[107th Congress Public Law 96]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ096.107]
[[Page 115 STAT. 923]]
Public Law 107-96
107th Congress
An Act
Making appropriations for the government of the District of Columbia and
other activities chargeable in whole or in part against revenues of said
District for the fiscal year ending September 30, 2002, and for other
purposes. <<NOTE: Dec. 21, 2001 - [H.R. 2944]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: District of Columbia
Appropriations Act, 2002.>> assembled, That the following sums are
appropriated, out of any money in the Treasury not otherwise
appropriated, for the District of Columbia for the fiscal year ending
September 30, 2002, and for other purposes, namely:
FEDERAL FUNDS
Federal Payment for Resident Tuition Support
For a Federal payment to the District of Columbia, to be deposited
into a dedicated account, for a nationwide program to be administered by
the Mayor, for District of Columbia resident tuition support,
$17,000,000, to remain available until expended: Provided, That such
funds, including any interest accrued thereon, may be used on behalf of
eligible District of Columbia residents to pay an amount based upon the
difference between in-State and out-of-State tuition at public
institutions of higher education, or to pay up to $2,500 each year at
eligible private institutions of higher education: Provided further,
That the awarding of such funds may be prioritized on the basis of a
resident's academic merit, the income and need of eligible students and
such other factors as may be authorized: Provided further, That the
District of Columbia government shall establish a dedicated account for
the Resident Tuition Support Program that shall consist of the Federal
funds appropriated to the Program in this Act and any subsequent
appropriations, any unobligated balances from prior fiscal years, and
any interest earned in this or any fiscal year: Provided further, That
the account shall be under the control of the District of Columbia Chief
Financial Officer who shall use those funds solely for the purposes of
carrying out the Resident Tuition Support Program: Provided further,
That <<NOTE: Reports.>> 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.
[[Page 115 STAT. 924]]
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 <<NOTE: Scholarship.>> $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.
[[Page 115 STAT. 925]]
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 <<NOTE: Reports.>> 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 <<NOTE: Reports. Deadline.>> 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
[[Page 115 STAT. 926]]
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 <<NOTE: Deadline.>> 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 <<NOTE: Reports.>> the Chief Financial Officer of the District of
Columbia shall provide quarterly reports to the Committees on
Appropriations on the use of the funds under this heading, beginning not
later than April 2, 2002.
Federal Payment to the Chief Financial Officer of the District of
Columbia
For a Federal payment to the Chief Financial Officer of the District
of Columbia, $8,300,000, of which $2,250,000 shall be for payment for a
pilot project to demonstrate the ``Active Cap'' river cleanup technology
on the Anacostia River; $500,000 shall be for payment to the Washington,
D.C. Sports and Entertainment Commission which, in coordination with the
U.S. Soccer Foundation, shall use the funds for environmental and
infrastructure costs at Kenilworth Park in the creation of the
Kenilworth Regional Sports Complex; $600,000 shall be for payment to the
One Economy Corporation, a non-profit organization, to increase Internet
access to low-income homes in the District of Columbia; $500,000 shall
be for payment to the Langston Project for the 21st Century, a community
revitalization project to improve physical education and training
facilities; $1,000,000 shall be for payment to the Green Door Program,
for capital improvements at a community mental health clinic; $500,000
shall be for payment to the Historical Society of Washington, for
capital improvements to the new City Museum; $200,000 for a payment to
Teach for America DC, for teacher development; $350,000 for payment to
the District of Columbia Safe Kids Coalition, to promote child passenger
safety through the Child Occupant Protection Initiative; $50,000 for
payment for renovations at Eastern Market; $1,000,000 shall be for
payment to the Excel Institute Adult Education Program to be used by the
Institute for construction and to acquire construction services provided
by the General Services Administration on a reimbursable basis; $300,000
shall be for payment to the Woodlawn Cemetery for restoration of the
Cemetery; $250,000 shall be for payment to the Real World Schools
concerning 21st Century reform models for secondary education and the
use of technology to support
[[Page 115 STAT. 927]]
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 <<NOTE: Contracts. Reports.>> 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.
[[Page 115 STAT. 928]]
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'';
[[Page 115 STAT. 929]]
(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 <<NOTE: Applicability.>> amendments made
by this provision shall apply with respect to cases and proceedings
initiated on or after March 1, 2002.
Section 11-2604, District of Columbia Code, is amended:
(1) in subsection (a), by striking ``50'' and inserting
``75''; and
(2) in subsection (b)--
(A) by striking ``1300'' each time it appears and
inserting ``1900''; and
(B) by striking ``2450'' each time it appears and
inserting ``3600''.
Federal Payment for Family Court Act
For carrying out the District of Columbia Family Court Act of 2001,
$24,016,000, of which $23,316,000 shall be for the Superior Court of the
District of Columbia and $700,000 shall be for the Mayor of the District
of Columbia of which $200,000 shall be for completion of a plan by the
Mayor on integrating the computer systems of the District of Columbia
government with the Family Court of the Superior Court of the District
of Columbia: Provided, That <<NOTE: Deadline.>> the Mayor shall submit
a plan to the President and the Congress within 6 months of enactment of
that Act, so that social services and other related services to
individuals and families serviced by the Family Court of the Superior
Court and agencies of the District of Columbia government (including the
District of Columbia Public Schools, the District of Columbia Housing
Authority, the Child and Family Services Agency, the Office of the
Corporation Counsel, the Metropolitan Police Department, the Department
of Health, and other offices determined by the Mayor) will be able to
access and share information on the individuals and families served by
the Family Court: Provided further, That $500,000 of such amount
provided to the Mayor shall be for the Child and Family Services Agency
to be used for social workers to implement Family Court reform: Provided
further, That the chief judge of the Superior Court shall submit the
transition plan for the Family Court of the Superior Court as required
under the District of Columbia Family Court Act of 2001 to the
Comptroller General (in addition to any other requirements under such
section): Provided further, That <<NOTE: Deadline.>> 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
[[Page 115 STAT. 930]]
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 <<NOTE: Deadline.>> the Comptroller General
shall prepare and submit to the President and Congress an analysis of
the contents and effectiveness of the plan within 30 calendar days after
the submission of the plan by the Mayor: Provided further, That the
funds provided under this heading to the Mayor shall not be made
available until the expiration of the 30-day period (excluding
Saturdays, Sundays, legal public holidays, and any day on which neither
House of Congress is in session because of an adjournment sine die, a
recess of more than 3 days, or an adjournment of more than 3 days) which
begins on the date the Comptroller General submits such plan to the
President and Congress.
Defender Services in District of Columbia Courts
For payments authorized under section 11-2604 and section 11-2605,
D.C. Official Code (relating to representation provided under the
District of Columbia Criminal Justice Act), payments for counsel
appointed in proceedings in the Family Division of the Superior Court of
the District of Columbia under chapter 23 of title 16, D.C. Code, and
payments for counsel authorized under section 21-2060, D.C. Code
(relating to representation provided under the District of Columbia
Guardianship, Protective Proceedings, and Durable Power of Attorney Act
of 1986), $34,311,000, to remain available until expended: Provided,
That the funds provided in this Act under the heading ``Federal Payment
to the District of Columbia Courts'' (other than the $6,492,000 provided
under such heading for capital improvements for District of Columbia
courthouse facilities) may also be used for payments under this heading:
Provided further, That in addition to the funds provided under this
heading, the Joint Committee on Judicial Administration in the District
of Columbia shall use funds provided in this Act under the heading
``Federal Payment to the District of Columbia Courts'' (other than the
$6,492,000 provided under such heading for capital improvements for
District of Columbia courthouse facilities), to make payments described
under this heading for obligations incurred during any fiscal year:
Provided further, That of the amounts provided in previous fiscal years
for payments described under this heading which remain unobligated as of
the date of the enactment of this Act, $4,685,500 shall be used by the
Joint Committee on Judicial Administration for design and construction
expenses of the courthouse at 451
[[Page 115 STAT. 931]]
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 <<NOTE: Contracts. Reports.>> 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 <<NOTE: Records. Public information.>> the
Director shall keep accurate and detailed records of the acceptance and
use of any gift or
[[Page 115 STAT. 932]]
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
[[Page 115 STAT. 933]]
Act for Brownfield Remediation (114 Stat. 2445), shall remain available
until expended.
DISTRICT OF COLUMBIA FUNDS
OPERATING EXPENSES
Division of Expenses
The following amounts are appropriated for the District of Columbia
for the current fiscal year out of the general fund of the District of
Columbia, except as otherwise specifically provided: Provided, That
notwithstanding any other provision of law, except as provided in
section 450A of the District of Columbia Home Rule Act and section 119
of this Act (Public Law 93-198; D.C. Official Code, sec. 1-204.50a), the
total amount appropriated in this Act for operating expenses for the
District of Columbia for fiscal year 2002 under this heading shall not
exceed the lesser of the sum of the total revenues of the District of
Columbia for such fiscal year or $6,048,160,000 (of which $124,163,000
shall be from intra-District funds and $3,574,493,000 shall be from
local funds): Provided further, That this amount may be increased by
proceeds of one-time transactions, which are expended for emergency or
unanticipated operating or capital needs: Provided further, That such
increases shall be approved by enactment of local District law and shall
comply with all reserve requirements contained in the District of
Columbia Home Rule Act as amended by this Act: Provided further, That
the Chief Financial Officer of the District of Columbia shall take such
steps as are necessary to assure that the District of Columbia meets
these requirements, including the apportioning by the Chief Financial
Officer of the appropriations and funds made available to the District
during fiscal year 2002, except that the Chief Financial Officer may not
reprogram for operating expenses any funds derived from bonds, notes, or
other obligations issued for capital projects.
Governmental Direction and Support
Governmental direction and support, $286,138,000 (including
$229,421,000 from local funds, $38,809,000 from Federal funds, and
$17,908,000 from other funds): Provided, That not to exceed $2,500 for
the Mayor, $2,500 for the Chairman of the Council of the District of
Columbia, and $2,500 for the City Administrator shall be available from
this appropriation for official purposes: Provided further, That any
program fees collected from the issuance of debt shall be available for
the payment of expenses of the debt management program of the District
of Columbia: Provided further, That no revenues from Federal sources
shall be used to support the operations or activities of the Statehood
Commission and Statehood Compact Commission: Provided further, That the
District of Columbia shall identify the sources of funding for Admission
to Statehood from its own locally-generated revenues: Provided further,
That notwithstanding any other provision of law, or Mayor's Order 86-45,
issued March 18, 1986, the Office of the Chief Technology Officer's
delegated small purchase authority shall be $500,000: Provided further,
That the District of Columbia government may not require the Office of
the Chief Technology Officer to submit to any other procurement review
process, or to obtain the approval
[[Page 115 STAT. 934]]
of or be restricted in any manner by any official or employee of the
District of Columbia government, for purchases that do not exceed
$500,000: Provided further, That not less than $353,000 shall be
available to the Office of the Corporation Counsel to support increases
in the Attorney Retention Allowance: Provided further, That not less
than $50,000 shall be available to support a mediation services program
within the Office of the Corporation Counsel: Provided further, That not
less than $50,000 shall be available to support a TANF Unit within the
Child Support Enforcement Division of the Office of the Corporation
Counsel: Provided further, That of all funds in the District of Columbia
Antitrust Fund established pursuant to section 2 of the District of
Columbia Antitrust Act of 1980 (D.C. Law 3-169; D.C. Official Code, sec.
28-4516) an amount not to exceed $386,000, of all funds in the Antifraud
Fund established pursuant to section 820 of the District of Columbia
Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law
6-85; D.C. Official Code, sec. 2-308.20) an amount not to exceed
$10,000, and of all funds in the District of Columbia Consumer
Protection Fund established pursuant to section 1402 of the District of
Columbia Budget Support Act for fiscal year 2001 (D.C. Law 13-172; D.C.
Official Code, sec. 28-3911) an amount not to exceed $233,000, are
hereby made available for the use of the Office of the Corporation
Counsel of the District of Columbia until September 30, 2003, in
accordance with the statutes that established these funds.
Economic Development and Regulation
Economic development and regulation, $230,878,000 (including
$60,786,000 from local funds, $96,199,000 from Federal funds, and
$73,893,000 from other funds), of which $15,000,000 collected by the
District of Columbia in the form of BID tax revenue shall be paid to the
respective BIDs pursuant to the Business Improvement Districts Act of
1996 (D.C. Law 11-134; D.C. Official Code, sec. 2-1215.01 et seq.), and
the Business Improvement Districts Amendment Act of 1997 (D.C. Law 12-
26; D.C. Official Code, sec. 2-1215.15 et seq.): Provided, That such
funds are available for acquiring services provided by the General
Services Administration: Provided further, That Business Improvement
Districts shall be exempt from taxes levied by the District of Columbia:
Provided further, That the Department of Consumer and Regulatory Affairs
shall use $50,000 of the receipts from the net proceeds from the
contractor that handles the District's occupational and professional
licensing to fund additional staff and equipment for the Rental Housing
Administration: Provided further, That the Department of Consumer and
Regulatory Affairs shall transfer up to $293,000 from other funds
resulting from the lapse of personnel vacancies, caused by transferring
DCRA employees into NSO positions without filling the resultant
vacancies, into the revolving 5-513 fund to be used to implement the
provisions in D.C. Law 13-281, the Abatement and Condemnation of
Nuisance Properties Omnibus Amendment Act of 2000, pertaining to the
prevention of the demolition by neglect of historic properties: Provided
further, That the fees established and collected pursuant to Law 13-281
shall be identified, and an accounting provided, to the District of
Columbia Council's Committee on Consumer and Regulatory Affairs:
Provided further, That 18 percent of the annual total amount in the 5-
[[Page 115 STAT. 935]]
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 <<NOTE: Charter
schools. Deadline.>> 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.
[[Page 115 STAT. 936]]
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 <<NOTE: 20 USC 1155.>>
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 <<NOTE: Deadline.>>
$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-
[[Page 115 STAT. 937]]
201 et seq.): Provided further, That this appropriation shall not be
available to subsidize the education of any nonresident of the District
of Columbia at any District of Columbia public elementary and secondary
school during fiscal year 2002 unless the nonresident pays tuition to
the District of Columbia at a rate that covers 100 percent of the costs
incurred by the District of Columbia which are attributable to the
education of the nonresident (as established by the Superintendent of
the District of Columbia Public Schools): Provided further, That this
appropriation shall not be available to subsidize the education of
nonresidents of the District of Columbia at the University of the
District of Columbia, unless the Board of Trustees of the University of
the District of Columbia adopts, for the fiscal year ending September
30, 2002, a tuition rate schedule that will establish the tuition rate
for nonresident students at a level no lower than the nonresident
tuition rate charged at comparable public institutions of higher
education in the metropolitan area: Provided further, That
notwithstanding any other provision of law, rule, or regulation, the
evaluation process and instruments for evaluating District of Columbia
Public School employees shall be a non-negotiable item for collective
bargaining purposes: Provided further, That the District of Columbia
Public Schools shall spend $1,200,000 to implement D.C. Teaching Fellows
Program in the District's public schools: Provided further, That
notwithstanding the amounts otherwise provided under this heading or any
other provision of law, there shall be appropriated to the District of
Columbia public charter schools on July 1, 2002, an amount equal to 25
percent of the total amount provided for payments to public charter
schools in the proposed budget of the District of Columbia for fiscal
year 2003 (as submitted to Congress), and the amount of such payment
shall be chargeable against the final amount provided for such payments
under the District of Columbia Appropriations Act, 2003: Provided
further, That notwithstanding the amounts otherwise provided under this
heading or any other provision of law, there shall be appropriated to
the District of Columbia Public Schools on July 1, 2002, an amount equal
to 10 percent of the total amount provided for the District of Columbia
Public Schools in the proposed budget of the District of Columbia for
fiscal year 2003 (as submitted to Congress), and the amount of such
payment shall be chargeable against the final amount provided for the
District of Columbia Public Schools under the District of Columbia
Appropriations Act, 2003: Provided further, That the first paragraph
under the heading ``Public Education System'' in Public Law 107-20,
approved July 24, 2001, is <<NOTE: Ante, p. 172.>> 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
[[Page 115 STAT. 938]]
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
[[Page 115 STAT. 939]]
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
[[Page 115 STAT. 940]]
law detailing the purpose for the expenditure; and (iii) prior
notification by the Mayor to the Committees on Appropriations of both
the Senate and House of Representatives in writing 30 days in advance of
any such expenditure: Provided further, That the $18,000,000 provided
pursuant to local law shall be expended only when the Emergency Reserve
established pursuant to section 450A(a) of the District of Columbia Home
Rule Act (Public Law 93-198; D.C. Official Code, sec. 1-204.50a(a)), has
a minimum balance in the amount of $150,000,000.
Emergency and Contingency Reserve Funds
For the Emergency and Contingency Reserve Funds established under
section 450A of the District of Columbia Home Rule Act (Public Law 93-
198; D.C. Official Code, sec. 1-204.50a(b)), the Mayor may deposit the
proceeds required pursuant to section 159(a) of Public Law 106-522 and
section 404(c) of Public Law 106-554 in the Contingency Reserve Fund
beginning in fiscal year 2002 if the minimum emergency reserve balance
requirement established in section 450A(c) has been met.
