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has conducted an analysis of how the procurement of the
goods and services involved under the applicable regula-
tions and procedures of the District government would dif-
fer from the procurement of the goods and services in-
volved under the Federal supply schedule and other appli-
cable 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 Edu-
cation, 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 dis-
ability, as defined in section 101(a)(1) of the Indi-
viduals 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 stu-
dent in an appropriate program of special education
services.
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SEC. 122. (a) COMPLIANCE WITH BUY AMERICAN
ACT.—None of the funds made available in this Act may
be expended by an entity unless the entity agrees that in
expending the funds the entity will comply with the Buy
American Act (41 U.S.C. 10a–10c).
(b) SENSE OF THE CONGRESS; REQUIREMENT RE-
GARDING NOTICE.—
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—In the case of any equipment or
product that may be authorized to be purchased
with financial assistance provided using funds made
available in this Act, it is the sense of the Congress
that entities receiving the assistance should, in ex-
pending the assistance, purchase only American-
made equipment and products to the greatest extent
practicable.
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—
In providing financial assistance using funds made
available in this Act, the head of each agency of the
Federal or District of Columbia government shall
provide to each recipient of the assistance a notice
describing the statement made in paragraph (1) by
the Congress.
(c) PROHIBITION
OF CONTRACTS WITH PERSONS
FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
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If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bear-
ing 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 con-
tract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineli-
gibility 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 pursuant to sec-
tion 208(a)(4) of the District of Columbia Procure-
ment Practices Act of 1985 (D.C. Official Code, sec.
2–302.8); and
(2) the audit includes as a basic financial state-
ment a comparison of audited actual year-end re-
sults with the revenues submitted in the budget doc-
ument for such year and the appropriations enacted
into law for such year using the format, terminology,
and classifications contained in the law making the
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appropriations for the year and its legislative his-
tory.
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 gov-
ernment to provide assistance for any petition drive or civil
action which seeks to require Congress to provide for vot-
ing representation in Congress for the District of Colum-
bia.
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 ille-
gal drug.
(b) Any individual or entity who receives any funds
contained in this Act and who carries out any program
described in subsection (a) shall account for all funds used
for such program separately from any funds contained in
this Act.
SEC. 126. None of the funds contained in this Act
may be used after the expiration of the 60-day period that
begins on the date of the enactment of this Act to pay
the salary of any chief financial officer of any office of
the District of Columbia government (including any inde-
pendent agency of the District) who has not filed a certifi-
cation with the Mayor and the Chief Financial Officer of
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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 amend-
ments made by this Act), including any duty to prepare
a report requested either in the Act or in any of the re-
ports 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 Ap-
propriations of the Senate and the House of Representa-
tives by the 10th day after the end of each quarter a sum-
mary list showing each report, the due date and the date
submitted to the Committees.
SEC. 127. In submitting any document showing the
budget for an office of the District of Columbia govern-
ment (including an independent agency of the District)
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
of the amount allocated for each such activity.
SEC. 128. (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 associ-
ated with the possession, use, or distribution of any sched-
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ule I substance under the Controlled Substances Act (21
U.S.C. 802) or any tetrahydrocannabinols derivative.
(b) The Legalization of Marijuana for Medical Treat-
ment Initiative of 1998, also known as Initiative 59, ap-
proved by the electors of the District of Columbia on No-
vember 3, 1998, shall not take effect.
SEC. 129. Notwithstanding any other provision of
law, the Mayor of the District of Columbia is hereby solely
authorized to allocate the District’s limitation amount of
qualified zone academy bonds (established pursuant to 26
U.S.C. 1397E) among qualified zone academies within the
District.
SEC. 130. Nothing in this Act may be construed to
prevent the Council or Mayor of the District of Columbia
from addressing the issue of the provision of contraceptive
coverage by health insurance plans, but it is the intent
of Congress that any legislation enacted on such issue
should include a ‘‘conscience clause’’ which provides excep-
tions for religious beliefs and moral convictions.
SEC. 131. Section 149 of division A, Miscellaneous
Appropriations Act, 2001, as enacted by section 1(A)(4)
of Public Law 106–554 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 un-
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paid at the end of fiscal year 2001 and would have quali-
fied for interest payment under such section 149.
FEDERAL CONTRIBUTION FOR ENFORCEMENT OF LAW
BANNING POSSESSION OF TOBACCO PRODUCTS BY
MINORS
SEC. 132. (a) CONTRIBUTION.—There is hereby ap-
propriated a Federal contribution of $100,000 to the Met-
ropolitan 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 Co-
lumbia.
‘‘(b) EXCEPTIONS.—
‘‘(1) POSSESSION
IN
COURSE
OF
EMPLOY-
MENT.—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 re-
spect to an individual possessing products in the
course of a valid, supervised law enforcement oper-
ation.
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‘‘(c) PENALTIES.—Any individual who violates sub-
section (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 vio-
lation, the individual shall be subject to a civil pen-
alty not to exceed $100.
‘‘(4) Upon the third and each subsequent viola-
tion, 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 Po-
lice Department shall use the contribution made under
subsection (a) to enforce the law referred to in such sub-
section.
SEC. 133. Nothing in this Act bars the District of
Columbia Corporation Counsel from reviewing or com-
menting on briefs in private lawsuits, or from consulting
with officials of the District government regarding such
lawsuits.
SEC. 134. (a) Section 11201(g)(4)(A) of the National
Capital Revitalization and Self-Government Improvement
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Act of 1997 (sec. 24–1201(g)(4)(A), D.C. Code), as
amended by section 163 of the District of Columbia Ap-
propriations Act, 2001, is amended—
(1) by striking ‘‘and’’ at the end of clause (ix);
(2) by striking the period at the end of clause
(x); and
(3) by adding at the end the following new
clause:
‘‘(xi) obligate and expend the proceeds
and funds deposited under clauses (ix) and
(x) as provided in such clauses.’’.
(b) The amendment made by subsection (a) shall take
effect as if included in the enactment of the Lorton Tech-
nical Corrections Act of 1998 (Public Law 105–277; 112
Stat. 2681–600).
This Act may be cited as the ‘‘District of Columbia
Appropriations Act, 2002’’.
Union Calendar No. 130
107TH CONGRESS
1ST SESSION
H. R. 2944
[Report No. 107–216]
A BILL
Making appropriations for the government of the
District of Columbia and other activities charge-
able in whole or in part against revenues of said
District for the fiscal year ending September 30,
2002, and for other purposes.
SEPTEMBER 24, 2001
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed