H. R. 2944—23
SPORTS AND ENTERTAINMENT COMMISSION
For the Sports and Entertainment Commission, $9,627,000
(including $2,177,000 to be derived by transfer from the general
fund of the District of Columbia and $7,450,000 from other funds):
Provided, That the transfer of $2,177,000 from the general fund
shall not be made unless the District of Columbia general fund
has received $2,177,000 from the D.C. Sports and Entertainment
Commission prior to September 30, 2001: Provided further, That
the Mayor shall submit a budget for the Armory Board for the
forthcoming fiscal year as required by section 442(b) of the District
of Columbia Home Rule Act (87 Stat. 824; Public Law 93–198;
D.C. Official Code, sec. 1–204.42(b)).
DISTRICT OF COLUMBIA RETIREMENT BOARD
For the District of Columbia Retirement Board, established
by section 121 of the District of Columbia Retirement Reform Act
of 1979 (93 Stat. 866; D.C. Official Code, sec. 1–711), $13,388,000
from the earnings of the applicable retirement funds to pay legal,
management, investment, and other fees and administrative
expenses of the District of Columbia Retirement Board: Provided,
That the District of Columbia Retirement Board shall provide to
the Congress and to the Council of the District of Columbia a
quarterly report of the allocations of charges by fund and of expendi-
tures 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 con-
trolled in accordance with all procedures and limitations established
under the Financial Management System: Provided further, That
H. R. 2944—24
all funds provided by this appropriation title shall be available
only for the specific projects and purposes intended: Provided fur-
ther, 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 been
obligated in whole or in part prior to September 30, 2003: Provided
further, That upon expiration of any such project authorization,
the funds provided herein for the project shall lapse: Provided
further, That except for funds approved in the budgets prior to
the fiscal year 2002 budget and FL–MA2 in the fiscal year 2002
Budget Request, no funds may be expended to renovate, rehabilitate
or construct any facility within the boundaries of census tract
68.04 for any purpose associated with the D.C. Department of
Corrections, the CSOSA, or the federal Bureau of Prisons unit
until March 31, 2002 or until such time as the Mayor shall present
to the Council for its approval, a plan for the development of
census tract 68.04 south of East Capitol Street, S.E., and the
housing of any misdemeanants, felons, ex-offenders, or persons
awaiting trial within the District of Columbia, whichever occurs
earlier: Provided further, That none of the conditions set forth
in this paragraph shall interfere with the current operations of
any Federal agency: Provided further, That none of the conditions
set forth shall restrict the ongoing operations of the Department
of Corrections.
GENERAL PROVISIONS
SEC. 101. Whenever in this Act, an amount is specified within
an appropriation for particular purposes or objects of expenditure,
such amount, unless otherwise specified, shall be considered as
the maximum amount that may be expended for said purpose
or object rather than an amount set apart exclusively therefor.
SEC. 102. Appropriations in this Act shall be available for
expenses of travel and for the payment of dues of organizations
concerned with the work of the District of Columbia government,
when authorized by the Mayor: Provided, That in the case of the
Council of the District of Columbia, funds may be expended with
the authorization of the chair of the Council.
SEC. 103. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or judg-
ments 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.
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SEC. 105. No funds appropriated in this Act for the District
of Columbia government for the operation of educational institu-
tions, the compensation of personnel, or for other educational pur-
poses may be used to permit, encourage, facilitate, or further par-
tisan political activities. Nothing herein is intended to prohibit
the availability of school buildings for the use of any community
or partisan political group during non-school hours.
SEC. 106. None of the funds appropriated in this Act shall
be made available to pay the salary of any employee of the District
of Columbia government whose name, title, grade, and salary are
not available for inspection by the House and Senate Committees
on Appropriations, the House Committee on Government Reform,
the Senate Committee on Governmental Affairs, and the Council
of the District of Columbia, or their duly authorized representative.
SEC. 107. (a) Except as provided in subsection (b), no part
of this appropriation shall be used for publicity or propaganda
purposes or implementation of any policy including boycott designed
to support or defeat legislation pending before Congress or any
State legislature.
(b) The District of Columbia may use local funds provided
in this Act to carry out lobbying activities on any matter other
than—
(1) the promotion or support of any boycott; or
(2) statehood for the District of Columbia or voting rep-
resentation 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 govern-
ment 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 re-
programming of funds in excess of $1,000,000 or 10 percent, which-
ever 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 avail-
able for obligation or expenditure for an agency through a transfer
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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 appropria-
tion.
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 pro-
vided by law.
SEC. 111. (a) Notwithstanding any other provisions of law,
the provisions of the District of Columbia Government Comprehen-
sive Merit Personnel Act of 1978 (D.C. Law 2–139; D.C. Official
Code, sec. 1–601.01 et seq.), enacted pursuant to section 422(3)
of the District of Columbia Home Rule Act (87 Stat. 790; Public
Law 93–198; D.C. Official Code, sec. 1–204.22(3)), shall apply with
respect to the compensation of District of Columbia employees:
Provided, That for pay purposes, employees of the District of
Columbia government shall not be subject to the provisions of
title 5, United States Code.
(b)(1) 
CERTIFICATION
OF
NEED
BY
CHIEF
TECHNOLOGY
OFFICER.—Section 2706(b) of the District of Columbia Government
Comprehensive Merit Personnel Act of 1978, as added by section
2 of the District Government Personnel Exchange Agreement
Amendment Act of 2000 (D.C. Law 13–296), is amended by inserting
after ‘‘Director of Personnel’’ each place it appears the following:
‘‘(or the Chief Technology Officer, in the case of the Office of
the Chief Technology Officer)’’.
(2) INCLUSION OF OVERHEAD COSTS IN AGREEMENTS.—Section
2706(c)(3) of such Act is amended by striking the period at the
end and inserting the following: ‘‘, except that in the case of the
Office of the Chief Technology Officer, general and administrative
costs shall include reasonable overhead costs and shall be calculated
by the Chief Technology Officer (as determined under such criteria
as the Chief Technology Officer independently deems appropriate
subject to the review of the City Administrator, including a consider-
ation 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 sub-
section:
‘‘(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 Tech-
nology Officer under this section which are in effect during the
fiscal year.’’.
(c) The authority which the Chief Financial Officer of the Dis-
trict 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.