Repayment of Loans and Interest
For payment of principal, interest, and certain fees directly
resulting from borrowing by the District of Columbia to fund District of
Columbia capital projects as authorized by sections 462, 475, and 490 of
the District of Columbia Home Rule Act (Public Law 93-198; D.C. Official
Code, secs. 1-204.62, 1-204.75, 1-204.90), $247,902,000 from local
funds: Provided, That any funds set aside pursuant to section 148 of the
District of Columbia Appropriations Act, 2000 (Public Law 106-113; 113
Stat. 1523) that are not used in the reserve funds established herein
shall be used for Pay-As-You-Go Capital Funds: Provided further, That
for equipment leases, the Mayor may finance $14,300,000 of equipment
cost, plus cost of issuance not to exceed 2 percent of the par amount
being financed on a lease purchase basis with a maturity not to exceed 5
years: Provided further, That $4,440,000 shall be for the Fire and
Emergency Medical Services Department, $2,010,000 shall be for the
Department of Parks and Recreation, and $7,850,000 shall be for the
Department of Public Works: Provided further, That no less than $533,000
be available for trash transfer capital debt service.
Emergency Assistance Loan Guarantees
Notwithstanding any other provision of law, the District of Columbia
is hereby authorized to make any necessary payments related to the
``District of Columbia Emergency Assistance Act of 2001'': Provided,
That the District of Columbia shall use local funds for any payments
under this <<NOTE: Certification.>> 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
[[Page 115 STAT. 941]]
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
[[Page 115 STAT. 942]]
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) <<NOTE: Ante, p. 191.>> 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:''.
[[Page 115 STAT. 943]]
(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.''.
[[Page 115 STAT. 944]]
(2) Water services.--Section 106 of the District of Columbia
Public Works Act of 1954 (sec. 34-2401.25, D.C. Official Code)
is amended by adding at the end the following new subsections:
``(c) Nothing in this section may be construed to require the
District of Columbia to seek payment for water services directly from
any Federal entity which is under the jurisdiction of a department,
independent establishment, or agency which is required to make a payment
for such services under this section, or to allocate any amounts charged
for such services among the entities which are under the jurisdiction of
any such department, independent establishment, or agency. Each Federal
department, independent establishment, and agency receiving water from
the District of Columbia shall be responsible for allocating billings
for such services among entities under the jurisdiction of the
department, establishment, or agency, and shall be responsible for
collecting amounts from such entities for any payments made to the
District of Columbia under this section.
``(d) In the case of water services provided to a department,
independent establishment, or agency in Virginia through the Federally
owned water main system, if the total of the metered amounts billed for
all individual users of the system (as measured by the meters for each
individual user) is less than the total amount as measured by the meters
at the delivery points into the system at the Francis Scott Key Bridge,
the District government shall collect, and the Secretary of Defense
shall pay, the difference to the District government in accordance with
the requirements for collecting and making payments under this
section.''.
(d) Effective Date.--This section and the amendments made by this
section shall apply with respect to fiscal year 2002 and each succeeding
fiscal year.
Washington Aqueduct
For operation of the Washington Aqueduct, $46,510,000 from other
funds.
Stormwater Permit Compliance Enterprise Fund
For operation of the Stormwater Permit Compliance Enterprise Fund,
$3,100,000 from other funds.
Lottery and Charitable Games Enterprise Fund
For the Lottery and Charitable Games Enterprise Fund, established by
the District of Columbia Appropriation Act, 1982 (95 Stat. 1174, 1175;
Public Law 97-91), for the purpose of implementing the Law to Legalize
Lotteries, Daily Numbers Games, and Bingo and Raffles for Charitable
Purposes in the District of Columbia (D.C. Law 3-172; D.C. Official
Code, sec. 3-1301 et seq. and sec. 22-1716 et seq.), $229,688,000:
Provided, That the District of Columbia shall identify the source of
funding for this appropriation title from the District's own locally
generated revenues: Provided further, That no revenues from Federal
sources shall be used to support the operations or activities of the
Lottery and Charitable Games Control Board.
[[Page 115 STAT. 945]]
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
[[Page 115 STAT. 946]]
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 <<NOTE: Expiration date.>> 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.
[[Page 115 STAT. 947]]
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 <<NOTE: Reports.>> 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 <<NOTE: Notification.>> by 20 percent or more personnel
assigned to a specific program, project or responsibility center; unless
the Committees on Appropriations of both the Senate and House of
Representatives are notified in writing 30 days in advance of any
reprogramming as set forth in this section.
(b) None <<NOTE: Notification.>> of the local funds contained in
this Act may be available for obligation or expenditure for an agency
through a transfer
[[Page 115 STAT. 948]]
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 <<NOTE: Deadline.>> 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.
