S.1543 - District of Columbia Appropriations Act, 2002107th Congress (2001-2002)
Bill
Hide Overview| Sponsor: | Sen. Landrieu, Mary L. [D-LA] (Introduced 10/15/2001) |
|---|---|
| Committees: | Senate - Appropriations |
| Committee Reports: | S. Rept. 107-85 |
| Latest Action: | Senate - 01/23/2002 Indefinitely postponed by Senate by Unanimous Consent. (consideration: CR S49) (All Actions) |
| Notes: | For further action, see H.R. 2944, which became Public Law 107-96 on 12/21/2001. |
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Text: S.1543 — 107th Congress (2001-2002)All Information (Except Text)
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Placed on Calendar Senate (10/15/2001)
[Congressional Bills 107th Congress]
[From the U.S. Government Printing Office]
[S. 1543 Placed on Calendar Senate (PCS)]
Calendar No. 196
107th CONGRESS
1st Session
S. 1543
[Report No. 107-85]
Making appropriations for the government of the District of Columbia
and other activities chargeable in whole or in part against the
revenues of said District for the fiscal year ending September 30,
2002, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 15, 2001
Ms. Landrieu, from the Committee on Appropriations, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
Making appropriations for the government of the District of Columbia
and other activities chargeable in whole or in part against the
revenues of said District for the fiscal year ending September 30,
2002, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the District of Columbia for the fiscal year ending
September 30, 2002, and for other purposes, namely:
FEDERAL FUNDS
Federal Payment for Resident Tuition Support
For a Federal payment to the District of Columbia, to be deposited
into a dedicated account, for a nationwide program to be administered
by the Mayor, for District of Columbia resident tuition support,
$17,000,000, to remain available until expended: Provided, That such
funds, including any interest accrued thereon, may be used on behalf of
eligible District of Columbia residents to pay an amount based upon the
difference between in-State and out-of-State tuition at public
institutions of higher education, or to pay up to $2,500 each year at
eligible private institutions of higher education: Provided further,
That the awarding of such funds may be prioritized on the basis of a
resident's academic merit, the income and need of eligible students and
such other factors as may be authorized: Provided further, That the
District of Columbia government shall establish a dedicated account for
the Resident Tuition Support Program that shall consist of the Federal
funds appropriated to the Program in this Act and any subsequent
appropriations, any unobligated balances from prior fiscal years, and
any interest earned in this or any fiscal year: Provided further, That
the account shall be under the control of the District of Columbia
Chief Financial Officer who may use those funds solely for the purposes
of carrying out the Resident Tuition Support Program: Provided further,
That the Resident Tuition Support Program Office and the Office of the
Chief Financial Officer shall provide a quarterly financial report to
the Committees on Appropriations of the Senate and House of
Representatives for these funds showing, by object class, the
expenditures made and the purpose therefor: Provided further, That not
more than seven percent of the amount provided herein for this program
may be used for administrative expenses.
Federal Payment to the District of Columbia Courts
For salaries and expenses for the District of Columbia Courts,
$140,181,000, to be allocated as follows: for the District of Columbia
Court of Appeals, $8,003,000, of which not to exceed $1,500 is for
official reception and representation expenses; for the District of
Columbia Superior Court, $72,694,000, of which not to exceed $1,500 is
for official reception and representation expenses; for the District of
Columbia Court System, $31,634,000, of which not to exceed $1,500 is
for official reception and representation expenses; and $27,850,000 for
capital improvements for District of Columbia courthouse facilities:
Provided, That notwithstanding any other provision of law, all amounts
under this heading shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same manner as
funds appropriated for salaries and expenses of other Federal agencies,
with payroll and financial services to be provided on a contractual
basis with the General Services Administration (GSA), said services to
include the preparation of monthly financial reports, copies of which
shall be submitted directly by GSA to the President and to the
Committees on Appropriations of the Senate and House of
Representatives, the Committee on Governmental Affairs of the Senate,
and the Committee on Government Reform of the House of Representatives:
Provided further, That after providing notice to the Committees on
Appropriations of the Senate and House of Representatives, the District
of Columbia Courts may reallocate not more than $1,000,000 of the funds
provided under this heading among the items and entities funded under
such heading: Provided further, That of this amount not less than
$23,315,000 is for activities authorized under S. 1382, the District of
Columbia Family Court Act of 2001: Provided further, That of the funds
made available for the District of Columbia Superior Court, $6,603,000
may remain available until September 30, 2003: Provided further, That
of the funds made available for the District of Columbia Court System,
$485,000 may remain available until September 30, 2003: Provided
further, That of the funds made available for capital improvements,
$21,855,000 may remain available until September 30, 2003.
Administrative Provisions
Section 11-1722(a), District of Columbia Code, is amended in the
first sentence by striking ``, subject to the supervision of the
Executive Officer''.
Section 11-1723(a)(3), District of Columbia Code, is amended by
striking ``and the internal auditing of the accounts of the courts''.
The Victims of Violent Crime Compensation Act of 1996 (D.C. Code,
sec. 3-421 et seq. (1981 Ed., 1999 Supp.) as amended by Public Law 106-
113, Sec. 160 and Public Law 106-554, Sec. 1(a)(4), H.R. 5666, Division
A, Chapter 4, Sec. 403) is amended: (a) in section 2 (D.C. Code, sec.
3-421 (1981 Ed., 1999 Supp.)), as amended by District of Columbia Law
13-172, Sec. 202(a) (except for paragraph (6)); (b) in section 7(c)
(D.C. Code, sec. 3-426(c) (1981 Ed., 1999 Supp.)), as amended by
District of Columbia Law 13-172, Sec. 202(b); (c) in section 8 (D.C.
Code, sec. 3-427 (1981 Ed., 1999 Supp.)), as amended by District of
Columbia Law 13-172, Sec. 202(c); and (d) in section 16(e) (D.C. Code,
sec. 3-435(e) (1981 Ed., 1999 Supp.)), to read as follows:
``(e) All compensation and attorneys' fees awarded under this
chapter shall be paid from, and subject to, the availability of monies
in the Fund. No more than five percent of the total amount of monies in
the Fund shall be used to pay administrative costs necessary to carry
out this chapter.''.
Section 11-2604, District of Columbia Code, is amended:
(1) in subsection (a), by striking ``50'' and inserting
``75''; and
(2) in subsection (b)--
(A) by striking ``1300'' each time it appears and
inserting ``1900'';
(B) by striking ``2450'' each time it appears and
inserting ``3600''.
Section 16-2326.1(b), District of Columbia Code (1997 Repl.), is
amended--
(1) by striking ``1,100'' each time it appears and
inserting ``1,600'';
(2) in paragraph (3), by striking ``1,500'' and inserting
``2,200''; and
(3) in paragraph (4), by striking ``750'' and inserting
``1,100''.
Defender Services in District of Columbia Courts
For payments authorized under section 11-2604 and section 11-2605,
D.C. Code (relating to representation provided under the District of
Columbia Criminal Justice Act), payments for counsel appointed in
proceedings in the Family Division of the Superior Court of the
District of Columbia under chapter 23 of title 16, D.C. Code, and
payments for counsel authorized under section 21-2060, D.C. Code
(relating to representation provided under the District of Columbia
Guardianship, Protective Proceedings, and Durable Power of Attorney Act
of 1986), $39,311,000, to remain available until expended: Provided,
That the funds provided in this Act under the heading ``Federal Payment
to the District of Columbia Courts'' (other than the $27,850,000
provided under such heading for capital improvements for District of
Columbia courthouse facilities) may also be used for payments under
this heading: Provided further, That in addition to the funds provided
under this heading, the Joint Committee on Judicial Administration in
the District of Columbia may use funds provided in this Act under the
heading ``Federal Payment to the District of Columbia Courts'' (other
than the $27,850,000 provided under such heading for capital
improvements for District of Columbia courthouse facilities), to make
payments described under this heading for obligations incurred during
any fiscal year: Provided further, That funds provided under this
heading shall be administered by the Joint Committee on Judicial
Administration in the District of Columbia: Provided further, That
notwithstanding any other provision of law, this appropriation shall be
apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated for
expenses of other Federal agencies, with payroll and financial services
to be provided on a contractual basis with the General Services
Administration (GSA), said services to include the preparation of
monthly financial reports, copies of which shall be submitted directly
by GSA to the President and to the Committees on Appropriations of the
Senate and House of Representatives, the Committee on Governmental
Affairs of the Senate, and the Committee on Government Reform of the
House of Representatives.
