision of law, this 
     appropriation shall be apportioned quarterly by the Office of 
     Management and Budget and obligated and expended in the same 
     manner as funds appropriated for expenses of other Federal 
     agencies, with payroll and financial services to be provided 
     on a contractual basis with the General Services 
     Administration (GSA), said services to include the 
     preparation of monthly financial reports, copies of which 
     shall be submitted directly by GSA to the President and to 
     the Committees on Appropriations of the Senate and House of 
     Representatives, the Committee on Governmental Affairs of the 
     Senate, and the Committee on Government Reform of the House 
     of Representatives.

 Federal Payment to the Court Services and Offender Supervision Agency 
                      for the District of Columbia


                     (Including Transfer of Funds)

       For salaries and expenses, including the transfer and hire 
     of motor vehicles, of the Court Services and Offender 
     Supervision Agency for the District of Columbia, as 
     authorized by the National Capital Revitalization and Self-
     Government Improvement Act of 1997 (Public Law 105-33; 111 
     Stat. 712), $147,300,000, of which $13,015,000 shall remain 
     available until expended for construction expenses at new or 
     existing facilities, and of which not to exceed $2,000 is for 
     official receptions related to offender and defendant support 
     programs; of which $94,112,000 shall be for necessary 
     expenses of Community Supervision and Sex Offender 
     Registration, to include expenses relating to supervision of 
     adults subject to protection orders or provision of services 
     for or related to such persons; $20,829,000 shall be 
     transferred to the Public Defender Service; and $32,359,000 
     shall be available to the Pretrial Services Agency: Provided, 
     That notwithstanding any other provision of law, all amounts 
     under this heading shall be apportioned quarterly by the 
     Office of Management and Budget and obligated and expended in 
     the same manner as funds appropriated for salaries and 
     expenses of other Federal agencies: Provided further, That 
     notwithstanding chapter 12 of title 40, United States Code, 
     the Director may acquire by purchase, lease, condemnation, or 
     donation, and renovate as necessary, Building Number 17, 1900 
     Massachusetts Avenue, Southeast, Washington, District of 
     Columbia, or such other site as the Director of the Court 
     Services and Offender Supervision Agency may determine as 
     appropriate to house or supervise offenders and defendants, 
     with funds made available by this Act: Provided further, That 
     the Director is authorized to accept and use gifts in the 
     form of in-kind contributions of space and hospitality to 
     support offender and defendant programs, and equipment and 
     vocational training services to educate and train offenders 
     and defendants: Provided further, That the Director shall 
     keep accurate and detailed records of the acceptance and use 
     of any gift or donation under the previous proviso, and shall 
     make such records available for audit and public inspection.

       Federal Payment to the Children's National Medical Center

       For a Federal payment to the Children's National Medical 
     Center in the District of Columbia, $5,500,000, of which 
     $5,000,000 shall be for capital and equipment improvements, 
     and $500,000 shall be used for the network of satellite 
     pediatric health clinics for children and families in 
     underserved neighborhoods and communities in the District of 
     Columbia.

          St. Coletta of Greater Washington Expansion Project

       For a Federal contribution to St. Coletta of Greater 
     Washington, Inc. for costs associated with the establishment 
     of a day program and comprehensive case management services 
     for mentally retarded and multiple-handicapped adolescents 
     and adults in the District of Columbia, including property 
     acquisition and construction, $2,000,000.

            Federal Payment to Faith and Politics Institute

       For a Federal payment to the Faith and Politics Institute, 
     $50,000, for grass roots-based racial sensitivity programs in 
     the District of Columbia.

    Federal Payment to the Thurgood Marshall Academy Charter School

       For a Federal payment to the Thurgood Marshall Academy 
     Charter School, $1,000,000 to be used to acquire and renovate 
     an educational facility in Anacostia.

    Federal Payment to the George Washington University Center for 
                   Excellence in Municipal Management

       For a Federal payment to the George Washington University 
     Center for Excellence in Municipal Management, $250,000 to 
     increase the enrollment of managers from the District of 
     Columbia government.

                   Court Appointed Special Advocates

       For a Federal payment to the District of Columbia Court 
     Appointed Special Advocates Unit, $250,000 to be used to 
     expand its work in the Family Court of the District of 
     Columbia Superior Court.

                        Administrative Provision

       Of the Federal funds made available in the District of 
     Columbia Appropriations Act, 2001, Public Law 106-522 for the 
     Metropolitan Police Department (114 Stat. 2441), $100,000 for 
     the police mini-station shall remain available for the 
     purposes intended until September 30, 2002: Provided, That 
     the $1,000,000 made available in such Act for the Washington 
     Interfaith Network (114 Stat. 2444) shall remain available 
     for the purposes intended until December 31, 2002: Provided 
     further, That $3,450,000 made available in such Act for 
     Brownfield Remediation (114 Stat. 2445), shall remain 
     available until expended.

                       DISTRICT OF COLUMBIA FUNDS

                           OPERATING EXPENSES

                          Division of Expenses

       The following amounts are appropriated for the District of 
     Columbia for the current fiscal year out of the general fund 
     of the District of Columbia, except as otherwise specifically 
     provided: Provided, That notwithstanding any other provision 
     of law, except as provided in section 450A of the District of 
     Columbia Home Rule Act and section 119 of this Act (Public 
     Law 93-198; D.C. Official Code, sec. 1-204.50a), the total 
     amount appropriated in this Act for operating expenses for 
     the District of Columbia for fiscal year 2002 under this 
     heading shall not exceed the lesser of the sum of the total 
     revenues of the District of Columbia for such fiscal year or 
     $6,048,160,000 (of which $124,163,000 shall be from intra-
     District funds and $3,574,493,000 shall be from local funds): 
     Provided further, That this amount may be increased by 
     proceeds of one-time transactions, which are expended for 
     emergency or unanticipated operating or capital needs: 
     Provided further, That such increases shall be approved by 
     enactment of local District law and shall comply with all 
     reserve requirements contained in the District of Columbia 
     Home Rule Act as amended by this Act: Provided further, That 
     the Chief Financial Officer of the District of Columbia shall 
     take such steps as are necessary to assure that the District 
     of Columbia meets these requirements, including the 
     apportioning by the Chief Financial Officer of the 
     appropriations and funds made available to the District 
     during fiscal year 2002, except that the Chief Financial 
     Officer may not reprogram for operating expenses any funds 
     derived from bonds, notes, or other obligations issued for 
     capital projects.

                   Governmental Direction and Support

       Governmental direction and support, $286,138,000 (including 
     $229,421,000 from local funds, $38,809,000 from Federal 
     funds, and $17,908,000 from other funds): Provided, That not 
     to exceed $2,500 for the Mayor, $2,500 for the Chairman of 
     the Council of the District of Columbia, and $2,500 for the 
     City Administrator shall be available from this appropriation 
     for official purposes: Provided further, That any program 
     fees collected from the issuance of debt shall be available 
     for the payment of expenses of the debt management program of 
     the District of Columbia: Provided further, That no revenues 
     from Federal sources shall be used to support the operations 
     or activities of the Statehood Commission and Statehood 
     Compact Commission: Provided further, That the District of 
     Columbia shall identify the sources of funding for Admission 
     to Statehood from its own locally-generated revenues: 
     Provided further, That notwithstanding any other provision of 
     law, or Mayor's Order 86-45, issued March 18, 1986, the

[[Page 24077]]

     Office of the Chief Technology Officer's delegated small 
     purchase authority shall be $500,000: Provided further, That 
     the District of Columbia government may not require the 
     Office of the Chief Technology Officer to submit to any other 
     procurement review process, or to obtain the approval of or 
     be restricted in any manner by any official or employee of 
     the District of Columbia government, for purchases that do 
     not exceed $500,000: Provided further, That not less than 
     $353,000 shall be available to the Office of the Corporation 
     Counsel to support increases in the Attorney Retention 
     Allowance: Provided further, That not less than $50,000 shall 
     be available to support a mediation services program within 
     the Office of the Corporation Counsel: Provided further, That 
     not less than $50,000 shall be available to support a TANF 
     Unit within the Child Support Enforcement Division of the 
     Office of the Corporation Counsel: Provided further, That of 
     all funds in the District of Columbia Antitrust Fund 
     established pursuant to section 2 of the District of Columbia 
     Antitrust Act of 1980 (D.C. Law 3-169; D.C. Official Code 
     Sec. 28-4516) an amount not to exceed $386,000, of all funds 
     in the Antifraud Fund established pursuant to section 820 of 
     the District of Columbia Procurement Practices Act of 1985, 
     effective February 21, 1986 (D.C. Law 6-85; D.C. Official 
     Code 2-308.20) an amount not to exceed $10,000, and of all 
     funds in the District of Columbia Consumer Protection Fund 
     established pursuant to section 1402 of the District of 
     Columbia Budget Support Act for fiscal year 2001 (D.C. Law 
     13-172; D.C. Official Code Sec. 28-3911) an amount not to 
     exceed $233,000, are hereby made available for the use of the 
     Office of the Corporation Counsel of the District of Columbia 
     until September 30, 2003, in accordance with the statutes 
     that established these funds.

                  Economic Development and Regulation

       Economic development and regulation, $230,878,000 
     (including $60,786,000 from local funds, $96,199,000 from 
     Federal funds, and $73,893,000 from other funds), of which 
     $15,000,000 collected by the District of Columbia in the form 
     of BID tax revenue shall be paid to the respective BIDs 
     pursuant to the Business Improvement Districts Act of 1996 
     (D.C. Law 11-134; D.C. Official Code, sec. 2-1215.01 et 
     seq.), and the Business Improvement Districts Amendment Act 
     of 1997 (D.C. Law 12-26; D.C. Official Code, sec. 2-1215.15 
     et seq.): Provided, That such funds are available for 
     acquiring services provided by the General Services 
     Administration: Provided further, That Business Improvement 
     Districts shall be exempt from taxes levied by the District 
     of Columbia: Provided further, That the Department of 
     Consumer and Regulatory Affairs shall use $50,000 of the 
     receipts from the net proceeds from the contractor that 
     handles the District's occupational and professional 
     licensing to fund additional staff and equipment for the 
     Rental Housing Administration: Provided further, That the 
     Department of Consumer and Regulatory Affairs shall transfer 
     up to $293,000 from other funds resulting from the lapse of 
     personnel vacancies, caused by transferring DCRA employees 
     into NSO positions without filling the resultant vacancies, 
     into the revolving 5-513 fund to be used to implement the 
     provisions in D.C. Law 13-281, the Abatement and Condemnation 
     of Nuisance Properties Omnibus Amendment Act of 2000, 
     pertaining to the prevention of the demolition by neglect of 
     historic properties: Provided further, That the fees 
     established and collected pursuant to Law 13-281 shall be 
     identified, and an accounting provided, to the District of 
     Columbia Council's Committee on Consumer and Regulatory 
     Affairs: Provided further, That 18 percent of the annual 
     total amount in the 5-513 fund, up to $500,000, deposited 
     into the 5-513 fund on an annual basis, be used to implement 
     section 102 and other related sections of D.C. Law 13-281.

                       Public Safety and Justice

       Public safety and justice, $633,853,000 (including 
     $594,803,000 from local funds, $8,298,000 from Federal funds, 
     and $30,752,000 from other funds): Provided, That not to 
     exceed $500,000 shall be available from this appropriation 
     for the Chief of Police for the prevention and detection of 
     crime: Provided further, That notwithstanding any other law, 
     section 3703 of title XXXVII of the Fiscal Year 2002 Budget 
     Support Act of 2001 (D.C. Bill 14-144), adopted by the 
     Council of the District of Columbia, is enacted into law: 
     Provided further, That the Mayor shall reimburse the District 
     of Columbia National Guard for expenses incurred in 
     connection with services that are performed in emergencies by 
     the National Guard in a militia status and are requested by 
     the Mayor, in amounts that shall be jointly determined and 
     certified as due and payable for these services by the Mayor 
     and the Commanding General of the District of Columbia 
     National Guard: Provided further, That such sums as may be 
     necessary for reimbursement to the District of Columbia 
     National Guard under the preceding proviso shall be available 
     from this appropriation, and the availability of the sums 
     shall be deemed as constituting payment in advance for 
     emergency services involved: Provided further, That no less 
     than $173,000,000 shall be available to the Metropolitan 
     Police Department for salary in support of 3,800 sworn 
     officers: Provided further, That no less than $100,000 shall 
     be available in the Department of Corrections budget to 
     support the Corrections Information Council: Provided 
     further, That not less than $296,000 shall be available to 
     support the Child Fatality Review Committee.

                        Public Education System

       Public education system, including the development of 
     national defense education programs, $1,108,665,000 
     (including $896,994,000 from local funds, $185,044,000 from 
     Federal funds, and $26,627,000 from other funds), to be 
     allocated as follows: $813,042,000 (including $661,124,000 
     from local funds, $144,630,000 from Federal funds, and 
     $7,288,000 from other funds), for the public schools of the 
     District of Columbia; $47,370,000 (including $19,911,000 from 
     local funds, $26,917,000 from Federal funds, $542,000 from 
     other funds), for the State Education Office, $17,000,000 
     from local funds, previously appropriated in this Act as a 
     Federal payment, and such sums as may be derived from 
     interest earned on funds contained in the dedicated account 
     established by the Chief Financial Officer of the District of 
     Columbia, for resident tuition support at public and private 
     institutions of higher learning for eligible District of 
     Columbia residents; and $142,257,000 from local funds for 
     public charter schools: Provided, That there shall be 
     quarterly disbursement of funds to the District of Columbia 
     public charter schools, with the first payment to occur 
     within 15 days of the beginning of each fiscal year: Provided 
     further, That if the entirety of this allocation has not been 
     provided as payments to any public charter school currently 
     in operation through the per pupil funding formula, the funds 
     shall be available for public education in accordance with 
     the School Reform Act of 1995 (Public Law 104-134; D.C. 
     Official Code, sec. 38-1804.03(b)(e)(A)): Provided further, 
     That $480,000 of this amount shall be available to the 
     District of Columbia Public Charter School Board for 
     administrative costs: Provided further, That section 161 of 
     the District of Columbia Appropriations Act, 2001 (Public Law 
     106-522; 114 Stat. 2483, 2484), is amended, as if included in 
     the Act--
       (1) by striking ``not later than 1 year after the date of 
     the enactment of the District of Columbia Appropriations Act, 
     2001,'';
       (2) by inserting ``revolving'' after ``enhancement'' in the 
     second sentence of paragraph (2)(B), in the heading of 
     paragraph (3), and in paragraph (3)(A); and
       (3) by striking ``10 percent'' and inserting ``5 percent'':
     Provided further, That the cap on administrative costs as 
     amended by section 161 of the District of Columbia 
     Appropriations Act, 2001 (Public Law 106-522; 114 Stat. 
     2484), is amended by striking ``10 percent'' and inserting 
     ``5 percent'': Provided further, That $76,542,000 (including 
     $45,912,000 from local funds, $12,539,000 from Federal funds, 
     and $18,091,000 from other funds) shall be available for the 
     University of the District of Columbia: Provided further, 
     That $400,000 shall be available for Enhancing and 
     Actualizing Internationalism and Multiculturalism in the 
     Academic Programs of the University of the District of 
     Columbia: Provided further, That $1,277,500 shall be paid by 
     the Chief Financial Officer to the Excel Institute for 
     operations as follows: $277,500 to cover debt owed by the 
     University of the District of Columbia for services rendered 
     shall be paid to the Excel Institute within 15 days of 
     enactment of this Act; and $1,000,000 for fiscal year 2002 
     shall be paid to the Excel Institute in equal quarterly 
     installments within 15 days of the beginning of each quarter: 
     Provided further, That not less than $200,000 for Adult 
     Education: Provided further, That $27,256,000 (including 
     $26,030,000 from local funds, $560,000 from Federal funds and 
     $666,000 other funds) for the Public Library: Provided 
     further, That the $1,007,000 enhancement shall be allocated 
     such that $500,000 is used for facilities improvements for 8 
     of the 26 library branches, $235,000 for 13 FTEs for the 
     continuation of the Homework Helpers Program, $143,000 for 2 
     FTEs in the expansion of the Reach Out And Read (ROAR) 
     service to licensed day care homes, and $129,000 for 3 FTEs 
     to expand literacy support into branch libraries: Provided 
     further, That $2,198,000 (including $1,760,000 from local 
     funds, $398,000 from Federal funds and $40,000 from other 
     funds) shall be available for the Commission on the Arts and 
     Humanities: Provided further, That the public schools of the 
     District of Columbia are authorized to accept not to exceed 
     31 motor vehicles for exclusive use in the driver education 
     program: Provided further, That not to exceed $2,500 for the 
     Superintendent of Schools, $2,500 for the President of the 
     University of the District of Columbia, and $2,000 for the 
     Public Librarian shall be available from this appropriation 
     for official purposes: Provided further, That none of the 
     funds contained in this Act may be made available to pay the 
     salaries of any District of Columbia Public School teacher, 
     principal, administrator, official, or employee who knowingly 
     provides false enrollment or attendance information under 
     article II, section 5 of the Act entitled ``An Act to provide 
     for compulsory school attendance, for the taking of a school 
     census in the District of Columbia, and for other purposes'', 
     approved February 4, 1925 (D.C. Official Code, sec. 38-201 et 
     seq.): Provided further, That this appropriation shall not be 
     available to subsidize the education of any nonresident of 
     the District of Columbia at any District of Columbia public 
     elementary and secondary school during fiscal year 2002 
     unless the nonresident pays tuition to the District of 
     Columbia at a rate that covers 100 percent of the costs 
     incurred by the District of Columbia which are attributable 
     to the education of the nonresident (as established by the 
     Superintendent of the District of Columbia Public Schools): 
     Provided further, That this appropriation shall not be 
     available to subsidize the education of nonresidents of the 
     District of Columbia at the University of the District of 
     Columbia, unless the

[[Page 24078]]

     Board of Trustees of the University of the District of 
     Columbia adopts, for the fiscal year ending September 30, 
     2002, a tuition rate schedule that will establish the tuition 
     rate for nonresident students at a level no lower than the 
     nonresident tuition rate charged at comparable public 
     institutions of higher education in the metropolitan area: 
     Provided further, That notwithstanding any other provision of 
     law, rule, or regulation, the evaluation process and 
     instruments for evaluating District of Columbia Public School 
     employees shall be a non-negotiable item for collective 
     bargaining purposes: Provided further, That the District of 
     Columbia Public Schools shall spend $1,200,000 to implement 
     D.C. Teaching Fellows Program in the District's public 
     schools: Provided further, That notwithstanding the amounts 
     otherwise provided under this heading or any other provision 
     of law, there shall be appropriated to the District of 
     Columbia public charter schools on July 1, 2002, an amount 
     equal to 25 percent of the total amount provided for payments 
     to public charter schools in the proposed budget of the 
     District of Columbia for fiscal year 2003 (as submitted to 
     Congress), and the amount of such payment shall be chargeable 
     against the final amount provided for such payments under the 
     District of Columbia Appropriations Act, 2003: Provided 
     further, That notwithstanding the amounts otherwise provided 
     under this heading or any other provision of law, there shall 
     be appropriated to the District of Columbia Public Schools on 
     July 1, 2002, an amount equal to 10 percent of the total 
     amount provided for the District of Columbia Public Schools 
     in the proposed budget of the District of Columbia for fiscal 
     year 2003 (as submitted to Congress), and the amount of such 
     payment shall be chargeable against the final amount provided 
     for the District of Columbia Public Schools under the 
     District of Columbia Appropriations Act, 2003: Provided 
     further, That the first paragraph under the heading ``Public 
     Education System'' in Public Law 107-20, approved July 24, 
     2001, is amended to read as follows: ``For an additional 
     amount for `Public Education System', $1,000,000 from local 
     funds to remain available until September 30, 2002, for the 
     State Education Office for a census-type audit of the student 
     enrollment of each District of Columbia Public School and of 
     each public charter school and $12,000,000 from local funds 
     for the District of Columbia Public Schools to conduct the 
     2001 summer school session.''.

                         Human Support Services


                     (Including Transfer of Funds)

       Human support services, $1,803,923,000 (including 
     $711,072,000 from local funds, $1,075,960,000 from Federal 
     funds, and $16,891,000 from other funds): Provided, That 
     $27,986,000 of this appropriation, to remain available until 
     expended, shall be available solely for District of Columbia 
     employees' disability compensation: Provided further, That 
     $90,000,000 transferred pursuant to the District of Columbia 
     Appropriations Act, 2001 (Public Law 106-522) to the Public 
     Benefit Corporation for restructuring shall be made available 
     to the Department of Health's Health Care Safety Net 
     Administration for the purpose of restructuring the delivery 
     of health services in the District of Columbia and shall 
     remain available until expended for obligation during fiscal 
     year 2002: Provided further, That no less than $7,500,000 of 
     this appropriation, to remain available until expended, shall 
     be deposited in the Addiction Recovery Fund established 
     pursuant to section 5 of the Choice in Drug Treatment Act of 
     2000, effective July 8, 2000 (D.C. Law 13-146; D.C. Official 
     Code, sec. 7-3004), and used solely for the purpose of the 
     Drug Treatment Choice Program established pursuant to section 
     4 of the Choice in Drug Treatment Act of 2000 (D.C. Official 
     Code, sec. 7-3003): Provided further, That no less than 
     $500,000 of the $7,500,000 appropriated for the Addiction 
     Recovery Fund shall be used solely to pay treatment providers 
     who provide substance abuse treatment to TANF recipients 
     under the Drug Treatment Choice Program: Provided further, 
     That no less than $2,000,000 of this appropriation shall be 
     used solely to establish, by contract, a 2-year pilot 
     substance abuse program for youth ages 16 through 21 years of 
     age: Provided further, That no less than $60,000 be available 
     for a D.C. Energy Office Matching Grant: Provided further, 
     That no less than $2,150,000 be available for a pilot Interim 
     Disability Assistance program pursuant to title L of the 
     Fiscal Year 2002 Budget Support Act (D.C. Bill 14-144).

                              Public Works

       Public works, including rental of one passenger-carrying 
     vehicle for use by the Mayor and three passenger-carrying 
     vehicles for use by the Council of the District of Columbia 
     and leasing of passenger-carrying vehicles, $300,151,000 
     (including $286,334,000 from local funds, $4,392,000 from 
     Federal funds, and $9,425,000 from other funds): Provided, 
     That this appropriation shall not be available for collecting 
     ashes or miscellaneous refuse from hotels and places of 
     business: Provided further, That no less than $650,000 be 
     available for a mechanical alley sweeping program: Provided 
     further, That no less than $6,400,000 be available for 
     residential parking enforcement: Provided further, That no 
     less than $100,000 be available for a General Counsel to the 
     Department of Public Works: Provided further, That no less 
     than $3,600,000 be available for ticket processing: Provided 
     further, That no less than 14 residential parking control 
     aides or 10 percent of the residential parking control force 
     be available for night time enforcement of out-of-state tags: 
     Provided further, That of the total of 3,000 additional 
     parking meters being installed in commercial districts and in 
     commercial loading zones none be installed at loading zones, 
     or entrances at apartment buildings and none be installed in 
     residential neighborhoods: Provided further, That no less 
     than $262,000 be available for taxicab enforcement 
     activities: Provided further, That no less than $241,000 be 
     available for a taxicab driver security revolving fund: 
     Provided further, That no less than $30,084,000 in local 
     appropriations be available to the Division of 
     Transportation, within the Department of Public Works: 
     Provided further, That no less than $12,000,000 in rights-of-
     way fees shall be available for the Local Roads, Construction 
     and Maintenance Fund: Provided further, That funding for a 
     proposed separate Department of Transportation is contingent 
     upon Council approval of a reorganization plan: Provided 
     further, That no less than $313,000 be available for 
     handicapped parking enforcement: Provided further, That no 
     less than $190,000 be available for the Ignition Interlock 
     Device Program: Provided further, That no less than $473,000 
     be available for the Motor Vehicle Insurance Enforcement 
     Program: Provided further, That $11,000,000 of this 
     appropriation shall be available for transfer to the Highway 
     Trust Fund's Local Roads, Construction and Maintenance Fund, 
     upon certification by the Chief Financial Officer that funds 
     are available from the 2001 budgeted reserve or where the 
     Chief Financial Officer certifies that additional local 
     revenues are available: Provided further, That $1,550,000 
     made available under the District of Columbia Appropriations 
     Act, 2001 (Public Law 106-522) for taxicab driver security 
     enhancements in the District of Columbia shall remain 
     available until September 30, 2002.

                         Receivership Programs

       For all agencies of the District of Columbia government 
     under court ordered receivership, $403,868,000 (including 
     $250,515,000 from local funds, $134,339,000 from Federal 
     funds, and $19,014,000 from other funds).

                         Workforce Investments

       For workforce investments, $42,896,000 from local funds, to 
     be transferred by the Mayor of the District of Columbia 
     within the various appropriation headings in this Act for 
     which employees are properly payable.

                                Reserve

       For replacement of funds expended, if any, during fiscal 
     year 2001 from the Reserve established by section 202(j) of 
     the District of Columbia Financial Responsibility and 
     Management Assistance Act of 1995, Public Law 104-8, 
     $120,000,000 from local funds.

                             Reserve Relief

       For reserve relief, $30,000,000, for the purpose of 
     spending funds made available through the reduction from 
     $150,000,000 to $120,000,000 in the amount required for the 
     budget reserve established by section 202(j)(1) of the 
     District of Columbia Financial Responsibility and Management 
     Assistance Act of 1995, Public Law 104-8: Provided, That 
     $12,000,000 shall be available to the District of Columbia 
     Public Schools and District of Columbia Public Charter 
     Schools for educational enhancements: Provided further, That 
     $18,000,000 shall be available pursuant to a local District 
     law: Provided further, That of the $30,000,000, funds shall 
     only be expended upon: (i) certification by the Chief 
     Financial Officer of the District of Columbia that the funds 
     are available and not required to address potential deficits, 
     (ii) enactment of local District law detailing the purpose 
     for the expenditure, and (iii) prior notification by the 
     Mayor to the Committees on Appropriations of both the Senate 
     and House of Representatives in writing 30 days in advance of 
     any such expenditure: Provided further, That the $18,000,000 
     provided pursuant to local law shall be expended only when 
     the Emergency Reserve established pursuant to section 450A(a) 
     of the District of Columbia Home Rule Act (Public Law 93-198; 
     D.C. Official Code, sec. 1-204.50a(a)), has a minimum balance 
     in the amount of $150,000,000.

                Emergency and Contingency Reserve Funds

       For the Emergency and Contingency Reserve Funds established 
     under section 450A of the District of Columbia Home Rule Act 
     (Public Law 93-198; D.C. Official Code, sec. 1-204.50a(b)), 
     the Mayor may deposit the proceeds required pursuant to 
     section 159(a) of Public Law 106-522 and section 404(c) of 
     Public Law 106-554 in the Contingency Reserve Fund beginning 
     in fiscal year 2002 if the minimum emergency reserve balance 
     requirement established in section 450A(c) has been met.

                    Repayment of Loans and Interest

       For payment of principal, interest, and certain fees 
     directly resulting from borrowing by the District of Columbia 
     to fund District of Columbia capital projects as authorized 
     by sections 462, 475, and 490 of the District of Columbia 
     Home Rule Act (Public Law 93-198; D.C. Official Code, secs. 
     1-204.62, 1-204.75, 1-204.90), $247,902,000 from local funds: 
     Provided, That any funds set aside pursuant to section 148 of 
     the District of Columbia Appropriations Act, 2000 (Public Law 
     106-113; 113 Stat. 1523) that are not used in the reserve 
     funds established herein shall be used for Pay-As-You-Go 
     Capital Funds: Provided further, That for equipment leases, 
     the Mayor may finance $14,300,000 of equipment cost, plus 
     cost of issuance not to exceed 2 percent of the par amount 
     being financed on a lease purchase basis with a maturity not 
     to exceed 5 years: Provided further, That $4,440,000 shall be 
     for the Fire and Emergency Medical Services Department, 
     $2,010,000 shall be for the Department of Parks and 
     Recreation, and $7,850,000 shall be for the Department of 
     Public

[[Page 24079]]

     Works: Provided further, That no less than $533,000 be 
     available for trash transfer capital debt service.

                  Emergency Assistance Loan Guarantees

       Notwithstanding any other provision of law, the District of 
     Columbia is hereby authorized to make any necessary payments 
     related to the ``District of Columbia Emergency Assistance 
     Act of 2001'': Provided, That the District of Columbia shall 
     use local funds for any payments under this heading: Provided 
     further, That the Chief Financial Officer shall certify the 
     availability of such funds, and shall certify that such funds 
     are not required to address budget shortfalls in the District 
     of Columbia: Provided further, That the Director the Office 
     of Management and Budget shall develop with the Chief 
     Financial Officer of the District of Columbia an estimate of 
     the liability incurred by the District of Columbia in 
     implementing such Act: Provided further, That the District of 
     Columbia shall implement such Act consistent with the 
     recommendations made by the Office of Management and Budget 
     and the Federal Credit Reform Act: Provided further, That the 
     District of Columbia budget for fiscal year 2003 and future 
     years shall include an amount for potential loan repayment 
     consistent with the liability requirements recommended by the 
     Office of Management and Budget.

                Repayment of General Fund Recovery Debt

       For the purpose of eliminating the $331,589,000 general 
     fund accumulated deficit as of September 30, 1990, 
     $39,300,000 from local funds, as authorized by section 461(a) 
     of the District of Columbia Home Rule Act, (105 Stat. 540; 
     D.C. Official Code, sec. 1-204.61(a)).

              Payment of Interest on Short-Term Borrowing

       For payment of interest on short-term borrowing, $500,000 
     from local funds.

                 Emergency Planning and Security Costs

       For an emergency operations plan, implementation of the 
     emergency operations plan, and reimbursement of fiscal year 
     2001 expenses incurred by the District of Columbia for 
     equipment purchased for providing security for the planned 
     World Bank and International Monetary Fund September 2001 
     meetings, $16,058,000, from funds previously appropriated in 
     this Act as a Federal payment, of which $12,652,000 shall be 
     made available immediately to the District of Columbia 
     Emergency Management Agency for planning, training and 
     personnel costs required for development and implementation 
     of the emergency operations plan for the District of 
     Columbia.

                            Wilson Building

       For expenses associated with the John A. Wilson Building, 
     $8,859,000 from local funds.

                    Emergency Reserve Fund Transfer

       Subject to the issuance of bonds to pay the purchase price 
     of the District of Columbia's right, title, and interest in 
     and to the Master Settlement Agreement, and consistent with 
     the Tobacco Settlement Trust Fund Establishment Act of 1999 
     (D.C. Official Code, sec. 7-1811.01(a)(2) et seq.) and the 
     Tobacco Settlement Financing Act of 2000 (D.C. Official Code, 
     sec. 7-1831.03 et seq.), there is transferred the amount 
     available pursuant thereto and Section 404(c) of Public Law 
     106-554, not less than $33,254,000, to the Emergency and 
     Contingency Reserve Funds established pursuant to section 
     450A of the District of Columbia Home Rule Act (Public Law 
     93-198; D.C. Official Code, sec. 1-204.50a(a)).

                        Non-Departmental Agency

       To account for anticipated costs that cannot be allocated 
     to specific agencies during the development of the proposed 
     budget including anticipated employee health insurance cost 
     increases and contract security costs, $5,799,000 from local 
     funds.

                       ENTERPRISE AND OTHER FUNDS

                       Water and Sewer Authority

       For operation of the Water and Sewer Authority, 
     $244,978,000 from other funds of which $44,244,000 shall be 
     apportioned for repayment of loans and interest incurred for 
     capital improvement projects ($17,953,000 payable to the 
     District's debt service fund and $26,291,000 payable for 
     other debt service).
       For construction projects, $152,114,000, in the following 
     capital programs: $52,600,000 for the Blue Plains Wastewater 
     Treatment Plant, $11,148,000 for the sewer program, $109,000 
     for the combined sewer program, $118,000 for the stormwater 
     program, $77,957,000 for the water program, $10,182,000 for 
     the capital equipment program: Provided, That the 
     requirements and restrictions that are applicable to general 
     fund capital improvements projects and set forth in this Act 
     under the Capital Outlay appropriation account shall apply to 
     projects approved under this appropriation account.

                        Administrative Provision


billings for water and sewer authority services provided to the federal 
                               government

       (a) Providing Estimates to Secretary of the Treasury and 
     Department Heads.--
       (1) Sanitary sewer services.--Section 212(b)(2) of the 
     District of Columbia Public Works Act of 1954 (sec. 34-
     2112(b)(2), D.C. Official Code) is amended by inserting after 
     ``the Office of Management and Budget,'' the following: ``the 
     Secretary of the Treasury, and the head of each of the 
     respective Federal departments, independent establishments, 
     and agencies,''.
       (2) Water services.--Section 106(b)(2) of such Act (sec. 
     34-2401.25(b)(2), D.C. Official Code) is amended by inserting 
     after ``the Office of Management and Budget,'' the following: 
     ``the Secretary of the Treasury, and the head of each of the 
     respective Federal departments, independent establishments, 
     and agencies,''.
       (3) Clarification of treatment of arlington national 
     cemetery.--Chapter 11 of title II of the Supplemental 
     Appropriations Act, 2001 (Public Law 107-20; 115 Stat. 188) 
     is amended in the item relating to ``INDEPENDENT AGENCIES--
     Department of Defense--Civil--Cemeterial Expenses, Army--
     salaries and expenses'' by striking the colon at the end of 
     the second proviso and inserting the following: ``, except 
     that nothing in this proviso may be construed to affect the 
     determination of the amounts required to be paid for such 
     services under sections 212(b) and 106(b) of the District of 
     Columbia Public Works Act of 1954 (sec. 34-2401.25(b) and 
     sec. 34-2112(b), D.C. Official Code) or to waive the 
     requirement under such sections for the Secretary of Defense 
     to pay such amounts to the District of Columbia:''.
       (b) Requiring Federal Departments to Grant Access To 
     Authority for Reading and Testing Water Meters.--
       (1) In general.--Section 106(a) of the District of Columbia 
     Public Works Act of 1954 (sec. 34-2401.25(a), D.C. Official 
     Code) is amended by inserting before the last sentence the 
     following: ``As an additional condition of service, the 
     department, agency, or establishment which is responsible for 
     the maintenance of any such meter shall provide the Mayor 
     (acting through the District of Columbia Water and Sewer 
     Authority) with such access to the meter as the Mayor may 
     require to measure the actual usage of the department, 
     agency, or establishment (including any entity under the 
     jurisdiction of the department, agency, or establishment) for 
     purposes of making the adjustments to annual estimates 
     required under subsection (b)(2)(A).''.
       (2) Permitting authority to install meters.--If a 
     department, independent establishment, or agency of the 
     United States which uses water and water services from the 
     District of Columbia water supply system has not installed a 
     suitable meter at each point of Federal connection to the 
     system to control and record the use of water through each 
     such connection (as required under section 106(a) of the 
     District of Columbia Public Works Act of 1954) as of the 
     expiration of the 60-day period which begins on the date of 
     the enactment of this Act--
       (A) the District of Columbia Water and Sewer Authority 
     shall install such a meter or meters (and incidental vaults, 
     valves, piping and recording devices, and such other 
     equipment as the Authority deems necessary) not later than 60 
     days after the expiration of such period; and
       (B) the department, independent establishment, or agency 
     shall pay the Authority promptly (but in no case later than 
     30 days after the Authority submits a bill) for the costs 
     incurred in installing the meter and equipment.
       (c) Clarification of Responsibility of Federal Departments 
     To Allocate Billings and Collect Amounts From Individual 
     Offices.--
       (1) Sanitary sewer services.--Section 212 of the District 
     of Columbia Public Works Act of 1954 (sec. 34-2112, D.C. 
     Official Code) is amended by adding at the end the following 
     new subsection:
       ``(c) Nothing in this section may be construed to require 
     the District of Columbia to seek payment for sanitary sewer 
     services directly from any Federal entity which is under the 
     jurisdiction of a department, independent establishment, or 
     agency which is required to make a payment for such services 
     under this section, or to allocate any amounts charged for 
     such services among the entities which are under the 
     jurisdiction of any such department, independent 
     establishment, or agency. Each Federal department, 
     independent establishment, and agency receiving sanitary 
     sewer services from the District of Columbia shall be 
     responsible for allocating billings for such services among 
     entities under the jurisdiction of the department, 
     establishment, or agency, and shall be responsible for 
     collecting amounts from such entities for any payments made 
     to the District of Columbia under this section.''.
       (2) Water services.--Section 106 of the District of 
     Columbia Public Works Act of 1954 (sec. 34-2401.25, D.C. 
     Official Code) is amended by adding at the end the following 
     new subsections:
       ``(c) Nothing in this section may be construed to require 
     the District of Columbia to seek payment for water services 
     directly from any Federal entity which is under the 
     jurisdiction of a department, independent establishment, or 
     agency which is required to make a payment for such services 
     under this section, or to allocate any amounts charged for 
     such services among the entities which are under the 
     jurisdiction of any such department, independent 
     establishment, or agency. Each Federal department, 
     independent establishment, and agency receiving water from 
     the District of Columbia shall be responsible for allocating 
     billings for such services among entities under the 
     jurisdiction of the department, establishment, or agency, and 
     shall be responsible for collecting amounts from such 
     entities for any payments made to the District of Columbia 
     under this section.
       ``(d) In the case of water services provided to a 
     department, independent establishment, or agency in Virginia 
     through the Federally owned water main system, if the total 
     of the metered amounts billed for all individual users of the 
     system (as measured by the meters for each individual user) 
     is less than the total amount as measured by the meters at 
     the delivery points

[[Page 24080]]

     into the system at the Francis Scott Key Bridge, the District 
     government shall collect, and the Secretary of Defense shall 
     pay, the difference to the District government in accordance 
     with the requirements for collecting and making payments 
     under this section.''.
       (d) Effective Date.--This section and the amendments made 
     by this section shall apply with respect to fiscal year 2002 
     and each succeeding fiscal year.

                          Washington Aqueduct

       For operation of the Washington Aqueduct, $46,510,000 from 
     other funds.

              Stormwater Permit Compliance Enterprise Fund

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

              Lottery and Charitable Games Enterprise Fund

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

                  Sports and Entertainment Commission

       For the Sports and Entertainment Commission, $9,627,000 
     (including $2,177,000 to be derived by transfer from the 
     general fund of the District of Columbia and $7,450,000 from 
     other funds): Provided, That the transfer of $2,177,000 from 
     the general fund shall not be made unless the District of 
     Columbia general fund has received $2,177,000 from the D.C. 
     Sports and Entertainment Commission prior to September 30, 
     2001: Provided further, That the Mayor shall submit a budget 
     for the Armory Board for the forthcoming fiscal year as 
     required by section 442(b) of the District of Columbia Home 
     Rule Act (87 Stat. 824; Public Law 93-198; D.C. Official 
     Code, sec. 1-204.42(b)).

                 District of Columbia Retirement Board

       For the District of Columbia Retirement Board, established 
     by section 121 of the District of Columbia Retirement Reform 
     Act of 1979 (93 Stat. 866; D.C. Official Code, sec. 1-711), 
     $13,388,000 from the earnings of the applicable retirement 
     funds to pay legal, management, investment, and other fees 
     and administrative expenses of the District of Columbia 
     Retirement Board: Provided, That the District of Columbia 
     Retirement Board shall provide to the Congress and to the 
     Council of the District of Columbia a quarterly report of the 
     allocations of charges by fund and of expenditures of all 
     funds: Provided further, That the District of Columbia 
     Retirement Board shall provide the Mayor, for transmittal to 
     the Council of the District of Columbia, an itemized 
     accounting of the planned use of appropriated funds in time 
     for each annual budget submission and the actual use of such 
     funds in time for each annual audited financial report.

              Washington Convention Center Enterprise Fund

       For the Washington Convention Center Enterprise Fund, 
     $57,278,000 from other funds.

                         Housing Finance Agency

       For the Housing Finance Agency, $4,711,000 from other 
     funds.

              National Capital Revitalization Corporation

       For the National Capital Revitalization Corporation, 
     $2,673,000 from other funds.

                             CAPITAL OUTLAY


                        (including rescissions)

       For construction projects, an increase of $1,550,787,000 of 
     which $1,348,783,000 shall be from local funds, $44,431,000 
     from Highway Trust funds, and $157,573,000 from Federal 
     funds, and a rescission of $476,182,000 from local funds 
     appropriated under this heading in prior fiscal years, for a 
     net amount of $1,074,605,000 to remain available until 
     expended: Provided, That funds for use of each capital 
     project implementing agency shall be managed and controlled 
     in accordance with all procedures and limitations established 
     under the Financial Management System: Provided further, That 
     all funds provided by this appropriation title shall be 
     available only for the specific projects and purposes 
     intended: Provided further, That the capital budget for the 
     Department of Health shall not be available until the 
     District of Columbia Council's Committee on Human Services 
     receives a report on the use of any capital funds for 
     projects on the grounds of D.C. General Hospital: Provided 
     further, That notwithstanding the foregoing, all 
     authorizations for capital outlay projects, except those 
     projects covered by the first sentence of section 23(a) of 
     the Federal Aid Highway Act of 1968 (82 Stat. 827; Public Law 
     90-495), for which funds are provided by this appropriation 
     title, shall expire on September 30, 2003, except 
     authorizations for projects as to which funds have been 
     obligated in whole or in part prior to September 30, 2003: 
     Provided further, That upon expiration of any such project 
     authorization, the funds provided herein for the project 
     shall lapse: Provided further, That except for funds approved 
     in the budgets prior to the fiscal year 2002 budget and FL-
     MA2 in the fiscal year 2002 Budget Request, no funds may be 
     expended to renovate, rehabilitate or construct any facility 
     within the boundaries of census tract 68.04 for any purpose 
     associated with the D.C. Department of Corrections, the 
     CSOSA, or the federal Bureau of Prisons unit until March 31, 
     2002 or until such time as the Mayor shall present to the 
     Council for its approval, a plan for the development of 
     census tract 68.04 south of East Capitol Street, S.E., and 
     the housing of any misdemeanants, felons, ex-offenders, or 
     persons awaiting trial within the District of Columbia, 
     whichever occurs earlier: Provided further, That none of the 
     conditions set forth in this paragraph shall interfere with 
     the current operations of any Federal agency: Provided 
     further, That none of the conditions set forth shall restrict 
     the ongoing operations of the Department of Corrections.

                           GENERAL PROVISIONS

       Sec. 101. Whenever in this Act, an amount is specified 
     within an appropriation for particular purposes or objects of 
     expenditure, such amount, unless otherwise specified, shall 
     be considered as the maximum amount that may be expended for 
     said purpose or object rather than an amount set apart 
     exclusively therefor.
       Sec. 102. Appropriations in this Act shall be available for 
     expenses of travel and for the payment of dues of 
     organizations concerned with the work of the District of 
     Columbia government, when authorized by the Mayor: Provided, 
     That in the case of the Council of the District of Columbia, 
     funds may be expended with the authorization of the chair of 
     the Council.
       Sec. 103. There are appropriated from the applicable funds 
     of the District of Columbia such sums as may be necessary for 
     making refunds and for the payment of legal settlements or 
     judgments that have been entered against the District of 
     Columbia government: Provided, That nothing contained in this 
     section shall be construed as modifying or affecting the 
     provisions of section 11(c)(3) of title XII of the District 
     of Columbia Income and Franchise Tax Act of 1947 (70 Stat. 
     78; Public Law 84-460; D.C. Code, sec. 47-1812.11(c)(3)).
       Sec. 104. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 105. No funds appropriated in this Act for the 
     District of Columbia government for the operation of 
     educational institutions, the compensation of personnel, or 
     for other educational purposes may be used to permit, 
     encourage, facilitate, or further partisan political 
     activities. Nothing herein is intended to prohibit the 
     availability of school buildings for the use of any community 
     or partisan political group during non-school hours.
       Sec. 106. None of the funds appropriated in this Act shall 
     be made available to pay the salary of any employee of the 
     District of Columbia government whose name, title, grade, and 
     salary are not available for inspection by the House and 
     Senate Committees on Appropriations, the House Committee on 
     Government Reform, the Senate Committee on Governmental 
     Affairs, and the Council of the District of Columbia, or 
     their duly authorized representative.
       Sec. 107.(a) Except as provided in subsection (b), no part 
     of this appropriation shall be used for publicity or 
     propaganda purposes or implementation of any policy including 
     boycott designed to support or defeat legislation pending 
     before Congress or any State legislature.
       (b) The District of Columbia may use local funds provided 
     in this Act to carry out lobbying activities on any matter 
     other than--
       (1) the promotion or support of any boycott; or
       (2) statehood for the District of Columbia or voting 
     representation in Congress for the District of Columbia.
       (c) Nothing in this section may be construed to prohibit 
     any elected official from advocating with respect to any of 
     the issues referred to in subsection (b).
       Sec. 108. At the start of the fiscal year, the Mayor shall 
     develop an annual plan, by quarter and by project, for 
     capital outlay borrowings: Provided, That within a reasonable 
     time after the close of each quarter, the Mayor shall report 
     to the Council of the District of Columbia and the Congress 
     the actual borrowings and spending progress compared with 
     projections.
       Sec. 109. (a) None of the funds provided under this Act to 
     the agencies funded by this Act, both Federal and District 
     government agencies, that remain available for obligation or 
     expenditure in fiscal year 2002, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditure for an 
     agency through a reprogramming of funds which: (1) creates 
     new programs; (2) eliminates a program, project, or 
     responsibility center; (3) establishes or changes allocations 
     specifically denied, limited or increased by Congress in this 
     Act; (4) increases funds or personnel by any means for any 
     program, project, or responsibility center for which funds 
     have been denied or restricted; (5) reestablishes through 
     reprogramming any program or project previously deferred 
     through reprogramming; (6) augments existing programs, 
     projects, or responsibility centers through a reprogramming 
     of funds in excess of $1,000,000 or 10 percent, whichever is 
     less; or (7) increases by 20 percent or more personnel 
     assigned to a specific program, project or responsibility 
     center; unless the Committees on Appropriations of both the 
     Senate and House of Representatives are notified in writing 
     30 days in advance of any reprogramming as set forth in this 
     section.