[[Page 115 STAT. 949]]
(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 <<NOTE: Effective date.>> amendment made
by subsection (d) shall apply with respect to pay periods in fiscal year
2002 and each succeeding fiscal year.
Sec. 112. No <<NOTE: Deadline.>> later than 30 days after the end
of the first quarter of the fiscal year ending September 30, 2002, the
Mayor of the District of Columbia shall submit to the Council of the
District of Columbia the new fiscal year 2002 revenue estimates as of
the end of the first quarter of fiscal year 2002. These estimates shall
be used in the budget request for the fiscal year ending September 30,
2003. The officially revised estimates at midyear shall be used for the
midyear report.
Sec. 113. No sole source contract with the District of Columbia
government or any agency thereof may be renewed or extended without
opening that contract to the competitive bidding process as set forth in
section 303 of the District of Columbia Procurement Practices Act of
1985 (D.C. Law 6-85; D.C. Code, sec. 2-303.03), except that the District
of Columbia government or any agency thereof may renew or extend sole
source contracts for which competition is not feasible or practical:
Provided, That the determination as to whether to invoke the competitive
bidding process has been made in accordance with duly promulgated rules
and procedures and said determination has been reviewed and certified by
the Chief Financial Officer of the District of Columbia.
Sec. 114. (a) In <<NOTE: Deadline.>> 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
[[Page 115 STAT. 950]]
(B) the entity uses the gift or donation to carry
out its authorized functions or duties.
(2) Exception for council and courts.--The Council of the
District of Columbia and the District of Columbia courts may
accept and use gifts without prior approval by the Mayor.
(b) Records and Public Inspection.--Each entity of the District of
Columbia government shall keep accurate and detailed records of the
acceptance and use of any gift or donation under subsection (a), and
shall make such records available for audit and public inspection.
(c) Independent Agencies Included.--For the purposes of this
section, the term ``entity of the District of Columbia government''
includes an independent agency of the District of Columbia.
(d) Exception for Board of Education.--This section shall not apply
to the District of Columbia Board of Education, which may, pursuant to
the laws and regulations of the District of Columbia, accept and use
gifts to the public schools without prior approval by the Mayor.
Sec. 116. None of the Federal funds provided in this Act may be used
by the District of Columbia to provide for salaries, expenses, or other
costs associated with the offices of United States Senator or United
States Representative under section 4(d) of the District of Columbia
Statehood Constitutional Convention Initiatives of 1979 (D.C. Law 3-171;
D.C. Official Code, sec. 1-123).
Sec. 117. None of the funds appropriated under this Act shall be
expended for any abortion except where the life of the mother would be
endangered if the fetus were carried to term or where the pregnancy is
the result of an act of rape or incest.
Sec. 118. None of the Federal funds made available in this Act may
be used to implement or enforce the Health Care Benefits Expansion Act
of 1992 (D.C. Law 9-114; D.C. Official Code, sec. 32-701 et seq.) or to
otherwise implement or enforce any system of registration of unmarried,
cohabiting couples, including but not limited to registration for the
purpose of extending employment, health, or governmental benefits to
such couples on the same basis that such benefits are extended to
legally married couples.
Sec. 119. Acceptance and Use of Grants Not Included in Ceiling. (a)
In General.--Notwithstanding any other provision of this Act, the Mayor,
in consultation with the Chief Financial Officer may accept, obligate,
and expend Federal, private, and other grants received by the District
government that are not reflected in the amounts appropriated in this
Act.
(b) Requirement of Chief Financial Officer Report and Council
Approval.--No such Federal, private, or other grant may be accepted,
obligated, or expended pursuant to subsection (a) until--
(1) the Chief Financial Officer of the District of Columbia
submits to the Council a report setting forth detailed
information regarding such grant; and
(2) the Council within 15 calendar days after receipt of the
report submitted under paragraph (1) has reviewed and approved
the acceptance, obligation, and expenditure of such grant.
(c) Prohibition on Spending in Anticipation of Approval or
Receipt.--No amount may be obligated or expended from the general fund
or other funds of the District government in anticipation of the
approval or receipt of a grant under subsection (b)(2)
[[Page 115 STAT. 951]]
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 <<NOTE: Deadline.>> Chief Financial
Officer of the District of Columbia shall prepare a quarterly report
setting forth detailed information regarding all Federal, private, and
other grants subject to this section. Each such report shall be
submitted to the Council of the District of Columbia, and to the
Committees on Appropriations of the House of Representatives and the
Senate, not later than 15 days after the end of the quarter covered by
the report.
