Bill summaries are authored by CRS.

Shown Here:
Reported to Senate without amendment (10/15/2001)

District of Columbia Appropriations Act, 2002 - Makes appropriations to the District of Columbia for FY 2002, including amounts for the Federal payments: (1) for District of Columbia Resident Tuition Support; (2) to District of Columbia Courts; (3) for Defender Services in District of Columbia Courts; (4) to the District of Columbia Corrections Trustee Operations; (5) to the Court Services and Offender Supervision Agency for the District of Columbia (including transfer of funds); (6) to the District of Columbia for security costs related to the presence of the Federal Government in the District; (7) to the Thurgood Marshall Academy Charter School; (8) to the District of Columbia Public Schools; (9) to the George Washington University Center for Excellence in Municipal Management; (10) to the Children's National Medical Center; (11) for a Child and Family Social Services Computer Integration Plan; (12) for District of Columbia and Federal Law Enforcement Mobile Wireless Interoperability; (13) to the Chief Financial Officer of the District; (14) to the District of Columbia Court Appointed Special Advocates Unit; and (15) to the District of Columbia Child and Family Services Agency for activities authorized by the Family Court Act of 2001. Requires the Federal payment made available in the District of Columbia Appropriations Act, 2001: (1) for the District of Columbia Public Schools and the Metropolitan Police Department to remain available for the purposes intended through FY 2002; and (2) for the Brownfield Remediation to be available until expended.

Appropriates specified sums out of the District's general fund (and other funds, in some cases) for the current fiscal year for: (1) operating expenses (with limitations); (2) governmental direction and support; (3) economic development and regulation; (4) public safety and justice; (5) the public education system; (6) human support services (including transfer of funds); (7) public works; (8) receivership programs; (9) workforce investments; (10) the Reserve; (11) reserve relief; (12) the Emergency and Contingency Reserve Fund; (13) repayment of certain loans and interest; (14) repayment of General Fund Recovery Debt; (15) the John A. Wilson Building; (16) for certain non-departmental agency costs; (17) the Water and Sewer Authority; (18) the Washington Aqueduct; (19) the Stormwater Permit Compliance Enterprise Fund; (20) the Lottery and Charitable Games Enterprise Fund; (21) the Sports and Entertainment Commission; (22) the District of Columbia Retirement Board; (23) the Washington Convention Center Enterprise Fund; (24) the Housing Finance Agency; (25) the National Capital Revitalization Corporation; and (26) capital outlay (including rescissions).

Transfers limited funds to the Emergency Reserve Fund.

Sets forth authorizations as well as limitations and prohibitions on the uses of appropriations under this Act, and directives to the Mayor, the Council, and the Board of Education identical with or similar to those in the District of Columbia Appropriations Act, 2001.

(Sec. 111) Requires the Mayor to submit to the D.C. Council, within 30 days after the end of the first quarter of FY 2002, the new FY 2002 revenue estimates as of the end of such quarter, to be used in the budget request for FY 2003.

(Sec. 115) Permits an entity of the District of Columbia government to accept and use a gift or donation during FY 2002 to carry out authorized functions or duties if approved by the Mayor. Exempts the Council, the District of Columbia courts, and the District of Columbia Board of Education from this requirement.

(Sec. 117) Prohibits the expenditure of funds appropriated under this Act for abortions except where the mother's life would be endangered if the fetus were carried to term or in cases of rape or incest.

(Sec. 118) Bars the use of funds under this Act to implement or enforce: (1) the District of Columbia Health Care Benefits Expansion Act of 1992 (also known as the District Domestic Partner Act); or (2) any system of registration of unmarried, cohabiting couples for purposes of extending them benefits on the same basis as such benefits are extended to legally married couples.

(Sec. 119) Allows the Mayor to 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 if the Chief Financial Officer reports to the D.C. Council detailed information regarding such grant, and the Council approves such activity. Prohibits any obligation or expenditure from the general fund or other District government funds in anticipation of the approval or receipt of a Federal, private, or other grant not subject to this Act.

(Sec. 122) Requires the District of Columbia Board of Education, or its successor, and the District of Columbia Public Schools (DCPS), within 120 days of referral, to: (1) assess or evaluate any student who may have a disability and may require special education services; and (2) place in an appropriate program of special education any student classified as having a disability.