[[Page 24081]]

       (b) None of the local funds contained in this Act may be 
     available for obligation or expenditure for an agency through 
     a transfer of any local funds from one appropriation heading 
     to another unless the Committees on Appropriations of the 
     Senate and House of Representatives are notified in writing 
     30 days in advance of the transfer, except that in no event 
     may the amount of any funds transferred exceed four percent 
     of the local funds in the appropriation.
       Sec. 110. Consistent with the provisions of 31 U.S.C. 
     1301(a), appropriations under this Act shall be applied only 
     to the objects for which the appropriations were made except 
     as otherwise provided by law.
       Sec. 111. (a) Notwithstanding any other provisions of law, 
     the provisions of the District of Columbia Government 
     Comprehensive Merit Personnel Act of 1978 (D.C. Law 2-139; 
     D.C. Official Code, sec. 1-601.01 et seq.), enacted pursuant 
     to section 422(3) of the District of Columbia Home Rule Act 
     (87 Stat. 790; Public Law 93-198; D.C. Official Code, sec. 1-
     204.22(3)), shall apply with respect to the compensation of 
     District of Columbia employees: Provided, That for pay 
     purposes, employees of the District of Columbia government 
     shall not be subject to the provisions of title 5, United 
     States Code.
       (b)(1) Certification of Need by Chief Technology Officer.--
     Section 2706(b) of the District of Columbia Government 
     Comprehensive Merit Personnel Act of 1978, as added by 
     section 2 of the District Government Personnel Exchange 
     Agreement Amendment Act of 2000 (D.C. Law 13-296), is amended 
     by inserting after ``Director of Personnel'' each place it 
     appears the following: ``(or the Chief Technology Officer, in 
     the case of the Office of the Chief Technology Officer)''.
       (2) Inclusion of Overhead Costs in Agreements.--Section 
     2706(c)(3) of such Act is amended by striking the period at 
     the end and inserting the following: ``, except that in the 
     case of the Office of the Chief Technology Officer, general 
     and administrative costs shall include reasonable overhead 
     costs and shall be calculated by the Chief Technology Officer 
     (as determined under such criteria as the Chief Technology 
     Officer independently deems appropriate subject to the review 
     of the City Administrator, including a consideration of 
     standards used to calculate general, administrative, and 
     overhead costs for off-site employees found in Federal law 
     and regulation and in general private industry practice).''.
       (3) Reporting Requirement.--Section 2706 of such Act is 
     amended--
       (A) by redesignating subsection (f) as subsection (g); and
       (B) by inserting after subsection (e) the following new 
     subsection:
       ``(f) Not later than 45 days after the end of each fiscal 
     year (beginning with fiscal year 2002), the Chief Technology 
     Officer shall prepare and submit to the Council and to the 
     Committees on Appropriations of the House of Representatives 
     and Senate a report describing all agreements entered into by 
     the Chief Technology Officer under this section which are in 
     effect during the fiscal year.''.
       (c) The authority which the Chief Financial Officer of the 
     District of Columbia exercised with respect to personnel, 
     procurement, and the preparation of fiscal impact statements 
     during a control period (as defined in Public Law 104-8) 
     shall remain in effect through July 1, 2002.
       (d) Section 424(b)(3) of the District of Columbia Home Rule 
     Act (sec. 1-204.24b(c), D.C. Official Code) is amended--
       (1) by striking ``determined'' and all that follows through 
     ``exceed'' and inserting ``equal to''; and
       (2) by striking ``IV'' and inserting ``I''.
       (e) Effective Date.--The amendment made by subsection (d) 
     shall apply with respect to pay periods in fiscal year 2002 
     and each succeeding fiscal year.
       Sec. 112. No later than 30 days after the end of the first 
     quarter of the fiscal year ending September 30, 2002, the 
     Mayor of the District of Columbia shall submit to the Council 
     of the District of Columbia the new fiscal year 2002 revenue 
     estimates as of the end of the first quarter of fiscal year 
     2002. These estimates shall be used in the budget request for 
     the fiscal year ending September 30, 2003. The officially 
     revised estimates at midyear shall be used for the midyear 
     report.
       Sec. 113. No sole source contract with the District of 
     Columbia government or any agency thereof may be renewed or 
     extended without opening that contract to the competitive 
     bidding process as set forth in section 303 of the District 
     of Columbia Procurement Practices Act of 1985 (D.C. Law 6-85; 
     D.C. Code, sec. 2-303.3), except that the District of 
     Columbia government or any agency thereof may renew or extend 
     sole source contracts for which competition is not feasible 
     or practical: Provided, That the determination as to whether 
     to invoke the competitive bidding process has been made in 
     accordance with duly promulgated rules and procedures and 
     said determination has been reviewed and certified by the 
     Chief Financial Officer of the District of Columbia.
       Sec. 114. (a) In the event a sequestration order is issued 
     pursuant to the Balanced Budget and Emergency Deficit Control 
     Act of 1985 (99 Stat. 1037; Public Law 99-177), after the 
     amounts appropriated to the District of Columbia for the 
     fiscal year involved have been paid to the District of 
     Columbia, the Mayor of the District of Columbia shall pay to 
     the Secretary of the Treasury, within 15 days after receipt 
     of a request therefor from the Secretary of the Treasury, 
     such amounts as are sequestered by the order: Provided, That 
     the sequestration percentage specified in the order shall be 
     applied proportionately to each of the Federal appropriation 
     accounts in this Act that are not specifically exempted from 
     sequestration by such Act.
       (b) For purposes of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 (99 Stat. 1037; Public Law 99-
     177), the term ``program, project, and activity'' shall be 
     synonymous with and refer specifically to each account 
     appropriating Federal funds in this Act, and any 
     sequestration order shall be applied to each of the accounts 
     rather than to the aggregate total of those accounts: 
     Provided, That sequestration orders shall not be applied to 
     any account that is specifically exempted from sequestration 
     by the Balanced Budget and Emergency Deficit Control Act of 
     1985.
       Sec. 115. Acceptance and Use of Gifts. (a) Approval by 
     Mayor.--
       (1) In general.--An entity of the District of Columbia 
     government may accept and use a gift or donation during 
     fiscal year 2002 if--
       (A) the Mayor approves the acceptance and use of the gift 
     or donation (except as provided in paragraph (2)); and
       (B) the entity uses the gift or donation to carry out its 
     authorized functions or duties.
       (2) Exception for council and courts.--The Council of the 
     District of Columbia and the District of Columbia courts may 
     accept and use gifts without prior approval by the Mayor.
       (b) Records and Public Inspection.--Each entity of the 
     District of Columbia government shall keep accurate and 
     detailed records of the acceptance and use of any gift or 
     donation under subsection (a), and shall make such records 
     available for audit and public inspection.
       (c) Independent Agencies Included.--For the purposes of 
     this section, the term ``entity of the District of Columbia 
     government'' includes an independent agency of the District 
     of Columbia.
       (d) Exception for Board of Education.--This section shall 
     not apply to the District of Columbia Board of Education, 
     which may, pursuant to the laws and regulations of the 
     District of Columbia, accept and use gifts to the public 
     schools without prior approval by the Mayor.
       Sec. 116. None of the Federal funds provided in this Act 
     may be used by the District of Columbia to provide for 
     salaries, expenses, or other costs associated with the 
     offices of United States Senator or United States 
     Representative under section 4(d) of the District of Columbia 
     Statehood Constitutional Convention Initiatives of 1979 (D.C. 
     Law 3-171; D.C. Official Code, sec. 1-123).
       Sec. 117. None of the funds appropriated under this Act 
     shall be expended for any abortion except where the life of 
     the mother would be endangered if the fetus were carried to 
     term or where the pregnancy is the result of an act of rape 
     or incest.
       Sec. 118. None of the Federal funds made available in this 
     Act may be used to implement or enforce the Health Care 
     Benefits Expansion Act of 1992 (D.C. Law 9-114; D.C. Official 
     Code, sec. 32-701 et seq.) or to otherwise implement or 
     enforce any system of registration of unmarried, cohabiting 
     couples, including but not limited to registration for the 
     purpose of extending employment, health, or governmental 
     benefits to such couples on the same basis that such benefits 
     are extended to legally married couples.
       Sec. 119. Acceptance and Use of Grants Not Included in 
     Ceiling. (a) In General.--Notwithstanding any other provision 
     of this Act, the Mayor, in consultation with the Chief 
     Financial Officer may accept, obligate, and expend Federal, 
     private, and other grants received by the District government 
     that are not reflected in the amounts appropriated in this 
     Act.
       (b) Requirement of Chief Financial Officer Report and 
     Council Approval.--No such Federal, private, or other grant 
     may be accepted, obligated, or expended pursuant to 
     subsection (a) until--
       (1) the Chief Financial Officer of the District of Columbia 
     submits to the Council a report setting forth detailed 
     information regarding such grant; and
       (2) the Council within 15 calendar days after receipt of 
     the report submitted under (1) has reviewed and approved the 
     acceptance, obligation, and expenditure of such grant.
       (c) Prohibition on Spending in Anticipation of Approval or 
     Receipt.--No amount may be obligated or expended from the 
     general fund or other funds of the District government in 
     anticipation of the approval or receipt of a grant under 
     subsection (b)(2) of this section or in anticipation of the 
     approval or receipt of a Federal, private, or other grant not 
     subject to such paragraph.
       (d) Quarterly Reports.--The Chief Financial Officer of the 
     District of Columbia shall prepare a quarterly report setting 
     forth detailed information regarding all Federal, private, 
     and other grants subject to this section. Each such report 
     shall be submitted to the Council of the District of 
     Columbia, and to the Committees on Appropriations of the 
     House of Representatives and the Senate, not later than 15 
     days after the end of the quarter covered by the report.
       Sec. 120. (a) Restrictions on Use of Official Vehicles.--
     Except as otherwise provided in this section, none of the 
     funds made available by this Act or by any other Act may be 
     used to provide any officer or employee of the District of 
     Columbia with an official vehicle unless the officer or 
     employee uses the vehicle only in the performance of the 
     officer's or employee's official duties. For purposes of this 
     paragraph, the term ``official duties'' does not include 
     travel between the officer's or employee's residence and

[[Page 24082]]

     workplace (except: (1) in the case of an officer or employee 
     of the Metropolitan Police Department who resides in the 
     District of Columbia or is otherwise designated by the Chief 
     of the Department; (2) at the discretion of the Fire Chief, 
     an officer or employee of the District of Columbia Fire and 
     Emergency Medical Services Department who resides in the 
     District of Columbia and is on call 24 hours a day; (3) the 
     Mayor of the District of Columbia; and (4) the Chairman of 
     the Council of the District of Columbia).
       (b) Inventory of Vehicles.--The Chief Financial Officer of 
     the District of Columbia shall submit, by November 15, 2001, 
     an inventory, as of September 30, 2001, of all vehicles 
     owned, leased or operated by the District of Columbia 
     government. The inventory shall include, but not be limited 
     to, the department to which the vehicle is assigned; the year 
     and make of the vehicle; the acquisition date and cost; the 
     general condition of the vehicle; annual operating and 
     maintenance costs; current mileage; and whether the vehicle 
     is allowed to be taken home by a District officer or employee 
     and if so, the officer or employee's title and resident 
     location.
       (c) No officer or employee of the District of Columbia 
     government (including any independent agency of the District 
     but excluding the Office of the Chief Technology Officer, the 
     Chief Financial Officer of the District of Columbia, and the 
     Metropolitan Police Department) may enter into an agreement 
     in excess of $2,500 for the procurement of goods or services 
     on behalf of any entity of the District government until the 
     officer or employee has conducted an analysis of how the 
     procurement of the goods and services involved under the 
     applicable regulations and procedures of the District 
     government would differ from the procurement of the goods and 
     services involved under the Federal supply schedule and other 
     applicable regulations and procedures of the General Services 
     Administration, including an analysis of any differences in 
     the costs to be incurred and the time required to obtain the 
     goods or services.
       Sec. 121. Notwithstanding any other provision of law, not 
     later than 120 days after the date that a District of 
     Columbia Public Schools (DCPS) student is referred for 
     evaluation or assessment--
       (1) the District of Columbia Board of Education, or its 
     successor, and DCPS shall assess or evaluate a student who 
     may have a disability and who may require special education 
     services; and
       (2) if a student is classified as having a disability, as 
     defined in section 101(a)(1) of the Individuals with 
     Disabilities Education Act (84 Stat. 175; 20 U.S.C. 
     1401(a)(1)) or in section 7(8) of the Rehabilitation Act of 
     1973 (87 Stat. 359; 29 U.S.C. 706(8)), the Board and DCPS 
     shall place that student in an appropriate program of special 
     education services.
       Sec. 122. (a) Compliance With Buy American Act.--No funds 
     appropriated in this Act may be made available to any person 
     or entity that violates the Buy American Act (41 U.S.C. 10a-
     10c).
       (b) Sense of the Congress; Requirement Regarding Notice.--
       (1) Purchase of american-made equipment and products.--In 
     the case of any equipment or product that may be authorized 
     to be purchased with financial assistance provided using 
     funds made available in this Act, it is the sense of the 
     Congress that entities receiving the assistance should, in 
     expending the assistance, purchase only American-made 
     equipment and products to the greatest extent practicable.
       (2) Notice to recipients of assistance.--In providing 
     financial assistance using funds made available in this Act, 
     the head of each agency of the Federal or District of 
     Columbia government shall provide to each recipient of the 
     assistance a notice describing the statement made in 
     paragraph (1) by the Congress.
       (c) Prohibition of Contracts With Persons Falsely Labeling 
     Products as Made in America.--If it has been finally 
     determined by a court or Federal agency that any person 
     intentionally affixed a label bearing a ``Made in America'' 
     inscription, or any inscription with the same meaning, to any 
     product sold in or shipped to the United States that is not 
     made in the United States, the person shall be ineligible to 
     receive any contract or subcontract made with funds made 
     available in this Act, pursuant to the debarment, suspension, 
     and ineligibility procedures described in sections 9.400 
     through 9.409 of title 48, Code of Federal Regulations.
       Sec. 123. None of the funds contained in this Act may be 
     used for purposes of the annual independent audit of the 
     District of Columbia government for fiscal year 2002 unless--
       (1) the audit is conducted by the Inspector General of the 
     District of Columbia, in coordination with the Chief 
     Financial Officer of the District of Columbia, pursuant to 
     section 208(a)(4) of the District of Columbia Procurement 
     Practices Act of 1985 (D.C. Official Code, sec. 2-302.8); and
       (2) the audit includes as a basic financial statement a 
     comparison of audited actual year-end results with the 
     revenues submitted in the budget document for such year and 
     the appropriations enacted into law for such year using the 
     format, terminology, and classifications contained in the law 
     making the appropriations for the year and its legislative 
     history.
       Sec. 124. None of the funds contained in this Act may be 
     used by the District of Columbia Corporation Counsel or any 
     other officer or entity of the District government to provide 
     assistance for any petition drive or civil action which seeks 
     to require Congress to provide for voting representation in 
     Congress for the District of Columbia.
       Sec. 125. (a) None of the funds contained in this Act may 
     be used for any program of distributing sterile needles or 
     syringes for the hypodermic injection of any illegal drug.
       (b) Any individual or entity who receives any funds 
     contained in this Act and who carries out any program 
     described in subsection (a) shall account for all funds used 
     for such program separately from any funds contained in this 
     Act.
       Sec. 126. None of the funds contained in this Act may be 
     used after the expiration of the 60-day period that begins on 
     the date of the enactment of this Act to pay the salary of 
     any chief financial officer of any office of the District of 
     Columbia government (including any independent agency of the 
     District) who has not filed a certification with the Mayor 
     and the Chief Financial Officer of the District of Columbia 
     that the officer understands the duties and restrictions 
     applicable to the officer and the officer's agency as a 
     result of this Act (and the amendments made by this Act), 
     including any duty to prepare a report requested either in 
     the Act or in any of the reports accompanying the Act and the 
     deadline by which each report must be submitted, and the 
     District's Chief Financial Officer shall provide to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives by the 10th day after the end of each quarter 
     a summary list showing each report, the due date and the date 
     submitted to the Committees.
       Sec. 127. (a) None of the funds contained in this Act may 
     be used to enact or carry out any law, rule, or regulation to 
     legalize or otherwise reduce penalties associated with the 
     possession, use, or distribution of any schedule I substance 
     under the Controlled Substances Act (21 U.S.C. 802) or any 
     tetrahydrocannabinols derivative.
       (b) The Legalization of Marijuana for Medical Treatment 
     Initiative of 1998, also known as Initiative 59, approved by 
     the electors of the District of Columbia on November 3, 1998, 
     shall not take effect.
       Sec. 128. Nothing in this Act may be construed to prevent 
     the Council or Mayor of the District of Columbia from 
     addressing the issue of the provision of contraceptive 
     coverage by health insurance plans, but it is the intent of 
     Congress that any legislation enacted on such issue should 
     include a ``conscience clause'' which provides exceptions for 
     religious beliefs and moral convictions.


                  prompt payment of appointed counsel

       Sec. 129. (a) Assessment of Interest for Delayed 
     Payments.--If the Superior Court of the District of Columbia 
     or the District of Columbia Court of Appeals does not make a 
     payment described in subsection (b) prior to the expiration 
     of the 45-day period which begins on the date the Court 
     receives a completed voucher for a claim for the payment, 
     interest shall be assessed against the amount of the payment 
     which would otherwise be made to take into account the period 
     which begins on the day after the expiration of such 45-day 
     period and which ends on the day the Court makes the payment.
       (b) Payments Described.--A payment described in this 
     subsection is--
       (1) a payment authorized under section 11-2604 and section 
     11-2605, D.C. Code (relating to representation provided under 
     the District of Columbia Criminal Justice Act);
       (2) a payment for counsel appointed in proceedings in the 
     Family Division of the Superior Court of the District of 
     Columbia under chapter 23 of title 16, D.C. Code; or
       (3) a payment for counsel authorized under section 21-2060, 
     D.C. Code (relating to representation provided under the 
     District of Columbia Guardianship, Protective Proceedings, 
     and Durable Power of Attorney Act of 1986).
       (c) Standards for Submission of Completed Vouchers.--The 
     chief judges of the Superior Court of the District of 
     Columbia and the District of Columbia Court of Appeals shall 
     establish standards and criteria for determining whether 
     vouchers submitted for claims for payments described in 
     subsection (b) are complete, and shall publish and make such 
     standards and criteria available to attorneys who practice 
     before such Courts.
       (d) Rule of Construction.--Nothing in this section shall be 
     construed to require the assessment of interest against any 
     claim (or portion of any claim) which is denied by the Court 
     involved.
       (e) Effective Date.--This section shall apply with respect 
     to claims received by the Superior Court of the District of 
     Columbia or the District of Columbia Court of Appeals during 
     fiscal year 2002, and claims received previously that remain 
     unpaid at the end of fiscal year 2001, and would have 
     qualified for interest payment under this section.

   Federal Contribution for Enforcement of Law Banning Possession of 
                       Tobacco Products by Minors

       Sec. 130. (a) Contribution.--There is hereby appropriated a 
     Federal contribution of $100,000 to the Metropolitan Police 
     Department of the District of Columbia, effective upon the 
     enactment by the District of Columbia of a law which reads as 
     follows:


           ``BAN ON POSSESSION OF TOBACCO PRODUCTS BY MINORS

       ``Section 1. (a) In General.--It shall be unlawful for any 
     individual under 18 years of age to possess any cigarette or 
     other tobacco product in the District of Columbia.
       ``(b) Exceptions.--
       ``(1) Possession in course of employment.--Subsection (a) 
     shall not apply with respect to an individual making a 
     delivery of cigarettes or tobacco products in pursuance of 
     employment.

[[Page 24083]]

       ``(2) Participation in law enforcement operation.--
     Subsection (a) shall not apply with respect to an individual 
     possessing products in the course of a valid, supervised law 
     enforcement operation.
       ``(c) Penalties.--Any individual who violates subsection 
     (a) shall be subject to the following penalties:
       ``(1) For any violation, the individual may be required to 
     perform community service or attend a tobacco cessation 
     program.
       ``(2) Upon the first violation, the individual shall be 
     subject to a civil penalty not to exceed $50.
       ``(3) Upon the second and each subsequent violation, the 
     individual shall be subject to a civil penalty not to exceed 
     $100.
       ``(4) Upon the third and each subsequent violation, the 
     individual may have his or her driving privileges in the 
     District of Columbia suspended for a period of 90 consecutive 
     days.''.
       (b) Use of Contribution.--The Metropolitan Police 
     Department shall use the contribution made under subsection 
     (a) to enforce the law referred to in such subsection.
       Sec. 131. The Mayor of the District of Columbia shall 
     submit to the Senate and House Committees on Appropriations, 
     the Senate Governmental Affairs Committee, and the House 
     Government Reform Committee quarterly reports addressing the 
     following issues: (1) crime, including the homicide rate, 
     implementation of community policing, the number of police 
     officers on local beats, and the closing down of open-air 
     drug markets; (2) access to drug abuse treatment, including 
     the number of treatment slots, the number of people served, 
     the number of people on waiting lists, and the effectiveness 
     of treatment programs; (3) management of parolees and pre-
     trial violent offenders, including the number of halfway 
     house escapes and steps taken to improve monitoring and 
     supervision of halfway house residents to reduce the number 
     of escapes to be provided in consultation with the Court 
     Services and Offender Supervision Agency; (4) education, 
     including access to special education services and student 
     achievement to be provided in consultation with the District 
     of Columbia Public Schools; (5) improvement in basic District 
     services, including rat control and abatement; (6) 
     application for and management of Federal grants, including 
     the number and type of grants for which the District was 
     eligible but failed to apply and the number and type of 
     grants awarded to the District but for which the District 
     failed to spend the amounts received; and (7) indicators of 
     child well-being.
       Sec. 132. Nothing in this Act bars the District of Columbia 
     Corporation Counsel from reviewing or commenting on briefs in 
     private lawsuits, or from consulting with officials of the 
     District government regarding such lawsuits.


                             RESERVE FUNDS

       Sec. 133. (a) In General.--Section 202(j) of Public Law 
     104-8, the District of Columbia Financial Responsibility and 
     Management Assistance Act of 1995 is amended to read as 
     follows:
       ``(j) Reserve Funds.--
       ``(1) Budget reserve.--
       ``(A) In general.--For each of the fiscal years 2002 and 
     2003, the budget of the District government for the fiscal 
     year shall contain a budget reserve in the following amounts:
       ``(i) $120,000,000, in the case of fiscal year 2002.
       ``(ii) $70,000,000, in the case of fiscal year 2003.
       ``(B) Availability of funds.--Any amount made available 
     from the budget reserve described in subparagraph (A) shall 
     remain available until expended.
       ``(C) Availability of fiscal year 2001 budget reserve 
     funds.--For fiscal year 2001, any amount in the budget 
     reserve shall remain available until expended.
       ``(2) Cumulative cash reserve.--In addition to any other 
     cash reserves required under section 450A of the District of 
     Columbia Home Rule Act, for each of the fiscal years 2004 and 
     2005, the budget of the District government for the fiscal 
     year shall contain a cumulative cash reserve of $50,000,000.
       ``(3) Conditions on use.--The District of Columbia may 
     obligate or expend amounts in the budget reserve under 
     paragraph (1) or the cumulative cash reserve under paragraph 
     (2) only in accordance with the following conditions:
       ``(A) The Chief Financial Officer of the District of 
     Columbia shall certify that the amounts are available.
       ``(B) The amounts shall be obligated or expended in 
     accordance with laws enacted by the Council in support of 
     each such obligation or expenditure.
       ``(C) The amounts may not be used to fund the agencies of 
     the District of Columbia government under court ordered 
     receivership.
       ``(D) The amounts may be obligated or expended only if the 
     Mayor notifies the Committees on Appropriations of the House 
     of Representatives and Senate in writing 30 days in advance 
     of any obligation or expenditure.
       ``(4) Replenishment.--Any amount of the budget reserve 
     under paragraph (1) or the cumulative cash reserve under 
     paragraph (2) which is expended in one fiscal year shall be 
     replenished in the following fiscal year appropriations to 
     maintain the required balance.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect October 1, 2001.
       (c) Conforming Amendments.--Section 159(c) of the District 
     of Columbia Appropriations Act, 2001 (Public Law 106-522; 114 
     Stat. 2482) is amended to read as follows:
       ``(c) Effective Date.--
       ``(1) In general.--Except as provided in paragraph (2), 
     this section and the amendments made by this section shall 
     take effect on October 1, 2000.
       ``(2) Repeal of positive fund balance requirement.--The 
     amendment made by subsection (b)(2) shall take effect October 
     1, 1999.
       ``(3) Transfer of funds.--All funds identified by the 
     District government pursuant to section 148 of Public Law 
     106-113, as reflected in the certified annual financial 
     report for fiscal year 2000, shall be deposited during fiscal 
     year 2002 into the Emergency and Contingency Reserve Funds 
     established pursuant to Section 159 of Public Law 106-522, 
     during fiscal year 2002.''.


       (d) Contingency Reserve Fund.--Section 450A(b) of the Home 
     Rule Act (Public Law 93-198) is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) In general.--There is established a contingency cash 
     reserve fund (in this subsection referred to as the 
     `contingency reserve fund') as an interest-bearing account 
     (separate from other accounts in the General Fund) into which 
     the Mayor shall deposit in cash not later than October 1 of 
     each fiscal year (beginning with fiscal year 2002) such 
     amount as may be required to maintain a balance in the fund 
     of at least 3 percent of the total budget appropriated for 
     operating expenditures for such fiscal year which is derived 
     from local funds (or, in the case of fiscal years prior to 
     fiscal year 2007, such amount as may be required to maintain 
     a balance in the fund of at least the minimum contingency 
     reserve balance for such fiscal year, as determined under 
     paragraph (2)).''; and
       (2) by striking subparagraph (B) of paragraph (2) and 
     inserting the following:
       ``(B) Applicable percentage defined.--In subparagraph (A), 
     the `applicable percentage' with respect to a fiscal year 
     means the following:
       ``(i) For fiscal year 2002, 0 percent.
       ``(ii) For fiscal year 2003, 0 percent.
       ``(iii) For fiscal year 2004, 0 percent.
       ``(iv) For fiscal year 2005, 1 percent.
       ``(v) For fiscal year 2006, 2 percent.''.
       Sec. 134. Integrated Product Team. No funds appropriated by 
     this Act shall be available for an Integrated Product Team 
     until reorganization plans for the Integrated Product Team 
     and a Capital Construction Services Administration have been 
     approved, or deemed approved, by the Council: Provided, That 
     this paragraph shall not apply to funds appropriated for the 
     Office of Contracting and Procurement.
       Sec. 135. No later than 30 calendar days after the date of 
     the enactment of this Act, the Chief Financial Officer of the 
     District of Columbia shall submit to the appropriate 
     committees of Congress, the Mayor, and the Council a revised 
     appropriated funds operating budget in the format of the 
     budget that the District of Columbia government submitted 
     pursuant to section 442 of the District of Columbia Home Rule 
     Act (Public Law 93-198; D.C. Official Code, sec. 1-204.42), 
     for all agencies of the District of Columbia government for 
     such fiscal year that is in the total amount of the approved 
     appropriation and that realigns all budgeted data for 
     personal services and other-than-personal-services, 
     respectively, with anticipated actual expenditures.
       Sec. 136. Section 403 of the District of Columbia Home Rule 
     Act, approved December 24, 1973 (Public Law 93-198; D.C. 
     Official Code, sec. 1-204.03), is amended as follows:
       (1) Subsection (c) is amended by striking ``shall receive, 
     in addition to the compensation to which he is entitled as a 
     member of the Council, $10,000 per annum, payable in equal 
     installments, for each year he serves as Chairman, but the 
     Chairman''.
       (2) A new subsection (d) is added to read as follows:
       ``(d) Notwithstanding subsection (a), as of the effective 
     date of the District of Columbia Appropriations Act, 2001, 
     the Chairman shall receive compensation, payable in equal 
     installments, at a rate equal to $10,000 less than the annual 
     compensation of the Mayor.''.
       Sec. 137. Risk Management for Settlements and Judgments. In 
     addition to any other authority to pay claims and judgments, 
     any department, agency, or instrumentality of the District 
     government may pay the settlement or judgment of a claim or 
     lawsuit in an amount less than $10,000, in accordance with 
     the Risk Management for Settlements and Judgments Amendment 
     Act of 2000, effective October 19, 2000 (D.C. Law 13-172; 
     D.C. Official Code Sec. 2-402).
       Sec. 138. Notwithstanding section 602(c)(1) of the District 
     of Columbia Home Rule Act (sec. 1-206(c)(1), D.C. Code), the 
     Closing of Portions of 2nd and N Streets, N.E. and Alley 
     System in Square 710, S.O. 00-97, Act of 2001 (D.C. Act 14-
     106) shall take effect on the date of the enactment of such 
     Act or the date of the enactment of this Act, whichever is 
     later.
       Sec. 139. None of the funds contained in this Act may be 
     used to issue, administer, or enforce any order by the 
     District of Columbia Commission on Human Rights relating to 
     docket numbers 93-030-(PA) and 93-031-(PA).
       Sec. 140. (a) Notwithstanding 20 U.S.C. Sec. 1415, 42 
     U.S.C. Sec. 1988, 29 U.S.C Sec. 794a, or any other law, none 
     of the funds appropriated under this Act, or in 
     appropriations Acts for subsequent fiscal years, may be made 
     available to pay attorneys' fees accrued prior to the 
     effective date of this Act that exceeds a cap imposed on 
     attorneys' fees by prior appropriations Acts that were in 
     effect during the fiscal year when the work was performed, or 
     when payment was requested for work previously performed, in 
     an action or proceeding brought against the District

[[Page 24084]]

     of Columbia Public Schools under the Individuals with 
     Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).
       (b) No later than 60 days after the date of enactment of 
     this Act, the Superintendent of Schools for the District of 
     Columbia shall submit to the Committees on Appropriations for 
     the Senate and the House of Representatives a written report 
     for each of the fiscal years 1999, 2000, and 2001, detailing 
     a complete itemized list, by year, of the judgments for 
     attorneys' fees awarded to plaintiffs who prevailed in cases 
     brought against the District of Columbia or the District of 
     Columbia Public Schools under section 615(i)(3) of the 
     Individuals with Disabilities Education Act (20 U.S.C. 
     1415(i)(3)). Such report shall specify: (1) the amount of 
     each judgment; (2) the total amount paid on each judgment as 
     of the date of the report; (3) the principal balance 
     remaining due on each such judgment as of the date of the 
     report, the amount of interest due as of December 31, 2001 on 
     each unpaid amount; and the prospective annual rate of 
     interest applicable to the judgment as of January 1, 2002; 
     (4) the name of the Court and case number for each judgment; 
     (5) the aggregate total due in principal and interest on the 
     judgments; and (6) the amount paid by the District of 
     Columbia, in each case listed, to defense counsel 
     representing the District or the District of Columbia Public 
     Schools.
       Sec. 141. The Comptroller General, in consultation with the 
     relevant agencies and members of the Committees on 
     Appropriations Subcommittees on the District of Columbia, 
     shall submit by March 31, 2002 a report to the Committees on 
     Appropriations of the House and the Senate and the Committee 
     on Governmental Affairs of the Senate and the Committee on 
     Government Reform of the House of Representatives detailing 
     the awards in judgment rendered in the District of Columbia 
     that were in excess of the cap imposed by prior 
     appropriations Acts in effect during the fiscal year when the 
     work was performed, or when payment was requested for work 
     previously performed, in actions brought against the District 
     of Columbia Public Schools under the Individuals with 
     Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.): 
     Provided, That such report shall include a comparison, to the 
     extent practicable, of the causes of action and judgments 
     rendered against public school districts of comparable 
     demographics and population as the District.
       This Act may be cited as the ``District of Columbia 
     Appropriations Act, 2002''.
       And the Senate agree to the same.

     Joe Knollenberg,
     Ernest Istook,
     John T. Doolittle,
     John E. Sweeney,
     David Vitter,
     Bill Young,
     Chaka Fattah,
     Alan B. Mollohan,
                                Managers on the Part of the House.

     Mary L. Landrieu,
     Jack Reed,
     Daniel K. Inouye,
     Mike DeWine,
     Ted Stevens,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 2944) making 
     appropriations for the government of the District of Columbia 
     and other activities chargeable in whole or in part against 
     the revenues of said District for the fiscal year ending 
     September 30, 2002, and for other purposes, submit the 
     following joint statement to the House and the Senate in 
     explanation of the effect of the actions agreed upon by the 
     managers and recommended in the accompanying conference 
     report.
       The conference agreement on the District of Columbia 
     Appropriations Act, 2002, incorporates some of the provisions 
     of both the House and Senate versions of the bill. The 
     language and allocations set forth in House Report 107-216 
     and Senate Report 107-85 should be complied with unless 
     specifically addressed in the accompanying bill and statement 
     of the managers to the contrary. The agreement agreed to 
     herein, while repeating some report language for emphasis, 
     does not negate the language reference above unless expressly 
     provided. General provisions which are identical in the House 
     and Senate passed versions of H.R. 2944 are unchanged by the 
     conference agreement and are approved unless provided to the 
     contrary herein.
       A summary chart appears later in this statement just before 
     the explanations of the general provisions showing the 
     Federal appropriations by account and the allocation of 
     District funds by agency or office under each appropriation 
     title showing the fiscal year 2001 appropriation, the fiscal 
     year 2002 request, the House and Senate recommendations and 
     the conference allowance.

                             Federal Funds


              Federal Payment for Resident Tuition Support

       The conference agreement includes language requiring the 
     Federal payment for resident tuition support be deposited 
     into a dedicated account with any interest accrued to be used 
     on behalf of eligible District of Columbia residents. The 
     conference action requires quarterly financial reports from 
     the Chief Financial Officer on the use of resident tuition 
     funds and limits administrative expenses to seven percent of 
     the total amount appropriated herein rather than allowing 
     administrative expenses to be charged again on carryover 
     amounts.
       The conferees recognize and appreciate the important role 
     of Historically Black Colleges and Universities (HBCUs) in 
     educating citizens of the District of Columbia. Therefore, 
     conferees urge the prompt expansion of the District of 
     Columbia's Tuition Assistance Grant Program to make those 
     students attending HBCUs outside of the District of Columbia, 
     Maryland and Virginia eligible for grant assistance.


        Federal Payment for Incentives for Adoption of Children

       The conference agreement has approved extending the 
     availability until September 30, 2002 of the $5,000,000 
     approved in Public Law 106-113 dated November 29, 1999 for 
     this program. The conference action provides that $1,000,000 
     be used for the establishment of a scholarship fund for post 
     high school education and training for District children of 
     adoptive families as well as for District children without 
     parents due to the September 11, 2001 terrorist attack. The 
     language also allows the funds to be used to fund programs 
     included in amendments made by title 22 of the District's FY 
     2002 Budget Support Act to the Adoption Support Fund.
       The conferees encourage the Mayor to use funds made 
     available to create incentives to promote the adoption of 
     children in the District of Columbia foster care system, 
     including $2,000,000 for attorney fees and home studies, 
     $1,000,000 for establishment of a private adoptive family 
     resource center in the District to provide ongoing 
     information, education and support to adoptive families, and 
     $1,000,000 for adoption incentives and support for children 
     with special needs.


Federal Payment to the Capitol City Career Development and Job Training 
                              Partnership

       Appropriates $500,000 for a Federal payment to the Capitol 
     City Career Development and Job Training Partnership as 
     proposed by the House.


               Federal Payment to Capitol Education Fund

       Appropriates $500,000 to the Capitol Education Fund.


  Federal Payment to Metropolitan Kappa Youth Development Foundation, 
                                  Inc.

       Appropriates $450,000 to the Metropolitan Kappa Youth 
     Development Foundation, Inc.


 Federal Payment to the Fire and Emergency Medical Services Department

       Appropriates $500,000 to the Fire and Emergency Medical 
     Services Department for dry docking of the fire boat as 
     proposed by the House.


             Federal Payment to the Chief Medical Examiner

       Appropriates $585,000 for the Chief Medical Examiner for 
     reduction in the backlog of autopsies, case reports and for 
     the purchase of toxicology and histology equipment as 
     proposed by the House.


              Federal Payment to the Youth Life Foundation

       Appropriates $250,000 to the Youth Life Foundation for 
     technical assistance, operation expenses, and establishment 
     of a National Training Institute as proposed by the House.


                  Federal Payment to Food and Friends

       Appropriates $2,000,000 to Food and Friends for their 
     Capital Campaign as proposed by the House.


               Federal Payment to the City Administrator

       Appropriates $300,000 to the City Administrator for the 
     Criminal Justice Coordinating Council for the District of 
     Columbia as proposed by the House.


               Federal Payment to Southeastern University

       Appropriates $500,000 to Southeastern University for a 
     public/private partnership with the District of Columbia 
     Public Schools at the McKinley Technology High School campus 
     as proposed by the House instead of $250,000 as proposed by 
     the Senate.


       Federal Payment to the District of Columbia Public Schools

       Appropriates $2,500,000 to the District of Columbia Public 
     Schools of which $2,000,000 is for the Voyager Expanded 
     Learning Literacy Program in kindergarten and first grade 
     classrooms, $250,000 is for the Failure Free Reading Literacy 
     Program for non-readers and special education students and 
     $250,000 is for Lightspan, Inc. to implement the eduTest.com 
     program in the public school system.


 Federal Payments for District of Columbia and Federal Law Enforcement 
                Mobile Wireless Interoperability Project

       Appropriates $1,400,000 as proposed by the Senate in 
     support of the District of Columbia and Federal law 
     enforcement Mobile Wireless Interoperability Project as 
     follows: $400,000 to the District of Columbia Office of the 
     Chief Technology Officer, $333,334 to the United States 
     Secret Service, $333,333 to the United States Capitol Police, 
     and $333,333 to

[[Page 24085]]

     the United States Park Police. The conferees expect the 
     Secret Service, the Park Police, and the Capitol Police to 
     provide additional funding to continue this project through 
     their own appropriations or through existing interagency 
     funding pools in subsequent fiscal years.


   Federal Payment for Emergency Planning and Security Costs in the 
                          District of Columbia

       Appropriates $16,058,000 for emergency planning and 
     security costs in the District of Columbia of which 
     $12,652,000 is to be made available immediately to the 
     District's Emergency Management Agency for planning, 
     training, and personnel costs required for implementing the 
     emergency operations plan and $3,406,000 is to be made 
     available immediately for reimbursement for equipment 
     purchased to provide security for the planned meetings in 
     September 2001 of the World Bank and the International 
     Monetary Fund. The conference action requires the Mayor and 
     the Chairman of the Council of the District of Columbia, in 
     consultation with the Director of the Office of Personnel 
     Management, the United States Park Police, the United States 
     Capitol Police, the Washington Metropolitan Area Transit 
     Authority, regional transportation authorities, the Federal 
     Emergency Management Agency, the Governor of the State of 
     Maryland and the Governor of the Commonwealth of Virginia, 
     the county executives of the contiguous counties of the 
     regional and the respective state and local law enforcement 
     entities in the region, to develop an integrated emergency 
     operations plan for the District of Columbia in cases of 
     national security events, including terrorist threats, 
     protests, or other unanticipated events. The plan is to be 
     submitted to the Committees on Appropriations of the Senate 
     and House of Representatives no later than January 2, 2002. 
     In addition, the Chief Financial Officer is required to 
     provide quarterly reports on the use of the funds under this 
     heading beginning not later than April 2, 2002.


   Federal Payment to the Chief Financial Officer of the District of 
                                Columbia

       Appropriates $8,300,000 instead of $2,350,000 as proposed 
     by the House and $5,900,000 as proposed by the Senate. The 
     appropriation includes $1,000,000 for payment to the Excel 
     Institute Adult Education Program to be used by the Institute 
     for construction, $300,000 for payment to the Woodlawn 
     Cemetery for restoration of the Cemetery, $250,000 for 
     payment to the Real World Schools concerning 21st Century 
     reform models for secondary education and the use of 
     technology to support learning in the District of Columbia, 
     $300,000 for payment to a mentoring program and for hotline 
     services; $250,000 for payment to a youth development program 
     with character education initiative; $250,000 for payment to 
     a basic values training in the local public schools, 
     $2,250,000 for payment for a pilot project to demonstrate the 
     ``Active Cap'' river cleanup technology on the Anacostia 
     River, $500,000 for payment to the Washington, D.C. Sports 
     and Entertainment Commission, which in coordination with the 
     U.S. Soccer Foundation, shall use the funds for environmental 
     and infrastructure costs at the Kenilworth Park in the 
     creation of the Kenilworth Regional Sport Complex, $600,000 
     for payment to the One Economy Corporation to increase 
     Internet access to low-income homes in the District of 
     Columbia, $500,000 for payment to the Langston Project for 
     the 21st Century, a community revitalization project to 
     improve physical education and training facilities, 
     $1,000,000 for payment to the Green Door Program, for capital 
     improvements at a community mental health clinic, $500,000 
     for payment to the Historical Society of Washington for 
     capital improvements to the new City Museum; $200,000 to 
     Teach for America DC for teacher development, $50,000 to the 
     District of Columbia for initial renovations at Eastern 
     Market, $350,000 to the District of Columbia Safe Kids 
     Coalition to promote child passenger safety through the Child 
     Occupant Protection Initiative. The conferees direct the 
     District's Chief Financial Officer to make the above payments 
     directly to the organizations within 30 days of the enactment 
     of this Act. The conferees do not expect the Chief Financial 
     Officer to administer these programs or get involved in any 
     way with the programs except to ensure that the funds are 
     disbursed promptly and correctly to the proper organizations.
       The conferees encourage the District's Chief Financial 
     Officer to credit amounts reimbursed by the U.S. Marshals 
     Service for District of Columbia inmates housed in private 
     contract facilities directly to the District of Columbia 
     Department of Corrections for payment to a contract bed space 
     service provider.


    Federal Payment to the District of Columbia Corrections Trustee 
                               Operations

       Appropriates $30,200,000 instead of $32,700,000 as proposed 
     by the House and Senate. The reduction consists of $2,000,000 
     from building renovations and $500,000 from funds requested 
     for the closing of the sewage treatment plant and the removal 
     of underground storage tanks at the Lorton Correctional 
     Complex.


           federal payment to the district of columbia courts

       Appropriates $112,180,000 instead of $111,238,000 as 
     proposed by the House and $140,181,000 as proposed by the 
     Senate and allocates $66,091,000 as proposed by the House for 
     Superior Court instead of $72,694,000 as proposed by the 
     Senate, $31,594,000 for the Court System instead of 
     $31,149,000 as proposed by the House and $31,634,000 as 
     proposed by the Senate, and $6,492,000 for capital 
     improvements instead of $5,995,000 as proposed by the House 
     and $27,850,000 as proposed by the Senate. The conference 
     action deletes the proviso proposed by the House that would 
     have required approval by the Committees for the purchase, 
     installation and operation of an Integrated Justice 
     Information System. The conference action deletes language 
     proposed by the Senate that would have allowed the District 
     of Columbia Courts to reallocate not more than $1,000,000 of 
     funds provided under this heading among the items and 
     entities funded under such heading. The conference action 
     transfers the new District of Columbia Family Court to a 
     separate appropriation heading as proposed by the House 
     instead of as a proviso under this heading as proposed by the 
     Senate.


                       administrative provisions

       The conference agreement amends D.C. Official Code, sec. 
     11-1722(a) to remove the Director of Social Services in the 
     Superior Court from direct supervision of the Executive 
     Officer as proposed by the Senate.
       The conference agreement amends D.C. Official Code, sec. 
     11-1723(a)(3) to remove the internal auditing of the accounts 
     of the courts from the fiscal officer as proposed by the 
     Senate.
       Crime victims compensation.--The conference agreement 
     amends D.C. Official Code, sec. 4-515(d) and (e) concerning 
     the Victims of Violent Crime Compensation Fund to allow 50 
     percent of the estimated balance to be used for direct 
     compensation payments to crime victims through the Fund and 
     the balance for outreach activities designed to increase the 
     number of crime victims who apply for such direct 
     compensation payments. The language also provides that not 
     more than 5 percent of the total amount of monies in the Fund 
     may be used to pay administrative costs.
       The District's Chief Financial Officer is directed to 
     certify that priority is given to crime victim assistance 
     programs that provide assistance to victims of sexual 
     assault, domestic violence, or child abuse including but not 
     limited to abuse counseling, health and mental health 
     services, child advocacy centers, emergency housing, 
     emergency child care, transportation, hospital-based 
     informational and referral services, and family support. The 
     conferees recommend that the District government make funds 
     available for victim assistance programs which are aimed at 
     improving the intake, assessment, screening and investigation 
     of reports of child abuse and neglect and domestic violence.
       The District's Chief Financial Officer is directed to 
     certify that the program funds awarded to grantees under this 
     program are used to directly serve victims of crime.
       The conference agreement amends D.C. Official Code, sec. 
     11-2604 to increase the hourly rate for attorneys for 
     indigents appointed under the Criminal Justice Act (CJA) from 
     $50 per hour to $65 per hour and increases the rate paid to 
     investigators from $10 per hour to $25 per hour. The rates 
     are effective for cases initiated on or after March 1, 2002.
       Quality of CJA legal services.--The conferees strongly urge 
     the D. C. Superior Court to evaluate the quality of the legal 
     services rendered by lawyers appointed under the Criminal 
     Justice Act to handle juvenile delinquency cases. The Court 
     is urged to take immediate, affirmative steps to ensure that 
     lawyers who lack the requisite training, experience and skill 
     are not appointed to delinquency cases. The conferees also 
     urge the Court to adopt a Continuing Legal Education (CLE) 
     requirement for all lawyers rendering legal services under 
     the Criminal Justice Act. Such training is critical to 
     improving the quality of legal representation provided to 
     indigent people in the District of Columbia and will result 
     in a more cost-efficient system.


                 federal payments for family court act

       Appropriates $24,016,000 for carrying out the District of 
     Columbia Family Court Act of 2001 instead of $23,316,000 as 
     proposed by the House and $23,315,000 as proposed by the 
     Senate. The increase of $700,000 includes $200,000 for the 
     completion of a plan by the Mayor on integrating the computer 
     systems of the District of Columbia government with the 
     Family Court of the Superior Court and $500,000 to be used by 
     the Child and Family Services Agency for activities 
     authorized by the District of Columbia Family Court Act of 
     2001.


            defender services in district of columbia courts

       Appropriates $34,311,000 as proposed by the House instead 
     of $39,311,000 as proposed by the Senate and makes conforming 
     technical changes. The reduction of $5,000,000 below the 
     Senate recommendation reflects conference action that 
     requires the use of unobligated balances to fund the rate 
     increase for investigators and for attorneys for indigents 
     appointed under the Criminal Justice Act.

[[Page 24086]]

     The conference agreement also requires that $4,685,500 for 
     design and construction expenses of the courthouse at 451 
     Indiana Avenue, N.W., be paid from unobligated balances in 
     this account.


 federal payment to the court services and offender supervision agency 
                      for the district of columbia

                     (inlcuding transfer of funds)

       The conference agreement allows $2,000 for official 
     receptions related to the offender and defendant support 
     programs instead of $1,500 proposed by the House and $5,000 
     proposed by the Senate. The conference agreement restores the 
     proviso requiring the Director to keep accurate and detailed 
     records of the acceptance and use of any gift or donation as 
     proposed by the House and makes conforming technical changes. 
     The conference action includes language proposed by the 
     Senate that allows the Director flexibility in acquiring an 
     appropriate site to house or supervise offenders and 
     defendants rather than limiting the Director to a specific 
     site as proposed in the budget request and proposed by the 
     House. In any event the site is to be acquired by March 31, 
     2002.


       federal payment to the children's national medical center

       Appropriates $5,500,000 to the Children's National Medical 
     Center of which $500,000 is for completion of a network of 
     satellite pediatric health clinics for children and families 
     in underserved neighborhoods and communities in the District 
     of Columbia and $5,000,000 is for capital and equipment 
     improvements.


          st. coletta of greater washington expansion project

       Appropriates $2,000,000 to St. Coletta of Greater 
     Washington, Inc. instead of $1,000,000 as proposed by the 
     House 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.


            federal payment to faith and politics institute

       Appropriates $50,000 to the Faith and Politics Institute 
     for grass roots-based racial sensitivity programs in the 
     District of Columbia as proposed by the House.


    federal payment to the thurgood marshall academy charter school

       Appropriates $1,000,000 as proposed by the Senate to the 
     Thurgood Marshall Academy Charter School to be used to 
     acquire and renovate an educational facility in the Anacostia 
     area of the District.


    federal payment to the george washington university center for 
                   excellence in municipal management

       Appropriates $250,000 to the George Washington University 
     Center for Excellence in Municipal Management as proposed by 
     the Senate to increase the enrollment of managers from the 
     District of Columbia government.


                   court appointed special advocates

       Appropriates $250,000 to the District of Columbia Court 
     Appointed Special Advocates Unit as proposed by the Senate to 
     be used to expand the Unit's work in the Family Court of the 
     District of Columbia Superior Court.


                        administrative provision

       The conference agreement allows $100,000 appropriated in 
     the District of Columbia Appropriations Act, 2001, Public Law 
     106-522 (114 Stat. 2441) to remain available until September 
     30, 2002 for the Metropolitan Police Department to fund a 
     youth safe haven police mini-station for mentoring high risk 
     youth; $1,000,000 made available in such Act for the 
     Washington Interfaith Network (114 Stat. 2444) to remain 
     available until December 31, 2002 for reimbursement of costs 
     incurred in carrying out preconstruction activities at the 
     former Fort Dupont Dwellings and Additions, and $3,450,000 
     for Brownfield Remediation (114 Stat. 2445) to remain 
     available until expended for environmental and infrastructure 
     costs at Poplar Point as proposed by the Senate.