Sec. 120. (a) Restrictions on Use of Official Vehicles.--Except as
otherwise provided in this section, none of the funds made available by
this Act or by any other Act may be used to provide any officer or
employee of the District of Columbia with an official vehicle unless the
officer or employee uses the vehicle only in the performance of the
officer's or employee's official duties. For purposes of this paragraph,
the term ``official duties'' does not include travel between the
officer's or employee's residence and workplace (except: (1) in the case
of an officer or employee of the Metropolitan Police Department who
resides in the District of Columbia or is otherwise designated by the
Chief of the Department; (2) at the discretion of the Fire Chief, an
officer or employee of the District of Columbia Fire and Emergency
Medical Services Department who resides in the District of Columbia and
is on call 24 hours a day; (3) the Mayor of the District of Columbia;
and (4) the Chairman of the Council of the District of Columbia).
(b) Inventory of Vehicles.--The <<NOTE: Deadline.>> Chief Financial
Officer of the District of Columbia shall submit, by November 15, 2001,
an inventory, as of September 30, 2001, of all vehicles owned, leased or
operated by the District of Columbia government. The inventory shall
include, but not be limited to, the department to which the vehicle is
assigned; the year and make of the vehicle; the acquisition date and
cost; the general condition of the vehicle; annual operating and
maintenance costs; current mileage; and whether the vehicle is allowed
to be taken home by a District officer or employee and if so, the
officer or employee's title and resident location.
(c) No officer or employee of the District of Columbia government
(including any independent agency of the District but excluding the
Office of the Chief Technology Officer, the Chief Financial Officer of
the District of Colubmia, and the Metropolitan Police Department) may
enter into an agreement in excess of $2,500 for the procurement of goods
or services on behalf of any entity of the District government until the
officer or employee has conducted an analysis of how the procurement of
the goods and services involved under the applicable regulations and
procedures of the District government would differ from the procurement
of the goods and services involved under the Federal supply schedule and
other applicable regulations and procedures of the General Services
Administration, including an analysis of any differences in the costs to
be incurred and the time required to obtain the goods or services.
Sec. 121. Notwithstanding <<NOTE: Deadline.>> 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
[[Page 115 STAT. 952]]
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
[[Page 115 STAT. 953]]
to provide for voting representation in Congress for the District of
Columbia.
Sec. 125. (a) <<NOTE: Needle exchange.>> 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 <<NOTE: Deadline. Records.>> 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 <<NOTE: Drugs and drug abuse.>> 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 <<NOTE: Contraceptives.>> 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--
[[Page 115 STAT. 954]]
(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 <<NOTE: Applicability.>> section shall
apply with respect to claims received by the Superior Court of the
District of Columbia or the District of Columbia Court of Appeals during
fiscal year 2002, and claims received previously that remain unpaid at
the end of fiscal year 2001, and would have qualified for interest
payment under this section.
Federal Contribution for Enforcement of Law Banning Possession of
Tobacco Products by Minors
Sec. 130. (a) Contribution.--There is hereby appropriated a Federal
contribution of $100,000 to the Metropolitan Police Department of the
District of Columbia, effective upon the enactment by the District of
Columbia of a law which reads as follows:
``ban on possession of tobacco products by minors
``Section 1. (a) In General.--It shall be unlawful for any
individual under 18 years of age to possess any cigarette or other
tobacco product in the District of Columbia.
``(b) Exceptions.--
``(1) Possession in course of employment.--Subsection (a)
shall not apply with respect to an individual making a delivery
of cigarettes or tobacco products in pursuance of employment.
``(2) Participation in law enforcement operation.--
Subsection (a) shall not apply with respect to an individual
possessing products in the course of a valid, supervised law
enforcement operation.
``(c) Penalties.--Any individual who violates subsection (a) shall
be subject to the following penalties:
``(1) For any violation, the individual may be required to
perform community service or attend a tobacco cessation program.
``(2) Upon the first violation, the individual shall be
subject to a civil penalty not to exceed $50.
[[Page 115 STAT. 955]]
``(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 <<NOTE: Reports.>> 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
[[Page 115 STAT. 956]]
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 <<NOTE: Certification.>> Chief Financial
Officer of the District of Columbia shall certify that
the amounts are available.
``(B) The amounts shall be obligated or expended in
accordance with laws enacted by the Council in support
of each such obligation or expenditure.
``(C) The amounts may not be used to fund the
agencies of the District of Columbia government under
court ordered receivership.
``(D) The amounts may be obligated or expended only
if the Mayor notifies the Committees on Appropriations
of the House of Representatives and Senate in writing 30
days in advance of any obligation or expenditure.
