76–476

107TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 107–321

MAKING APPROPRIATIONS FOR THE GOVERNMENT OF THE

DISTRICT OF COLUMBIA AND OTHER ACTIVITIES

CHARGEABLE IN WHOLE OR IN PART AGAINST REVENUES OF SAID DISTRICT FOR THE FISCAL YEAR ENDING

SEPTEMBER 30, 2002, AND FOR OTHER PURPOSES

DECEMBER 5, 2001.—Ordered to be printed

Mr. KNOLLENBERG, from the committee of conference,

submitted the following

CONFERENCE REPORT

[To accompany H.R. 2944]

The committee of conference on the disagreeing votes of the

two Houses on the amendment of the Senate to the bill (H.R. 2944)

‘‘making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against

revenues of said District for the fiscal year ending September 30,

2002, and for other purposes’’, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows:

That the House recede from its disagreement to the amendment of the Senate, and agree to the same with an amendment, as

follows:

In lieu of the matter stricken and inserted by said amendment,

insert:

That the following sums are appropriated, out of any money in the

Treasury not otherwise appropriated, for the District of Columbia

for the fiscal year ending September 30, 2002, and for other purposes, namely:

FEDERAL FUNDS

FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

For a Federal payment to the District of Columbia, to be deposited into a dedicated account, for a nationwide program to be administered by the Mayor, for District of Columbia resident tuition

support, $17,000,000, to remain available until expended: Provided,

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That such funds, including any interest accrued thereon, may be

used on behalf of eligible District of Columbia residents to pay an

amount based upon the difference between in-State and out-of-State

tuition at public institutions of higher education, or to pay up to

$2,500 each year at eligible private institutions of higher education:

Provided further, That the awarding of such funds may be

prioritized on the basis of a resident’s academic merit, the income

and need of eligible students and such other factors as may be authorized: Provided further, That the District of Columbia government shall establish a dedicated account for the Resident Tuition

Support Program that shall consist of the Federal funds appropriated to the Program in this Act and any subsequent appropriations, any unobligated balances from prior fiscal years, and any interest earned in this or any fiscal year: Provided further, That the

account shall be under the control of the District of Columbia Chief

Financial Officer who shall use those funds solely for the purposes

of carrying out the Resident Tuition Support Program: Provided

further, That the Resident Tuition Support Program Office and the

Office of the Chief Financial Officer shall provide a quarterly financial report to the Committees on Appropriations of the Senate and

House of Representatives for these funds showing, by object class,

the expenditures made and the purpose therefor: Provided further,

That not more than seven percent of the total amount appropriated

for this program may be used for administrative expenses.

FEDERAL PAYMENT FOR INCENTIVES FOR ADOPTION OF CHILDREN

The paragraph under the heading ‘‘Federal Payment for Incentives for Adoption of Children’’ in Public Law 106–113, approved

November 29, 1999 (113 Stat. 1501), is amended to read as follows:

‘‘For a Federal payment to the District of Columbia to create incentives to promote the adoption of children in the District of Columbia

foster care system, $5,000,000: Provided, That such funds shall remain available until September 30, 2003, and shall be used to carry

out all of the provisions of title 38 of the Fiscal Year 2001 Budget

Support Act of 2000, effective October 19, 2000 (D.C. Law 13–172),

as amended, except for section 3808: Provided further, That

$1,000,000 of said amount shall be used for the establishment of a

scholarship fund for District of Columbia children of adoptive families, and District of Columbia children without parents due to the

September 11, 2001 terrorist attack to be used for post high school

education and training.’’.

FEDERAL PAYMENT TO THE CAPITOL CITY CAREER DEVELOPMENT

AND JOB TRAINING PARTNERSHIP

For a Federal Payment to the Capitol City Career Development

and Job Training Partnership, $500,000.

FEDERAL PAYMENT TO THE CAPITOL EDUCATION FUND

For a Federal payment to the Capitol Education Fund,

$500,000.

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FEDERAL PAYMENT TO THE METROPOLITAN KAPPA YOUTH

DEVELOPMENT FOUNDATION, INC.

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

FEDERAL PAYMENT TO THE FIRE AND EMERGENCY MEDICAL

SERVICES DEPARTMENT

For a Federal payment to the Fire and Emergency Medical

Services Department, $500,000 for dry-docking of the Fire Boat.

FEDERAL PAYMENT TO THE CHIEF MEDICAL EXAMINER

For a Federal payment to the Chief Medical Examiner,

$585,000 for reduction in the backlog of autopsies, case reports and

for the purchase of toxicology and histology equipment.

FEDERAL PAYMENT TO THE YOUTH LIFE FOUNDATION

For a Federal payment to the Youth Life Foundation, $250,000

for technical assistance, operational expenses, and establishment of

a National Training Institute.

FEDERAL PAYMENT TO FOOD AND FRIENDS

For a Federal payment to Food and Friends, $2,000,000 for

their Capital Campaign.

FEDERAL PAYMENT TO THE CITY ADMINISTRATOR

For a Federal payment to the City Administrator, $300,000 for

the Criminal Justice Coordinating Council for the District of Columbia.

FEDERAL PAYMENT TO SOUTHEASTERN UNIVERSITY

For a Federal payment to Southeastern University, $500,000 for

a public/private partnership with the District of Columbia Public

Schools at the McKinley Technology High School campus.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC SCHOOLS

For a Federal payment to the District of Columbia Public

Schools, $2,500,000, of which $2,000,000 shall be to implement the

Voyager Expanded Learning literacy program in kindergarten and

first grade classrooms in the District of Columbia Public Schools;

$250,000 shall be for the Failure Free Reading literacy program for

non-readers and special education students; and $250,000 for

Lightspan, Inc. to implement the eduTest.com program in the District of Columbia Public Schools.

FEDERAL PAYMENTS FOR DISTRICT OF COLUMBIA AND FEDERAL LAW

ENFORCEMENT MOBILE WIRELESS INTEROPERABILITY PROJECT

For Federal payments in support of the District of Columbia

and the Federal law enforcement Mobile Wireless Interoperability

Project, $1,400,000, of which $400,000 shall be for a payment to the

District of Columbia Office of the Chief Technology Officer,

$333,334 shall be for a payment to the United States Secret Service,

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$333,333 shall be for a payment to the United States Capitol Police,

and $333,333 shall be for a payment to the United States Park Police: Provided, That each agency shall participate in the preparation

of a joint report to the Committees on Appropriations of the Senate

and the House of Representatives to be submitted no later than

March 30, 2002 on the allocation of these resources and a description of each agencies’ resource commitment to this project for fiscal

year 2003.

FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY

COSTS IN THE DISTRICT OF COLUMBIA

For a Federal payment to the District of Columbia for emergency planning and security costs and to reimburse the District for

certain security expenses related to the presence of the Federal Government in the District of Columbia, $16,058,000: Provided, That

$12,652,000 shall be made available immediately to the District of

Columbia Emergency Management Agency for planning, training,

and personnel costs required for development and implementation of

the emergency operations plan for the District of Columbia, to be

submitted to the appropriate Federal agencies: Provided further,

That a detailed report of actual and estimated expenses incurred

shall be provided to the Committees on Appropriations of the Senate

and the House of Representatives no later than June 15, 2002: Provided further, That $3,406,000 of such amount shall be made available immediately for reimbursement of fiscal year 2001 expenses incurred by the District of Columbia for equipment purchased for providing security for the planned meetings in September 2001 of the

World Bank and the International Monetary Fund in the District of

Columbia: Provided further, That the Mayor and the Chairman of

the Council of the District of Columbia shall develop, in consultation with the Director of the Office of Personnel Management, the

United States Secret Service, the United States Capitol Police, the

United States Park Police, the Washington Metropolitan Area Transit Authority, regional transportation authorities, the Federal Emergency Management Agency, the Governor of the State of Maryland

and the Governor of the Commonwealth of Virginia, the county executives of contiguous counties of the region and the respective state

and local law enforcement entities in the region an integrated emergency operations plan for the District of Columbia in cases of national security events, including terrorist threats, protests, or other

unanticipated events: Provided further, That such plan shall include a response to attacks or threats of attacks using biological or

chemical agents: Provided further, That the city shall submit this

plan to the Committees on Appropriations of the Senate and the

House of Representatives no later than January 2, 2002: Provided

further, That the Chief Financial Officer of the District of Columbia

shall provide quarterly reports to the Committees on Appropriations

on the use of the funds under this heading, beginning not later than

April 2, 2002.

FEDERAL PAYMENT TO THE CHIEF FINANCIAL OFFICER OF THE

DISTRICT OF COLUMBIA

For a Federal payment to the Chief Financial Officer of the District of Columbia, $8,300,000, of which $2,250,000 shall be for payVerDate 11-MAY-2000 06:37 Dec 06, 2001 Jkt 076476 PO 00000 Frm 00004 Fmt 6659 Sfmt 6603 E:\HR\OC\HR321.XXX pfrm04 PsN: HR321
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ment for a pilot project to demonstrate the ‘‘Active Cap’’ river cleanup technology on the Anacostia River; $500,000 shall be for payment to the Washington, D.C. Sports and Entertainment Commission which, in coordination with the U.S. Soccer Foundation, shall

use the funds for environmental and infrastructure costs at Kenilworth Park in the creation of the Kenilworth Regional Sports

Complex; $600,000 shall be for payment to the One Economy Corporation, a non-profit organization, to increase Internet access to

low-income homes in the District of Columbia; $500,000 shall be for

payment to the Langston Project for the 21st Century, a community

revitalization project to improve physical education and training facilities; $1,000,000 shall be for payment to the Green Door Program,

for capital improvements at a community mental health clinic;

$500,000 shall be for payment to the Historical Society of Washington, for capital improvements to the new City Museum; $200,000

for a payment to Teach for America DC, for teacher development;

$350,000 for payment to the District of Columbia Safe Kids Coalition, to promote child passenger safety through the Child Occupant

Protection Initiative; $50,000 for payment for renovations at Eastern

Market; $1,000,000 shall be for payment to the Excel Institute Adult

Education Program to be used by the Institute for construction and

to acquire construction services provided by the General Services

Administration on a reimbursable basis; $300,000 shall be for payment to the Woodlawn Cemetery for restoration of the Cemetery;

$250,000 shall be for payment to the Real World Schools concerning

21st Century reform models for secondary education and the use of

technology to support learning in the District of Columbia; $300,000

shall be for payment to a mentoring program and for hotline services; $250,000 shall be for payment to a youth development program

with a character building curriculum; and $250,000 shall be for

payment to a basic values training program.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA CORRECTIONS

TRUSTEE OPERATIONS

For salaries and expenses of the District of Columbia Corrections Trustee, $30,200,000 for the administration and operation of

correctional facilities and for the administrative operating costs of

the Office of the Corrections Trustee, as authorized by section 11202

of the National Capital Revitalization and Self-Government Improvement Act of 1997 (Public Law 105–33; 111 Stat. 712) of which

$1,000,000 is to fund an initiative to improve case processing in the

District of Columbia criminal justice system, $500,000 to remain

available until September 30, 2003 for building renovations or

space acquisition required to accommodate functions transferred

from the Lorton Correctional Complex, and $1,500,000 to remain

available until September 30, 2003, to be transferred to the appropriate agency for the closing of the sewage treatment plant and the

removal of underground storage tanks at the Lorton Correctional

Complex: Provided, That notwithstanding any other provision of

law, funds appropriated in this Act for the District of Columbia

Corrections Trustee shall be apportioned quarterly by the Office of

Management and Budget and obligated and expended in the same

manner as funds appropriated for salaries and expenses of other

Federal agencies.

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FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS

For salaries and expenses for the District of Columbia Courts,

$112,180,000, to be allocated as follows: for the District of Columbia

Court of Appeals, $8,003,000, of which not to exceed $1,500 is for

official reception and representation expenses; for the District of Columbia Superior Court, $66,091,000, of which not to exceed $1,500

is for official reception and representation expenses; for the District

of Columbia Court System, $31,594,000, of which not to exceed

$1,500 is for official reception and representation expenses; and

$6,492,000 for capital improvements for District of Columbia courthouse facilities: Provided, That notwithstanding any other provision

of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and

expended in the same manner as funds appropriated for salaries

and expenses of other Federal agencies, with payroll and financial

services to be provided on a contractual basis with the General

Services Administration (GSA), said services to include the preparation of monthly financial reports, copies of which shall be submitted

directly by GSA to the President and to the Committees on Appropriations of the Senate and House of Representatives, the Committee

on Governmental Affairs of the Senate, and the Committee on Government Reform of the House of Representatives: Provided further,

That funds made available for capital improvements may remain

available until September 30, 2003.

ADMINISTRATIVE PROVISIONS

Section 11–1722(a), District of Columbia Code, is amended in

the first sentence by striking ‘‘, subject to the supervision of the Executive Officer’’.

Section 11–1723(a)(3), District of Columbia Code, is amended

by striking ‘‘and the internal auditing of the accounts of the courts’’.

CRIME VICTIMS COMPENSATION FUND

(a) TREATMENT OF UNOBLIGATED BALANCES.—Section 16(d) of

the Victims of Violent Crime Compensation Act of 1996 (sec. 4–

515(d), D.C. Official Code), as amended by section 403 of the Miscellaneous Appropriations Act, 2001 (as enacted into law by section

1(a)(4) of the Consolidated Appropriations Act, 2001), is amended—

(1) by striking ‘‘in excess of $250,000’’;

(2) by striking ‘‘and approved by’’ and inserting ‘‘which is

submitted to’’; and

(3) by striking ‘‘and not less than 80 percent’’ and all that

follows and inserting the following: ‘‘except that under such

plan—

‘‘(1) 50 percent of such balance shall be used for direct compensation payments to crime victims through the Fund under

this section and in accordance with this Act; and

‘‘(2) 50 percent of such balance shall be used for outreach

activities designed to increase the number of crime victims who

apply for such direct compensation payments.’’.

(b) LIMIT ON USE OF AMOUNTS FOR ADMINISTRATIVE EXPENSES.—Section 16(e) of such Act (sec. 4–515(e), D.C. Official

Code), as amended by section 202(d) of the Fiscal Year 2001 Budget

7

Support Act of 2000 (D.C. Law 13–172), is amended to read as follows:

‘‘(e) All compensation payments and attorneys’ fees awarded

under this Act shall be paid from, and subject to, the availability

of monies in the Fund. Not more than 5 percent of the total amount

of monies in the Fund may be used to pay administrative costs necessary to carry out this Act.’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall take effect as if included in the enactment of section 403 of the

Miscellaneous Appropriations Act, 2001.

PAYMENTS FOR REPRESENTATION OF INDIGENTS

(a) SERVICES OF COUNSEL.—

(1) IN GENERAL.—Section 11–2604, District of Columbia

Code, is amended—

(A) in subsection (a), by striking ‘‘$50’’ and inserting

‘‘$65’’; and

(B) in subsection (b)—

(i) by striking ‘‘$1300’’ each place it appears and

inserting ‘‘$1900’’, and

(ii) by striking ‘‘$2450’’ each place it appears and

inserting ‘‘$3600’’.

(2) NEGLECT AND PARENTAL RIGHTS TERMINATION PROCEEDINGS.—Section 16–2326.01(b), District of Columbia Code,

is amended—

(A) by striking ‘‘$1,100’’ each place it appears and inserting ‘‘$1,600’’;

(B) in paragraph (3), by striking ‘‘$1,500’’ and inserting ‘‘$2,200’’; and

(C) in paragraph (4), by striking ‘‘$750’’ and inserting

‘‘$1,100’’.

(b) SERVICES OF INVESTIGATORS, EXPERTS, AND OTHERS.—Section 11–2605, District of Columbia Code, is amended—

(1) by redesignating subsections (b) and (c) as subsections

(c) and (d); and

(2) by inserting after subsection (a) the following new subsection:

‘‘(b) Subject to the applicable limits described in subsections (c)

and (d), an individual providing services under this section shall be

compensated at a fixed rate of $25 per hour, and shall be reimbursed for expenses reasonably incurred.’’.

(c) EFFECTIVE DATE.—The amendments made by this provision shall apply with respect to cases and proceedings initiated

on or after March 1, 2002.

Section 11–2604, District of Columbia Code, is amended:

(1) in subsection (a), by striking ‘‘50’’ and inserting ‘‘75’’;

and

(2) in subsection (b)—

(A) by striking ‘‘1300’’ each time it appears and inserting ‘‘1900’’;

(B) by striking ‘‘2450’’ each time it appears and inserting ‘‘3600’’.

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FEDERAL PAYMENT FOR FAMILY COURT ACT

For carrying out the District of Columbia Family Court Act of

2001, $24,016,000, of which $23,316,000 shall be for the Superior

Court of the District of Columbia and $700,000 shall be for the

Mayor of the District of Columbia of which $200,000 shall be for

completion of a plan by the Mayor on integrating the computer systems of the District of Columbia government with the Family Court

of the Superior Court of the District of Columbia: Provided, That

the Mayor shall submit a plan to the President and the Congress

within six months of enactment of that Act, so that social services

and other related services to individuals and families serviced by

the Family Court of the Superior Court and agencies of the District

of Columbia government (including the District of Columbia Public

Schools, the District of Columbia Housing Authority, the Child and

Family Services Agency, the Office of the Corporation Counsel, the

Metropolitan Police Department, the Department of Health, and

other offices determined by the Mayor) will be able to access and

share information on the individuals and families served by the

Family Court: Provided further, That $500,000 of such amount provided to the Mayor shall be for the Child and Family Services Agency to be used for social workers to implement Family Court reform:

Provided further, That the chief judge of the Superior Court shall

submit the transition plan for the Family Court of the Superior

Court as required under the District of Columbia Family Court Act

of 2001 to the Comptroller General (in addition to any other requirements under such section): Provided further, That the Comptroller

General shall prepare and submit to the President and Congress an

analysis of the contents and effectiveness of the plan, including an

analysis of whether the plan contains all of the information required under such section within 30 calendar days after the submission of the plan by the Superior Court: Provided further, That the

funds provided under this heading to the Superior Court shall not

be made available until the expiration of the 30-day period (excluding Saturdays, Sundays, legal public holidays, and any day on

which neither House of Congress is in session because of an adjournment sine die, a recess of more that 3 days, or an adjournment

of more than 3 days) which begins on the date the Comptroller General submits such analysis to the President and Congress: Provided

further, That the Mayor shall prepare and submit to the President,

Congress, and the Comptroller General a plan for the use of the

funds provided to the Mayor under this heading, consistent with the

requirements of the District of Columbia Family Court Act of 2001,

including the requirement to integrate the computer systems of the

District government with the computer systems of the Superior

Court: Provided further, That the Comptroller General shall prepare

and submit to the President and Congress an analysis of the contents and effectiveness of the plan within 30 calendar days after the

submission of the plan by the Mayor: Provided further, That the

funds provided under this heading to the Mayor shall not be made

available until the expiration of the 30-day period (excluding Saturdays, Sundays, legal public holidays, and any day on which neither

House of Congress is in session because of an adjournment sine die,

a recess of more than 3 days, or an adjournment of more than 3

9

days) which begins on the date the Comptroller General submits

such plan to the President and Congress.

DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS

For payments authorized under section 11–2604 and section 11–

2605, D.C. Official Code (relating to representation provided under

the District of Columbia Criminal Justice Act), payments for counsel appointed in proceedings in the Family Division of the Superior

Court of the District of Columbia under chapter 23 of title 16, D.C.

Code, and payments for counsel authorized under section 21–2060,

D.C. Code (relating to representation provided under the District of

Columbia Guardianship, Protective Proceedings, and Durable

Power of Attorney Act of 1986), $34,311,000, to remain available

until expended: Provided, That the funds provided in this Act under

the heading ‘‘Federal Payment to the District of Columbia Courts’’

(other than the $6,492,000 provided under such heading for capital

improvements for District of Columbia courthouse facilities) may

also be used for payments under this heading: Provided further,

That in addition to the funds provided under this heading, the

Joint Committee on Judicial Administration in the District of Columbia shall use funds provided in this Act under the heading

‘‘Federal Payment to the District of Columbia Courts’’ (other than

the $6,492,000 provided under such heading for capital improvements for District of Columbia courthouse facilities), to make payments described under this heading for obligations incurred during

any fiscal year: Provided further, That of the amounts provided in

previous fiscal years for payments described under this heading

which remain unobligated as of the date of the enactment of this

Act, $4,685,500 shall be used by the Joint Committee on Judicial

Administration for design and construction expenses of the courthouse at 451 Indiana Avenue NW: Provided further, That of the remainder of such amounts, such sums as may be necessary shall be

applied toward the portion of the amount provided under this heading which is attributable to increases in the maximum amounts

which may be paid for representation services in the District of Columbia courts: Provided further, That funds provided under this

heading shall be administered by the Joint Committee on Judicial

Administration in the District of Columbia: Provided further, That

notwithstanding any other provision of law, this appropriation shall

be apportioned quarterly by the Office of Management and Budget

and obligated and expended in the same manner as funds appropriated for expenses of other Federal agencies, with payroll and financial services to be provided on a contractual basis with the General Services Administration (GSA), said services to include the

preparation of monthly financial reports, copies of which shall be

submitted directly by GSA to the President and to the Committees

on Appropriations of the Senate and House of Representatives, the

Committee on Governmental Affairs of the Senate, and the Committee on Government Reform of the House of Representatives.

10

FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER

SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA

(INCLUDING TRANSFER OF FUNDS)

For salaries and expenses, including the transfer and hire of

motor vehicles, of the Court Services and Offender Supervision

Agency for the District of Columbia, as authorized by the National

Capital Revitalization and Self-Government Improvement Act of

1997 (Public Law 105–33; 111 Stat. 712), $147,300,000, of which

$13,015,000 shall remain available until expended for construction

expenses at new or existing facilities, and of which not to exceed

$2,000 is for official receptions related to offender and defendant

support programs; of which $94,112,000 shall be for necessary expenses of Community Supervision and Sex Offender Registration, to

include expenses relating to supervision of adults subject to protection orders or provision of services for or related to such persons;

$20,829,000 shall be transferred to the Public Defender Service; and

$32,359,000 shall be available to the Pretrial Services Agency: Provided, That notwithstanding any other provision of law, all

amounts under this heading shall be apportioned quarterly by the

Office of Management and Budget and obligated and expended in

the same manner as funds appropriated for salaries and expenses

of other Federal agencies: Provided further, That notwithstanding

chapter 12 of title 40, United States Code, the Director may acquire

by purchase, lease, condemnation, or donation, and renovate as necessary, Building Number 17, 1900 Massachusetts Avenue, Southeast, Washington, District of Columbia, or such other site as the Director of the Court Services and Offender Supervision Agency may

determine as appropriate to house or supervise offenders and defendants, with funds made available by this Act: Provided further,

That the Director is authorized to accept and use gifts in the form

of in-kind contributions of space and hospitality to support offender

and defendant programs, and equipment and vocational training

services to educate and train offenders and defendants: Provided

further, That the Director shall keep accurate and detailed records

of the acceptance and use of any gift or donation under the previous

proviso, and shall make such records available for audit and public

inspection.

FEDERAL PAYMENT TO THE CHILDREN’S NATIONAL MEDICAL CENTER

For a Federal payment to the Children’s National Medical Center in the District of Columbia, $5,500,000, of which $5,000,000

shall be for capital and equipment improvements, and $500,000

shall be used for the network of satellite pediatric health clinics for

children and families in underserved neighborhoods and communities in the District of Columbia.

ST. COLETTA OF GREATER WASHINGTON EXPANSION PROJECT

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

$2,000,000.

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FEDERAL PAYMENT TO FAITH AND POLITICS INSTITUTE

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

FEDERAL PAYMENT TO THE THURGOOD MARSHALL ACADEMY

CHARTER SCHOOL

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

educational facility in Anacostia.

FEDERAL PAYMENT TO THE GEORGE WASHINGTON UNIVERSITY

CENTER FOR EXCELLENCE IN MUNICIPAL MANAGEMENT

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

government.

COURT APPOINTED SPECIAL ADVOCATES

For a Federal payment to the District of Columbia Court Ap- pointed Special Advocates Unit, $250,000 to be used to expand its

work in the Family Court of the District of Columbia Superior

Court.

ADMINISTRATIVE PROVISION

Of the Federal funds made available in the District of Columbia Appropriations Act, 2001, Public Law 106–522 for the Metro- politan Police Department (114 Stat. 2441), $100,000 for the police

mini-station shall remain available for the purposes intended until

September 30, 2002: Provided, That the $1,000,000 made available

in such Act for the Washington Interfaith Network (114 Stat. 2444)

shall remain available for the purposes intended until December 31,

2002: Provided further, That $3,450,000 made available in such Act

for Brownfield Remediation (114 Stat. 2445), shall remain available

until expended.

DISTRICT OF COLUMBIA FUNDS

OPERATING EXPENSES

DIVISION OF EXPENSES

The following amounts are appropriated for the District of Columbia for the current fiscal year out of the general fund of the District of Columbia, except as otherwise specifically provided: Provided, That notwithstanding any other provision of law, except as

provided in section 450A of the District of Columbia Home Rule Act

and section 119 of this Act (Public Law 93–198; D.C. Official Code,

sec. 1–204.50a), the total amount appropriated in this Act for operating expenses for the District of Columbia for fiscal year 2002

under this heading shall not exceed the lesser of the sum of the total

revenues of the District of Columbia for such fiscal year or

$6,048,160,000 (of which $124,163,000 shall be from intra-District

funds and $3,574,493,000 shall be from local funds): Provided furVerDate 11-MAY-2000 06:37 Dec 06, 2001 Jkt 076476 PO 00000 Frm 00011 Fmt 6659 Sfmt 6603 E:\HR\OC\HR321.XXX pfrm04 PsN: HR321
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ther, That this amount may be increased by proceeds of one-time

transactions, which are expended for emergency or unanticipated

operating or capital needs: Provided further, That such increases

shall be approved by enactment of local District law and shall comply with all reserve requirements contained in the District of Columbia Home Rule Act as amended by this Act: Provided further, That

the Chief Financial Officer of the District of Columbia shall take

such steps as are necessary to assure that the District of Columbia

meets these requirements, including the apportioning by the Chief

Financial Officer of the appropriations and funds made available to

the District during fiscal year 2002, except that the Chief Financial

Officer may not reprogram for operating expenses any funds derived

from bonds, notes, or other obligations issued for capital projects.

GOVERNMENTAL DIRECTION AND SUPPORT

Governmental direction and support, $286,138,000 (including $229,421,000 from local funds, $38,809,000 from Federal funds,

and $17,908,000 from other funds): Provided, That not to exceed

$2,500 for the Mayor, $2,500 for the Chairman of the Council of the

District of Columbia, and $2,500 for the City Administrator shall

be available from this appropriation for official purposes: Provided

further, That any program fees collected from the issuance of debt

shall be available for the payment of expenses of the debt management program of the District of Columbia: Provided further, That

no revenues from Federal sources shall be used to support the operations or activities of the Statehood Commission and Statehood

Compact Commission: Provided further, That the District of Columbia shall identify the sources of funding for Admission to Statehood

from its own locally-generated revenues: Provided further, That notwithstanding any other provision of law, or Mayor’s Order 86–45,

issued March 18, 1986, the Office of the Chief Technology Officer’s

delegated small purchase authority shall be $500,000: Provided further, That the District of Columbia government may not require the

Office of the Chief Technology Officer to submit to any other procurement review process, or to obtain the approval of or be restricted

in any manner by any official or employee of the District of Columbia government, for purchases that do not exceed $500,000: Provided further, That not less than $353,000 shall be available to the

Office of the Corporation Counsel to support increases in the Attorney Retention Allowance: Provided further, That not less than

$50,000 shall be available to support a mediation services program

within the Office of the Corporation Counsel: Provided further, That

not less than $50,000 shall be available to support a TANF Unit

within the Child Support Enforcement Division of the Office of the

Corporation Counsel: Provided further, That of all funds in the District of Columbia Antitrust Fund established pursuant to section 2

of the District of Columbia Antitrust Act of 1980 (D.C. Law 3–169;

D.C. Official Code § 28–4516) an amount not to exceed $386,000, of

all funds in the Antifraud Fund established pursuant to section 820

of the District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6–85; D.C. Official Code 2– 308.20) an amount not to exceed $10,000, and of all funds in the

District of Columbia Consumer Protection Fund established pursuant to section 1402 of the District of Columbia Budget Support Act

for fiscal year 2001 (D.C. Law 13–172; D.C. Official Code § 28–

13

3911) an amount not to exceed $233,000, are hereby made available

for the use of the Office of the Corporation Counsel of the District

of Columbia until September 30, 2003, in accordance with the statutes that established these funds.

ECONOMIC DEVELOPMENT AND REGULATION

Economic development and regulation, $230,878,000 (including

$60,786,000 from local funds, $96,199,000 from Federal funds, and

$73,893,000 from other funds), of which $15,000,000 collected by the

District of Columbia in the form of BID tax revenue shall be paid

to the respective BIDs pursuant to the Business Improvement Districts Act of 1996 (D.C. Law 11–134; D.C. Official Code, sec. 2–

1215.01 et seq.), and the Business Improvement Districts Amendment Act of 1997 (D.C. Law 12–26; D.C. Official Code, sec. 2–

1215.15 et seq.): Provided, That such funds are available for acquiring services provided by the General Services Administration: Provided further, That Business Improvement Districts shall be exempt

from taxes levied by the District of Columbia: Provided further,

That the Department of Consumer and Regulatory Affairs shall use

$50,000 of the receipts from the net proceeds from the contractor

that handles the District’s occupational and professional licensing

to fund additional staff and equipment for the Rental Housing Administration: Provided further, That the Department of Consumer

and Regulatory Affairs shall transfer up to $293,000 from other

funds resulting from the lapse of personnel vacancies, caused by

transferring DCRA employees into NSO positions without filling the

resultant vacancies, into the revolving 5–513 fund to be used to implement the provisions in D.C. Law 13–281, the Abatement and

Condemnation of Nuisance Properties Omnibus Amendment Act of

2000, pertaining to the prevention of the demolition by neglect of

historic properties: Provided further, That the fees established and

collected pursuant to Law 13–281 shall be identified, and an accounting provided, to the District of Columbia Council’s Committee

on Consumer and Regulatory Affairs: Provided further, That 18 percent of the annual total amount in the 5–513 fund, up to $500,000,

deposited into the 5–513 fund on an annual basis, be used to implement section 102 and other related sections of D.C. Law 13–281.

PUBLIC SAFETY AND JUSTICE

Public safety and justice, $633,853,000 (including $594,803,000 from local funds, $8,298,000 from Federal funds, and $30,752,000

from other funds): Provided, That not to exceed $500,000 shall be

available from this appropriation for the Chief of Police for the prevention and detection of crime: Provided further, That notwithstanding any other law, section 3703 of title XXXVII of the Fiscal

Year 2002 Budget Support Act of 2001 (D.C. Bill 14–144), adopted

by the Council of the District of Columbia, is enacted into law: Provided further, That the Mayor shall reimburse the District of Columbia National Guard for expenses incurred in connection with

services that are performed in emergencies by the National Guard

in a militia status and are requested by the Mayor, in amounts that

shall be jointly determined and certified as due and payable for

these services by the Mayor and the Commanding General of the

District of Columbia National Guard: Provided further, That such

14

sums as may be necessary for reimbursement to the District of Columbia National Guard under the preceding proviso shall be available from this appropriation, and the availability of the sums shall

be deemed as constituting payment in advance for emergency services involved: Provided further, That no less than $173,000,000

shall be available to the Metropolitan Police Department for salary

in support of 3,800 sworn officers: Provided further, That no less

than $100,000 shall be available in the Department of Corrections

budget to support the Corrections Information Council: Provided

further, That not less than $296,000 shall be available to support

the Child Fatality Review Committee.