                     Congressional Research Service

       The conferees direct the Congressional Research Service to 
     analyze the differences and similarities in municipal, state 
     and national government, including funding, management, 
     oversight, and the rights of citizens, in the District of 
     Columbia and ten other comparable national capitals. The 
     conferees request that the report be submitted to the House 
     and Senate Committees on Appropriations not later than March 
     31, 2002.

                       District of Columbia Funds


                          division of expenses

       Provides that operating expenses for the District of 
     Columbia for fiscal year 2002 shall not exceed $6,048,160,000 
     of which $124,163,000 is from intra-District funds and 
     $3,574,493,000 is from local funds instead of $6,043,881,000 
     of which $124,163,000 is from intra-District funds and 
     $3,571,343,000 is from local funds as proposed by the House 
     and $6,051,646,000 of which $124,163,000 is from intra-
     District funds and $3,553,300,000 is from local funds as 
     proposed by the Senate. The changes in the amounts reflect 
     actions taken by the conferees in the funding levels under 
     the various appropriation headings.
       The conference agreement includes a proviso allowing the 
     ceiling amount to be increased by proceeds of one-time 
     transactions which are expended for emergency or 
     unanticipated operating or capital needs and deletes the 
     provision that would have allowed expenditures above the cap 
     to generate additional revenues. The conferees encourage the 
     Chief Financial Officer to reprioritize existing resources 
     for this purpose.


                   Governmental Direction and Support

       Appropriates $286,138,000 including $229,421,000 from local 
     funds, $38,809,000 in Federal funds and $17,908,000 from 
     other funds instead of $285,359,000 including $229,271,000 
     from local funds, $38,809,000 from Federal funds and 
     $17,279,000 from other funds as proposed by the House and 
     $307,117,000 including $228,471,000 from local funds, 
     $61,367,000 from Federal funds and $17,279,000 from other 
     funds as proposed by the Senate.
       Office of the Mayor.--The conference agreement includes an 
     increase of $200,000 in Federal funds appropriated earlier 
     under Federal Payments for Family Court Act for a computer 
     integration plan for Child and Family Social Services as 
     proposed by the Senate.
       Recycled crumb rubber.--The conferees encourage the 
     District government to use recycled crumb rubber from tires 
     in environmentally responsible applications such as roads, 
     playgrounds, bicycle paths, and parking lots. Last year in 
     the United States alone 270 million tires were ``retired''. 
     While it has been reported that 70 percent of the tires were 
     beneficially utilized, some 30 percent went into landfills. 
     Tires in landfills create problems that should be minimized 
     or eliminated. New technology has now allowed tires to be 
     recycled more economically, producing metals that are 
     recycled and tire crumb that can be used in numerous 
     applications that provide added benefits. Rubberized asphalt 
     in road applications has been reported to last longer and 
     provide lower noise levels. Mats made from recycled rubber 
     have been known to provide a safer environment for children 
     in playgrounds. These and other applications allow for 
     environmentally responsible uses and minimize the number of 
     tires that may be discarded.
       Office of the City Administrator.--The conference agreement 
     includes an increase of $300,000 in Federal funds 
     appropriated earlier in this Act for the Criminal Justice 
     Coordinating Council of the District of Columbia as proposed 
     by the House. The conferees encourage District officials to 
     reprogram or transfer funds to augment this program in the 
     event additional funds are required.
       Office of the Chief Technology Officer.--The conference 
     agreement includes an increase of $400,000 in Federal funds 
     appropriated earlier in this Act to manage a wireless pilot 
     project to connect local and Federal law enforcement agencies 
     in the region as proposed by the Senate instead of $500,000 
     as proposed by the House.
       Office of the Corporation Counsel.--The conference 
     agreement includes $386,000 for activities related to the 
     D.C. Antitrust Act of 1980, $10,000 for Antifraud activities 
     related to section 820 of the D.C. Procurement Practices Act 
     of 1985, and $233,000 for the Consumer Protection Fund 
     established pursuant to section 1402 of the District of 
     Columbia Budget Support Act for fiscal year 2001.
       Office of the Chief Financial Officer.--The conference 
     agreement includes $50,000 for initial renovations at Eastern 
     Market from Federal funds appropriated earlier in this Act.


                  Economic Development and Regulation

       The conference agreement includes the provisos proposed by 
     the Senate requiring the Department of Consumer and 
     Regulatory Affairs to use $50,000 of the receipts from the 
     net proceeds from the contractor that handles the District's 
     occupational and professional licensing to fund additional 
     staff and equipment for the Rental Housing Administration. 
     The conference agreement approves $293,000 from other funds 
     resulting from the lapse of personnel vacancies, caused by 
     transferring employees into NSO positions without filling the 
     resultant vacancies, into the revolving 5-513 fund to be used 
     to implement the provisions in D.C. Law 13-281, the Abatement 
     and Condemnation of Nuisance Properties Omnibus Amendment Act 
     of 2000, pertaining to the prevention of the demolition by 
     neglect of historic properties. The conference agreement 
     approves the proviso that requires 18 percent of the annual 
     total amount in the 5-513 fund, up to $500,000, that is 
     deposited into the 5-513 fund on an annual basis, be used to 
     implement section 102 and other related sections of D.C. Law 
     13-281. The conference agreement deletes the proviso 
     concerning personnel matters and the filling of certain 
     positions in the Department.
       Downtown Business Improvement Districts (BID).--The 
     conferees have reviewed concerns expressed by businesses and 
     business organizations in the District, as well as criticism 
     expressed in the local press, concerning the Downtown BID's 
     commitment to expand its mission into areas of regulation, 
     planning, marketing, advocacy and economic development by way 
     of the creation of affiliated entities, and its advocacy for 
     legislative authority to expand its functions to include 
     public space management and regulation.
       The Downtown BID and other BIDs in the District generate 
     funding for operations and

[[Page 24087]]

     administration under the authority granted to it by 
     legislation enacted by the Council of the District of 
     Columbia and approved by Congress. Justification for 
     delegating the authority to impose taxes, fees or liens on 
     all commercial owners and tenants within the BID's boundaries 
     arose out of the need to enhance the District's ability to 
     maintain cleanliness and public safety within those 
     boundaries. In fact, language exempting BIDs from taxes 
     levied by the District of Columbia was initially placed in 
     the fiscal year 1999 District of Columbia Appropriations Act 
     based on assurances that the BIDs' role would be limited to 
     augmenting the services that the District government was 
     providing in the areas of public safety, trash collection, 
     street cleaning and ``ambassadorial'' assistance. The 
     proposal was for the businesses in the area to ``tax 
     themselves'' and use those funds to provide a higher level of 
     basic services in their area. On that basis, it seemed fair 
     to allow the tax exemption. However, the intent was not to 
     provide a tax exemption for economic development or 
     activities other than those that would enhance the appearance 
     and livability in the BID area.
       The House Committee took the initiative to investigate and 
     respond to the concerns expressed by the business community 
     to the expansion of the BID's mission as well as the various 
     proposals for funding the operation and administration of 
     such affiliate entities. As a result of the House Committee's 
     discussions with Downtown BID Board members and staff 
     members, the Downtown BID has informed its Board and other 
     business organizations in the District that it will not move 
     forward with the expansion of its core mission at this time, 
     and that any expansion of its core mission, either within the 
     BID or through affiliated entities, will not duplicate 
     existing government functions that are currently funded with 
     taxpayer dollars.
       The conferees are concerned about this situation and the 
     considerable deviation from the BIDs' original mission as 
     conveyed to Congress.


                       Public Safety and Justice

       Appropriates $633,853,000 including $594,803,000 from local 
     funds, instead of $632,668,000 including $593,618,000 from 
     local funds as proposed by the Senate.
       Metropolitan Police Department.--The conference agreement 
     provides $100,000 in Federal funds included in section 130 of 
     the general provisions on the condition that the District 
     government enacts into law a ban on the possession of tobacco 
     products by minors as specified in section 132. The funds are 
     to be used by the Department to enforce the ban.
       Fire and Emergency Medical Services Department.--The 
     conference agreement includes $500,000 for the Fire and 
     Emergency Medical Services Department to cover the costs of 
     dry docking the fireboat as proposed by the House.
       Office of the Chief Medical Examiner.--The conference 
     agreement includes $585,000 for the Chief Medical Examiner to 
     help reduce backlogs of autopsies and case reports and to 
     purchase toxicology and histology equipment as proposed by 
     the House.
       The conference agreement retains the proviso enacting into 
     law section 3703 of title XXXVII of the Fiscal Year 2002 
     Budget Support Act of 2001 as proposed by the House and 
     transfers the proviso relating to the District of Columbia 
     Income and Franchise Tax Act of 1947 to section 103 of the 
     general provisions.


                        Public Education System

       Appropriates $1,108,665,000 including $896,994,000 from 
     local funds instead of $1,106,165,000 including $185,044,000 
     from Federal funds as proposed by the House and 
     $1,108,915,000 including $187,794,000 from Federal funds as 
     proposed by the Senate. The conference agreement allocates 
     $400,000 for Enhancing and Actualizing Internationalism and 
     Multiculturalism in the Academic Programs of the University 
     of the District of Columbia and not less than $200,000 for 
     Adult Education. The conference action allocates $1,277,500 
     for the Excel Institute Adult Education Program and requires 
     that quarterly payments be made by the District's Chief 
     Financial Officer. The conference action allocates funds for 
     various programs as proposed by the Senate and retains the 
     proviso that excludes the evaluation process for District of 
     Columbia Public School employees as a negotiable item for 
     collective bargaining purposes. The conference agreement 
     deletes the proviso that would have changed the fiscal year 
     for the District of Columbia Public Schools, District of 
     Columbia Public Charter Schools and the University of the 
     District of Columbia. The conference agreement extends the 
     availability of $1,000,000 in local funds appropriated in 
     Public Law 107-20 for the State Education Office for a 
     census-type audit of the student enrollment of each District 
     of Columbia Public School and each public charter school. The 
     funds are to remain available until expended.
       Public Schools.--Allocates $813,042,000 including 
     $661,124,000 from local funds and $144,630,000 from Federal 
     funds for public schools instead of $810,542,000 including 
     $144,630,000 from Federal funds as proposed by the House and 
     $813,292,000 from local funds and $147,380,000 from Federal 
     funds as proposed by the Senate. The increase above the House 
     allowance includes $250,000 for the Failure Free Reading 
     literacy program for non-readers and special education 
     students, $250,000 for Lightspan, Inc. to implement the 
     eduTec.com program, and $2,000,000 for the Voyager Expanded 
     Learning Literacy Program in kindergarten and first grade. 
     The $2,000,000 for the Voyager Program consists of Federal 
     funds appropriated earlier in this Act and will allow the 
     program to be implemented in kindergarten and first grade 
     classrooms throughout the District's public school system. 
     The program is a comprehensive literacy system that 
     guarantees that all children entering the system in 
     kindergarten will be reading at grade level or above by the 
     third grade. The program includes a 5 day reading 
     certification for teachers, a student assessment system, and 
     electronic data management system, an in-school reading 
     program, after school and summer school interventions, and a 
     home study program for parents.


                         Public Charter Schools

               Ensuring Independence With Accountability

       Public charter schools are innovations in public education 
     designed to provide public education programs free from 
     traditional public school bureaucracy. The conferees are 
     proud to have played a partial role in their establishment in 
     the District of Columbia. After four years, the District 
     continues to offer one of the most vibrant and diverse 
     charter school programs in the United States, enrolling more 
     than 11% of the District's public school students.
       The conferees believe strongly that public charter schools 
     must remain free of bureaucratic regulation. However, the 
     conferees are also disturbed by press reports of fiscal 
     irregularities and questionable management, reporting, 
     discipline and academic practice at a few charter schools. 
     Three schools were closed by their chartering authority for 
     such reasons in the summer of 2001. Moreover, a number of 
     schools will soon undergo the mandatory five-year review, to 
     determine whether there is reason to revoke their charters. 
     Obviously, charter school closings disrupt the instruction of 
     their students. At the same time, chartering authorities 
     cannot responsibly leave children in schools that are 
     demonstrably failing or accept continued public funding of 
     schools whose academic or financial performance is 
     irresponsible.
       In authorizing the establishment of public charter schools 
     in the District of Columbia, Congress has chosen to encourage 
     responsible educational creativity by a system that grants 
     freedom from regulation in exchange for accountability. 
     Accountability, however, requires the full disclosure of 
     information about school performance and finances, and active 
     oversight by chartering authorities. While the chartering 
     authorities must not tell charter schools how to achieve 
     results or require the submission of unnecessary data, they 
     are obligated to remain informed of school performance and to 
     take action when a school fails to live up to the promises 
     made in its charter application, fails to provide legally 
     mandated information, or fails to conform to acceptable 
     financial practice.
       The conferees therefore encourage the chartering 
     authorities to act quickly when they become aware of problems 
     at a public charter school that could potentially lead to 
     revocation of its charter, to notify and offer support to the 
     school in order to prevent the disruption to children's 
     education of charter revocation and to protect public funds. 
     The conferees do not encourage regulation or directives of 
     the kind practiced by school system administrations, but do 
     believe that the kind of accountability required of public 
     schools in the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 6301) must be asked of the District's public 
     charter schools also.


                         Human Support Services

                     (including transfer of funds)

       The conference action makes conforming technical changes as 
     to the amount available for the Health Care Safety Net 
     Administration and deletes the proviso that would have 
     prohibited the District from providing free government 
     services such as water, sewer, solid waste disposal or 
     collection, utilities, maintenance, repairs, or similar 
     services to any legally constituted private nonprofit 
     organization, if the District would not be qualified to 
     receive reimbursement pursuant to the Stewart B. McKinney 
     Homeless Assistance Act.
       The conference agreement inserts a proviso earmarking 
     $7,500,000 to remain available until expended for the 
     Addiction Recovery Fund to be used solely for the purpose of 
     the Drug Treatment Choice Program.


                              Public Works

       The conference agreement inserts provisos earmarking funds 
     for various programs as proposed by the Senate.


                         Receivership Programs

       Appropriates $403,868,000 including $250,515,000 from local 
     funds, $134,339,000 from Federal funds instead of 
     $403,368,000 including $134,339,000 from Federal funds as 
     proposed by the House and $403,868,000 including $134,839,000 
     from Federal funds as proposed by the Senate. The conference 
     agreement includes an increase of $500,000 in Federal funds 
     appropriated earlier in this Act for the Family Court to hire 
     additional staff to enhance coordination with the Family 
     Court of the Superior Court of the District of Columbia as 
     required by the Family Court Act.

[[Page 24088]]




                                Reserve

       The conference agreement provides a reserve of $120,000,000 
     as proposed by the Senate instead of $150,000,000 as proposed 
     by the House and deletes the proviso concerning the 
     obligation of the reserve funds as proposed by the Senate.


                             Reserve Relief

       The conference agreement inserts a new heading and language 
     that allows the District to spend $30,000,000 of the Reserve 
     under certain conditions as proposed by the Senate.


                        Contingency Reserve Fund

       The conference agreement deletes this heading and language 
     as proposed by the Senate.


                 Emergency and Contingency Reserve Fund

       The conference agreement inserts a new heading and language 
     to allow deposits into the Contingency Reserve Fund beginning 
     in fiscal year 2002 if certain conditions are met.


                    Repayment of Loans and Interest

       The conference agreement transfers the proviso for the 
     Emergency Assistance Loan Guaranty Program to a separate 
     heading.


                  Emergency Assistance Loan Guarantees

       The conference agreement inserts a new heading and 
     transfers language from Repayment of Loans and Interest that 
     provides indefinite appropriations of local funds to make 
     payments related to the District of Columbia Emergency 
     Assistance Act of 2001 that was enacted by the District 
     government in response to the impact that the terrorist 
     attack of September 11, 2001 had on local businesses. The 
     loans will be made by local banks for a period up to 10 years 
     and will be guaranteed by the District government. The 
     conferees encourage the District's Chief Financial Officer to 
     consult with the Office of Management and Budget in 
     developing legislation for consideration by the Mayor and 
     Council consistent with the purposes of the Federal Credit 
     Reform Act. Such legislation would require the District to 
     accurately estimate and budget for the potential liability 
     from existing District of Columbia loan and loan guarantee 
     programs and the potential liability from legislation 
     proposed to establish such programs.