Federal Payment to the District of Columbia Corrections Trustee
Operations
For salaries and expenses of the District of Columbia Corrections
Trustee, $32,700,000 for the administration and operation of
correctional facilities and for the administrative operating costs of
the Office of the Corrections Trustee, as authorized by section 11202
of the National Capital Revitalization and Self-Government Improvement
Act of 1997 (Public Law 105-33; 111 Stat. 712) of which $1,000,000 is
to fund an initiative to improve case processing in the District of
Columbia criminal justice system, $2,500,000 to remain available until
September 30, 2003 is for building renovation or space acquisition
required to accommodate functions transferred from the Lorton
Correctional Complex, and $2,000,000 to remain available until
September 30, 2003, is to be transferred to the appropriate agency for
the closing of the sewage treatment plant and the removal of
underground storage tanks at the Lorton Correctional Complex: Provided,
That notwithstanding any other provision of law, funds appropriated in
this Act for the District of Columbia Corrections Trustee shall be
apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated for
salaries and expenses of other Federal agencies.
Federal Payment to the Court Services and Offender Supervision Agency
for the District of Columbia
(including transfer of funds)
For salaries and expenses, including the transfer and hire of motor
vehicles, of the Court Services and Offender Supervision Agency for the
District of Columbia, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997 (Public Law
105-33; 111 Stat. 712), $147,300,000, of which $13,015,000 shall remain
available until expended, and of which not to exceed $5,000 is for
official receptions related to offender and defendant support programs;
of which $94,112,000 shall be for necessary expenses of Community
Supervision and Sex Offender Registration, to include expenses relating
to supervision of adults subject to protection orders or provision of
services for or related to such persons; $20,829,000 shall be
transferred to the Public Defender Service; and $32,359,000 shall be
available to the Pretrial Services Agency: Provided, That
notwithstanding any other provision of law, all amounts under this
heading shall be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal agencies:
Provided further, That notwithstanding chapter 12 of title 40, United
States Code, the Director may acquire by purchase, lease, condemnation,
or donation, and renovate as necessary, Building Number 17, 1900
Massachusetts Avenue, Southeast, Washington, District of Columbia, or
such other site as the Director of the Court Services and Offender
Supervision Agency may determine as appropriate to house or supervise
offenders and defendants, with funds made available by this Act:
Provided further, That the Director is authorized to accept and use
gifts in the form of in-kind contributions of space and hospitality to
support offender and defendant programs, and equipment and vocational
training services to educate and train offenders and defendants.
Federal Payment to the District of Columbia for Security Costs Related
to the Presence of the Federal Government in the District of Columbia
For a payment to the District of Columbia to reimburse the District
for certain security expenses related to the presence of the Federal
Government in the District of Columbia, $16,058,000: Provided, That a
detailed report of actual and estimated expenses incurred shall be
provided to the Committees on Appropriations of the Senate and House of
Representatives no later than June 15, 2002: Provided further, That of
this amount, $3,406,000 shall be made available for reimbursement of
planning and related expenses incurred by the District of Columbia in
anticipation of providing security for the planned meetings in
September 2001 of the World Bank and the International Monetary Fund in
the District of Columbia: Provided further, That the Mayor and the
Chairman of the Council of the District of Columbia shall develop, in
consultation with the Director of the Office of Personnel Management,
the United States Secret Service, the United States Capitol Police, the
United States Park Police, the Washington Metropolitan Area Transit
Authority, regional transportation authorities, the Federal Emergency
Management Agency and state and local law enforcement entities in the
region an integrated emergency plan for the District of Columbia in
cases of national security events, including terrorist threats,
protests, or other unanticipated events: Provided further, That such
plan shall include a response to attacks or threats of attacks using
biological or chemical agents: Provided further, That the city shall
submit this plan to the Committees on Appropriations of the Senate and
the House of Representatives no later than January 2, 2002: Provided
further, That the Chief Financial Officer of the District of Columbia
shall provide quarterly reports to the Committees on Appropriations of
the Senate and the House of Representatives on the use of the funds
under this heading, beginning no later than January 2, 2002.
Federal Payment to the Thurgood Marshall Academy Charter School
For a Federal payment to the Thurgood Marshall Academy Charter
School, $1,000,000 to be used to acquire and renovate an educational
facility in Anacostia.
Federal Payment to the District of Columbia Public Schools
For a Federal payment to the District of Columbia Public Schools,
$2,750,000, of which $2,000,000 shall be to implement the Voyager
Expanded Learning literacy program in kindergarten and first grade
classrooms in the District of Columbia Public Schools; $250,000 shall
be for the Failure Free Reading literacy program for non-readers and
special education students; and $500,000 for the McKinley Technical
High School for a public/private partnership with Southeastern
University.
Federal Payment to the George Washington University Center for
Excellence in Municipal Management
For a Federal payment to the George Washington University Center
for Excellence in Municipal Management, $250,000 to increase the
enrollment of managers from the District of Columbia government.
Federal Payment to the Children's National Medical Center
For a Federal payment to the Children's National Medical Center in
the District of Columbia, $3,200,000 for capital and equipment
improvements.
Federal Payment for Child and Family Social Services Computer
Integration Plan
For a Federal payment to the District of Columbia, $200,000 for
completion of a plan by the Mayor on integrating the computer systems
of the District of Columbia government with the Family Court of the
Superior Court of the District of Columbia: Provided, That, pursuant to
section 4 of S. 1382, the District of Columbia Family Court Act of
2001, the Mayor shall submit a plan to the President and the Congress
within six months of enactment of that Act, so that social services and
other related services to individuals and families served by the Family
Court of the Superior Court and agencies of the District of Columbia
government (including the District of Columbia Public Schools, the
District of Columbia Housing Authority, the Child and Family Services
Agency, the Office of the Corporation Counsel, the Metropolitan Police
Department, the Department of Health, and other offices determined by
the Mayor) will be able to access and share information on the
individuals and families served by the Family Court.
Federal Payments for District of Columbia and Federal Law Enforcement
Mobile Wireless Interoperability Project
For Federal payments in support of the District of Columbia and the
Federal law enforcement Mobile Wireless Interoperability Project,
$1,400,000, of which $400,000 shall be for a payment to the District of
Columbia Office of the Chief Technology Officer, $333,334 shall be for
a payment to the United States Secret Service, $333,333 shall be for a
payment to the United States Capitol Police, and $333,333 shall be for
a payment to the United States Park Police: Provided, That each agency
shall participate in the preparation of a joint report to the
Committees on Appropriations of the Senate and the House of
Representatives to be submitted no later than March 30, 2002 on the
allocation of these resources and a description of each agencies'
resource commitment to this project for fiscal year 2003.
Federal Payment to the Chief Financial Officer of the District of
Columbia
For a Federal payment to the Chief Financial Officer of the
District of Columbia, $5,900,000, of which $2,250,000 shall be for
payment for a pilot project to demonstrate the ``Active Cap'' river
cleanup technology on the Anacostia River; $500,000 shall be for
payment to the U.S. Soccer Foundation, to be used for environmental and
infrastructure costs at Kenilworth Park in the creation of the
Kenilworth Regional Sports Complex; $600,000 shall be for payment to
the One Economy Corporation, a non-profit organization, to increase
Internet access to low-income homes in the District of Columbia;
$500,000 shall be for payment to the Langston Project for the 21st
Century, a community revitalization project to improve physical
education and training facilities; $1,000,000 shall be for payment to
the Green Door Program, for capital improvements at a community mental
health clinic; $500,000 shall be for payment to the Historical Society
of Washington, for capital improvements to the new City Museum;
$200,000 for a payment to Teach for America DC, for teacher
development; and $350,000 for payment to the District of Columbia Safe
Kids Coalition, to promote child passenger safety through the Child
Occupant Protection Initiative.
Court Appointed Special Advocates
For a Federal payment to the District of Columbia Court Appointed
Special Advocates Unit, $250,000 to be used to expand their work in the
Family Court of the District of Columbia Superior Court.
Child and Family Services Agency--Family Court Reform
For a Federal payment to the District of Columbia Child and Family
Services Agency, $500,000 to be used for activities authorized under S.
1382, the District of Columbia Family Court Act of 2001.
Administrative Provisions
Under the heading ``Federal Payment for Incentives for Adoption of
Children'' in Public Law 106-522, approved November 22, 2000 (114 Stat.
2440), is amended to read as follows: ``For a Federal payment to the
District of Columbia to create incentives to promote the adoption of
children in the District of Columbia foster care system, $5,000,000 to
remain available until September 30, 2003: Provided, That $2,000,000 of
said amount shall be used for attorney fees and home studies: Provided
further, That $1,000,000 of said amount shall be used for the
establishment of a scholarship fund which adoptive families will use
for post high school education and training for adopted children:
Provided further, That $1,000,000 of said amount shall be used for the
establishment of a private adoptive family resource center in the
District of Columbia to provide ongoing information, education and
support to adoptive families: Provided further, That $1,000,000 of said
amount shall be used for adoption incentives and support for children
with special needs.''.