(Sec. 123) Requires recipients of funds under this Act to comply with the Buy American Act.

Expresses the sense of Congress that, to the greatest extent practicable, such funds should be used to purchase only American-made equipment and products.

Declares a person ineligible to receive any contract made with funds provided under this Act if the person has been judicially determined to have intentionally affixed a "Made in America" label to a product that is not U.S.-made.

(Sec. 125) Prohibits the use of Federal funds contained in this Act: (1) by the District of Columbia Corporation Counsel or any other District government officer or entity to provide assistance for any petition drive or civil action which seeks to require Congress to provide for voting representation in Congress for the District; (2) for any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug (requires individuals or entities who do so to account for all funds used for such program separately from any funds contained in this Act); (3) 60 days after its enactment to pay the salary of any chief financial officer of any District government office who has not filed a certification with the Mayor and Chief Financial Officer that the officer understands the duties and restrictions applicable, including reports required as a result of this Act or its amendments; or (4) 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 or any tetrahydrocannabinols (THC) derivative.

(Sec. 126) Requires the Chief Financial Officer, by November 1, 2001, or within 30 calendar years after this Act's enactment, whichever occurs later, to submit to appropriate congressional committees, the Mayor, and the Council, a revised appropriated funds operating budget in the format of the budget that the District government submitted pursuant to the Home Rule Act for all District government agencies 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. 129) Provides that the Legalization of Marijuana for Medical Treatment Initiative of 1998, also known as Initiative 59, approved by the electors of the District on November 3, 1998, shall not take effect.

(Sec. 130) Provides that nothing in this Act may be construed to prevent the Council from addressing the issue of the provision of contraceptive coverage by health insurance plans. Expresses 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.

(Sec. 131) Requires the Superior Court of the District of Columbia or the District of Columbia Court of Appeals to assign interest on a voucher submitted by a court-appointed attorney for payment if the voucher is not paid within 45 days of its submission.

(Sec. 132) Requires the Mayor to report quarterly to specified congressional committees on the following District issues: (1) crime; (2) access to drug abuse treatment; (3) management of parolees and pre-trial violent offenders; (4) education; (5) improvement in basic District services, including rat control and abatement; (6) application for and management of Federal grants; and (7) indicators of child well-being.

(Sec. 133) Amends the District of Columbia Financial Responsibility and Management Assistance Act of 1995 to require: (1) for FY 2002 and 2003 the District government budget to contain a budget reserve in specified amounts to remain available until expended; and (2) for FY 2004 and 2005 such budget to contain a cumulative cash reserve of $50,000. Specifies conditions on the use of such funds by the District. Provides that if any amount of the budget reserve or the cumulative cash reserve is expended in one fiscal year it shall be replenished in the following fiscal year appropriations to maintain the required balance.

Amends the District of Columbia Appropriations Act, 2001 to make the repeal on current requirements for a positive reserve fund balance effective October 1, 1999 instead of October 1, 2000.

Requires all funds identified by the District government in the Consolidated Appropriations Act, 2000 pertaining to the reserve fund as reflected in the certified annual financial report for FY 2000, to be deposited during FY 2002 in the Emergency and Contingency Reserve Funds.

Amends the Home Rule Act to establish a contingency reserve fund (separate from other accounts in the General Fund) into which the Mayor shall deposit in cash by October 1 of each fiscal year (beginning with FY 2002) such amount as may be required to maintain a balance in the fund of at least three 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 before FY 2007, such amount as may be required to maintain a balance in the fund of at least the minimum contingency reserve balance for such fiscal year, as determined under the Act).

(Sec. 134) Prohibits funds appropriated by this Act (except those for the Office of Contracting and Procurement) from being 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.

(Sec. 135) Appropriates all funds whenever deposited in the District of Columbia Antitrust Fund, the Antifraud Fund, and the District of Columbia Consumer Protection Fund for the use of the Office of the Corporation Counsel of the District of Columbia through FY 2003, in accordance with the statutes that established these funds.

(Sec. 136) Provides that, in addition to any other authority to pay claims and judgments, any District department, agency, or instrumentality 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 2002.