                 Emergency Planning and Security Costs

       Appropriates $16,058,000 in Federal funds appropriated 
     earlier in this Act for emergency planning and security costs 
     in the District of Columbia. The language agreed to by the 
     conferees makes $12,652,000 of this amount available 
     immediately to the District of Columbia Emergency Management 
     Agency for planning, training and personnel costs required 
     for development and implementation of the emergency 
     operations plan for the District of Columbia.


                    Emergency Reserve Fund Transfer

       The conference action makes conforming technical changes 
     and requires that not less than $33,254,000 will be deposited 
     into the Emergency and Contingency Reserve Funds.

                       Enterprise and Other Funds


                       Water and Sewer Authority

       The conference agreement inserts an administrative 
     provision that clarifies responsibilities concerning the 
     water and sewer system and the Federally owned water main 
     system as well as the installation of and access to meters.


                  Sports and Entertainment Commission

       The conference agreement retains language concerning the 
     transfer of funds and changes the date for a payment from the 
     Commission to the general fund from September 20, 2001 as 
     proposed by the House to September 30, 2001. The increase of 
     $500,000 is for the creation of the Kenilworth Regional 
     Sports Complex. The funds are to be used by the Commission in 
     coordination with the U.S. Soccer Foundation to cover 
     environmental and infrastructure costs at Kenilworth Park in 
     connection with the creation of the Kenilworth Regional 
     Sports Complex.


                         D.C. Retirement Board

       The conference agreement retains the proviso requiring the 
     Retirement Board to provide the Congress and the Council of 
     the District of Columbia a quarterly report of the 
     allocations of charges by fund and of expenditures of all 
     funds.


                             Capital Outlay

       The conference agreement includes language proposed by the 
     Senate concerning the requirement for a plan for the 
     development of census tract 68.04 south of East Capitol 
     Street, S.E., and the housing of any misdemeanants, felons, 
     ex-offenders, or persons awaiting trial within the District 
     of Columbia as proposed by the Senate. The conference 
     agreement includes language that none of the conditions set 
     forth in this paragraph shall interfere with the current 
     operations of any Federal agency.


         Summary Table of Conference Recommendations by Agency 

       A summary table showing the Federal appropriations by 
     account and the allocation of District funds by agency or 
     office under each appropriation heading for fiscal year 2001, 
     the fiscal year 2002 request, the House and Senate 
     recommendations, and the conference allowance follows:

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[[Page 24104]]



                                         FISCAL YEAR 2002 FINANCIAL PLAN
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                    Grants and
                                                                    Local funds    other revenue    Gross funds
----------------------------------------------------------------------------------------------------------------
Revenue:
    Local Sources:
        Property Taxes..........................................         746,031               0         746,031
        Sales Taxes.............................................         738,507               0         738,507
        Income Taxes............................................       1,361,077               0       1,361,077
        Gross Receipts..........................................         244,480               0         244,480
        Other Taxes.............................................         153,460               0         153,460
        Licenses, Permits.......................................          43,336               0          43,336
        Fines, Forfeitures......................................          60,040               0          60,040
        Service Charges.........................................          49,928               0          49,928
        Miscellaneous...........................................          72,030         194,510         266,540
                                                                 -----------------------------------------------
          Subtotal, local revenues..............................       3,468,889         194,510       3,663,339
                                                                 ===============================================
    Federal sources:
        Federal payments........................................          38,143               0          38,143
        Grants..................................................               0       1,543,041       1,543,041
                                                                 -----------------------------------------------
          Subtotal, Federal sources.............................          38,143       1,543,041       1,581,184
                                                                 ===============================================
    Other financing sources: Lottery transfer...................          70,000               0          70,000
                                                                 ===============================================
      Total, general fund revenues..............................       3,577,032       1,737,551       5,314,583
                                                                 ===============================================
Expenditures:
    Governmental Direction and Support..........................         229,421          56,717         286,138
    Economic Development and Regulation.........................          60,786         170,092         230,878
    Public Safety and Justice...................................         594,803          39,050         633,853
    Public Education System.....................................         896,994         211,671       1,108,665
    Human Support Services......................................         711,072       1,092,851       1,803,923
    Public Works................................................         286,334          13,817         300,151
    Receiverships...............................................         250,515         153,353         403,868
    Financing and Other.........................................         361,314               0         361,314
    Reserve.....................................................         120,000               0         120,000
    Reserve Relief..............................................          30,000               0          30,000
    Emergency Reserve Fund......................................          33,254               0          33,254
                                                                 -----------------------------------------------
      Total, general fund expenditures..........................       3,574,493       1,737,551       5,312,044
                                                                 ===============================================
Surplus/Deficit.................................................           2,539               0           2,539
----------------------------------------------------------------------------------------------------------------

                           General Provisions

       The conference agreement changes several section numbers 
     for sequential purposes and makes technical revisions in 
     certain citations. Unless noted otherwise, the conference 
     action refers to H.R. 2944 as passed the House.
       The conference agreement inserts the words ``legal 
     settlements or'' to section 103 of the House bill as proposed 
     by the Senate concerning making payment of judgments that 
     have been entered against the District of Columbia 
     government.
       The conference agreement retains section 106 of the House 
     bill but amended to delete the words ``past work experience, 
     and salary history''.
       The conference agreement deletes section 107 of the House 
     bill appropriating from the applicable funds of the District 
     of Columbia such sums as may be necessary for making payments 
     authorized by the District of Columbia Revenue Recovery Act.
       The conference agreement modifies section 108 (new section 
     107) of the Senate bill to allow local funds to be used for 
     certain lobbying activities.
       The conference agreement amends section 110 (new section 
     109) of the House relating to reprogramming procedures to 
     provide authority to transfer four percent of local funds 
     between appropriation headings.
       The conference agreement retains section 112(b) (new 
     section 111(b)) of the House bill on Certification of Need by 
     the Chief Technology Officer, deletes section (c) which 
     provided no limit on full-time equivalent positions for the 
     Office of the Chief Technology Officer, and retains section 
     112(d) (new section 111(b)) amending the District of Columbia 
     Home Rule Act as it relates to the Chief Financial Officer's 
     salary.
       The conference agreement inserts section 111 (new section 
     112) of the Senate bill requiring the Mayor to submit to the 
     Council the new fiscal year 2002 revenue estimates by the end 
     of the first quarter of fiscal year 2002.
       The conference agreement retains section 112 (new section 
     113) of the House bill as amended by the Senate to include 
     whether to invoke the competitive bidding process ``and said 
     determination has been reviewed and certified by the Chief 
     Financial Officer of the District of Columbia''.
       The conference agreement inserted section 113 (new section 
     114(b)) of the Senate bill and combines with section 114 (new 
     section 114(a)) of the House bill regarding the Balanced 
     Budget and Emergency Deficit Control Act of 1985.
       The conference agreement amends section 118 of the House 
     bill as amended by the Senate to delete extraneous language.
       The conference agreement amends section 120(c) of the House 
     bill to allow the Chief Financial Officer of the District of 
     Columbia and the Metropolitan Police Department to enter into 
     agreements in excess of $2,500 for the procurement of goods 
     or services.
       The conference agreement retains section 122 and combines 
     with section 137 of the House bill. These sections relate to 
     compliance with the Buy American Act.
       The conference agreement amends section 123 of the House 
     bill to require the annual audit be coordinated with the 
     Chief Financial Officer.
       The conference agreement retains section 124 of the House 
     bill to prohibit funds in this Act from being 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.
       The conference agreement retains section 125 of the House 
     bill, which prohibits any funds contained in this Act to be 
     used for any program of distributing sterile needles, or 
     syringes for the hypodermic injection of any illegal drug.
       The conference agreement retains section 126 of the House 
     bill which requires the chief financial officer of any office 
     of the District of Columbia government (including any 
     independent agency of the District) to file a certification 
     with the Mayor and the Chief Financial Officer that they 
     understand 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).
       The conference agreement deletes section 126 of the Senate 
     bill which requires the Chief Financial Officer to submit a 
     revised appropriated funds operating budget within 30 
     calendar days after the date of the enactment of this Act. 
     This is section 135 of the House bill.
       The conference agreement deletes section 127 of the House 
     bill requiring that in submitting any documents showing the 
     budget for an office of the District of Columbia government 
     that contains a category of activities labeled as ``other'', 
     ``miscellaneous'', or a similar general, nondescriptive term, 
     the document shall include a description of the types of 
     activities covered in the category and a detailed breakdown 
     as proposed by the Senate.
       The conference agreement deletes section 129 of the House 
     bill authorizing the Mayor to allocate the District's 
     limitation amount of qualified zone academy bonds.
       The conference agreement inserts section 131 (new section 
     129) as proposed by the Senate that relates to prompt payment 
     of appointed counsel.
       The conference agreement retains section 132 (new section 
     130) of the House bill by appropriating a $100,000 Federal 
     contribution to the Metropolitan Police Department on the 
     condition that the District government enacts into law a ban 
     on the possession of tobacco products by minors as specified 
     in this section. The funds are to be used by the Department 
     to enforce the ban.
       The conference agreement retains section 132 (new section 
     131) of the Senate bill which requires the Mayor of the 
     District of Columbia to 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, 
     (2) access to drug abuse treatment, (3) management of 
     parolees and pre-trial violent offenders, (4) education, (5) 
     improvement in basic District services, (6) application for 
     and management of Federal grants, and (7) indicators of child 
     well-being.
       The conference agreement retains section 133 (new section 
     132) of the House bill that allows the District of Columbia 
     Corporation Counsel to review and comment on briefs in 
     private lawsuits and consult with officials of the District 
     government regarding such lawsuits.
       The conference agreement retains section 133 as proposed by 
     the Senate amending the District of Columbia Financial 
     Responsibility and Management Assistance Act concerning 
     reserve fund requirements.
       The conference agreement deletes section 134 as proposed by 
     the House that amended the National Capital Revitalization 
     and Self-Government Improvement Act of 1997.
       The conference agreement retains section 134 as proposed by 
     the Senate that prohibits funds appropriated by this Act for 
     an Integrated Product Team until reorganization plans for the 
     Integrated Product Team and a Capital Construction Services 
     Administration have been approved, or deemed approved by the 
     Council.
       The conference agreement retains section 135 as proposed by 
     the House which requires the Chief Financial Officer to 
     submit to the appropriate committees of Congress, the Mayor, 
     and the Council a revised appropriated fund 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.
       The conference agreement deletes section 135 as proposed by 
     the Senate which appropriated for the use of the Office of 
     the Corporation Counsel of the District of Columbia all funds 
     deposited in the District of Columbia Antitrust Fund, 
     Antifraud Fund, and District of Columbia Consumer Protection 
     Fund and transferred those provisions to the Governmental 
     Direction and Support appropriation title.

[[Page 24105]]

       The conference agreement retains section 136 as proposed by 
     the House that amends the Home Rule Act to increase the 
     salary of the Council Chairman to $10,000 less than the 
     annual compensation of the Mayor.
       The conference agreement retains section 136 (new section 
     137) as proposed by the Senate on risk management for 
     settlements and judgments.
       The conference agreement deletes section 137 as proposed by 
     the House stating that no funds appropriated in this Act may 
     be made available to pay any person or entity that violates 
     the Buy American Act and combines it with section 122 of the 
     House bill.
       The conference agreement retains section 137 (new section 
     138) as proposed by the Senate which waives the period of 
     Congressional review for the Closing of Portions of 2nd and N 
     Streets, N.E. and Alley System in Square 710, Act.
       The conference agreement retains section 138 (new section 
     139) as proposed by the House that prohibits funds contained 
     in this Act from being 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).
       The conference agreement deletes Section 138(a) which 
     placed a limitation on the amount of fees attorneys may 
     receive when representing a party who prevails in an action 
     or the fees of any attorney who defends any action, including 
     an administrative proceeding, brought against the District of 
     Columbia Public Schools under the Individuals with 
     Disabilities Education Act and Section 138(b) which allowed 
     the Mayor and the Superintendent of the District of Columbia 
     Public Schools to concur in a Memorandum of Understanding 
     setting forth a new rate and amount of compensation, or a new 
     limit.
       The conference agreement retains section 138(c) (new 
     section 140) concerning attorney fee awards made in cases 
     under the Individuals with Disabilities Education Act. The 
     conference agreement inserts a new subsection 140(b) which 
     requires no later than 60 days after the date of enactment of 
     this Act the Superintendent of Schools of the District of 
     Columbia shall submit to the Committees on Appropriations of 
     the House of Representatives and the Senate a written report 
     for each of the fiscal years 1999, 2000, and 2001, detailing 
     a complete itemized list, by year, of the judgments for 
     attorneys' fees awarded to plaintiffs who prevailed in cases 
     brought against the District of Columbia or the District of 
     Columbia Public Schools under section 6154(i)(3) of the 
     Individuals with Disabilities Education Act (20 U.S.C. 
     1415(i)(3)).
       The conference agreement deletes section 139 as proposed by 
     the Senate that makes certain exceptions to the limitation in 
     the previous section on the amount of fees attorneys can 
     receive when representing a party who prevails in an action 
     or any attorney who defends any action, including an 
     administrative proceeding, brought against the District of 
     Columbia Public Schools under the Individuals with 
     Disabilities Education Act.
       The conference agreement deletes section 140 of the Senate 
     bill concerning mandatory advanced electronic information for 
     air cargo and passengers entering the United States.
       The conference agreement inserts a new section 141 as 
     proposed by the Senate that requires the General Accounting 
     Office to submit by March 31, 2002 a report detailing the 
     awards in judgment rendered in the District of Columbia that 
     were in excess of the cap imposed by prior appropriations 
     acts on attorney fees for work performed or previously 
     performed in actions brought against the District of Columbia 
     Public Schools under the Individuals with Disabilities 
     Education Act.


                   CONFERENCE TOTAL--WITH COMPARISONS

       The total new budget (obligation) authority for the fiscal 
     year 2002 recommended by the Committee of Conference, with 
     comparisons to the fiscal year 2001 amount, the 2002 budget 
     estimates, and the House and Senate bills for 2002 follows:

                       [In thousands of dollars]

Federal Funds:
  New budget (obligational) authority, fiscal year 2001........$464,125
  Budget estimates of new (obligational) authority, fiscal year 358,607
  House bill, fiscal year 2002..................................398,058
  Senate bill, fiscal year 2002.................................408,000
  Conference agreement, fiscal year 2002........................408,000
  Conference agreement compared with:
    New budget (obligational) authority, fiscal year 2001.......-56,125
    Budget estimates of new (obligational) authority, fiscal year 
      2002......................................................+49,393
    House bill, fiscal year 2002.................................+9,942
    Senate bill, fiscal year 2002..................................----
    District of Columbia Funds:.....................................
  New budget (obligational) authority, fiscal year 2001.......6,774,159
  Budget estimates of new (obligational) authority, fiscal yea7,144,312
  House bill, fiscal year 2002................................7,146,437
  Senate bill, fiscal year 2002...............................7,154,201
  Conference agreement, fiscal year 2002......................7,150,716
  Conference agreement compared with:
    New budget (obligational) authority, fiscal year 2001......+376,557
    Budget estimates of new (obligational) authority, fiscal year 
      2002.......................................................+6,404
    House bill, fiscal year 2002.................................+4,279
    Senate bill, fiscal year 2002................................-3,485

     Joe Knollenberg,
     Ernest Istook,
     John T. Doolittle,
     John E. Sweeney,
     David Vitter,
     Bill Young,
     Chaka Fattah,
     Alan B. Mollohan,
                                Managers on the Part of the House.

     Mary L. Landrieu,
     Jack Reed,
     Daniel K. Inouye,
     Mike DeWine,
     Ted Stevens,
     Managers on the Part of the Senate.

                          ____________________