PUBLIC EDUCATION SYSTEM

Public education system, including the development of national defense education programs, $1,108,665,000 (including

$896,994,000 from local funds, $185,044,000 from Federal funds,

and $26,627,000 from other funds), to be allocated as follows:

$813,042,000 (including $661,124,000 from local funds,

$144,630,000 from Federal funds, and $7,288,000 from other

funds), for the public schools of the District of Columbia;

$47,370,000 (including $19,911,000 from local funds, $26,917,000

from Federal funds, $542,000 from other funds), for the State Education Office, $17,000,000 from local funds, previously appropriated

in this Act as a Federal payment, and such sums as may be derived

from interest earned on funds contained in the dedicated account established by the Chief Financial Officer of the District of Columbia,

for resident tuition support at public and private institutions of

higher learning for eligible District of Columbia residents; and

$142,257,000 from local funds for public charter schools: Provided,

That there shall be quarterly disbursement of funds to the District

of Columbia public charter schools, with the first payment to occur

within 15 days of the beginning of each fiscal year: Provided further, That if the entirety of this allocation has not been provided as

payments to any public charter school currently in operation

through the per pupil funding formula, the funds shall be available

for public education in accordance with the School Reform Act of

1995 (Public Law 104–134; D.C. Official Code, sec. 38– 1804.03(b)(e)(A)): Provided further, That $480,000 of this amount

shall be available to the District of Columbia Public Charter School

Board for administrative costs: Provided further, That section 161

of the District of Columbia Appropriations Act, 2001 (Public Law

106–522; 114 Stat. 2483, 2484), is amended, as if included in the

Act— (1) by striking ‘‘not later than 1 year after the date of the

enactment of the District of Columbia Appropriations Act,

2001,’’;

(2) by inserting ‘‘revolving’’ after ‘‘enhancement’’ in the second sentence of paragraph (2)(B), in the heading of paragraph

(3), and in paragraph (3)(A); and

(3) by striking ‘‘10 percent’’ and inserting ‘‘5 percent’’:

Provided further, That the cap on administrative costs as amended

by section 161 of the District of Columbia Appropriations Act, 2001

(Public Law 106–522; 114 Stat. 2484), is amended by striking ‘‘10

percent’’ and inserting ‘‘5 percent’’: Provided further, That

$76,542,000 (including $45,912,000 from local funds, $12,539,000

15

from Federal funds, and $18,091,000 from other funds) shall be

available for the University of the District of Columbia: Provided

further, That $400,000 shall be available for Enhancing and

Actualizing Internationalism and Multiculturalism in the Academic

Programs of the University of the District of Columbia: Provided

further, That $1,277,500 shall be paid by the Chief Financial Officer to the Excel Institute for operations as follows: $277,500 to cover

debt owed by the University of the District of Columbia for services

rendered shall be paid to the Excel Institute within 15 days of enactment of this Act; and $1,000,000 for fiscal year 2002 shall be

paid to the Excel Institute in equal quarterly installments within 15

days of the beginning of each quarter: Provided further, That not

less than $200,000 for Adult Education: Provided further, That

$27,256,000 (including $26,030,000 from local funds, $560,000 from

Federal funds and $666,000 other funds) for the Public Library:

Provided further, That the $1,007,000 enhancement shall be allocated such that $500,000 is used for facilities improvements for 8

of the 26 library branches, $235,000 for 13 FTEs for the continuation of the Homework Helpers Program, $143,000 for 2 FTEs in

the expansion of the Reach Out And Read (ROAR) service to licensed day care homes, and $129,000 for 3 FTEs to expand literacy

support into branch libraries: Provided further, That $2,198,000

(including $1,760,000 from local funds, $398,000 from Federal

funds and $40,000 from other funds) shall be available for the Commission on the Arts and Humanities: Provided further, That the

public schools of the District of Columbia are authorized to accept

not to exceed 31 motor vehicles for exclusive use in the driver education program: Provided further, That not to exceed $2,500 for the

Superintendent of Schools, $2,500 for the President of the University of the District of Columbia, and $2,000 for the Public Librarian

shall be available from this appropriation for official purposes: Provided further, That none of the funds contained in this Act may be

made available to pay the salaries of any District of Columbia Public School teacher, principal, administrator, official, or employee

who knowingly provides false enrollment or attendance information

under article II, section 5 of the Act entitled ‘‘An Act to provide for

compulsory school attendance, for the taking of a school census in

the District of Columbia, and for other purposes’’, approved February 4, 1925 (D.C. Official Code, sec. 38–201 et seq.): Provided further, That this appropriation shall not be available to subsidize the

education of any nonresident of the District of Columbia at any District of Columbia public elementary and secondary school during

fiscal year 2002 unless the nonresident pays tuition to the District

of Columbia at a rate that covers 100 percent of the costs incurred

by the District of Columbia which are attributable to the education

of the nonresident (as established by the Superintendent of the District of Columbia Public Schools): Provided further, That this appropriation shall not be available to subsidize the education of nonresidents of the District of Columbia at the University of the District

of Columbia, unless the 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 notwithVerDate 11-MAY-2000 06:37 Dec 06, 2001 Jkt 076476 PO 00000 Frm 00015 Fmt 6659 Sfmt 6603 E:\HR\OC\HR321.XXX pfrm04 PsN: HR321
16

standing any other provision of law, rule, or regulation, the evaluation process and instruments for evaluating District of Columbia

Public School employees shall be a non-negotiable item for collective

bargaining purposes: Provided further, That the District of Columbia Public Schools shall spend $1,200,000 to implement D.C. Teaching Fellows Program in the District’s public schools: Provided further, That notwithstanding the amounts otherwise provided under

this heading or any other provision of law, there shall be appropriated to the District of Columbia public charter schools on July

1, 2002, an amount equal to 25 percent of the total amount provided

for payments to public charter schools in the proposed budget of the

District of Columbia for fiscal year 2003 (as submitted to Congress),

and the amount of such payment shall be chargeable against the

final amount provided for such payments under the District of Columbia Appropriations Act, 2003: Provided further, That notwithstanding the amounts otherwise provided under this heading or any

other provision of law, there shall be appropriated to the District of

Columbia Public Schools on July 1, 2002, an amount equal to 10

percent of the total amount provided for the District of Columbia

Public Schools in the proposed budget of the District of Columbia

for fiscal year 2003 (as submitted to Congress), and the amount of

such payment shall be chargeable against the final amount provided for the District of Columbia Public Schools under the District

of Columbia Appropriations Act, 2003: Provided further, That the

first paragraph under the heading ‘‘Public Education System’’ in

Public Law 107–20, approved July 24, 2001, is amended to read as

follows: ‘‘For an additional amount for ‘Public Education System’, $1,000,000 from local funds to remain available until September 30,

2002, for the State Education Office for a census-type audit of the

student enrollment of each District of Columbia Public School and

of each public charter school and $12,000,000 from local funds for

the District of Columbia Public Schools to conduct the 2001 summer

school session.’’.

HUMAN SUPPORT SERVICES

(INCLUDING TRANSFER OF FUNDS)

Human support services, $1,803,923,000 (including

$711,072,000 from local funds, $1,075,960,000 from Federal funds,

and $16,891,000 from other funds): Provided, That $27,986,000 of

this appropriation, to remain available until expended, shall be

available solely for District of Columbia employees’ disability compensation: Provided further, That $90,000,000 transferred pursuant

to the District of Columbia Appropriations Act, 2001 (Public Law

106–522) to the Public Benefit Corporation for restructuring shall be

made available to the Department of Health’s Health Care Safety

Net Administration for the purpose of restructuring the delivery of

health services in the District of Columbia and shall remain available until expended for obligation during fiscal year 2002: Provided

further, That no less than $7,500,000 of this appropriation, to remain available until expended, shall be deposited in the Addiction

Recovery Fund established pursuant to section 5 of the Choice in

Drug Treatment Act of 2000, effective July 8, 2000 (D.C. Law 13–

146; D.C. Official Code, sec. 7–3004), and used solely for the purpose of the Drug Treatment Choice Program established pursuant to

17

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 passengercarrying vehicles, $300,151,000 (including $286,334,000 from local

funds, $4,392,000 from Federal funds, and $9,425,000 from other

funds): Provided, That this appropriation shall not be available for

collecting ashes or miscellaneous refuse from hotels and places of

business: Provided further, That no less than $650,000 be available

for a mechanical alley sweeping program: Provided further, That no

less than $6,400,000 be available for residential parking enforcement: Provided further, That no less than $100,000 be available for

a General Counsel to the Department of Public Works: Provided further, That no less than $3,600,000 be available for ticket processing:

Provided further, That no less than 14 residential parking control

aides or 10 percent of the residential parking control force be available for night time enforcement of out-of-state tags: Provided further, That of the total of 3,000 additional parking meters being installed in commercial districts and in commercial loading zones

none be installed at loading zones, or entrances at apartment buildings and none be installed in residential neighborhoods: Provided

further, That no less than $262,000 be available for taxicab enforcement activities: Provided further, That no less than $241,000 be

available for a taxicab driver security revolving fund: Provided further, That no less than $30,084,000 in local appropriations be available to the Division of Transportation, within the Department of

Public Works: Provided further, That no less than $12,000,000 in

rights-of-way fees shall be available for the Local Roads, Construction and Maintenance Fund: Provided further, That funding for a

proposed separate Department of Transportation is contingent upon

Council approval of a reorganization plan: Provided further, That

no less than $313,000 be available for handicapped parking enforcement: Provided further, That no less than $190,000 be available for

the Ignition Interlock Device Program: Provided further, That no

less than $473,000 be available for the Motor Vehicle Insurance Enforcement Program: Provided further, That $11,000,000 of this appropriation shall be available for transfer to the Highway Trust

Fund’s Local Roads, Construction and Maintenance Fund, upon

certification by the Chief Financial Officer that funds are available

from the 2001 budgeted reserve or where the Chief Financial Officer

certifies that additional local revenues are available: Provided furVerDate 11-MAY-2000 06:37 Dec 06, 2001 Jkt 076476 PO 00000 Frm 00017 Fmt 6659 Sfmt 6603 E:\HR\OC\HR321.XXX pfrm04 PsN: HR321
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ther, That $1,550,000 made available under the District of Columbia Appropriations Act, 2001 (Public Law 106–522) for taxicab driver security enhancements in the District of Columbia shall remain

available until September 30, 2002.

RECEIVERSHIP PROGRAMS

For all agencies of the District of Columbia government under

court ordered receivership, $403,868,000 (including $250,515,000

from local funds, $134,339,000 from Federal funds, and

$19,014,000 from other funds).

WORKFORCE INVESTMENTS

For workforce investments, $42,896,000 from local funds, to be

transferred by the Mayor of the District of Columbia within the various appropriation headings in this Act for which employees are

properly payable.

RESERVE

For replacement of funds expended, if any, during fiscal year

2001 from the Reserve established by section 202(j) of the District

of Columbia Financial Responsibility and Management Assistance

Act of 1995, Public Law 104–8, $120,000,000 from local funds.

RESERVE RELIEF

For reserve relief, $30,000,000, for the purpose of spending

funds made available through the reduction from $150,000,000 to

$120,000,000 in the amount required for the budget reserve established by section 202(j)(1) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, Public Law

104–8: Provided, That $12,000,000 shall be available to the District

of Columbia Public Schools and District of Columbia Public Charter Schools for educational enhancements: Provided further, That

$18,000,000 shall be available pursuant to a local District law: Provided further, That of the $30,000,000, funds shall only be expended

upon: (i) certification by the Chief Financial Officer of the District

of Columbia that the funds are available and not required to address potential deficits, (ii) enactment of local District law detailing

the purpose for the expenditure, and (iii) prior notification by the

Mayor to the Committees on Appropriations of both the Senate and

House of Representatives in writing 30 days in advance of any such

expenditure: Provided further, That the $18,000,000 provided pursuant to local law shall be expended only when the Emergency Reserve established pursuant to section 450A(a) of the District of Columbia Home Rule Act (Public Law 93–198; D.C. Official Code, sec.

1–204.50a(a)), has a minimum balance in the amount of

$150,000,000.

EMERGENCY AND CONTINGENCY RESERVE FUNDS

For the Emergency and Contingency Reserve Funds established

under section 450A of the District of Columbia Home Rule Act (Public Law 93–198; D.C. Official Code, sec. 1–204.50a(b)), the Mayor

may deposit the proceeds required pursuant to section 159(a) of

Public Law 106–522 and section 404(c) of Public Law 106–554 in

19

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-AsYou-Go Capital Funds: Provided further, That for equipment leases,

the Mayor may finance $14,300,000 of equipment cost, plus cost of

issuance not to exceed 2 percent of the par amount being financed

on a lease purchase basis with a maturity not to exceed 5 years: Provided further, That $4,440,000 shall be for the Fire and Emergency

Medical Services Department, $2,010,000 shall be for the Department of Parks and Recreation, and $7,850,000 shall be for the Department of Public Works: Provided further, That no less than

$533,000 be available for trash transfer capital debt service.

EMERGENCY ASSISTANCE LOAN GUARANTEES

Notwithstanding any other provision of law, the District of Columbia is hereby authorized to make any necessary payments related to the ‘‘District of Columbia Emergency Assistance Act of

2001’’: Provided, That the District of Columbia shall use local funds

for any payments under this heading: Provided further, That the

Chief Financial Officer shall certify the availability of such funds,

and shall certify that such funds are not required to address budget

shortfalls in the District of Columbia: Provided further, That the

Director the Office of Management and Budget shall develop with

the Chief Financial Officer of the District of Columbia an estimate

of the liability incurred by the District of Columbia in implementing

such Act: Provided further, That the District of Columbia shall implement such Act consistent with the recommendations made by the

Office of Management and Budget and the Federal Credit Reform

Act: Provided further, That the District of Columbia budget for fiscal year 2003 and future years shall include an amount for potential loan repayment consistent with the liability requirements recommended by the Office of Management and Budget.

REPAYMENT OF GENERAL FUND RECOVERY DEBT

For the purpose of eliminating the $331,589,000 general fund

accumulated deficit as of September 30, 1990, $39,300,000 from

local funds, as authorized by section 461(a) of the District of Columbia Home Rule Act, (105 Stat. 540; D.C. Official Code, sec. 1–

204.61(a)).

20

PAYMENT OF INTEREST ON SHORT-TERM BORROWING

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

local funds.

EMERGENCY PLANNING AND SECURITY COSTS

For an emergency operations plan, implementation of the emergency operations plan, and reimbursement of fiscal year 2001 expenses incurred by the District of Columbia for equipment purchased for providing security for the planned World Bank and

International Monetary Fund September 2001 meetings,

$16,058,000, from funds previously appropriated in this Act as a

Federal payment, of which $12,652,000 shall be made available immediately to the District of Columbia Emergency Management

Agency for planning, training and personnel costs required for development and implementation of the emergency operations plan for

the District of Columbia.

WILSON BUILDING

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

EMERGENCY RESERVE FUND TRANSFER

Subject to the issuance of bonds to pay the purchase price of the

District of Columbia’s right, title, and interest in and to the Master

Settlement Agreement, and consistent with the Tobacco Settlement

Trust Fund Establishment Act of 1999 (D.C. Official Code, sec. 7– 1811.01(a)(2) et seq.) and the Tobacco Settlement Financing Act of

2000 (D.C. Official Code, sec. 7–1831.03 et seq.), there is transferred

the amount available pursuant thereto and Section 404(c) of Public

Law 106–554, not less than $33,254,000, to the Emergency and Contingency Reserve Funds established pursuant to section 450A of the

District of Columbia Home Rule Act (Public Law 93–198; D.C. Official Code, sec. 1–204.50a(a)).

NON-DEPARTMENTAL AGENCY

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

ENTERPRISE AND OTHER FUNDS

WATER AND SEWER AUTHORITY

For operation of the Water and Sewer Authority, $244,978,000 from other funds of which $44,244,000 shall be apportioned for repayment of loans and interest incurred for capital improvement

projects ($17,953,000 payable to the District’s debt service fund and

$26,291,000 payable for other debt service).

For construction projects, $152,114,000, in the following capital

programs: $52,600,000 for the Blue Plains Wastewater Treatment

Plant, $11,148,000 for the sewer program, $109,000 for the combined sewer program, $118,000 for the stormwater program,

$77,957,000 for the water program, $10,182,000 for the capital

21

equipment program: Provided, That the requirements and restrictions that are applicable to general fund capital improvements

projects and set forth in this Act under the Capital Outlay appropriation account shall apply to projects approved under this appropriation account.

ADMINISTRATIVE PROVISION

BILLINGS FOR WATER AND SEWER AUTHORITY SERVICES PROVIDED TO

THE FEDERAL GOVERNMENT

(a) PROVIDING ESTIMATES TO SECRETARY OF THE TREASURY

AND DEPARTMENT HEADS.—

(1) SANITARY SEWER SERVICES.—Section 212(b)(2) of the

District of Columbia Public Works Act of 1954 (sec. 34–

2112(b)(2), D.C. Official Code) is amended by inserting after

‘‘the Office of Management and Budget,’’ the following: ‘‘the Secretary of the Treasury, and the head of each of the respective

Federal departments, independent establishments, and agencies,’’.

(2) WATER SERVICES.—Section 106(b)(2) of such Act (sec.

34–2401.25(b)(2), D.C. Official Code) is amended by inserting

after ‘‘the Office of Management and Budget,’’ the following:

‘‘the Secretary of the Treasury, and the head of each of the respective Federal departments, independent establishments, and

agencies,’’.

(3) CLARIFICATION OF TREATMENT OF ARLINGTON NATIONAL

CEMETERY.—Chapter 11 of title II of the Supplemental Appropriations Act, 2001 (Public Law 107–20; 115 Stat. 188) is

amended in the item relating to ‘‘INDEPENDENT AGENCIES—DEPARTMENT OF DEFENSE—CIVIL—CEMETERIAL EXPENSES, ARMY—SALARIES AND EXPENSES’’ by striking the colon

at the end of the second proviso and inserting the following: ‘‘,

except that nothing in this proviso may be construed to affect

the determination of the amounts required to be paid for such

services under sections 212(b) and 106(b) of the District of Columbia Public Works Act of 1954 (sec. 34–2401.25(b) and sec.

34–2112(b), D.C. Official Code) or to waive the requirement

under such sections for the Secretary of Defense to pay such

amounts to the District of Columbia:’’.

(b) REQUIRING FEDERAL DEPARTMENTS TO GRANT ACCESS TO

AUTHORITY FOR READING AND TESTING WATER METERS.—

(1) IN GENERAL.—Section 106(a) of the District of Columbia

Public Works Act of 1954 (sec. 34–2401.25(a), D.C. Official

Code) is amended by inserting before the last sentence the following: ‘‘As an additional condition of service, the department,

agency, or establishment which is responsible for the maintenance of any such meter shall provide the Mayor (acting

through the District of Columbia Water and Sewer Authority)

with such access to the meter as the Mayor may require to

measure the actual usage of the department, agency, or establishment (including any entity under the jurisdiction of the department, agency, or establishment) for purposes of making the

adjustments to annual estimates required under subsection

(b)(2)(A).’’.

22

(2) PERMITTING AUTHORITY TO INSTALL METERS.—If a department, independent establishment, or agency of the United

States which uses water and water services from the District of

Columbia water supply system has not installed a suitable

meter at each point of Federal connection to the system to control and record the use of water through each such connection

(as required under section 106(a) of the District of Columbia

Public Works Act of 1954) as of the expiration of the 60-day period which begins on the date of the enactment of this Act— (A) the District of Columbia Water and Sewer Authority shall install such a meter or meters (and incidental

vaults, valves, piping and recording devices, and such other

equipment as the Authority deems necessary) not later than

60 days after the expiration of such period; and

(B) the department, independent establishment, or

agency shall pay the Authority promptly (but in no case

later than 30 days after the Authority submits a bill) for

the costs incurred in installing the meter and equipment.

(c) CLARIFICATION OF RESPONSIBILITY OF FEDERAL DEPART- MENTS TO ALLOCATE BILLINGS AND COLLECT AMOUNTS FROM INDI- VIDUAL OFFICES.— (1) SANITARY SEWER SERVICES.—Section 212 of the District

of Columbia Public Works Act of 1954 (sec. 34–2112, D.C. Official Code) is amended by adding at the end the following new

subsection:

‘‘(c) Nothing in this section may be construed to require the District of Columbia to seek payment for sanitary sewer services directly from any Federal entity which is under the jurisdiction of a

department, independent establishment, or agency which is required

to make a payment for such services under this section, or to allocate any amounts charged for such services among the entities

which are under the jurisdiction of any such department, independent establishment, or agency. Each Federal department, independent establishment, and agency receiving sanitary sewer services

from the District of Columbia shall be responsible for allocating billings for such services among entities under the jurisdiction of the

department, establishment, or agency, and shall be responsible for

collecting amounts from such entities for any payments made to the

District of Columbia under this section.’’.

(2) WATER SERVICES.—Section 106 of the District of Columbia Public Works Act of 1954 (sec. 34–2401.25, D.C. Official

Code) is amended by adding at the end the following new subsections:

‘‘(c) Nothing in this section may be construed to require the District of Columbia to seek payment for water services directly from

any Federal entity which is under the jurisdiction of a department,

independent establishment, or agency which is required to make a

payment for such services under this section, or to allocate any

amounts charged for such services among the entities which are

under the jurisdiction of any such department, independent establishment, or agency. Each Federal department, independent establishment, and agency receiving water from the District of Columbia

shall be responsible for allocating billings for such services among

entities under the jurisdiction of the department, establishment, or

agency, and shall be responsible for collecting amounts from such

23

entities for any payments made to the District of Columbia under

this section.

‘‘(d) In the case of water services provided to a department,

independent establishment, or agency in Virginia through the Federally owned water main system, if the total of the metered amounts

billed for all individual users of the system (as measured by the meters for each individual user) is less than the total amount as measured by the meters at the delivery points into the system at the

Francis Scott Key Bridge, the District government shall collect, and

the Secretary of Defense shall pay, the difference to the District government in accordance with the requirements for collecting and

making payments under this section.’’.

(d) EFFECTIVE DATE.—This section and the amendments made

by this section shall apply with respect to fiscal year 2002 and each

succeeding fiscal year.

WASHINGTON AQUEDUCT

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

other funds.

STORMWATER PERMIT COMPLIANCE ENTERPRISE FUND

For operation of the Stormwater Permit Compliance Enterprise

Fund, $3,100,000 from other funds.

LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

For the Lottery and Charitable Games Enterprise Fund, established by the District of Columbia Appropriation Act, 1982 (95 Stat.

1174, 1175; Public Law 97–91), for the purpose of implementing the

Law to Legalize Lotteries, Daily Numbers Games, and Bingo and

Raffles for Charitable Purposes in the District of Columbia (D.C.

Law 3–172; D.C. Official Code, sec. 3–1301 et seq. and sec. 22–1716

et seq.), $229,688,000: Provided, That the District of Columbia shall

identify the source of funding for this appropriation title from the

District’s own locally generated revenues: Provided further, That no

revenues from Federal sources shall be used to support the operations or activities of the Lottery and Charitable Games Control

Board.

SPORTS AND ENTERTAINMENT COMMISSION

For the Sports and Entertainment Commission, $9,627,000 (including $2,177,000 to be derived by transfer from the general fund

of the District of Columbia and $7,450,000 from other funds): Provided, That the transfer of $2,177,000 from the general fund shall

not be made unless the District of Columbia general fund has received $2,177,000 from the D.C. Sports and Entertainment Commission prior to September 30, 2001: Provided further, That the Mayor

shall submit a budget for the Armory Board for the forthcoming fiscal year as required by section 442(b) of the District of Columbia

Home Rule Act (87 Stat. 824; Public Law 93–198; D.C. Official

Code, sec. 1–204.42(b)).

24

DISTRICT OF COLUMBIA RETIREMENT BOARD

For the District of Columbia Retirement Board, established by

section 121 of the District of Columbia Retirement Reform Act of

1979 (93 Stat. 866; D.C. Official Code, sec. 1–711), $13,388,000

from the earnings of the applicable retirement funds to pay legal,

management, investment, and other fees and administrative expenses of the District of Columbia Retirement Board: Provided,

That the District of Columbia Retirement Board shall provide to the

Congress and to the Council of the District of Columbia a quarterly

report of the allocations of charges by fund and of expenditures of

all funds: Provided further, That the District of Columbia Retirement Board shall provide the Mayor, for transmittal to the Council

of the District of Columbia, an itemized accounting of the planned

use of appropriated funds in time for each annual budget submission and the actual use of such funds in time for each annual audited financial report.

WASHINGTON CONVENTION CENTER ENTERPRISE FUND

For the Washington Convention Center Enterprise Fund,

$57,278,000 from other funds.

HOUSING FINANCE AGENCY

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

NATIONAL CAPITAL REVITALIZATION CORPORATION

For the National Capital Revitalization Corporation,

$2,673,000 from other funds.

CAPITAL OUTLAY

(INCLUDING RESCISSIONS)

For construction projects, an increase of $1,550,787,000 of

which $1,348,783,000 shall be from local funds, $44,431,000 from

Highway Trust funds, and $157,573,000 from Federal funds, and

a rescission of $476,182,000 from local funds appropriated under

this heading in prior fiscal years, for a net amount of

$1,074,605,000 to remain available until expended: Provided, That

funds for use of each capital project implementing agency shall be

managed and controlled in accordance with all procedures and limitations established under the Financial Management System: Provided further, That all funds provided by this appropriation title

shall be available only for the specific projects and purposes intended: Provided further, That the capital budget for the Department of Health shall not be available until the District of Columbia

Council’s Committee on Human Services receives a report on the use

of any capital funds for projects on the grounds of D.C. General

Hospital: Provided further, That notwithstanding the foregoing, all

authorizations for capital outlay projects, except those projects covered by the first sentence of section 23(a) of the Federal Aid Highway Act of 1968 (82 Stat. 827; Public Law 90–495), for which funds

are provided by this appropriation title, shall expire on September

30, 2003, except authorizations for projects as to which funds have

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vided further, That upon expiration of any such project authorization, the funds provided herein for the project shall lapse: Provided

further, That except for funds approved in the budgets prior to the

fiscal year 2002 budget and FL–MA2 in the fiscal year 2002 Budget

Request, no funds may be expended to renovate, rehabilitate or construct any facility within the boundaries of census tract 68.04 for

any purpose associated with the D.C. Department of Corrections, the

CSOSA, or the federal Bureau of Prisons unit until March 31, 2002

or until such time as the Mayor shall present to the Council for its

approval, a plan for the development of census tract 68.04 south of

East Capitol Street, S.E., and the housing of any misdemeanants,

felons, ex-offenders, or persons awaiting trial within the District of

Columbia, whichever occurs earlier: Provided further, That none of

the conditions set forth in this paragraph shall interfere with the

current operations of any Federal agency: Provided further, That

none of the conditions set forth shall restrict the ongoing operations

of the Department of Corrections.

GENERAL PROVISIONS

SEC. 101. Whenever in this Act, an amount is specified within

an appropriation for particular purposes or objects of expenditure,

such amount, unless otherwise specified, shall be considered as the

maximum amount that may be expended for said purpose or object

rather than an amount set apart exclusively therefor.

SEC. 102. Appropriations in this Act shall be available for expenses of travel and for the payment of dues of organizations concerned with the work of the District of Columbia government, when

authorized by the Mayor: Provided, That in the case of the Council

of the District of Columbia, funds may be expended with the authorization of the chair of the Council.

SEC. 103. There are appropriated from the applicable funds of

the District of Columbia such sums as may be necessary for making

refunds and for the payment of legal settlements or judgments that

have been entered against the District of Columbia government: Provided, That nothing contained in this section shall be construed as

modifying or affecting the provisions of section 11(c)(3) of title XII

of the District of Columbia Income and Franchise Tax Act of 1947

(70 Stat. 78; Public Law 84–460; D.C. Code, sec. 47–1812.11(c)(3)).

SEC. 104. No part of any appropriation contained in this Act

shall remain available for obligation beyond the current fiscal year

unless expressly so provided herein.

SEC. 105. No funds appropriated in this Act for the District of

Columbia government for the operation of educational institutions,

the compensation of personnel, or for other educational purposes

may be used to permit, encourage, facilitate, or further partisan political activities. Nothing herein is intended to prohibit the availability of school buildings for the use of any community or partisan

political group during non-school hours.

SEC. 106. None of the funds appropriated in this Act shall be

made available to pay the salary of any employee of the District of

Columbia government whose name, title, grade, and salary are not

available for inspection by the House and Senate Committees on Appropriations, the House Committee on Government Reform, the Senate Committee on Governmental Affairs, and the Council of the District of Columbia, or their duly authorized representative.

26

SEC. 107. (a) Except as provided in subsection (b), no part of

this appropriation shall be used for publicity or propaganda purposes or implementation of any policy including boycott designed to

support or defeat legislation pending before Congress or any State

legislature.

(b) The District of Columbia may use local funds provided in

this Act to carry out lobbying activities on any matter other than— (1) the promotion or support of any boycott; or

(2) statehood for the District of Columbia or voting representation in Congress for the District of Columbia.

(c) Nothing in this section may be construed to prohibit any

elected official from advocating with respect to any of the issues referred to in subsection (b).

SEC. 108. At the start of the fiscal year, the Mayor shall develop

an annual plan, by quarter and by project, for capital outlay borrowings: Provided, That within a reasonable time after the close of

each quarter, the Mayor shall report to the Council of the District

of Columbia and the Congress the actual borrowings and spending

progress compared with projections.

SEC. 109. (a) None of the funds provided under this Act to the

agencies funded by this Act, both Federal and District government

agencies, that remain available for obligation or expenditure in fiscal year 2002, or provided from any accounts in the Treasury of the

United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for an agency through a reprogramming of funds which: (1)

creates new programs; (2) eliminates a program, project, or responsibility center; (3) establishes or changes allocations specifically denied, limited or increased by Congress in this Act; (4) increases

funds or personnel by any means for any program, project, or responsibility center for which funds have been denied or restricted;

(5) reestablishes through reprogramming any program or project

previously deferred through reprogramming; (6) augments existing

programs, projects, or responsibility centers through a reprogramming of funds in excess of $1,000,000 or 10 percent, whichever is

less; or (7) increases by 20 percent or more personnel assigned to a

specific program, project or responsibility center; unless the Committees on Appropriations of both the Senate and House of Representatives are notified in writing 30 days in advance of any reprogramming as set forth in this section.

(b) None of the local funds contained in this Act may be available for obligation or expenditure for an agency through a transfer

of any local funds from one appropriation heading to another unless

the Committees on Appropriations of the Senate and House of Representatives are notified in writing 30 days in advance of the transfer, except that in no event may the amount of any funds transferred

exceed four percent of the local funds in the appropriation.

SEC. 110. Consistent with the provisions of 31 U.S.C. 1301(a),

appropriations under this Act shall be applied only to the objects for

which the appropriations were made except as otherwise provided

by law.

SEC. 111. (a) Notwithstanding any other provisions of law, the

provisions of the District of Columbia Government Comprehensive

Merit Personnel Act of 1978 (D.C. Law 2–139; D.C. Official Code,

sec. 1–601.01 et seq.), enacted pursuant to section 422(3) of the DisVerDate 11-MAY-2000 06:40 Dec 06, 2001 Jkt 076476 PO 00000 Frm 00026 Fmt 6659 Sfmt 6603 E:\HR\OC\HR321.XXX pfrm04 PsN: HR321
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trict of Columbia Home Rule Act (87 Stat. 790; Public Law 93–198;

D.C. Official Code, sec. 1–204.22(3)), shall apply with respect to the

compensation of District of Columbia employees: Provided, That for

pay purposes, employees of the District of Columbia government

shall not be subject to the provisions of title 5, United States Code.

(b)(1) CERTIFICATION OF NEED BY CHIEF TECHNOLOGY OFFICER.—Section 2706(b) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, as added by section 2 of the

District Government Personnel Exchange Agreement Amendment

Act of 2000 (D.C. Law 13–296), is amended by inserting after ‘‘Director of Personnel’’ each place it appears the following: ‘‘(or the

Chief Technology Officer, in the case of the Office of the Chief Technology Officer)’’.

(2) INCLUSION OF OVERHEAD COSTS IN AGREEMENTS.—Section

2706(c)(3) of such Act is amended by striking the period at the end

and inserting the following: ‘‘, except that in the case of the Office

of the Chief Technology Officer, general and administrative costs

shall include reasonable overhead costs and shall be calculated by

the Chief Technology Officer (as determined under such criteria as

the Chief Technology Officer independently deems appropriate subject to the review of the City Administrator, including a consideration of standards used to calculate general, administrative, and

overhead costs for off-site employees found in Federal law and regulation and in general private industry practice).’’.

(3) REPORTING REQUIREMENT.—Section 2706 of such Act is

amended—

(A) by redesignating subsection (f) as subsection (g); and

(B) by inserting after subsection (e) the following new subsection:

‘‘(f) Not later than 45 days after the end of each fiscal year (beginning with fiscal year 2002), the Chief Technology Officer shall

prepare and submit to the Council and to the Committees on Appropriations of the House of Representatives and Senate a report describing all agreements entered into by the Chief Technology Officer

under this section which are in effect during the fiscal year.’’.

(c) The authority which the Chief Financial Officer of the District of Columbia exercised with respect to personnel, procurement,

and the preparation of fiscal impact statements during a control period (as defined in Public Law 104–8) shall remain in effect through

July 1, 2002.

(d) Section 424(b)(3) of the District of Columbia Home Rule Act

(sec. 1–204.24b(c), D.C. Official Code) is amended—

(1) by striking ‘‘determined’’ and all that follows through

‘‘exceed’’ and inserting ‘‘equal to’’; and

(2) by striking ‘‘IV’’ and inserting ‘‘I’’.

(e) EFFECTIVE DATE.—The amendment made by subsection (d)

shall apply with respect to pay periods in fiscal year 2002 and each

succeeding fiscal year.

SEC. 112. No later than 30 days after the end of the first quarter of the fiscal year ending September 30, 2002, the Mayor of the

District of Columbia shall submit to the Council of the District of

Columbia the new fiscal year 2002 revenue estimates as of the end

of the first quarter of fiscal year 2002. These estimates shall be used

in the budget request for the fiscal year ending September 30, 2003.

28

The officially revised estimates at midyear shall be used for the

midyear report.

SEC. 113. No sole source contract with the District of Columbia

government or any agency thereof may be renewed or extended without opening that contract to the competitive bidding process as set

forth in section 303 of the District of Columbia Procurement Practices Act of 1985 (D.C. Law 6–85; D.C. Code, sec. 2–303.3), except

that the District of Columbia government or any agency thereof may

renew or extend sole source contracts for which competition is not

feasible or practical: Provided, That the determination as to whether to invoke the competitive bidding process has been made in accordance with duly promulgated rules and procedures and said determination has been reviewed and certified by the Chief Financial

Officer of the District of Columbia.

SEC. 114. (a) In the event a sequestration order is issued pursuant to the Balanced Budget and Emergency Deficit Control Act of

1985 (99 Stat. 1037; Public Law 99–177), after the amounts appropriated to the District of Columbia for the fiscal year involved have

been paid to the District of Columbia, the Mayor of the District of

Columbia shall pay to the Secretary of the Treasury, within 15 days

after receipt of a request therefor from the Secretary of the Treasury,

such amounts as are sequestered by the order: Provided, That the

sequestration percentage specified in the order shall be applied proportionately to each of the Federal appropriation accounts in this

Act that are not specifically exempted from sequestration by such

Act.

(b) For purposes of the Balanced Budget and Emergency Deficit

Control Act of 1985 (99 Stat. 1037; Public Law 99–177), the term ‘‘program, project, and activity’’ shall be synonymous with and refer

specifically to each account appropriating Federal funds in this Act,

and any sequestration order shall be applied to each of the accounts

rather than to the aggregate total of those accounts: Provided, That

sequestration orders shall not be applied to any account that is specifically exempted from sequestration by the Balanced Budget and

Emergency Deficit Control Act of 1985.

SEC. 115. ACCEPTANCE AND USE OF GIFTS. (a) APPROVAL BY

MAYOR.—

(1) IN GENERAL.—An entity of the District of Columbia government may accept and use a gift or donation during fiscal

year 2002 if— (A) the Mayor approves the acceptance and use of the

gift or donation (except as provided in paragraph (2)); and

(B) the entity uses the gift or donation to carry out its

authorized functions or duties.

(2) EXCEPTION FOR COUNCIL AND COURTS.—The Council of

the District of Columbia and the District of Columbia courts

may accept and use gifts without prior approval by the Mayor.

(b) RECORDS AND PUBLIC INSPECTION.—Each entity of the District of Columbia government shall keep accurate and detailed

records of the acceptance and use of any gift or donation under subsection (a), and shall make such records available for audit and

public inspection.

(c) INDEPENDENT AGENCIES INCLUDED.—For the purposes of

this section, the term ‘‘entity of the District of Columbia government’’ includes an independent agency of the District of Columbia.

29

(d) EXCEPTION FOR BOARD OF EDUCATION.—This section shall

not apply to the District of Columbia Board of Education, which

may, pursuant to the laws and regulations of the District of Columbia, accept and use gifts to the public schools without prior approval

by the Mayor.

SEC. 116. None of the Federal funds provided in this Act may

be used by the District of Columbia to provide for salaries, expenses,

or other costs associated with the offices of United States Senator

or United States Representative under section 4(d) of the District of

Columbia Statehood Constitutional Convention Initiatives of 1979

(D.C. Law 3–171; D.C. Official Code, sec. 1–123).

SEC. 117. None of the funds appropriated under this Act shall

be expended for any abortion except where the life of the mother

would be endangered if the fetus were carried to term or where the

pregnancy is the result of an act of rape or incest.

SEC. 118. None of the Federal funds made available in this Act

may be used to implement or enforce the Health Care Benefits Expansion Act of 1992 (D.C. Law 9–114; D.C. Official Code, sec. 32– 701 et seq.) or to otherwise implement or enforce any system of registration of unmarried, cohabiting couples, including but not limited to registration for the purpose of extending employment, health,

or governmental benefits to such couples on the same basis that

such benefits are extended to legally married couples.

SEC. 119. ACCEPTANCE AND USE OF GRANTS NOT INCLUDED IN

CEILING. (a) IN GENERAL.—Notwithstanding any other provision of

this Act, the Mayor, in consultation with the Chief Financial Officer

may accept, obligate, and expend Federal, private, and other grants

received by the District government that are not reflected in the

amounts appropriated in this Act.

(b) REQUIREMENT OF CHIEF FINANCIAL OFFICER REPORT AND

COUNCIL APPROVAL.—No such Federal, private, or other grant may

be accepted, obligated, or expended pursuant to subsection (a)

until— (1) the Chief Financial Officer of the District of Columbia

submits to the Council a report setting forth detailed information regarding such grant; and

(2) the Council within 15 calendar days after receipt of the

report submitted under (1) has reviewed and approved the acceptance, obligation, and expenditure of such grant.

(c) PROHIBITION ON SPENDING IN ANTICIPATION OF APPROVAL

OR RECEIPT.—No amount may be obligated or expended from the

general fund or other funds of the District government in anticipation of the approval or receipt of a grant under subsection (b)(2) of

this section or in anticipation of the approval or receipt of a Federal, private, or other grant not subject to such paragraph.

(d) QUARTERLY REPORTS.—The Chief Financial Officer of the

District of Columbia shall prepare a quarterly report setting forth

detailed information regarding all Federal, private, and other

grants subject to this section. Each such report shall be submitted

to the Council of the District of Columbia, and to the Committees

on Appropriations of the House of Representatives and the Senate,

not later than 15 days after the end of the quarter covered by the

report.

SEC. 120. (a) RESTRICTIONS ON USE OF OFFICIAL VEHICLES.—

Except as otherwise provided in this section, none of the funds made

30

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.

(c) No officer or employee of the District of Columbia government (including any independent agency of the District but excluding the Office of the Chief Technology Officer, the Chief Financial

Officer of the District of Columbia, and the Metropolitan Police Department) may enter into an agreement in excess of $2,500 for the

procurement of goods or services on behalf of any entity of the District government until the officer or employee has conducted an

analysis of how the procurement of the goods and services involved

under the applicable regulations and procedures of the District government would differ from the procurement of the goods and services involved under the Federal supply schedule and other applicable regulations and procedures of the General Services Administration, including an analysis of any differences in the costs to be incurred and the time required to obtain the goods or services.

SEC. 121. Notwithstanding any other provision of law, not later

than 120 days after the date that a District of Columbia Public

Schools (DCPS) student is referred for evaluation or assessment—

(1) the District of Columbia Board of Education, or its successor, and DCPS shall assess or evaluate a student who may

have a disability and who may require special education services; and

(2) if a student is classified as having a disability, as defined in section 101(a)(1) of the Individuals with Disabilities

Education Act (84 Stat. 175; 20 U.S.C. 1401(a)(1)) or in section

7(8) of the Rehabilitation Act of 1973 (87 Stat. 359; 29 U.S.C.

706(8)), the Board and DCPS shall place that student in an appropriate program of special education services.

SEC. 122. (a) COMPLIANCE WITH BUY AMERICAN ACT.—No

funds appropriated in this Act may be made available to any person

or entity that violates the Buy American Act (41 U.S.C. 10a–10c).

31

(b) SENSE OF THE CONGRESS; REQUIREMENT REGARDING NO- TICE.— (1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PROD- UCTS.—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 LABEL- ING PRODUCTS AS MADE IN AMERICA.—If it has been finally determined by a court or Federal agency that any person intentionally

affixed a label bearing a ‘‘Made in America’’ inscription, or any inscription with the same meaning, to any product sold in or shipped

to the United States that is not made in the United States, the person shall be ineligible to receive any contract or subcontract made

with funds made available in this Act, pursuant to the debarment,

suspension, and ineligibility procedures described in sections 9.400

through 9.409 of title 48, Code of Federal Regulations.

SEC. 123. None of the funds contained in this Act may be used

for purposes of the annual independent audit of the District of Columbia government for fiscal year 2002 unless— (1) the audit is conducted by the Inspector General of the

District of Columbia, in coordination with the Chief Financial

Officer of the District of Columbia, pursuant to section 208(a)(4)

of the District of Columbia Procurement Practices Act of 1985

(D.C. Official Code, sec. 2–302.8); and

(2) the audit includes as a basic financial statement a comparison of audited actual year-end results with the revenues

submitted in the budget document for such year and the appropriations enacted into law for such year using the format, terminology, and classifications contained in the law making the

appropriations for the year and its legislative history.

SEC. 124. None of the funds contained in this Act may be used

by the District of Columbia Corporation Counsel or any other officer

or entity of the District government to provide assistance for any petition drive or civil action which seeks to require Congress to provide for voting representation in Congress for the District of Columbia.

SEC. 125. (a) None of the funds contained in this Act may be

used for any program of distributing sterile needles or syringes for

the hypodermic injection of any illegal drug.

(b) Any individual or entity who receives any funds contained

in this Act and who carries out any program described in subsection

(a) shall account for all funds used for such program separately

from any funds contained in this Act.

SEC. 126. None of the funds contained in this Act may be used

after the expiration of the 60-day period that begins on the date of

the enactment of this Act to pay the salary of any chief financial ofVerDate 11-MAY-2000 06:37 Dec 06, 2001 Jkt 076476 PO 00000 Frm 00031 Fmt 6659 Sfmt 6603 E:\HR\OC\HR321.XXX pfrm04 PsN: HR321
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ficer of any office of the District of Columbia government (including

any independent agency of the District) who has not filed a certification with the Mayor and the Chief Financial Officer of the District of Columbia that the officer understands the duties and restrictions applicable to the officer and the officer’s agency as a result of

this Act (and the amendments made by this Act), including any

duty to prepare a report requested either in the Act or in any of the

reports accompanying the Act and the deadline by which each report must be submitted, and the District’s Chief Financial Officer

shall provide to the Committees on Appropriations of the Senate

and the House of Representatives by the 10th day after the end of

each quarter a summary list showing each report, the due date and

the date submitted to the Committees.

SEC. 127. (a) None of the funds contained in this Act may be

used to enact or carry out any law, rule, or regulation to legalize

or otherwise reduce penalties associated with the possession, use, or

distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C. 802) or any tetrahydrocannabinols derivative.

(b) The Legalization of Marijuana for Medical Treatment Initiative of 1998, also known as Initiative 59, approved by the electors

of the District of Columbia on November 3, 1998, shall not take effect.

SEC. 128. Nothing in this Act may be construed to prevent the

Council or Mayor of the District of Columbia from addressing the

issue of the provision of contraceptive coverage by health insurance

plans, but it is the intent of Congress that any legislation enacted

on such issue should include a ‘‘conscience clause’’ which provides

exceptions for religious beliefs and moral convictions.

PROMPT PAYMENT OF APPOINTED COUNSEL

SEC. 129. (a) ASSESSMENT OF INTEREST FOR DELAYED PAY- MENTS.—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

33

and the District of Columbia Court of Appeals shall establish standards and criteria for determining whether vouchers submitted for

claims for payments described in subsection (b) are complete, and

shall publish and make such standards and criteria available to attorneys who practice before such Courts.

(d) RULE OF CONSTRUCTION.—Nothing in this section shall be

construed to require the assessment of interest against any claim (or

portion of any claim) which is denied by the Court involved.

(e) EFFECTIVE DATE.—This section shall apply with respect to

claims received by the Superior Court of the District of Columbia

or the District of Columbia Court of Appeals during fiscal year

2002, and claims received previously that remain unpaid at the end

of fiscal year 2001, and would have qualified for interest payment

under this section.

FEDERAL CONTRIBUTION FOR ENFORCEMENT OF LAW BANNING

POSSESSION OF TOBACCO PRODUCTS BY MINORS

SEC. 130. (a) CONTRIBUTION.—There is hereby appropriated a

Federal contribution of $100,000 to the Metropolitan Police Department of the District of Columbia, effective upon the enactment by

the District of Columbia of a law which reads as follows:

‘‘BAN ON POSSESSION OF TOBACCO PRODUCTS BY MINORS

‘‘SECTION 1. (a) IN GENERAL.—It shall be unlawful for any individual under 18 years of age to possess any cigarette or other tobacco product in the District of Columbia.

‘‘(b) EXCEPTIONS.—

‘‘(1) POSSESSION IN COURSE OF EMPLOYMENT.—Subsection

(a) shall not apply with respect to an individual making a delivery of cigarettes or tobacco products in pursuance of employment.

‘‘(2) PARTICIPATION IN LAW ENFORCEMENT OPERATION.—

Subsection (a) shall not apply with respect to an individual possessing products in the course of a valid, supervised law enforcement operation.

‘‘(c) PENALTIES.—Any individual who violates subsection (a)

shall be subject to the following penalties:

‘‘(1) For any violation, the individual may be required to

perform community service or attend a tobacco cessation program.

‘‘(2) Upon the first violation, the individual shall be subject

to a civil penalty not to exceed $50.

‘‘(3) Upon the second and each subsequent violation, the individual shall be subject to a civil penalty not to exceed $100.

‘‘(4) Upon the third and each subsequent violation, the individual may have his or her driving privileges in the District of

Columbia suspended for a period of 90 consecutive days.’’.

(b) USE OF CONTRIBUTION.—The Metropolitan Police Department shall use the contribution made under subsection (a) to enforce

the law referred to in such subsection.

SEC. 131. The Mayor of the District of Columbia shall submit

to the Senate and House Committees on Appropriations, the Senate

Governmental Affairs Committee, and the House Government Reform Committee quarterly reports addressing the following issues:

34

(1) crime, including the homicide rate, implementation of community policing, the number of police officers on local beats, and the

closing down of open-air drug markets; (2) access to drug abuse

treatment, including the number of treatment slots, the number of

people served, the number of people on waiting lists, and the effectiveness of treatment programs; (3) management of parolees and

pre-trial violent offenders, including the number of halfway house

escapes and steps taken to improve monitoring and supervision of

halfway house residents to reduce the number of escapes to be provided in consultation with the Court Services and Offender Supervision Agency; (4) education, including access to special education

services and student achievement to be provided in consultation

with the District of Columbia Public Schools; (5) improvement in

basic District services, including rat control and abatement; (6) application for and management of Federal grants, including the

number and type of grants for which the District was eligible but

failed to apply and the number and type of grants awarded to the

District but for which the District failed to spend the amounts received; and (7) indicators of child well-being.

SEC. 132. Nothing in this Act bars the District of Columbia

Corporation Counsel from reviewing or commenting on briefs in private lawsuits, or from consulting with officials of the District government regarding such lawsuits.

RESERVE FUNDS

SEC. 133. (a) IN GENERAL.—Section 202(j) of Public Law 104–

8, the District of Columbia Financial Responsibility and Management Assistance Act of 1995 is amended to read as follows:

‘‘(j) RESERVE FUNDS.—

‘‘(1) BUDGET RESERVE.—

‘‘(A) IN GENERAL.—For each of the fiscal years 2002

and 2003, the budget of the District government for the fiscal year shall contain a budget reserve in the following

amounts:

‘‘(i) $120,000,000, in the case of fiscal year 2002.

‘‘(ii) $70,000,000, in the case of fiscal year 2003.

‘‘(B) AVAILABILITY OF FUNDS.—Any amount made

available from the budget reserve described in subparagraph (A) shall remain available until expended.

‘‘(C) AVAILABILITY OF FISCAL YEAR 2001 BUDGET RESERVE FUNDS.—For fiscal year 2001, any amount in the

budget reserve shall remain available until expended.

‘‘(2) CUMULATIVE CASH RESERVE.—In addition to any other

cash reserves required under section 450A of the District of Columbia Home Rule Act, for each of the fiscal years 2004 and

2005, the budget of the District government for the fiscal year

shall contain a cumulative cash reserve of $50,000,000.

‘‘(3) CONDITIONS ON USE.—The District of Columbia may

obligate or expend amounts in the budget reserve under paragraph (1) or the cumulative cash reserve under paragraph (2)

only in accordance with the following conditions:

‘‘(A) The Chief Financial Officer of the District of Columbia shall certify that the amounts are available.

35

‘‘(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:

36

‘‘(i) For fiscal year 2002, 0 percent.

‘‘(ii) For fiscal year 2003, 0 percent.

‘‘(iii) For fiscal year 2004, 0 percent.

‘‘(iv) For fiscal year 2005, 1 percent.

‘‘(v) For fiscal year 2006, 2 percent.’’. SEC. 134. INTEGRATED PRODUCT TEAM. No funds appropriated

by this Act shall be available for an Integrated Product Team until

reorganization plans for the Integrated Product Team and a Capital

Construction Services Administration have been approved, or

deemed approved, by the Council: Provided, That this paragraph

shall not apply to funds appropriated for the Office of Contracting

and Procurement.

SEC. 135. No later than 30 calendar days after the date of the

enactment of this Act, the Chief Financial Officer of the District of

Columbia shall submit to the appropriate committees of Congress,

the Mayor, and the Council a revised appropriated funds operating

budget in the format of the budget that the District of Columbia

government submitted pursuant to section 442 of the District of Columbia Home Rule Act (Public Law 93–198; D.C. Official Code, sec.

1–204.42), for all agencies of the District of Columbia government

for such fiscal year that is in the total amount of the approved appropriation and that realigns all budgeted data for personal services and other-than-personal-services, respectively, with anticipated

actual expenditures.

SEC. 136. Section 403 of the District of Columbia Home Rule

Act, approved December 24, 1973 (Public Law 93–198; D.C. Official

Code, sec. 1–204.03), is amended as follows:

(1) Subsection (c) is amended by striking ‘‘shall receive, in

addition to the compensation to which he is entitled as a member of the Council, $10,000 per annum, payable in equal installments, for each year he serves as Chairman, but the Chairman’’.

(2) A new subsection (d) is added to read as follows: ‘‘(d) Notwithstanding subsection (a), as of the effective date of

the District of Columbia Appropriations Act, 2001, the Chairman

shall receive compensation, payable in equal installments, at a rate

equal to $10,000 less than the annual compensation of the Mayor.’’.

SEC. 137. RISK MANAGEMENT FOR SETTLEMENTS AND JUDG- MENTS. 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 § 2–402).

SEC. 138. Notwithstanding section 602(c)(1) of the District of

Columbia Home Rule Act (sec. 1–206(c)(1), D.C. Code), the Closing

of Portions of 2nd and N Streets, N.E. and Alley System in Square

710, S.O. 00–97, Act of 2001 (D.C. Act 14–106) shall take effect on

the date of the enactment of such Act or the date of the enactment

of this Act, whichever is later.

SEC. 139. None of the funds contained in this Act may be used

to issue, administer, or enforce any order by the District of Columbia Commission on Human Rights relating to docket numbers 93– 030–(PA) and 93–031–(PA).

37

SEC. 140. (a) Notwithstanding 20 U.S.C. § 1415, 42 U.S.C.

§ 1988, 29 U.S.C § 794a, or any other law, none of the funds appropriated under this Act, or in appropriations Acts for subsequent fiscal years, may be made available to pay attorneys’ fees accrued

prior to the effective date of this Act that exceeds a cap imposed on

attorneys’ fees by prior appropriations Acts that were in effect during the fiscal year when the work was performed, or when payment

was requested for work previously performed, in an action or proceeding brought against the District of Columbia Public Schools

under the Individuals with Disabilities Education Act (20 U.S.C.

§ 1400 et seq.).

(b) No later than 60 days after the date of enactment of this Act,

the Superintendent of Schools for the District of Columbia shall

submit to the Committees on Appropriations for the Senate and the

House of Representatives a written report for each of the fiscal years

1999, 2000, and 2001, detailing a complete itemized list, by year,

of the judgments for attorneys’ fees awarded to plaintiffs who prevailed in cases brought against the District of Columbia or the District of Columbia Public Schools under section 615(i)(3) of the Individuals with Disabilities Education Act (20 U.S.C. 1415(i)(3)). Such

report shall specify: (1) the amount of each judgment; (2) the total

amount paid on each judgment as of the date of the report; (3) the

principal balance remaining due on each such judgment as of the

date of the report, the amount of interest due as of December 31,

2001 on each unpaid amount; and the prospective annual rate of interest applicable to the judgment as of January 1, 2002; (4) the

name of the Court and case number for each judgment; (5) the aggregate total due in principal and interest on the judgments; and

(6) the amount paid by the District of Columbia, in each case listed,

to defense counsel representing the District or the District of Columbia Public Schools.

SEC. 141. The Comptroller General, in consultation with the

relevant agencies and members of the Committees on Appropriations

Subcommittees on the District of Columbia, shall submit by March

31, 2002 a report to the Committees on Appropriations of the House

and the Senate and the Committee on Governmental Affairs of the

Senate and the Committee on Government Reform of the House of

Representatives detailing the awards in judgment rendered in the

District of Columbia that were in excess of the cap imposed by prior

appropriations Acts in effect during the fiscal year when the work

was performed, or when payment was requested for work previously

performed, in actions brought against the District of Columbia Public Schools under the Individuals with Disabilities Education Act

(20 U.S.C. § 1400 et seq.): Provided, That such report shall include

a comparison, to the extent practicable, of the causes of action and

judgments rendered against public school districts of comparable

demographics and population as the District.

This Act may be cited as the ‘‘District of Columbia Appropriations Act, 2002’’.

And the Senate agree to the same.

JOE KNOLLENBERG,

ERNEST ISTOOK, JOHN T. DOOLITTLE,

JOHN E. SWEENEY,

DAVID VITTER,

38

BILL YOUNG, CHAKA FATTAH, ALAN B. MOLLOHAN, Managers on the Part of the House.

MARY L. LANDRIEU,

JACK REED,

DANIEL K. INOUYE,

MIKE DEWINE,

TED STEVENS,

Managers on the Part of the Senate.

(39)

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF

CONFERENCE

The managers on the part of the House and the Senate at the

conference on the disagreeing votes of the two Houses on the

amendment of the Senate to the bill (H.R. 2944) making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said

District for the fiscal year ending September 30, 2002, and for

other purposes, submit the following joint statement to the House

and the Senate in explanation of the effect of the actions agreed

upon by the managers and recommended in the accompanying conference report.

The conference agreement on the District of Columbia Appropriations Act, 2002, incorporates some of the provisions of both the

House and Senate versions of the bill. The language and allocations

set forth in House Report 107–216 and Senate Report 107–85

should be complied with unless specifically addressed in the accompanying bill and statement of the managers to the contrary. The

agreement agreed to herein, while repeating some report language

for emphasis, does not negate the language reference above unless

expressly provided. General provisions which are identical in the

House and Senate passed versions of H.R. 2944 are unchanged by

the conference agreement and are approved unless provided to the

contrary herein.

A summary chart appears later in this statement just before

the explanations of the general provisions showing the Federal appropriations by account and the allocation of District funds by

agency or office under each appropriation title showing the fiscal

year 2001 appropriation, the fiscal year 2002 request, the House

and Senate recommendations and the conference allowance.

FEDERAL FUNDS

FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

The conference agreement includes language requiring the

Federal payment for resident tuition support be deposited into a

dedicated account with any interest accrued to be used on behalf

of eligible District of Columbia residents. The conference action requires quarterly financial reports from the Chief Financial Officer

on the use of resident tuition funds and limits administrative expenses to seven percent of the total amount appropriated herein

rather than allowing administrative expenses to be charged again

on carryover amounts.

The conferees recognize and appreciate the important role of

Historically Black Colleges and Universities (HBCUs) in educating

citizens of the District of Columbia. Therefore, conferees urge the

prompt expansion of the District of Columbia’s Tuition Assistance

40

Grant Program to make those students attending HBCUs outside

of the District of Columbia, Maryland and Virginia eligible for

grant assistance.

FEDERAL PAYMENT FOR INCENTIVES FOR ADOPTION OF CHILDREN

The conference agreement has approved extending the availability until September 30, 2002 of the $5,000,000 approved in

Public Law 106–113 dated November 29, 1999 for this program.

The conference action provides that $1,000,000 be used for the establishment of a scholarship fund for post high school education

and training for District children of adoptive families as well as for

District children without parents due to the September 11, 2001

terrorist attack. The language also allows the funds to be used to

fund programs included in amendments made by title 22 of the

District’s FY 2002 Budget Support Act to the Adoption Support

Fund.

The conferees encourage the Mayor to use funds made available to create incentives to promote the adoption of children in the

District of Columbia foster care system, including $2,000,000 for attorney fees and home studies, $1,000,000 for establishment of a private adoptive family resource center in the District to provide ongoing information, education and support to adoptive families, and

$1,000,000 for adoption incentives and support for children with

special needs.

FEDERAL PAYMENT TO THE CAPITOL CITY CAREER DEVELOPMENT AND

JOB TRAINING PARTNERSHIP

Appropriates $500,000 for a Federal payment to the Capitol

City Career Development and Job Training Partnership as proposed by the House.

FEDERAL PAYMENT TO CAPITOL EDUCATION FUND

Appropriates $500,000 to the Capitol Education Fund.

FEDERAL PAYMENT TO METROPOLITAN KAPPA YOUTH DEVELOPMENT

FOUNDATION, INC.

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

FEDERAL PAYMENT TO THE FIRE AND EMERGENCY MEDICAL SERVICES

DEPARTMENT

Appropriates $500,000 to the Fire and Emergency Medical

Services Department for dry docking of the fire boat as proposed

by the House.

FEDERAL PAYMENT TO THE CHIEF MEDICAL EXAMINER

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

House.

41

FEDERAL PAYMENT TO THE YOUTH LIFE FOUNDATION

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

FEDERAL PAYMENT TO FOOD AND FRIENDS

Appropriates $2,000,000 to Food and Friends for their Capital

Campaign as proposed by the House.

FEDERAL PAYMENT TO THE CITY ADMINISTRATOR

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

proposed by the House.

FEDERAL PAYMENT TO SOUTHEASTERN UNIVERSITY

Appropriates $500,000 to Southeastern University for a public/

private partnership with the District of Columbia Public Schools at

the McKinley Technology High School campus as proposed by the

House instead of $250,000 as proposed by the Senate.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC SCHOOLS

Appropriates $2,500,000 to the District of Columbia Public

Schools of which $2,000,000 is for the Voyager Expanded Learning

Literacy Program in kindergarten and first grade classrooms,

$250,000 is for the Failure Free Reading Literacy Program for nonreaders and special education students and $250,000 is for

Lightspan, Inc. to implement the eduTest.com program in the public school system.

FEDERAL PAYMENTS FOR DISTRICT OF COLUMBIA AND FEDERAL LAW

ENFORCEMENT MOBILE WIRELESS INTEROPERABILITY PROJECT

Appropriates $1,400,000 as proposed by the Senate in support

of the District of Columbia and Federal law enforcement Mobile

Wireless Interoperability Project as follows: $400,000 to the District of Columbia Office of the Chief Technology Officer, $333,334

to the United States Secret Service, $333,333 to the United States

Capitol Police, and $333,333 to the United States Park Police. The

conferees expect the Secret Service, the Park Police, and the Capitol Police to provide additional funding to continue this project

through their own appropriations or through existing interagency

funding pools in subsequent fiscal years.

FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS

IN THE DISTRICT OF COLUMBIA

Appropriates $16,058,000 for emergency planning and security

costs in the District of Columbia of which $12,652,000 is to be

made available immediately to the District’s Emergency Management Agency for planning, training, and personnel costs required

for implementing the emergency operations plan and $3,406,000 is

to be made available immediately for reimbursement for equipment

purchased to provide security for the planned meetings in September 2001 of the World Bank and the International Monetary

42

Fund. The conference action requires the Mayor and the Chairman

of the Council of the District of Columbia, in consultation with the

Director of the Office of Personnel Management, the United States

Park Police, the United States Capitol Police, the Washington Metropolitan Area Transit Authority, regional transportation authorities, the Federal Emergency Management Agency, the Governor of

the State of Maryland and the Governor of the Commonwealth of

Virginia, the county executives of the contiguous counties of the regional and the respective state and local law enforcement entities

in the region, to develop an integrated emergency operations plan

for the District of Columbia in cases of national security events, including terrorist threats, protests, or other unanticipated events.

The plan is to be submitted to the Committees on Appropriations

of the Senate and House of Representatives no later than January

2, 2002. In addition, the Chief Financial Officer is required to provide quarterly reports on the use of the funds under this heading

beginning not later than April 2, 2002.

FEDERAL PAYMENT TO THE CHIEF FINANCIAL OFFICER OF THE

DISTRICT OF COLUMBIA

Appropriates $8,300,000 instead of $2,350,000 as proposed by the House and $5,900,000 as proposed by the Senate. The appropriation includes $1,000,000 for payment to the Excel Institute

Adult Education Program to be used by the Institute for construction, $300,000 for payment to the Woodlawn Cemetery for restoration of the Cemetery, $250,000 for payment to the Real World

Schools concerning 21st Century reform models for secondary education and the use of technology to support learning in the District

of Columbia, $300,000 for payment to a mentoring program and for

hotline services; $250,000 for payment to a youth development program with character education initiative; $250,000 for payment to

a basic values training in the local public schools, $2,250,000 for

payment for a pilot project to demonstrate the ‘‘Active Cap’’ river

cleanup technology on the Anacostia River, $500,000 for payment

to the Washington, D.C. Sports and Entertainment Commission,

which in coordination with the U.S. Soccer Foundation, shall use

the funds for environmental and infrastructure costs at the Kenilworth Park in the creation of the Kenilworth Regional Sport Complex, $600,000 for payment to the One Economy Corporation to increase Internet access to low-income homes in the District of Columbia, $500,000 for payment to the Langston Project for the 21st

Century, a community revitalization project to improve physical

education and training facilities, $1,000,000 for payment to the

Green Door Program, for capital improvements at a community

mental health clinic, $500,000 for payment to the Historical Society

of Washington for capital improvements to the new City Museum;

$200,000 to Teach for America DC for teacher development,

$50,000 to the District of Columbia for initial renovations at Eastern Market, $350,000 to the District of Columbia Safe Kids Coalition to promote child passenger safety through the Child Occupant

Protection Initiative. The conferees direct the District’s Chief Financial Officer to make the above payments directly to the organizations within 30 days of the enactment of this Act. The conferees

do not expect the Chief Financial Officer to administer these proVerDate 11-MAY-2000 06:37 Dec 06, 2001 Jkt 076476 PO 00000 Frm 00042 Fmt 6601 Sfmt 6601 E:\HR\OC\HR321.XXX pfrm04 PsN: HR321
43

grams or get involved in any way with the programs except to ensure that the funds are disbursed promptly and correctly to the

proper organizations.

The conferees encourage the District’s Chief Financial Officer

to credit amounts reimbursed by the U.S. Marshals Service for District of Columbia inmates housed in private contract facilities directly to the District of Columbia Department of Corrections for

payment to a contract bed space service provider.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA CORRECTIONS

TRUSTEE OPERATIONS

Appropriates $30,200,000 instead of $32,700,000 as proposed

by the House and Senate. The reduction consists of $2,000,000

from building renovations and $500,000 from funds requested for

the closing of the sewage treatment plant and the removal of underground storage tanks at the Lorton Correctional Complex.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS

Appropriates $112,180,000 instead of $111,238,000 as proposed

by the House and $140,181,000 as proposed by the Senate and allocates $66,091,000 as proposed by the House for Superior Court instead of $72,694,000 as proposed by the Senate, $31,594,000 for the

Court System instead of $31,149,000 as proposed by the House and

$31,634,000 as proposed by the Senate, and $6,492,000 for capital

improvements instead of $5,995,000 as proposed by the House and

$27,850,000 as proposed by the Senate. The conference action deletes the proviso proposed by the House that would have required

approval by the Committees for the purchase, installation and operation of an Integrated Justice Information System. The conference action deletes language proposed by the Senate that would

have allowed the District of Columbia Courts to reallocate not more

than $1,000,000 of funds provided under this heading among the

items and entities funded under such heading. The conference action transfers the new District of Columbia Family Court to a separate appropriation heading as proposed by the House instead of as

a proviso under this heading as proposed by the Senate.

ADMINISTRATIVE PROVISIONS

The conference agreement amends D.C. Official Code, sec. 11–

1722(a) to remove the Director of Social Services in the Superior

Court from direct supervision of the Executive Officer as proposed

by the Senate.

The conference agreement amends D.C. Official Code, sec. 11–

1723(a)(3) to remove the internal auditing of the accounts of the

courts from the fiscal officer as proposed by the Senate.

Crime victims compensation.—The conference agreement

amends D.C. Official Code, sec. 4–515(d) and (e) concerning the

Victims of Violent Crime Compensation Fund to allow 50 percent

of the estimated balance to be used for direct compensation payments to crime victims through the Fund and the balance for outreach activities designed to increase the number of crime victims

who apply for such direct compensation payments. The language

44

also provides that not more than 5 percent of the total amount of

monies in the Fund may be used to pay administrative costs.

The District’s Chief Financial Officer is directed to certify that

priority is given to crime victim assistance programs that provide

assistance to victims of sexual assault, domestic violence, or child

abuse including but not limited to abuse counseling, health and

mental health services, child advocacy centers, emergency housing,

emergency child care, transportation, hospital-based informational

and referral services, and family support. The conferees recommend

that the District government make funds available for victim assistance programs which are aimed at improving the intake, assessment, screening and investigation of reports of child abuse and

neglect and domestic violence.

The District’s Chief Financial Officer is directed to certify that

the program funds awarded to grantees under this program are

used to directly serve victims of crime.

The conference agreement amends D.C. Official Code, sec. 11– 2604 to increase the hourly rate for attorneys for indigents appointed under the Criminal Justice Act (CJA) from $50 per hour

to $65 per hour and increases the rate paid to investigators from

$10 per hour to $25 per hour. The rates are effective for cases initiated on or after March 1, 2002.

Quality of CJA legal services.—The conferees strongly urge the

D. C. Superior Court to evaluate the quality of the legal services

rendered by lawyers appointed under the Criminal Justice Act to

handle juvenile delinquency cases. The Court is urged to take immediate, affirmative steps to ensure that lawyers who lack the requisite training, experience and skill are not appointed to delinquency cases. The conferees also urge the Court to adopt a Continuing Legal Education (CLE) requirement for all lawyers rendering legal services under the Criminal Justice Act. Such training

is critical to improving the quality of legal representation provided

to indigent people in the District of Columbia and will result in a

more cost-efficient system.

FEDERAL PAYMENTS FOR FAMILY COURT ACT

Appropriates $24,016,000 for carrying out the District of Co- lumbia Family Court Act of 2001 instead of $23,316,000 as proposed by the House and $23,315,000 as proposed by the Senate.

The increase of $700,000 includes $200,000 for the completion of a

plan by the Mayor on integrating the computer systems of the District of Columbia government with the Family Court of the Superior Court and $500,000 to be used by the Child and Family Services Agency for activities authorized by the District of Columbia

Family Court Act of 2001.

DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS

Appropriates $34,311,000 as proposed by the House instead of

$39,311,000 as proposed by the Senate and makes conforming technical changes. The reduction of $5,000,000 below the Senate recommendation reflects conference action that requires the use of unobligated balances to fund the rate increase for investigators and

for attorneys for indigents appointed under the Criminal Justice

Act. The conference agreement also requires that $4,685,500 for deVerDate 11-MAY-2000 06:37 Dec 06, 2001 Jkt 076476 PO 00000 Frm 00044 Fmt 6601 Sfmt 6601 E:\HR\OC\HR321.XXX pfrm04 PsN: HR321
45

sign and construction expenses of the courthouse at 451 Indiana

Avenue, N.W., be paid from unobligated balances in this account.

FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER

SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA

(INLCUDING TRANSFER OF FUNDS)

The conference agreement allows $2,000 for official receptions

related to the offender and defendant support programs instead of

$1,500 proposed by the House and $5,000 proposed by the Senate.

The conference agreement restores the proviso requiring the Director to keep accurate and detailed records of the acceptance and use

of any gift or donation as proposed by the House and makes conforming technical changes. The conference action includes language

proposed by the Senate that allows the Director flexibility in acquiring an appropriate site to house or supervise offenders and defendants rather than limiting the Director to a specific site as proposed in the budget request and proposed by the House. In any

event the site is to be acquired by March 31, 2002.

FEDERAL PAYMENT TO THE CHILDREN’S NATIONAL MEDICAL CENTER

Appropriates $5,500,000 to the Children’s National Medical

Center of which $500,000 is for completion of a network of satellite

pediatric health clinics for children and families in underserved

neighborhoods and communities in the District of Columbia and

$5,000,000 is for capital and equipment improvements.

ST. COLETTA OF GREATER WASHINGTON EXPANSION PROJECT

Appropriates $2,000,000 to St. Coletta of Greater Washington,

Inc. instead of $1,000,000 as proposed by the House for costs associated with the establishment of a day program and comprehensive

case management services for mentally retarded and multiple

handicapped adolescents and adults in the District of Columbia including property acquisition and construction.

FEDERAL PAYMENT TO FAITH AND POLITICS INSTITUTE

Appropriates $50,000 to the Faith and Politics Institute for

grass roots-based racial sensitivity programs in the District of Columbia as proposed by the House.

FEDERAL PAYMENT TO THE THURGOOD MARSHALL ACADEMY CHARTER

SCHOOL

Appropriates $1,000,000 as proposed by the Senate to the

Thurgood Marshall Academy Charter School to be used to acquire

and renovate an educational facility in the Anacostia area of the

District.

FEDERAL PAYMENT TO THE GEORGE WASHINGTON UNIVERSITY CENTER

FOR EXCELLENCE IN MUNICIPAL MANAGEMENT

Appropriates $250,000 to the George Washington University

Center for Excellence in Municipal Management as proposed by the

Senate to increase the enrollment of managers from the District of

Columbia government.

46

COURT APPOINTED SPECIAL ADVOCATES

Appropriates $250,000 to the District of Columbia Court Appointed Special Advocates Unit as proposed by the Senate to be

used to expand the Unit’s work in the Family Court of the District

of Columbia Superior Court.

ADMINISTRATIVE PROVISION

The conference agreement allows $100,000 appropriated in the

District of Columbia Appropriations Act, 2001, Public Law 106–522

(114 Stat. 2441) to remain available until September 30, 2002 for

the Metropolitan Police Department to fund a youth safe haven police mini-station for mentoring high risk youth; $1,000,000 made

available in such Act for the Washington Interfaith Network (114

Stat. 2444) to remain available until December 31, 2002 for reimbursement of costs incurred in carrying out preconstruction activities at the former Fort Dupont Dwellings and Additions, and

$3,450,000 for Brownfield Remediation (114 Stat. 2445) to remain

available until expended for environmental and infrastructure costs

at Poplar Point as proposed by the Senate.

CONGRESSIONAL RESEARCH SERVICE

The conferees direct the Congressional Research Service to

analyze the differences and similarities in municipal, state and national government, including funding, management, oversight, and

the rights of citizens, in the District of Columbia and ten other

comparable national capitals. The conferees request that the report

be submitted to the House and Senate Committees on Appropriations not later than March 31, 2002.

DISTRICT OF COLUMBIA FUNDS

DIVISION OF EXPENSES

Provides that operating expenses for the District of Columbia for fiscal year 2002 shall not exceed $6,048,160,000 of which

$124,163,000 is from intra-District funds and $3,574,493,000 is

from local funds instead of $6,043,881,000 of which $124,163,000 is

from intra-District funds and $3,571,343,000 is from local funds as

proposed by the House and $6,051,646,000 of which $124,163,000

is from intra-District funds and $3,553,300,000 is from local funds

as proposed by the Senate. The changes in the amounts reflect actions taken by the conferees in the funding levels under the various

appropriation headings.

The conference agreement includes a proviso allowing the ceiling amount to be increased by proceeds of one-time transactions

which are expended for emergency or unanticipated operating or

capital needs and deletes the provision that would have allowed expenditures above the cap to generate additional revenues. The conferees encourage the Chief Financial Officer to reprioritize existing

resources for this purpose.

GOVERNMENTAL DIRECTION AND SUPPORT

Appropriates $286,138,000 including $229,421,000 from local

funds, $38,809,000 in Federal funds and $17,908,000 from other

47

funds instead of $285,359,000 including $229,271,000 from local

funds, $38,809,000 from Federal funds and $17,279,000 from other

funds as proposed by the House and $307,117,000 including

$228,471,000 from local funds, $61,367,000 from Federal funds and

$17,279,000 from other funds as proposed by the Senate.

Office of the Mayor.—The conference agreement includes an in- crease of $200,000 in Federal funds appropriated earlier under

Federal Payments for Family Court Act for a computer integration

plan for Child and Family Social Services as proposed by the Senate.

Recycled crumb rubber.—The conferees encourage the District

government to use recycled crumb rubber from tires in environmentally responsible applications such as roads, playgrounds, bicycle paths, and parking lots. Last year in the United States alone

270 million tires were ‘‘retired’’. While it has been reported that 70

percent of the tires were beneficially utilized, some 30 percent went

into landfills. Tires in landfills create problems that should be

minimized or eliminated. New technology has now allowed tires to

be recycled more economically, producing metals that are recycled

and tire crumb that can be used in numerous applications that provide added benefits. Rubberized asphalt in road applications has

been reported to last longer and provide lower noise levels. Mats

made from recycled rubber have been known to provide a safer environment for children in playgrounds. These and other applications allow for environmentally responsible uses and minimize the

number of tires that may be discarded.

Office of the City Administrator.—The conference agreement

includes an increase of $300,000 in Federal funds appropriated earlier in this Act for the Criminal Justice Coordinating Council of the

District of Columbia as proposed by the House. The conferees encourage District officials to reprogram or transfer funds to augment

this program in the event additional funds are required.

Office of the Chief Technology Officer.—The conference agree- ment includes an increase of $400,000 in Federal funds appropriated earlier in this Act to manage a wireless pilot project to connect local and Federal law enforcement agencies in the region as

proposed by the Senate instead of $500,000 as proposed by the

House.

Office of the Corporation Counsel.—The conference agreement includes $386,000 for activities related to the D.C. Antitrust Act of

1980, $10,000 for Antifraud activities related to section 820 of the

D.C. Procurement Practices Act of 1985, and $233,000 for the Consumer Protection Fund established pursuant to section 1402 of the

District of Columbia Budget Support Act for fiscal year 2001.

Office of the Chief Financial Officer.—The conference agreement includes $50,000 for initial renovations at Eastern Market

from Federal funds appropriated earlier in this Act.

ECONOMIC DEVELOPMENT AND REGULATION

The conference agreement includes the provisos proposed by

the Senate requiring the Department of Consumer and Regulatory

Affairs to use $50,000 of the receipts from the net proceeds from

the contractor that handles the District’s occupational and professional licensing to fund additional staff and equipment for the

48

Rental Housing Administration. The conference agreement approves $293,000 from other funds resulting from the lapse of personnel vacancies, caused by transferring employees into NSO positions without filling the resultant vacancies, into the revolving 5– 513 fund to be used to implement the provisions in D.C. Law 13– 281, the Abatement and Condemnation of Nuisance Properties Omnibus Amendment Act of 2000, pertaining to the prevention of the

demolition by neglect of historic properties. The conference agreement approves the proviso that requires 18 percent of the annual

total amount in the 5–513 fund, up to $500,000, that is deposited

into the 5–513 fund on an annual basis, be used to implement section 102 and other related sections of D.C. Law 13–281. The conference agreement deletes the proviso concerning personnel matters and the filling of certain positions in the Department.

Downtown Business Improvement Districts (BID).—The conferees have reviewed concerns expressed by businesses and business organizations in the District, as well as criticism expressed in

the local press, concerning the Downtown BID’s commitment to expand its mission into areas of regulation, planning, marketing, advocacy and economic development by way of the creation of affiliated entities, and its advocacy for legislative authority to expand

its functions to include public space management and regulation.

The Downtown BID and other BIDs in the District generate

funding for operations and administration under the authority

granted to it by legislation enacted by the Council of the District

of Columbia and approved by Congress. Justification for delegating

the authority to impose taxes, fees or liens on all commercial owners and tenants within the BID’s boundaries arose out of the need

to enhance the District’s ability to maintain cleanliness and public

safety within those boundaries. In fact, language exempting BIDs

from taxes levied by the District of Columbia was initially placed

in the fiscal year 1999 District of Columbia Appropriations Act

based on assurances that the BIDs’ role would be limited to augmenting the services that the District government was providing in

the areas of public safety, trash collection, street cleaning and ‘‘ambassadorial’’ assistance. The proposal was for the businesses in the

area to ‘‘tax themselves’’ and use those funds to provide a higher

level of basic services in their area. On that basis, it seemed fair

to allow the tax exemption. However, the intent was not to provide

a tax exemption for economic development or activities other than

those that would enhance the appearance and livability in the BID

area.

The House Committee took the initiative to investigate and respond to the concerns expressed by the business community to the

expansion of the BID’s mission as well as the various proposals for

funding the operation and administration of such affiliate entities.

As a result of the House Committee’s discussions with Downtown

BID Board members and staff members, the Downtown BID has

informed its Board and other business organizations in the District

that it will not move forward with the expansion of its core mission

at this time, and that any expansion of its core mission, either

within the BID or through affiliated entities, will not duplicate existing government functions that are currently funded with taxpayer dollars.

49

The conferees are concerned about this situation and the considerable deviation from the BIDs’ original mission as conveyed to

Congress.

PUBLIC SAFETY AND JUSTICE

Appropriates $633,853,000 including $594,803,000 from local funds, instead of $632,668,000 including $593,618,000 from local

funds as proposed by the Senate.

Metropolitan Police Department.—The conference agreement provides $100,000 in Federal funds included in section 130 of the

general provisions on the condition that the District government

enacts into law a ban on the possession of tobacco products by minors as specified in section 132. The funds are to be used by the

Department to enforce the ban.

Fire and Emergency Medical Services Department.—The conference agreement includes $500,000 for the Fire and Emergency

Medical Services Department to cover the costs of dry docking the

fireboat as proposed by the House.

Office of the Chief Medical Examiner.—The conference agree- ment includes $585,000 for the Chief Medical Examiner to help reduce backlogs of autopsies and case reports and to purchase toxicology and histology equipment as proposed by the House.

The conference agreement retains the proviso enacting into law

section 3703 of title XXXVII of the Fiscal Year 2002 Budget Support Act of 2001 as proposed by the House and transfers the proviso relating to the District of Columbia Income and Franchise Tax

Act of 1947 to section 103 of the general provisions.

PUBLIC EDUCATION SYSTEM

Appropriates $1,108,665,000 including $896,994,000 from local funds instead of $1,106,165,000 including $185,044,000 from Federal funds as proposed by the House and $1,108,915,000 including

$187,794,000 from Federal funds as proposed by the Senate. The

conference agreement allocates $400,000 for Enhancing and

Actualizing Internationalism and Multiculturalism in the Academic

Programs of the University of the District of Columbia and not less

than $200,000 for Adult Education. The conference action allocates

$1,277,500 for the Excel Institute Adult Education Program and requires that quarterly payments be made by the District’s Chief Financial Officer. The conference action allocates funds for various

programs as proposed by the Senate and retains the proviso that

excludes the evaluation process for District of Columbia Public

School employees as a negotiable item for collective bargaining purposes. The conference agreement deletes the proviso that would

have changed the fiscal year for the District of Columbia Public

Schools, District of Columbia Public Charter Schools and the University of the District of Columbia. The conference agreement extends the availability of $1,000,000 in local funds appropriated in

Public Law 107–20 for the State Education Office for a census-type

audit of the student enrollment of each District of Columbia Public

School and each public charter school. The funds are to remain

available until expended.

Public Schools.—Allocates $813,042,000 including $661,124,000 from local funds and $144,630,000 from Federal

50

funds for public schools instead of $810,542,000 including

$144,630,000 from Federal funds as proposed by the House and

$813,292,000 from local funds and $147,380,000 from Federal

funds as proposed by the Senate. The increase above the House allowance includes $250,000 for the Failure Free Reading literacy

program for non-readers and special education students, $250,000

for Lightspan, Inc. to implement the eduTec.com program, and

$2,000,000 for the Voyager Expanded Learning Literacy Program

in kindergarten and first grade. The $2,000,000 for the Voyager

Program consists of Federal funds appropriated earlier in this Act

and will allow the program to be implemented in kindergarten and

first grade classrooms throughout the District’s public school system. The program is a comprehensive literacy system that guarantees that all children entering the system in kindergarten will be

reading at grade level or above by the third grade. The program

includes a 5 day reading certification for teachers, a student assessment system, and electronic data management system, an in-school

reading program, after school and summer school interventions,

and a home study program for parents.

PUBLIC CHARTER SCHOOLS

ENSURING INDEPENDENCE WITH ACCOUNTABILITY

Public charter schools are innovations in public education designed to provide public education programs free from traditional

public school bureaucracy. The conferees are proud to have played

a partial role in their establishment in the District of Columbia.

After four years, the District continues to offer one of the most vibrant and diverse charter school programs in the United States,

enrolling more than 11% of the District’s public school students.

The conferees believe strongly that public charter schools must

remain free of bureaucratic regulation. However, the conferees are

also disturbed by press reports of fiscal irregularities and questionable management, reporting, discipline and academic practice at a

few charter schools. Three schools were closed by their chartering

authority for such reasons in the summer of 2001. Moreover, a

number of schools will soon undergo the mandatory five-year review, to determine whether there is reason to revoke their charters.

Obviously, charter school closings disrupt the instruction of their

students. At the same time, chartering authorities cannot responsibly leave children in schools that are demonstrably failing or accept continued public funding of schools whose academic or financial performance is irresponsible.

In authorizing the establishment of public charter schools in

the District of Columbia, Congress has chosen to encourage responsible educational creativity by a system that grants freedom from

regulation in exchange for accountability. Accountability, however,

requires the full disclosure of information about school performance

and finances, and active oversight by chartering authorities. While

the chartering authorities must not tell charter schools how to

achieve results or require the submission of unnecessary data, they

are obligated to remain informed of school performance and to take

action when a school fails to live up to the promises made in its

51

charter application, fails to provide legally mandated information,

or fails to conform to acceptable financial practice.

The conferees therefore encourage the chartering authorities to

act quickly when they become aware of problems at a public charter school that could potentially lead to revocation of its charter, to

notify and offer support to the school in order to prevent the disruption to children’s education of charter revocation and to protect

public funds. The conferees do not encourage regulation or directives of the kind practiced by school system administrations, but do

believe that the kind of accountability required of public schools in

the Elementary and Secondary Education Act of 1965 (20 U.S.C.

6301) must be asked of the District’s public charter schools also.

HUMAN SUPPORT SERVICES

(INCLUDING TRANSFER OF FUNDS)

The conference action makes conforming technical changes as

to the amount available for the Health Care Safety Net Administration and deletes the proviso that would have prohibited the District from providing free government services such as water, sewer,

solid waste disposal or collection, utilities, maintenance, repairs, or

similar services to any legally constituted private nonprofit organization, if the District would not be qualified to receive reimbursement pursuant to the Stewart B. McKinney Homeless Assistance

Act.

The conference agreement inserts a proviso earmarking

$7,500,000 to remain available until expended for the Addiction Recovery Fund to be used solely for the purpose of the Drug Treatment Choice Program.

PUBLIC WORKS

The conference agreement inserts provisos earmarking funds

for various programs as proposed by the Senate.

RECEIVERSHIP PROGRAMS

Appropriates $403,868,000 including $250,515,000 from local

funds, $134,339,000 from Federal funds instead of $403,368,000 including $134,339,000 from Federal funds as proposed by the House

and $403,868,000 including $134,839,000 from Federal funds as

proposed by the Senate. The conference agreement includes an increase of $500,000 in Federal funds appropriated earlier in this Act

for the Family Court to hire additional staff to enhance coordination with the Family Court of the Superior Court of the District of

Columbia as required by the Family Court Act.

RESERVE

The conference agreement provides a reserve of $120,000,000

as proposed by the Senate instead of $150,000,000 as proposed by

the House and deletes the proviso concerning the obligation of the

reserve funds as proposed by the Senate.