Of the Federal funds made available in the District of Columbia
Appropriations Act, 2001, Public Law 106-522 for the District of
Columbia Public Schools (114 Stat. 2441) and the Metropolitan Police
Department (114 Stat. 2441) such funds may remain available for the
purposes intended until September 30, 2002: Provided, That funds made
available in such Act for Brownfield Remediation (114 Stat. 2445),
shall remain available until expended.
DISTRICT OF COLUMBIA FUNDS
OPERATING EXPENSES
Division of Expenses
The following amounts are appropriated for the District of Columbia
for the current fiscal year out of the general fund of the District of
Columbia, except as otherwise specifically provided: Provided, That
notwithstanding any other provision of law, except as provided in
section 450A of the District of Columbia Home Rule Act (Public Law 93-
198; D.C. Official Code, sec. 1-204.50a), the total amount appropriated
in this Act for operating expenses for the District of Columbia for
fiscal year 2002 under this heading shall not exceed the lesser of the
sum of the total revenues of the District of Columbia for such fiscal
year or $6,051,646,000 (of which $124,163,000 shall be from intra-
District funds and $3,553,300,000 shall be from local funds): Provided
further, That this amount may be increased by (i) proceeds of one-time
transactions, which are expended for emergency or unanticipated
operating or capital needs or (ii) additional expenditures which the
Chief Financial Officer of the District of Columbia certifies will
produce additional revenues during such fiscal year at least equal to
200 percent of such additional expenditures: Provided further, That
such increases shall be approved by enactment of local District law and
shall comply with all reserve requirements contained in this act:
Provided further, That the Chief Financial Officer of the District of
Columbia shall take such steps as are necessary to assure that the
District of Columbia meets these requirements, including the
apportioning by the Chief Financial Officer of the appropriations and
funds made available to the District during fiscal year 2002, except
that the Chief Financial Officer may not reprogram for operating
expenses any funds derived from bonds, notes, or other obligations
issued for capital projects.
Governmental Direction and Support
Governmental direction and support, $307,117,000 (including
$228,471,000 from local funds, $61,367,000 from Federal funds, and
$17,279,000 from other funds): Provided, That not to exceed $2,500 for
the Mayor, $2,500 for the Chairman of the Council of the District of
Columbia, and $2,500 for the City Administrator shall be available from
this appropriation for official purposes: Provided further, That any
program fees collected from the issuance of debt shall be available for
the payment of expenses of the debt management program of the District
of Columbia: Provided further, That no revenues from Federal sources
shall be used to support the operations or activities of the Statehood
Commission and Statehood Compact Commission: Provided further, That
notwithstanding any other provision of law, or Mayor's Order 86-45,
issued March 18, 1986, the Office of the Chief Technology Officer's
delegated small purchase authority shall be $500,000: Provided further,
That the District of Columbia government may not require the Office of
the Chief Technology Officer to submit to any other procurement review
process, or to obtain the approval of or be restricted in any manner by
any official or employee of the District of Columbia government, for
purchases that do not exceed $500,000: Provided further, That not less
than $353,000 shall be available to the Office of the Corporation
Counsel to support increases in the Attorney Retention Allowance:
Provided further, That not less than $50,000 shall be available to
support a mediation services program within the Office of the
Corporation Counsel: Provided further, That not less than $50,000 shall
be available to support a TANF Unit within the Child Support
Enforcement Division of the Office of the Corporation Counsel: Provided
further, That section 403 of the District of Columbia Home Rule Act,
approved December 24, 1973 (Public Law 93-198; D.C. Official Code, sec.
1-204.03), is amended as follows:
(1) Subsection (c) is amended by striking the phrase
``shall receive, in addition to the compensation to which he is
entitled as a member of the Council, $10,000 per annum, payable
in equal installments, for each year he serves as Chairman, but
the Chairman''.
(2) A new subsection (d) is added to read as follows:
``(d) Notwithstanding subsection (a) of this section, as of the
effective date of the District of Columbia Appropriations Act, 2001,
the Chairman shall receive compensation, payable in equal installments,
at a rate equal to $10,000 less than the compensation of the Mayor.''.
Economic Development and Regulation
Economic development and regulation, $230,878,000 (including
$60,786,000 from local funds, $96,199,000 from Federal funds, and
$73,893,000 from other funds), of which $15,000,000 collected by the
District of Columbia in the form of BID tax revenue shall be paid to
the respective BIDs pursuant to the Business Improvement Districts Act
of 1996 (D.C. Law 11-134; D.C. Official Code, sec. 2-1215.01 et seq.),
and the Business Improvement Districts Amendment Act of 1997 (D.C. Law
12-26; D.C. Official Code, sec. 2-1215.15 et seq.): Provided, That such
funds are available for acquiring services provided by the General
Services Administration: Provided further, That Business Improvement
Districts shall be exempt from taxes levied by the District of
Columbia: Provided further, That the Department of Consumer and
Regulatory Affairs use $50,000 of the receipts from the net proceeds
from the contractor that handles the District's occupational and
professional licensing to fund additional staff and equipment for the
Rental Housing Administration: Provided further, That the Department of
Consumer and Regulatory Affairs transfer all local funds resulting from
the lapse of personnel vacancies, caused by transferring DCRA employees
into NSO positions without filling the resultant vacancies, into the
revolving 5-513 fund to be used to implement the provisions in D.C. Act
13-578, the Abatement and Condemnation of Nuisance Properties Omnibus
Amendment Act of 2000, pertaining to the prevention of the demolition
by neglect of historic properties: Provided further, That the fees
established and collected pursuant to D.C. Act 13-578 shall be
identified, and an accounting provided, to the District of Columbia
Council's Committee on Consumer and Regulatory Affairs: Provided
further, That 18 percent of the annual total amount in the 5-513 fund,
up to $500,000, deposited into the 5-513 fund on an annual basis, be
used to implement section 102 and other related sections of D.C. Act
13-578: Provided further, That the Department shall hire, with the
consultation and guidance of the Director of the Office of Personnel on
the necessary qualifications and salary level, from these lapsed funds,
as soon as possible, but in no event later than November 1, 2001, a
professional human resources manager who will become part of the
Department's senior management team, and provide in consultation with
its newly hired human resources professional manager, and the Office of
Personnel, a detailed plan to the Council's Committee on Consumer and
Regulatory Affairs, by December 1, 2001, for the use of the personal
services lapsed funds, including the 58 vacant positions identified by
the Department, in fiscal year 2001 to reclassify positions, augment
pay scales once positions are reclassified where needed to fill
vacancies with qualified and necessary personnel, and to fund these new
and vacant positions.
Public Safety and Justice
Public safety and justice, $632,668,000 (including $593,618,000
from local funds, $8,298,000 from Federal funds, and $30,752,000 from
other funds): Provided, That not to exceed $500,000 shall be available
from this appropriation for the Chief of Police for the prevention and
detection of crime: Provided further, That no less than $173,000,000
shall be available to the Metropolitan Police Department for salaries
in support of 3,800 sworn officers: Provided further, That no less than
$100,000 shall be available in the Department of Corrections budget to
support the Corrections Information Council: Provided further, That no
less than $296,000 shall be available to support the Child Fatality
Review Committee: Provided further, That nothing contained in this
section shall be construed as modifying or affecting the provisions of
section 11(c)(3) of title XII of the District of Columbia Income and
Franchise Tax Act of 1947 (70 Stat. 78; Public Law 84-460; D.C.
Official Code, sec. 47-1812.11(c)(3)): Provided further, That the Mayor
shall reimburse the District of Columbia National Guard for expenses
incurred in connection with services that are performed in emergencies
by the National Guard in a militia status and are requested by the
Mayor, in amounts that shall be jointly determined and certified as due
and payable for these services by the Mayor and the Commanding General
of the District of Columbia National Guard: Provided further, That such
sums as may be necessary for reimbursement to the District of Columbia
National Guard under the preceding proviso shall be available from this
appropriation, and the availability of the sums shall be deemed as
constituting payment in advance for emergency services involved.