``(4) Replenishment.--Any amount of the budget reserve under
paragraph (1) or the cumulative cash reserve under paragraph (2)
which is expended in 1 fiscal year shall be replenished in the
following fiscal year appropriations to maintain the required
balance.''.
(b) Effective Date.--The amendment made by subsection (a) shall take
effect October 1, 2001.
(c) Conforming Amendments.--Section 159(c) of the District of
Columbia Appropriations Act, 2001 (Public Law 106-522; 114 Stat. 2482)
is amended to read as follows:
``(c) Effective Date.--
``(1) In general.--Except as provided in paragraph (2), this
section and the amendments made by this section shall take
effect on October 1, 2000.
``(2) Repeal of positive fund balance requirement.--The
amendment made by subsection (b)(2) shall take effect October 1,
1999.
``(3) Transfer of funds.--All funds identified by the
District government pursuant to section 148 of Public Law 106-
113, as reflected in the certified annual financial report for
fiscal year 2000, shall be deposited during fiscal year 2002
into the Emergency and Contingency Reserve Funds established
pursuant to section 159 of Public Law 106-522, during fiscal
year 2002.''.
(d) Contingency Reserve Fund.--Section 450A(b) of the Home Rule Act
(Public Law 93-198) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--There is established a contingency cash
reserve fund (in this subsection referred to as the `contingency
reserve fund') as an interest-bearing account (separate from
other accounts in the General Fund) into which the Mayor shall
deposit in cash not later than October 1 of each fiscal year
(beginning with fiscal year 2002) such amount as may be required
to maintain a balance in the fund of at least 3 percent of the
total budget appropriated for operating expenditures for such
fiscal year which is derived from local funds (or, in the case
of fiscal years prior to fiscal year 2007, such amount as may be
required to maintain a balance in the
[[Page 115 STAT. 957]]
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 <<NOTE: Deadline.>> 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 <<NOTE: Effective date.>> 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
[[Page 115 STAT. 958]]
710, S.O. 00-97, Act of 2001 (D.C. Act 14-106) shall take effect on the
date of the enactment of such Act or the date of the enactment of this
Act, whichever is later.
Sec. 139. None of the funds contained in this Act may be used to
issue, administer, or enforce any order by the District of Columbia
Commission on Human Rights relating to docket numbers 93-030-(PA) and
93-031-(PA).
Sec. 140. (a) Notwithstanding 20 U.S.C. 1415, 42 U.S.C. 1988, 29
U.S.C 794a, or any other law, none of the funds appropriated under this
Act, or in appropriations Acts for subsequent fiscal years, may be made
available to pay attorneys' fees accrued prior to the effective date of
this Act that exceeds a cap imposed on attorneys' fees by prior
appropriations Acts that were in effect during the fiscal year when the
work was performed, or when payment was requested for work previously
performed, in an action or proceeding brought against the District of
Columbia Public Schools under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.).
(b) No <<NOTE: Deadline. Reports.>> 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 <<NOTE: Deadline. Reports.>> Comptroller General, in
consultation with the relevant agencies and members of the Committees on
Appropriations Subcommittees on the District of Columbia, shall submit
by March 31, 2002 a report to the Committees on Appropriations of the
House and the Senate and the Committee on Governmental Affairs of the
Senate and the Committee on Government Reform of the House of
Representatives detailing the awards in judgment rendered in the
District of Columbia that were in excess of the cap imposed by prior
appropriations Acts in effect during the fiscal year when the work was
performed, or when payment was requested for work previously performed,
in actions brought against the District of Columbia Public Schools under
the Individuals with Disabilities Education Act (20 U.S.C. 1400 et
seq.): Provided, That such report shall include a comparison, to the
extent practicable, of the causes of action and judgments rendered
against public school districts of comparable demographics and
population as the District.
[[Page 115 STAT. 959]]
This Act may be cited as the ``District of Columbia Appropriations
Act, 2002''.
Approved December 21, 2001.
LEGISLATIVE HISTORY--H.R. 2944 (S. 1543):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 107-216 (Comm. on Appropriations) and 107-321
(Comm. of Conference).
SENATE REPORTS: No. 107-85 accompanying S. 1543 (Comm. on
Appropriations).
CONGRESSIONAL RECORD, Vol. 147 (2001):
Sept. 25, considered and passed House.
Nov. 6, 7, considered and passed Senate, amended.
Dec. 6, House agreed to conference report.
Dec. 7, Senate agreed to conference report.
<all>