52

RESERVE RELIEF

The conference agreement inserts a new heading and language

that allows the District to spend $30,000,000 of the Reserve under

certain conditions as proposed by the Senate.

CONTINGENCY RESERVE FUND

The conference agreement deletes this heading and language

as proposed by the Senate.

EMERGENCY AND CONTINGENCY RESERVE FUND

The conference agreement inserts a new heading and language

to allow deposits into the Contingency Reserve Fund beginning in

fiscal year 2002 if certain conditions are met.

REPAYMENT OF LOANS AND INTEREST

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

EMERGENCY ASSISTANCE LOAN GUARANTEES

The conference agreement inserts a new heading and transfers

language from Repayment of Loans and Interest that provides indefinite appropriations of local funds to make payments related to

the District of Columbia Emergency Assistance Act of 2001 that

was enacted by the District government in response to the impact

that the terrorist attack of September 11, 2001 had on local businesses. The loans will be made by local banks for a period up to

10 years and will be guaranteed by the District government. The

conferees encourage the District’s Chief Financial Officer to consult

with the Office of Management and Budget in developing legislation for consideration by the Mayor and Council consistent with the

purposes of the Federal Credit Reform Act. Such legislation would

require the District to accurately estimate and budget for the potential liability from existing District of Columbia loan and loan

guarantee programs and the potential liability from legislation proposed to establish such programs.

EMERGENCY PLANNING AND SECURITY COSTS

Appropriates $16,058,000 in Federal funds appropriated earlier

in this Act for emergency planning and security costs in the District of Columbia. The language agreed to by the conferees makes

$12,652,000 of this amount available immediately to the District of

Columbia Emergency Management Agency for planning, training

and personnel costs required for development and implementation

of the emergency operations plan for the District of Columbia.

EMERGENCY RESERVE FUND TRANSFER

The conference action makes conforming technical changes and

requires that not less than $33,254,000 will be deposited into the

Emergency and Contingency Reserve Funds.

53

ENTERPRISE AND OTHER FUNDS

WATER AND SEWER AUTHORITY

The conference agreement inserts an administrative provision

that clarifies responsibilities concerning the water and sewer system and the Federally owned water main system as well as the installation of and access to meters.

SPORTS AND ENTERTAINMENT COMMISSION

The conference agreement retains language concerning the

transfer of funds and changes the date for a payment from the

Commission to the general fund from September 20, 2001 as proposed by the House to September 30, 2001. The increase of

$500,000 is for the creation of the Kenilworth Regional Sports

Complex. The funds are to be used by the Commission in coordination with the U.S. Soccer Foundation to cover environmental and

infrastructure costs at Kenilworth Park in connection with the creation of the Kenilworth Regional Sports Complex.

D.C. RETIREMENT BOARD

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

fund and of expenditures of all funds.

CAPITAL OUTLAY

The conference agreement includes language proposed by the

Senate concerning the requirement for a plan for the development

of census tract 68.04 south of East Capitol Street, S.E., and the

housing of any misdemeanants, felons, ex-offenders, or persons

awaiting trial within the District of Columbia as proposed by the

Senate. The conference agreement includes language that none of

the conditions set forth in this paragraph shall interfere with the

current operations of any Federal agency.

SUMMARY TABLE OF CONFERENCE RECOMMENDATIONS BY AGENCY

A summary table showing the Federal appropriations by account and the allocation of District funds by agency or office under

each appropriation heading for fiscal year 2001, the fiscal year

2002 request, the House and Senate recommendations, and the

conference allowance follows:

54

55

56

57

58

59

60

61

62

63

64

65

66

67

68

69

FISCAL YEAR 2002 FINANCIAL PLAN

[In thousands of dollars]

Local funds Grants and other revenue Gross funds

Revenue:

Local Sources:

Property Taxes ........................................................................... 746,031 0 746,031

Sales Taxes ............................................................................... 738,507 0 738,507

Income Taxes ............................................................................ 1,361,077 0 1,361,077

Gross Receipts .......................................................................... 244,480 0 244,480

Other Taxes ............................................................................... 153,460 0 153,460

Licenses, Permits ...................................................................... 43,336 0 43,336

Fines, Forfeitures ...................................................................... 60,040 0 60,040

Service Charges ........................................................................ 49,928 0 49,928

Miscellaneous ............................................................................ 72,030 194,510 266,540

Subtotal, local revenues ....................................................... 3,468,889 194,510 3,663,339

Federal sources:

Federal payments ...................................................................... 38,143 0 38,143

Grants ....................................................................................... 0 1,543,041 1,543,041

Subtotal, Federal sources ..................................................... 38,143 1,543,041 1,581,184

Other financing sources: Lottery transfer ......................................... 70,000 0 70,000

Total, general fund revenues ........................................................ 3,577,032 1,737,551 5,314,583

Expenditures:

Governmental Direction and Support ................................................ 229,421 56,717 286,138

Economic Development and Regulation ............................................ 60,786 170,092 230,878

Public Safety and Justice .................................................................. 594,803 39,050 633,853

Public Education System ................................................................... 896,994 211,671 1,108,665

Human Support Services ................................................................... 711,072 1,092,851 1,803,923

Public Works ...................................................................................... 286,334 13,817 300,151

Receiverships ..................................................................................... 250,515 153,353 403,868

Financing and Other .......................................................................... 361,314 0 361,314

Reserve ............................................................................................... 120,000 0 120,000

Reserve Relief .................................................................................... 30,000 0 30,000

Emergency Reserve Fund ................................................................... 33,254 0 33,254

Total, general fund expenditures .................................................. 3,574,493 1,737,551 5,312,044

Surplus/Deficit ............................................................................................ 2,539 0 2,539

GENERAL PROVISIONS

The conference agreement changes several section numbers for

sequential purposes and makes technical revisions in certain citations. Unless noted otherwise, the conference action refers to H.R.

2944 as passed the House.

The conference agreement inserts the words ‘‘legal settlements

or’’ to section 103 of the House bill as proposed by the Senate concerning making payment of judgments that have been entered

against the District of Columbia government.

The conference agreement retains section 106 of the House bill

but amended to delete the words ‘‘past work experience, and salary

history’’.

The conference agreement deletes section 107 of the House bill

appropriating from the applicable funds of the District of Columbia

70

such sums as may be necessary for making payments authorized

by the District of Columbia Revenue Recovery Act.

The conference agreement modifies section 108 (new section

107) of the Senate bill to allow local funds to be used for certain

lobbying activities.

The conference agreement amends section 110 (new section

109) of the House relating to reprogramming procedures to provide

authority to transfer four percent of local funds between appropriation headings.

The conference agreement retains section 112(b) (new section

111(b)) of the House bill on Certification of Need by the Chief Technology Officer, deletes section (c) which provided no limit on fulltime equivalent positions for the Office of the Chief Technology Officer, and retains section 112(d) (new section 111(b)) amending the

District of Columbia Home Rule Act as it relates to the Chief Financial Officer’s salary.

The conference agreement inserts section 111 (new section 112)

of the Senate bill requiring the Mayor to submit to the Council the

new fiscal year 2002 revenue estimates by the end of the first quarter of fiscal year 2002.

The conference agreement retains section 112 (new section

113) of the House bill as amended by the Senate to include whether

to invoke the competitive bidding process ‘‘and said determination

has been reviewed and certified by the Chief Financial Officer of

the District of Columbia’’. The conference agreement inserted section 113 (new section

114(b)) of the Senate bill and combines with section 114 (new section 114(a)) of the House bill regarding the Balanced Budget and

Emergency Deficit Control Act of 1985.

The conference agreement amends section 118 of the House bill

as amended by the Senate to delete extraneous language.

The conference agreement amends section 120(c) of the House

bill to allow the Chief Financial Officer of the District of Columbia

and the Metropolitan Police Department to enter into agreements

in excess of $2,500 for the procurement of goods or services.

The conference agreement retains section 122 and combines

with section 137 of the House bill. These sections relate to compliance with the Buy American Act.

The conference agreement amends section 123 of the House bill

to require the annual audit be coordinated with the Chief Financial

Officer.

The conference agreement retains section 124 of the House bill

to prohibit funds in this Act from being used by the District of Columbia Corporation Counsel or any other officer or entity of the

District government to provide assistance for any petition drive or

civil action which seeks to require Congress to provide for voting

representation in Congress for the District of Columbia.

The conference agreement retains section 125 of the House bill,

which prohibits any funds contained in this Act to be used for any

program of distributing sterile needles, or syringes for the hypodermic injection of any illegal drug.

The conference agreement retains section 126 of the House bill

which requires the chief financial officer of any office of the District

of Columbia government (including any independent agency of the

71

District) to file a certification with the Mayor and the Chief Financial Officer that they understand the duties and restrictions applicable to the officer and the officer’s agency as a result of this Act

(and the amendments made by this Act).

The conference agreement deletes section 126 of the Senate bill

which requires the Chief Financial Officer to submit a revised appropriated funds operating budget within 30 calendar days after

the date of the enactment of this Act. This is section 135 of the

House bill.

The conference agreement deletes section 127 of the House bill

requiring that in submitting any documents showing the budget for

an office of the District of Columbia government that contains a

category of activities labeled as ‘‘other’’, ‘‘miscellaneous’’, or a similar general, nondescriptive term, the document shall include a description of the types of activities covered in the category and a detailed breakdown as proposed by the Senate.

The conference agreement deletes section 129 of the House bill

authorizing the Mayor to allocate the District’s limitation amount

of qualified zone academy bonds.

The conference agreement inserts section 131 (new section 129)

as proposed by the Senate that relates to prompt payment of appointed counsel.

The conference agreement retains section 132 (new section

130) of the House bill by appropriating a $100,000 Federal contribution to the Metropolitan Police Department on the condition

that the District government enacts into law a ban on the possession of tobacco products by minors as specified in this section. The

funds are to be used by the Department to enforce the ban.

The conference agreement retains section 132 (new section

131) of the Senate bill which requires the Mayor of the District of

Columbia to submit to the Senate and House Committees on Appropriations, the Senate Governmental Affairs Committee, and the

House Government Reform Committee quarterly reports addressing the following issues: (1) crime, (2) access to drug abuse treatment, (3) management of parolees and pre-trial violent offenders,

(4) education, (5) improvement in basic District services, (6) application for and management of Federal grants, and (7) indicators of

child well-being.

The conference agreement retains section 133 (new section

132) of the House bill that allows the District of Columbia Corporation Counsel to review and comment on briefs in private lawsuits

and consult with officials of the District government regarding such

lawsuits.

The conference agreement retains section 133 as proposed by

the Senate amending the District of Columbia Financial Responsibility and Management Assistance Act concerning reserve fund requirements.

The conference agreement deletes section 134 as proposed by

the House that amended the National Capital Revitalization and

Self-Government Improvement Act of 1997.

The conference agreement retains section 134 as proposed by

the Senate that prohibits funds appropriated by this Act for an Integrated Product Team until reorganization plans for the InteVerDate 11-MAY-2000 06:37 Dec 06, 2001 Jkt 076476 PO 00000 Frm 00071 Fmt 6601 Sfmt 6601 E:\HR\OC\HR321.XXX pfrm04 PsN: HR321
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grated Product Team and a Capital Construction Services Administration have been approved, or deemed approved by the Council.

The conference agreement retains section 135 as proposed by

the House which requires the Chief Financial Officer to submit to

the appropriate committees of Congress, the Mayor, and the Council a revised appropriated fund operating budget in the format of

the budget that the District of Columbia government submitted

pursuant to section 442 of the District of Columbia Home Rule Act.

The conference agreement deletes section 135 as proposed by

the Senate which appropriated for the use of the Office of the Corporation Counsel of the District of Columbia all funds deposited in

the District of Columbia Antitrust Fund, Antifraud Fund, and District of Columbia Consumer Protection Fund and transferred those

provisions to the Governmental Direction and Support appropriation title.

The conference agreement retains section 136 as proposed by

the House that amends the Home Rule Act to increase the salary

of the Council Chairman to $10,000 less than the annual compensation of the Mayor.

The conference agreement retains section 136 (new section

137) as proposed by the Senate on risk management for settlements and judgments.

The conference agreement deletes section 137 as proposed by

the House stating that no funds appropriated in this Act may be

made available to pay any person or entity that violates the Buy

American Act and combines it with section 122 of the House bill.

The conference agreement retains section 137 (new section

138) as proposed by the Senate which waives the period of Congressional review for the Closing of Portions of 2nd and N Streets,

N.E. and Alley System in Square 710, Act.

The conference agreement retains section 138 (new section

139) as proposed by the House that prohibits funds contained in

this Act from being used to issue, administer, or enforce any order

by the District of Columbia Commission on Human Rights relating

to docket numbers 93–030–(PA) and 93–031–(PA).

The conference agreement deletes Section 138(a) which placed

a limitation on the amount of fees attorneys may receive when representing a party who prevails in an action or the fees of any attorney who defends any action, including an administrative proceeding, brought against the District of Columbia Public Schools

under the Individuals with Disabilities Education Act and Section

138(b) which allowed the Mayor and the Superintendent of the District of Columbia Public Schools to concur in a Memorandum of

Understanding setting forth a new rate and amount of compensation, or a new limit.

The conference agreement retains section 138(c) (new section

140) concerning attorney fee awards made in cases under the Individuals with Disabilities Education Act. The conference agreement

inserts a new subsection 140(b) which requires no later than 60

days after the date of enactment of this Act the Superintendent of

Schools of the District of Columbia shall submit to the Committees

on Appropriations of the House of Representatives and the Senate

a written report for each of the fiscal years 1999, 2000, and 2001,

detailing a complete itemized list, by year, of the judgments for atVerDate 11-MAY-2000 06:37 Dec 06, 2001 Jkt 076476 PO 00000 Frm 00072 Fmt 6601 Sfmt 6601 E:\HR\OC\HR321.XXX pfrm04 PsN: HR321
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torneys’ fees awarded to plaintiffs who prevailed in cases brought

against the District of Columbia or the District of Columbia Public

Schools under section 6154(i)(3) of the Individuals with Disabilities

Education Act (20 U.S.C. 1415(i)(3)).

The conference agreement deletes section 139 as proposed by

the Senate that makes certain exceptions to the limitation in the

previous section on the amount of fees attorneys can receive when

representing a party who prevails in an action or any attorney who

defends any action, including an administrative proceeding,

brought against the District of Columbia Public Schools under the

Individuals with Disabilities Education Act.

The conference agreement deletes section 140 of the Senate bill

concerning mandatory advanced electronic information for air cargo

and passengers entering the United States.

The conference agreement inserts a new section 141 as proposed by the Senate that requires the General Accounting Office to

submit by March 31, 2002 a report detailing the awards in judgment rendered in the District of Columbia that were in excess of

the cap imposed by prior appropriations acts on attorney fees for

work performed or previously performed in actions brought against

the District of Columbia Public Schools under the Individuals with

Disabilities Education Act.

CONFERENCE TOTAL—WITH COMPARISONS

The total new budget (obligation) authority for the fiscal year

2002 recommended by the Committee of Conference, with comparisons to the fiscal year 2001 amount, the 2002 budget estimates,

and the House and Senate bills for 2002 follows:

[In thousands of dollars]

Federal Funds:

New budget (obligational) authority, fiscal year 2001 .......................... $464,125

Budget estimates of new (obligational) authority, fiscal year 2002 ..... 358,607

House bill, fiscal year 2002 ...................................................................... 398,058

Senate bill, fiscal year 2002 ..................................................................... 408,000

Conference agreement, fiscal year 2002 ................................................. 408,000

Conference agreement compared with:

New budget (obligational) authority, fiscal year 2001 ................... ¥56,125

Budget estimates of new (obligational) authority, fiscal year

2002 ................................................................................................ +49,393

House bill, fiscal year 2002 .............................................................. +9,942

Senate bill, fiscal year 2002 ............................................................. ——

District of Columbia Funds:

New budget (obligational) authority, fiscal year 2001 .......................... 6,774,159

Budget estimates of new (obligational) authority, fiscal year 2002 ..... 7,144,312

House bill, fiscal year 2002 ...................................................................... 7,146,437

Senate bill, fiscal year 2002 ..................................................................... 7,154,201

Conference agreement, fiscal year 2002 ................................................. 7,150,716

Conference agreement compared with:

New budget (obligational) authority, fiscal year 2001 ................... +376,557

Budget estimates of new (obligational) authority, fiscal year

2002 ................................................................................................ +6,404

House bill, fiscal year 2002 .............................................................. +4,279

Senate bill, fiscal year 2002 ............................................................. ¥3,485

JOE KNOLLENBERG,

ERNEST ISTOOK,

JOHN T. DOOLITTLE,

JOHN E. SWEENEY,

DAVID VITTER,

74

BILL YOUNG, CHAKA FATTAH, ALAN B. MOLLOHAN, Managers on the Part of the House.

MARY L. LANDRIEU,

JACK REED,

DANIEL K. INOUYE,

MIKE DEWINE,

TED STEVENS,

Managers on the Part of the Senate.

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