Public Education System
Public education system, including the development of national
defense education programs, $1,108,915,000 (including $894,494,000 from
local funds, $187,794,000 from Federal funds, and $26,627,000 from
other funds), to be allocated as follows: $813,292,000 (including
$658,624,000 from local funds, $147,380,000 from Federal funds, and
$7,288,000 from other funds), for the public schools of the District of
Columbia; $47,370,000 (including $19,911,000 from local funds,
$26,917,000 from Federal funds, $542,000 from other funds), for the
State Education Office; $17,000,000 from local funds, previously
appropriated in this Act as a Federal payment, and such sums as may be
necessary to be derived from interest earned on funds contained in the
dedicated account established by the Chief Financial Officer of the
District of Columbia, for resident tuition support at public and
private institutions of higher learning for eligible District of
Columbia residents; and $142,257,000 from local funds for public
charter schools: Provided, That there shall be quarterly disbursement
of funds to the District of Columbia public charter schools, with the
first payment to occur within 15 days of the beginning of each fiscal
year: Provided further, That if the entirety of this allocation has not
been provided as payments to any public charter schools currently in
operation through the per pupil funding formula, the funds shall be
available for public education in accordance with the School Reform Act
of 1995 (Public Law 104-134; D.C. Official Code, sec. 38-
1804.03(A)(2)(D)): Provided further, That $480,000 of this amount shall
be available to the District of Columbia Public Charter School Board
for administrative costs: Provided further, That $76,542,000 (including
$45,912,000 from local funds, $12,539,000 from Federal funds, and
$18,091,000 from other funds) shall be available for the University of
the District of Columbia: Provided further, That $27,256,000 (including
$26,030,000 from local funds, $560,000 from Federal funds and $666,000
other funds) for the Public Library: Provided further, That the
$1,007,000 enhancement shall be allocated such that $500,000 is used
for facilities improvements for 8 of the 26 library branches, $235,000
for 13 FTEs for the continuation of the Homework Helpers Program,
$143,000 for 2 FTEs in the expansion of the Reach Out And Roar (ROAR)
service to licensed day care homes, and $129,000 for 3 FTEs to expand
literacy support into branch libraries: Provided further, That
$2,198,000 (including $1,760,000 from local funds, $398,000 from
Federal funds and $40,000 from other funds) shall be available for the
Commission on the Arts and Humanities: Provided further, That the
public schools of the District of Columbia are authorized to accept not
to exceed 31 motor vehicles for exclusive use in the driver education
program: Provided further, That not to exceed $2,500 for the
Superintendent of Schools, $2,500 for the President of the University
of the District of Columbia, and $2,000 for the Public Librarian shall
be available from this appropriation for official purposes: Provided
further, That none of the funds contained in this Act may be made
available to pay the salaries of any District of Columbia Public School
teacher, principal, administrator, official, or employee who knowingly
provides false enrollment or attendance information under article II,
section 5 of the Act entitled ``An Act to provide for compulsory school
attendance, for the taking of a school census in the District of
Columbia, and for other purposes'', approved February 4, 1925 (D.C.
Official Code, sec. 38-201 et seq.): Provided further, That this
appropriation shall not be available to subsidize the education of any
nonresident of the District of Columbia at any District of Columbia
public elementary and secondary school during fiscal year 2002 unless
the nonresident pays tuition to the District of Columbia at a rate that
covers 100 percent of the costs incurred by the District of Columbia
which are attributable to the education of the nonresident (as
established by the Superintendent of the District of Columbia Public
Schools): Provided further, That this appropriation shall not be
available to subsidize the education of nonresidents of the District of
Columbia at the University of the District of Columbia, unless the
Board of Trustees of the University of the District of Columbia adopts,
for the fiscal year ending September 30, 2002, a tuition rate schedule
that will establish the tuition rate for nonresident students at a
level no lower than the nonresident tuition rate charged at comparable
public institutions of higher education in the metropolitan area:
Provided further, That the District of Columbia Public Schools shall
spend $1,200,000 to implement D.C. Teaching Fellows Program in the
District's public schools: Provided further, That notwithstanding the
amounts otherwise provided under this heading or any other provision of
law, there shall be appropriated to the District of Columbia public
charter schools on July 1, 2002, an amount equal to 25 percent of the
total amount provided for payments to public charter schools in the
proposed budget of the District of Columbia for fiscal year 2003 (as
submitted to Congress), and the amount of such payment shall be
chargeable against the final amount provided for such payments under
the District of Columbia Appropriations Act, 2003: Provided further,
That notwithstanding the amounts otherwise provided under this heading
or any other provision of law, there shall be appropriated to the
District of Columbia Public Schools on July 1, 2002, an amount equal to
10 percent of the total amount provided for the District of Columbia
Public Schools in the proposed budget of the District of Columbia for
fiscal year 2003 (as submitted to Congress), and the amount of such
payment shall be chargeable against the final amount provided for the
District of Columbia Public Schools under the District of Columbia
Appropriations Act, 2003: Provided further, That no less than $200,000
be available for adult education: Provided further, That the third
sentence of section 441 of the District of Columbia Home Rule Act,
approved December 24, 1973 (Public Law 93-198; D.C. Official Code, sec.
1-204.41), is amended to read as follows: ``However, the fiscal year
for the Armory Board shall begin on the first day of January and shall
end on the thirty-first day of December of each calendar year, and,
beginning the first day of July 2003, the fiscal year for the District
of Columbia Public Schools, District of Columbia Public Charter Schools
and the University of the District of Columbia shall begin on the first
day of July and end on the thirtieth day of June of each calendar
year.'': Provided further, That the first paragraph under the heading
``Public Education System'' in Public Law 107-20, approved July 24,
2001, is amended to read as follows: ``For an additional amount for
`Public Education System', $1,000,000 from local funds to remain
available until expended, for the State Education Office for a census-
type audit of the student enrollment of each District of Columbia
Public School and of each public charter school and $12,000,000 from
local funds for the District of Columbia Public Schools to conduct the
2001 summer school session.''.
Human Support Services
(including transfer of funds)
Human support services, $1,803,923,000 (including $711,072,000 from
local funds, $1,075,960,000 from Federal funds, and $16,891,000 from
other funds): Provided, That $27,986,000 of this appropriation, to
remain available until expended, shall be available solely for District
of Columbia employees' disability compensation: Provided further, That
$75,000,000 shall be available to the Health Care Safety Net
Administration established by section 1802 of the Fiscal Year 2002
Budget Support Act of 2001, D.C. Bill 14-144; $90,000,000 available
under the District of Columbia Appropriations Act, 2001 (Public Law
106-522) to the Public Benefit Corporation for restructuring shall be
made available to the Health Care Safety Net Administration for the
purpose of restructuring the delivery of health services in the
District of Columbia and shall remain available until expended:
Provided further, That no less than $7,500,000 of this appropriation,
to remain available until expended, shall be deposited in the Addiction
Recovery Fund established pursuant to section 5 of the Choice in Drug
Treatment Act of 2000, effective July 8, 2000 (D.C. Law 13-146; D.C.
Official Code, sec. 7-3004), and used solely for the purpose of the
Drug Treatment Choice Program established pursuant to section 4 of the
Choice in Drug Treatment Act of 2000 (D.C. Official Code, sec. 7-3003):
Provided further, That no less than $500,000 of the $7,500,000
appropriated for the Addiction Recovery Fund shall be used solely to
pay treatment providers who provide substance abuse treatment to TANF
recipients under the Drug Treatment Choice Program: Provided further,
That no less than $2,000,000 of this appropriation shall be used solely
to establish, by contract, a 2-year pilot substance abuse program for
youth ages 16 through 21 years of age: Provided further, That no less
than $60,000 be available for a D.C. Energy Office Matching Grant:
Provided further, That no less than $2,150,000 be available for a pilot
Interim Disability Assistance program pursuant to title L of the Fiscal
Year 2002 Budget Support Act (D.C. Bill 14-144).
Public Works
Public works, including rental of one passenger-carrying vehicle
for use by the Mayor and three passenger-carrying vehicles for use by
the Council of the District of Columbia and leasing of passenger-
carrying vehicles, $300,151,000 (including $286,334,000 from local
funds, $4,392,000 from Federal funds, and $9,425,000 from other funds):
Provided, That this appropriation shall not be available for collecting
ashes or miscellaneous refuse from hotels and places of business:
Provided further, That no less than $650,000 be available for a
mechanical alley sweeping program: Provided further, That no less than
$6,400,000 be available for residential parking enforcement: Provided
further, That no less than $100,000 be available for a General Counsel
to the Department of Public Works: Provided further, That no less than
$3,600,000 be available for ticket processing: Provided further, That
no less than 14 residential parking control aides or 10 percent of the
residential parking control force be available for night time
enforcement of out-of-state tags: Provided further, That of the total
of 3,000 additional parking meters being installed in commercial
districts and in commercial loading zones none be installed at loading
zones, or entrances at apartment buildings and none be installed in
residential neighborhoods: Provided further, That no less than $262,000
be available for taxicab enforcement activities: Provided further, That
no less than $241,000 be available for a taxicab driver security
revolving fund: Provided further, That no less than $30,084,000 in
local appropriations be available to the Division of Transportation,
within the Department of Public Works: Provided further, That no less
than $12,000,000 in rights-of-way fees shall be available for the Local
Roads, Construction and Maintenance Fund: Provided further, That
funding for a proposed separate Department of Transportation is
contingent upon Council approval of a reorganization plan: Provided
further, That no less than $313,000 be available for handicapped
parking enforcement: Provided further, That no less than $190,000 be
available for the Ignition Interlock Device Program: Provided further,
That no less than $473,000 be available for the Motor Vehicle Insurance
Enforcement Program: Provided further, That $11,000,000 shall be
available for transfer to the Highway Trust Fund's Local Roads,
Construction and Maintenance Fund, upon certification by the Chief
Financial Officer that funds are available from the 2001 budgeted
reserve or where the Chief Financial Officer certifies that additional
local revenues are available.
Receivership Programs
For all agencies of the District of Columbia government under court
ordered receivership, $403,868,000 (including $250,015,000 from local
funds, $134,839,000 from Federal funds, and $19,014,000 from other
funds).
Workforce Investments
For workforce investments, $42,896,000 from local funds, to be
transferred by the Mayor of the District of Columbia within the various
appropriation headings in this Act for which employees are properly
payable.
Reserve
For replacement of funds expended, if any, during fiscal year 2001
from the Reserve established by section 202(j) of the District of
Columbia Financial Responsibility and Management Assistance Act of
1995, Public Law 104-8, $120,000,000 from local funds.
Reserve Relief
For reserve relief, $30,000,000, for the purpose of spending funds
made available through the reduction from $150,000,000 to $120,000,000
in the amount required for the Reserve established by section 202(j) of
the District of Columbia Financial Responsibility and Management
Assistance Act of 1995, Public Law 104-8: Provided, That $12,000,000
shall be available to the District of Columbia Public Schools and
District of Columbia Public Charter Schools for educational
enhancements: Provided further, That $18,000,000 shall be available
pursuant to a local District law: Provided further, That of the
$30,000,000, funds shall only be expended upon: (i) certification by
the Chief Financial Officer of the District of Columbia that the funds
are available and not required to address potential deficits, (ii)
enactment of local District law detailing the purpose for the
expenditure, (iii) prior notification by the Mayor to the Committees on
Appropriations of both the Senate and House of Representatives in
writing 30 days in advance of any such expenditure: Provided further,
That the $18,000,000 provided pursuant to local law shall be expended
only when the Emergency Reserve established pursuant to Section 450A(a)
of the District of Columbia Home Rule Act (Public Law 93-198; D.C.
Official Code, sec. 1-204.50a(a)), has a minimum balance in the amount
of $150,000,000.
Emergency and Contingency Reserve Funds
For the Emergency and Contingency Reserve Funds established under
section 450A of the District of Columbia Home Rule Act (Public Law 93-
198; D.C. Official Code, sec. 1-204.50a(b)), the Mayor may deposit the
proceeds required pursuant to Section 159(a) of Public Law 106-522 and
Section 404(c) of Public Law 106-554 in the Contingency Reserve Fund
beginning in fiscal year 2002 if the minimum emergency reserve balance
requirement established in Section 450A(c) has been met.
Repayment of Loans and Interest
For payment of principal, interest, and certain fees directly
resulting from borrowing by the District of Columbia to fund District
of Columbia capital projects as authorized by sections 462, 475, and
490 of the District of Columbia Home Rule Act (Public Law 93-198; D.C.
Official Code, secs. 1-204.62, 1-204.75, 1-204.90), $247,902,000 from
local funds: Provided, That any funds set aside pursuant to section 148
of the District of Columbia Appropriations Act, 2000 (Public Law 106-
113; 113 Stat. 1523) that are not used in the reserve funds established
herein shall be used for Pay-As-You-Go Capital Funds: Provided further,
That for equipment leases, the Mayor may finance $14,300,000 of
equipment cost, plus cost of issuance not to exceed 2 percent of the
par amount being financed on a lease purchase basis with a maturity not
to exceed 5 years: Provided further, That $4,440,000 shall be for the
Fire and Emergency Medical Services Department, $2,010,000 shall be for
the Department of Parks and Recreation, and $7,850,000 shall be for the
Department of Public Works: Provided further, That no less than
$533,000 be available for trash transfer capital debt service.
Repayment of General Fund Recovery Debt
For the purpose of eliminating the $331,589,000 general fund
accumulated deficit as of September 30, 1990, $39,300,000 from local
funds, as authorized by section 461(a) of the District of Columbia Home
Rule Act, (105 Stat. 540; D.C. Official Code, sec. 1-204.61(a)).
Payment of Interest on Short-Term Borrowing
For payment of interest on short-term borrowing, $500,000 from
local funds.
Wilson Building
For expenses associated with the John A. Wilson Building,
$8,859,000 from local funds.
Emergency Reserve Fund Transfer
Subject to the issuance of bonds to pay the purchase price of the
District of Columbia's right, title, and interest in and to the Master
Settlement Agreement, and consistent with the Tobacco Settlement Trust
Fund Establishment Act of 1999 (D.C. Official Code, sec. 7-
1811.01(a)(ii)) and the Tobacco Settlement Financing Act of 2000 (D.C.
Official Code, sec. 7-1831.03 et seq.), there is transferred the amount
available pursuant thereto and Section 404(c) of Public Law 106-554 to
the Emergency and Contingency Reserve Funds established pursuant to
section 450A of the District of Columbia Home Rule Act (Public Law 93-
198; D.C. Official Code, sec. 1-204.50a(a)).
Non-Departmental Agency
To account for anticipated costs that cannot be allocated to
specific agencies during the development of the proposed budget
including anticipated employee health insurance cost increases and
contract security costs, $5,799,000 from local funds.
ENTERPRISE AND OTHER FUNDS
Water and Sewer Authority
For operation of the Water and Sewer Authority, $244,978,000 from
other funds for fiscal year 2002 of which $44,244,000 shall be
apportioned for repayment of loans and interest incurred for capital
improvement projects ($17,953,000 payable to the District's debt
service fund and $26,291,000 payable for other debt service).
For construction projects, $152,114,000, in the following capital
programs: $52,600,000 for the Blue Plains Wastewater Treatment Plant,
$11,148,000 for the sewer program, $109,000 for the combined sewer
program, $118,000 for the stormwater program, $77,957,000 for the water
program, $10,182,000 for the capital equipment program: Provided, That
the requirements and restrictions that are applicable to general fund
capital improvements projects and set forth in this Act under the
Capital Outlay appropriation account shall apply to projects approved
under this appropriation account.
Washington Aqueduct
For operation of the Washington Aqueduct, $46,510,000 from other
funds for fiscal year 2002.
Stormwater Permit Compliance Enterprise Fund
For operation of the Stormwater Permit Compliance Enterprise Fund,
$3,100,000 from other funds for fiscal year 2002.
Lottery and Charitable Games Enterprise Fund
For the Lottery and Charitable Games Enterprise Fund, established
pursuant to the District of Columbia Appropriation Act, 1982 (95 Stat.
1174, 1175; Public Law 97-91), for the purpose of implementing the Law
to Legalize Lotteries, Daily Numbers Games, and Bingo and Raffles for
Charitable Purposes in the District of Columbia (D.C. Law 3-172; D.C.
Official Code, sec. 3-1301 et seq. and sec. 22-1716 et seq.),
$229,688,000: Provided, That the District of Columbia shall identify
the source of funding for this appropriation title from the District's
own locally generated revenues: Provided further, That no revenues from
Federal sources shall be used to support the operations or activities
of the Lottery and Charitable Games Control Board.
Sports and Entertainment Commission
For the Sports and Entertainment Commission, $9,127,000 from other
funds: Provided, That the Mayor shall submit a budget for the Armory
Board for the forthcoming fiscal year as required by section 442(b) of
the District of Columbia Home Rule Act (87 Stat. 824; Public Law 93-
198; D.C. Official Code, sec. 1-204.42(b)).
District of Columbia Retirement Board
For the District of Columbia Retirement Board, established by
section 121 of the District of Columbia Retirement Reform Act of 1979
(93 Stat. 866; D.C. Official Code, sec. 1-711), $13,388,000 from the
earnings of the applicable retirement funds to pay legal, management,
investment, and other fees and administrative expenses of the District
of Columbia Retirement Board: Provided, That the District of Columbia
Retirement Board shall provide the Mayor, for transmittal to the
Council of the District of Columbia, an itemized accounting of the
planned use of appropriated funds in time for each annual budget
submission and the actual use of such funds in time for each annual
audited financial report.
Washington Convention Center Enterprise Fund
For the Washington Convention Center Enterprise Fund, $57,278,000
from other funds.
Housing Finance Agency
For the Housing Finance Agency, $4,711,000 from other funds.
National Capital Revitalization Corporation
For the National Capital Revitalization Corporation, $2,673,000
from other funds.
CAPITAL OUTLAY
(including rescissions)
For construction projects, an increase of $1,550,786,700 of which
$1,348,782,387 shall be from local funds, $44,431,135 shall be from the
Highway Trust Fund, and $157,573,178 shall be from Federal funds, and a
rescission of $476,182,431 from local funds appropriated under this
heading in prior fiscal years, for a net amount of $1,074,604,269 to
remain available until expended: Provided, That funds for use of each
capital project implementing agency shall be managed and controlled in
accordance with all procedures and limitations established under the
Financial Management System: Provided further, That all funds provided
by this appropriation title shall be available only for the specific
projects and purposes intended: Provided further, That the capital
budget of $83,400,000 for the Department of Health shall not be
available until the District of Columbia Council's Committee on Human
Services receives a report on the use of any capital funds for projects
on the grounds of D.C. General Hospital: Provided further, That
notwithstanding the foregoing, all authorizations for capital outlay
projects, except those projects covered by the first sentence of
section 23(a) of the Federal Aid Highway Act of 1968 (82 Stat. 827;
Public Law 90-495), for which funds are provided by this appropriation
title, shall expire on September 30, 2003, except authorizations for
projects as to which funds have been obligated in whole or in part
prior to September 30, 2003: Provided further, That upon expiration of
any such project authorization, the funds provided herein for the
project shall lapse: Provided further, That except for funds approved
in the budgets prior to the fiscal year 2002 budget and FL-MA2 in the
fiscal year 2002 Budget Request, no local funds may be expended to
renovate, rehabilitate or construct any facility within the boundaries
of census tract 68.04 for any purpose associated with the D.C.
Department of Corrections, the CSOSA, or the federal Bureau of Prisons
unit until such time as the Mayor shall present to the Council for its
approval, a plan for the development of census tract 68.04 south of
East Capitol Street, S.E., and the housing of any misdemeanants,
felons, ex-offenders, or persons awaiting trial within the District of
Columbia: Provided further, That none of the conditions set forth in
this paragraph shall interfere with the operations of any Federal
agency.
GENERAL PROVISIONS
Sec. 101. Whenever in this Act, an amount is specified within an
appropriation for particular purposes or objects of expenditure, such
amount, unless otherwise specified, shall be considered as the maximum
amount that may be expended for said purpose or object rather than an
amount set apart exclusively therefor.
Sec. 102. Appropriations in this Act shall be available for
expenses of travel and for the payment of dues of organizations
concerned with the work of the District of Columbia government, when
authorized by the Mayor: Provided, That in the case of the Council of
the District of Columbia, funds may be expended with the authorization
of the chair of the Council.
Sec. 103. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of legal settlements or judgments that have been
entered against the District of Columbia government: Provided, That
nothing contained in this section shall be construed as modifying or
affecting the provisions of section 11(c)(3) of title XII of the
District of Columbia Income and Franchise Tax Act of 1947 (70 Stat. 78;
Public Law 84-460; D.C. Code, sec. 47-1812.11(c)(3)).
Sec. 104. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 105. No funds appropriated in this Act for the District of
Columbia government for the operation of educational institutions, the
compensation of personnel, or for other educational purposes may be
used to permit, encourage, facilitate, or further partisan political
activities. Nothing herein is intended to prohibit the availability of
school buildings for the use of any community or partisan political
group during non-school hours.
Sec. 106. None of the Federal funds appropriated in this Act shall
be used for publicity or propaganda purposes or implementation of any
policy including boycott designed to support or defeat legislation
pending before Congress or any State legislature.
Sec. 107. At the start of the fiscal year, the Mayor shall develop
an annual plan, by quarter and by project, for capital outlay
borrowings: Provided, That within a reasonable time after the close of
each quarter, the Mayor shall report to the Council of the District of
Columbia and the Congress the actual borrowings and spending progress
compared with projections.
Sec. 108. (a) None of the funds provided under this Act to the
agencies funded by this Act, both Federal and District government
agencies, that remain available for obligation or expenditure in fiscal
year 2002, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
for an agency through a reprogramming of funds which: (1) creates new
programs; (2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied, limited or
increased by Congress in this Act; (4) increases funds or personnel by
any means for any program, project, or responsibility center for which
funds have been denied or restricted; (5) reestablishes through
reprogramming any program or project previously deferred through
reprogramming; (6) augments existing programs, projects, or
responsibility centers through a reprogramming of funds in excess of
$1,000,000 or 10 percent, whichever is less; or (7) increases by 20
percent or more personnel assigned to a specific program, project or
responsibility center; unless the Committees on Appropriations of both
the Senate and House of Representatives are notified in writing 30 days
in advance of any reprogramming as set forth in this section.
(b) None of the local funds contained in this Act may be available
for obligation or expenditure for an agency through a reprogramming or
transfer of funds which transfers any local funds from one
appropriation title to another unless the Committees on Appropriations
of the Senate and House of Representatives are notified in writing 30
days in advance of the reprogramming or transfer, except that in no
event may the amount of any funds reprogrammed or transferred exceed
four percent of the local funds.
Sec. 109. Consistent with the provisions of 31 U.S.C. 1301(a),
appropriations under this Act shall be applied only to the objects for
which the appropriations were made except as otherwise provided by law.
Sec. 110. Notwithstanding any other provisions of law, the
provisions of the District of Columbia Government Comprehensive Merit
Personnel Act of 1978 (D.C. Law 2-139; D.C. Code, sec. 1-601.1 et
seq.), enacted pursuant to section 422(3) of the District of Columbia
Home Rule Act (87 Stat. 790; Public Law 93-198; D.C. Code, sec. 1-
242(3)), shall apply with respect to the compensation of District of
Columbia employees: Provided, That for pay purposes, employees of the
District of Columbia government shall not be subject to the provisions
of title 5, United States Code.
Sec. 111. No later than 30 days after the end of the first quarter
of the fiscal year ending September 30, 2002, the Mayor of the District
of Columbia shall submit to the Council of the District of Columbia the
new fiscal year 2002 revenue estimates as of the end of the first
quarter of fiscal year 2002. These estimates shall be used in the
budget request for the fiscal year ending September 30, 2003. The
officially revised estimates at midyear shall be used for the midyear
report.
Sec. 112. No sole source contract with the District of Columbia
government or any agency thereof may be renewed or extended without
opening that contract to the competitive bidding process as set forth
in section 303 of the District of Columbia Procurement Practices Act of
1985 (D.C. Law 6-85; D.C. Code, sec. 1-1183.3), except that the
District of Columbia government or any agency thereof may renew or
extend sole source contracts for which competition is not feasible or
practical: Provided, That the determination as to whether to invoke the
competitive bidding process has been made in accordance with duly
promulgated rules and procedures and said determination has been
reviewed and certified by the Chief Financial Officer of the District
of Columbia.
Sec. 113. For purposes of the Balanced Budget and Emergency Deficit
Control Act of 1985 (99 Stat. 1037; Public Law 99-177), the term
``program, project, and activity'' shall be synonymous with and refer
specifically to each account appropriating Federal funds in this Act,
and any sequestration order shall be applied to each of the accounts
rather than to the aggregate total of those accounts: Provided, That
sequestration orders shall not be applied to any account that is
specifically exempted from sequestration by the Balanced Budget and
Emergency Deficit Control Act of 1985.
Sec. 114. In the event a sequestration order is issued pursuant to
the Balanced Budget and Emergency Deficit Control Act of 1985 (99 Stat.
1037: Public Law 99-177), after the amounts appropriated to the
District of Columbia for the fiscal year involved have been paid to the
District of Columbia, the Mayor of the District of Columbia shall pay
to the Secretary of the Treasury, within 15 days after receipt of a
request therefor from the Secretary of the Treasury, such amounts as
are sequestered by the order: Provided, That the sequestration
percentage specified in the order shall be applied proportionately to
each of the Federal appropriation accounts in this Act that are not
specifically exempted from sequestration by such Act.
Sec. 115. Acceptance and Use of Gifts. (a) Approval by Mayor.--
(1) In general.--An entity of the District of Columbia
government may accept and use a gift or donation during fiscal
year 2002 if--
(A) the Mayor approves the acceptance and use of
the gift or donation (except as provided in paragraph
(2)); and
(B) the entity uses the gift or donation to carry
out its authorized functions or duties.
(2) Exception for council and courts.--The Council of the
District of Columbia and the District of Columbia courts may
accept and use gifts without prior approval by the Mayor.
(b) Records and Public Inspection.--Each entity of the District of
Columbia government shall keep accurate and detailed records of the
acceptance and use of any gift or donation under subsection (a), and
shall make such records available for audit and public inspection.
(c) Independent Agencies Included.--For the purposes of this
section, the term ``entity of the District of Columbia government''
includes an independent agency of the District of Columbia.
(d) Exception for Board of Education.--This section shall not apply
to the District of Columbia Board of Education, which may, pursuant to
the laws and regulations of the District of Columbia, accept and use
gifts to the public schools without prior approval by the Mayor.
Sec. 116. None of the Federal funds provided in this Act may be
used by the District of Columbia to provide for salaries, expenses, or
other costs associated with the offices of United States Senator or
United States Representative under section 4(d) of the District of
Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Code, sec. 1-113(d)).
Sec. 117. None of the funds appropriated under this Act shall be
expended for any abortion except where the life of the mother would be
endangered if the fetus were carried to term or where the pregnancy is
the result of an act of rape or incest.
Sec. 118. None of the Federal funds made available in this Act may
be used to implement or enforce the Health Care Benefits Expansion Act
of 1992 (D.C. Law 9-114; D.C. Code, sec. 36-1401 et seq.) or to
otherwise implement or enforce any system of registration of unmarried,
cohabiting couples, including but not limited to registration for the
purpose of extending employment, health, or governmental benefits to
such couples on the same basis that such benefits are extended to
legally married couples.
Sec. 119. Acceptance and Use of Grants. Notwithstanding any other
provision of this Act, the Mayor, in consultation with the Chief
Financial Officer, may accept, obligate, and expend Federal, private,
and other grants received by the District government that are not
reflected in the amounts appropriated in this Act. No such Federal,
private, or other grant may be accepted, obligated, or expended until
(1) the Chief Financial Officer of the District of Columbia submits to
the Council a report setting forth detailed information regarding such
grant, and (2) the Council has reviewed and approved the acceptance,
obligation, and expenditure of such grant, such approval contingent
upon (A) no written notice of disapproval being filed with the
Secretary to the Council within 14 calendar days of the receipt of the
report from the Chief Financial Officer, and no oral notice of
disapproval is given during a meeting of the Council during such 14
calendar day period, the report shall be deemed to be approved, and (B)
should notice of disapproval be given during such initial 14-calendar
day period, the Council may approve or disapprove the report by
resolution within 30 calendar days of the initial receipt of the report
from the Chief Financial Officer, or such report shall be deemed to be
approved. No amount may be obligated or expended from the general fund
or other funds of the District government in anticipation of the
approval or receipt of a grant or in anticipation of the approval or
receipt of a Federal, private, or other grant not subject to these
provisions. The Chief Financial Officer of the District of Columbia
shall prepare a quarterly report setting forth detailed information
regarding all Federal, private, and other grants subject to these
provisions. Each such report shall be submitted to the Council of the
District of Columbia, and to the Committees on Appropriations of the
House of Representatives and the Senate, not later than 15 days after
the end of the quarter covered by the report.
Sec. 120. (a) Restrictions on Use of Official Vehicles.--Except as
otherwise provided in this section, none of the funds made available by
this Act or by any other Act may be used to provide any officer or
employee of the District of Columbia with an official vehicle unless
the officer or employee uses the vehicle only in the performance of the
officer's or employee's official duties. For purposes of this
paragraph, the term ``official duties'' does not include travel between
the officer's or employee's residence and workplace (except: (1) in the
case of an officer or employee of the Metropolitan Police Department
who resides in the District of Columbia or is otherwise designated by
the Chief of the Department; (2) at the discretion of the Fire Chief,
an officer or employee of the District of Columbia Fire and Emergency
Medical Services Department who resides in the District of Columbia and
is on call 24 hours a day; (3) the Mayor of the District of Columbia;
and (4) the Chairman of the Council of the District of Columbia).
(b) Inventory of Vehicles.--The Chief Financial Officer of the
District of Columbia shall submit, by November 15, 2001, an inventory,
as of September 30, 2001, of all vehicles owned, leased or operated by
the District of Columbia government. The inventory shall include, but
not be limited to, the department to which the vehicle is assigned; the
year and make of the vehicle; the acquisition date and cost; the
general condition of the vehicle; annual operating and maintenance
costs; current mileage; and whether the vehicle is allowed to be taken
home by a District officer or employee and if so, the officer or
employee's title and resident location.
Sec. 121. No officer or employee of the District of Columbia
government (including any independent agency of the District but
excluding the Chief Financial Officer of the District of Columbia, the
Metropolitan Police Department, and the Office of the Chief Technology
Officer) may enter into an agreement in excess of $2,500 for the
procurement of goods or services on behalf of any entity of the
District government until the officer or employee has conducted an
analysis of how the procurement of the goods and services involved
under the applicable regulations and procedures of the District
government would differ from the procurement of the goods and services
involved under the Federal supply schedule and other applicable
regulations and procedures of the General Services Administration,
including an analysis of any differences in the costs to be incurred
and the time required to obtain the goods or services.
Sec. 122. Notwithstanding any other provision of law, not later
than 120 days after the date that a District of Columbia Public Schools
(DCPS) student is referred for evaluation or assessment--
(1) the District of Columbia Board of Education, or its
successor, and DCPS shall assess or evaluate a student who may
have a disability and who may require special education
services; and
(2) if a student is classified as having a disability, as
defined in section 101(a)(1) of the Individuals with
Disabilities Education Act (84 Stat. 175; 20 U.S.C. 1401(a)(1))
or in section 7(8) of the Rehabilitation Act of 1973 (87 Stat.
359; 29 U.S.C. 706(8)), the Board and DCPS shall place that
student in an appropriate program of special education
services.
Sec. 123. (a) Compliance With Buy American Act.--None of the funds
made available in this Act may be expended by an entity unless the
entity agrees that in expending the funds the entity will comply with
the Buy American Act (41 U.S.C. 10a-10c).
(b) Sense of the Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In
the case of any equipment or product that may be authorized to
be purchased with financial assistance provided using funds
made available in this Act, it is the sense of the Congress
that entities receiving the assistance should, in expending the
assistance, purchase only American-made equipment and products
to the greatest extent practicable.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act,
the head of each agency of the Federal or District of Columbia
government shall provide to each recipient of the assistance a
notice describing the statement made in paragraph (1) by the
Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.
Sec. 124. None of the funds contained in this Act may be used for
purposes of the annual independent audit of the District of Columbia
government for fiscal year 2002 unless--
(1) the audit is conducted by the Inspector General of the
District of Columbia, in coordination with the Chief Financial
Officer of the District of Columbia, pursuant to section
208(a)(4) of the District of Columbia Procurement Practices Act
of 1985 (D.C. Code, sec. 1-1182.8(a)(4)); and
(2) the audit includes a comparison of audited actual year-
end results with the revenues submitted in the budget document
for such year and the appropriations enacted into law for such
year.
Sec. 125. None of the Federal funds contained in this Act may be
used by the District of Columbia Corporation Counsel or any other
officer or entity of the District government to provide assistance for
any petition drive or civil action which seeks to require Congress to
provide for voting representation in Congress for the District of
Columbia.
Sec. 126. No later than November 1, 2001, or within 30 calendar
days after the date of the enactment of this Act, whichever occurs
later, the Chief Financial Officer of the District of Columbia shall
submit to the appropriate committees of Congress, the Mayor, and the
Council a revised appropriated funds operating budget in the format of
the budget that the District of Columbia government submitted pursuant
to section 442 of the District of Columbia Home Rule Act (Public Law
93-198; D.C. Code, sec. 47-301), for all agencies of the District of
Columbia government for such fiscal year that is in the total amount of
the approved appropriation and that realigns all budgeted data for
personal services and other-than-personal-services, respectively, with
anticipated actual expenditures.
Sec. 127. (a) None of the Federal funds contained in this Act may
be used for any program of distributing sterile needles or syringes for
the hypodermic injection of any illegal drug.
(b) Any individual or entity who receives any funds contained in
this Act and who carries out any program described in subsection (a)
shall account for all funds used for such program separately from any
funds contained in this Act.
Sec. 128. None of the funds contained in this Act may be used after
the expiration of the 60-day period that begins on the date of the
enactment of this Act to pay the salary of any chief financial officer
of any office of the District of Columbia government who has not filed
a certification with the Mayor and the Chief Financial Officer of the
District of Columbia that the officer understands the duties and
restrictions applicable to the officer and the officer's agency as a
result of this Act (and the amendments made by this Act), including any
duty to prepare a report requested either in the Act or in any of the
reports accompanying the Act and the deadline by which each report must
be submitted, and the District's Chief Financial Officer shall provide
to the Committees on Appropriations of the Senate and the House of
Representatives by the 10th day after the end of each quarter a summary
list showing each report, the due date and the date submitted to the
Committees.
Sec. 129. (a) None of the funds contained in this Act may be used
to enact or carry out any law, rule, or regulation to legalize or
otherwise reduce penalties associated with the possession, use, or
distribution of any schedule I substance under the Controlled
Substances Act (21 U.S.C. 802) or any tetrahydrocannabinols derivative.
(b) The Legalization of Marijuana for Medical Treatment Initiative
of 1998, also known as Initiative 59, approved by the electors of the
District of Columbia on November 3, 1998, shall not take effect.
Sec. 130. Nothing in this Act may be construed to prevent the
Council or Mayor of the District of Columbia from addressing the issue
of the provision of contraceptive coverage by health insurance plans,
but it is the intent of Congress that any legislation enacted on such
issue should include a ``conscience clause'' which provides exceptions
for religious beliefs and moral convictions.
prompt payment of appointed counsel
Sec. 131. (a) Assessment of Interest for Delayed Payments.--If the
Superior Court of the District of Columbia or the District of Columbia
Court of Appeals does not make a payment described in subsection (b)
prior to the expiration of the 45-day period which begins on the date
the Court receives a completed voucher for a claim for the payment,
interest shall be assessed against the amount of the payment which
would otherwise be made to take into account the period which begins on
the day after the expiration of such 45-day period and which ends on
the day the Court makes the payment.
(b) Payments Described.--A payment described in this subsection
is--
(1) a payment authorized under section 11-2604 and section
11-2605, D.C. Code (relating to representation provided under
the District of Columbia Criminal Justice Act);
(2) a payment for counsel appointed in proceedings in the
Family Division of the Superior Court of the District of
Columbia under chapter 23 of title 16, D.C. Code; or
(3) a payment for counsel authorized under section 21-2060,
D.C. Code (relating to representation provided under the
District of Columbia Guardianship, Protective Proceedings, and
Durable Power of Attorney Act of 1986).
(c) Standards for Submission of Completed Vouchers.--The chief
judges of the Superior Court of the District of Columbia and the
District of Columbia Court of Appeals shall establish standards and
criteria for determining whether vouchers submitted for claims for
payments described in subsection (b) are complete, and shall publish
and make such standards and criteria available to attorneys who
practice before such Courts.
(d) Rule of Construction.--Nothing in this section shall be
construed to require the assessment of interest against any claim (or
portion of any claim) which is denied by the Court involved.
(e) Effective Date.--This section shall apply with respect to
claims received by the Superior Court of the District of Columbia or
the District of Columbia Court of Appeals during fiscal year 2002, and
claims received previously that remain unpaid at the end of fiscal year
2001, and would have qualified for interest payment under this section.
Sec. 132. The Mayor of the District of Columbia shall submit to the
Senate and House Committees on Appropriations, the Senate Governmental
Affairs Committee, and the House Government Reform Committee quarterly
reports addressing the following issues: (1) crime, including the
homicide rate, implementation of community policing, the number of
police officers on local beats, and the closing down of open-air drug
markets; (2) access to drug abuse treatment, including the number of
treatment slots, the number of people served, the number of people on
waiting lists, and the effectiveness of treatment programs; (3)
management of parolees and pre-trial violent offenders, including the
number of halfway house escapes and steps taken to improve monitoring
and supervision of halfway house residents to reduce the number of
escapes to be provided in consultation with the Court Services and
Offender Supervision Agency; (4) education, including access to special
education services and student achievement to be provided in
consultation with the District of Columbia Public Schools; (5)
improvement in basic District services, including rat control and
abatement; (6) application for and management of Federal grants,
including the number and type of grants for which the District was
eligible but failed to apply and the number and type of grants awarded
to the District but for which the District failed to spend the amounts
received; and (7) indicators of child well-being.
reserve funds
Sec. 133. (a) In General.--Section 202(j) of Public Law 104-8, the
District of Columbia Financial Responsibility and Management Assistance
Act of 1995 is amended to read as follows:
``(j) Reserve Funds.--
``(1) Budget reserve.--
``(A) In general.--For each of the fiscal years
2002 and 2003, the budget of the District government
for the fiscal year shall contain a budget reserve in
the following amounts:
``(i) $120,000,000, in the case of fiscal
year 2002.
``(ii) $70,000,000, in the case of fiscal
year 2003.
``(B) Availability of funds.--Any amount made
available from the budget reserve described in
subparagraph (A) shall remain available until expended.
``(2) Cumulative cash reserve.--In addition to any other
cash reserves required under section 450A of the District of
Columbia Home Rule Act, for each of the fiscal years 2004 and
2005, the budget of the District government for the fiscal year
shall contain a cumulative cash reserve of $50,000,000.
``(3) Conditions on use.--The District of Columbia may
obligate or expend amounts in the budget reserve under
paragraph (1) or the cumulative cash reserve under paragraph
(2) only in accordance with the following conditions:
``(A) The Chief Financial Officer of the District
of Columbia shall certify that the amounts are
available.
``(B) The amounts shall be obligated or expended in
accordance with laws enacted by the Council in support
of each such obligation or expenditure.
``(C) The amounts may not be used to fund the
agencies of the District of Columbia government under
court ordered receivership.
``(D) The amounts may be obligated or expended only
if the Mayor notifies the Committees on Appropriations
of the House of Representatives and Senate in writing
30 days in advance of any obligation or expenditure.
``(4) Replenishment.--Any amount of the budget reserve
under paragraph (1) or the cumulative cash reserve under
paragraph (2) which is expended in one fiscal year shall be
replenished in the following fiscal year appropriations to
maintain the required balance.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect October 1, 2001.
(c) Conforming Amendments.--Section 159(c) of the District of
Columbia Appropriations Act, 2001 (Public Law 106-522; 114 Stat. 2482)
is amended to read as follows:
``(c) Effective Date.--
``(1) In general.--Except as provided in paragraph (2),
this section and the amendments made by this section shall take
effect on October 1, 2000.
``(2) Repeal of positive fund balance requirement.--The
amendment made by subsection (b)(2) shall take effect October
1, 1999.
``(3) Transfer of funds.--All funds identified by the
District government pursuant to section 148 of Public Law 106-
113, as reflected in the certified annual financial report for
fiscal year 2000, shall be deposited during fiscal year 2002
into the Emergency and Contingency Reserve Funds established
pursuant to Section 159 of Public Law 106-522, during fiscal
year 2002.''.
(d) Contingency Reserve Fund.--Section 450A(b) of the Home Rule Act
(Public Law 93-198) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--There is established a contingency cash
reserve fund (in this subsection referred to as the
`contingency reserve fund') as an interest-bearing account
(separate from other accounts in the General Fund) into which
the Mayor shall deposit in cash not later than October 1 of
each fiscal year (beginning with fiscal year 2002) such amount
as may be required to maintain a balance in the fund of at
least 3 percent of the total budget appropriated for operating
expenditures for such fiscal year which is derived from local
funds (or, in the case of fiscal years prior to fiscal year
2007, such amount as may be required to maintain a balance in
the fund of at least the minimum contingency reserve balance
for such fiscal year, as determined under paragraph (2)).'';
and
(2) by striking subparagraph (B) of paragraph (2) and
inserting the following:
``(B) Applicable percentage defined.--In
subparagraph (A), the `applicable percentage' with
respect to a fiscal year means the following:
``(i) For fiscal year 2002, 0 percent.
``(ii) For fiscal year 2003, 0 percent.
``(iii) For fiscal year 2004, 0 percent.
``(iv) For fiscal year 2005, 1 percent.
``(v) For fiscal year 2006, 2 percent.''.
Sec. 134. Integrated Product Team. No funds appropriated by this
Act shall be available for an Integrated Product Team until
reorganization plans for the Integrated Product Team and a Capital
Construction Services Administration have been approved, or deemed
approved, by the Council: Provided, That this paragraph shall not apply
to funds appropriated for the Office of Contracting and Procurement.
Sec. 135. Corporation Counsel Antitrust, Antifraud, Consumer
Protection Funds. All funds whenever deposited in the District of
Columbia Antitrust Fund established pursuant to section 2 of the
District of Columbia Antitrust Act of 1980 (D.C. Law 3-169; D.C. Code
Sec. 28-4516), the Antifraud Fund established pursuant to section 820
of the District of Columbia Procurement Practices Act of 1985,
effective February 21, 1986 (D.C. Law 6-85; D.C. Code Sec. 1-1188.20),
and the District of Columbia Consumer Protection Fund established
pursuant to section 1402 of the District of Columbia Budget Support Act
for fiscal year 2001 (D.C. Law 13-172; D.C. Code Sec. 28-3911), are
hereby appropriated for the use of the Office of the Corporation
Counsel of the District of Columbia until September 30, 2003, in
accordance with the statutes that established these funds.
Sec. 136. Risk Management for Settlements and Judgments. In
addition to any other authority to pay claims and judgments, any
department, agency, or instrumentality of the District government may
pay the settlement or judgment of a claim or lawsuit in an amount less
than $10,000, in accordance with the Risk Management for Settlements
and Judgments Amendment Act of 2000, effective October 19, 2000 (D.C.
Law 13-172; D.C. Official Code Sec. 2-402).
This Act may be cited as the ``District of Columbia Appropriations
Act, 2002''.
Calendar No. 196
107th CONGRESS
1st Session
S. 1543
[Report No. 107-85]
_______________________________________________________________________
A BILL
Making appropriations for the government of the District of Columbia
and other activities chargeable in whole or in part against the
revenues of said District for the fiscal year ending September 30,
2002, and for other purposes.
_______________________________________________________________________
October 15, 2001
Read twice and placed on the calendar