236
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Provided, That notwithstanding any other provision
of law, rule, or regulation, the evaluation process and
instruments for evaluating District of Columbia Pub-
lic School employees shall be a non-negotiable item for
collective bargaining purposes: Provided further, That
this appropriation shall not be available to subsidize
the education of any nonresident of the District of Co-
lumbia at any District of Columbia public elemen-
tary and secondary school during fiscal year 2003
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 es-
tablished by the Superintendent of the District of Co-
lumbia Public Schools): Provided further, That not-
withstanding 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, 2003, an amount equal to 10 per-
cent of the total amount provided for the District of
Columbia Public Schools in the proposed budget of the
District of Columbia for fiscal year 2004 (as sub-
mitted 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
237
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District of Columbia Appropriations Act, 2004: Pro-
vided further, That the District of Columbia Public
Schools shall not spend less than $496,000,000 in the
‘‘Schools’’ responsibility centers, including 5100 (Ele-
mentary 
Schools), 
6300 
(Middle/Junior 
High
Schools), 7100 (Senior High Schools), and 7700
(Charter and Private Schools): Provided further, That
$16,800,000 shall be for negotiated teacher wage in-
creases.
(2) 
THE
STATE
EDUCATION
OFFICE.—
$49,687,000 (including $22,594,000 from local funds,
$26,917,000 from Federal funds, $176,000 from other
funds), shall be available for the State Education Of-
fice: Provided, That of the amounts provided to the
State Education Office, $500,000 from local funds
shall remain available until June 30, 2004 for an
audit of the student enrollment of each District of Co-
lumbia Public School and of each public charter
school.
(3) THE DISTRICT OF COLUMBIA PUBLIC CHAR-
TER SCHOOLS.—$132,865,000 from local funds shall
be available 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 begin-
238
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ning 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 in accordance with the School
Reform Act of 1995 (Public Law 105–100, sec. 172;
D.C. Official Code, sec. 38–1804.03(b)(2)): Provided
further, That of the amounts made available to public
charter schools, $25,000 shall be made available to the
Office of the Chief Financial Officer as authorized by
D.C. Official Code, sec. 38–1804.03(b)(6): Provided
further, That $589,000 of this amount shall be avail-
able to the District of Columbia Public Charter
School Board for administrative costs: Provided fur-
ther, That notwithstanding the amounts otherwise
provided under this heading or any other provision of
law, there shall be appropriated to the District of Co-
lumbia public charter schools on July 1, 2003, an
amount equal to 25 percent of the total amount pro-
vided for payments to public charter schools in the
proposed budget of the District of Columbia for fiscal
year 2004 (as submitted to Congress), and the amount
of such payment shall be chargeable against the final
amount provided for such payments under the Dis-
trict of Columbia Appropriations Act, 2004.
239
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(4) THE UNIVERSITY OF THE DISTRICT OF CO-
LUMBIA.—$83,990,000 (including $52,272,000 from
local funds, $12,668,000 from Federal funds, and
$19,050,000 from other funds) shall be available for
the University of the District of Columbia: Provided,
That this appropriation shall not be available to sub-
sidize the education of nonresidents of the District of
Columbia at the University of the District of Colum-
bia, unless the Board of Trustees of the University of
the District of Columbia adopts, for the fiscal year
ending September 30, 2003, a tuition rate schedule
that will establish the tuition rate for nonresident stu-
dents 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 notwithstanding the amounts otherwise
provided under this heading or any other provision of
law, there shall be appropriated to the University of
the District of Columbia on July 1, 2003, an amount
equal to 10 percent of the total amount provided for
the University of the District of Columbia in the pro-
posed budget of the District of Columbia for fiscal
year 2004 (as submitted to Congress), and the amount
of such payment shall be chargeable against the final
amount provided for the University of the District of
240
HJ 2 PP
Columbia under the District of Columbia Appropria-
tions Act, 2004: Provided further, That not to exceed
$2,500 for the President of the University of the Dis-
trict of Columbia shall be available from this appro-
priation for official purposes.
(5) THE
DISTRICT
OF
COLUMBIA
PUBLIC
LI-
BRARY.—$28,150,000 (including $27,003,000 from
local funds, $610,000 from Federal funds and
$537,000 other funds) shall be available for the Public
Library: Provided, That not to exceed $2,000 for the
Public Librarian shall be available from this appro-
priation for official purposes.
(6) THE COMMISSION ON THE ARTS AND HUMAN-
ITIES.—$2,352,000 (including $1,757,000 from local
funds, $475,000 from Federal funds and $120,000
from other funds) shall be available for the Commis-
sion on the Arts and Humanities.
(7) CHARTER SCHOOL FACILITIES.—$20,000,000,
from funds appropriated earlier in this Act as a Fed-
eral Payment, to remain available until expended, for
development of Charter School facilities in the Dis-
trict of Columbia.
ADMINISTRATIVE PROVISION
SEC. 11. CHARTER SCHOOL FUND. The School Reform
Act of 1995, approved November 19, 1997 (Public Law 105–
241
HJ 2 PP
100, sec. 172; 111 Stat. 2191; D.C. Official Code, sec. 38–
1804.03(b)), is amended to read as follows:
‘‘(b) PAYMENTS TO CHARTER SCHOOLS.—
‘‘(1) ESTABLISHMENT OF FUND.—The fund pre-
viously established in the general fund of the District
of Columbia known as the ‘New Charter School Fund’
shall now be known as the ‘Charter School Fund’.
‘‘(2) CONTENTS OF FUND.—The Charter School
Fund shall consist of:
‘‘(A) unexpended and unobligated amounts
appropriated from local funds for public charter
schools for each fiscal year that reverted to the
general fund of the District of Columbia: Pro-
vided, That the amount of funds deposited shall
not be an amount greater than is necessary to
reach a balance of $10,000,000 from the fiscal
year 2002 appropriation, and $5,000,000 from
fiscal year 2003 and succeeding years appropria-
tion; and
‘‘(B) any interest earned on such amounts,
to carry out the purposes described in paragraph
(3) of this subsection.
‘‘(3) PURPOSES OF FUND.—The Charter School
Fund shall be used to carry out the activities to assist
public charter schools in the District of Columbia in
242
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providing funding in such cases where the total au-
dited enrollment, including enrollment in special
needs categories, exceeds that of the student enrollment
on which the annual appropriation is based in that
fiscal year.
‘‘(4) EXPENDITURES FROM FUND.—
‘‘(A) EXPENDITURES FROM THE FUND FOR
ENROLLMENT
IN
EXCESS
OF
ANNUAL
PUBLIC
CHARTER
SCHOOL
PROJECTIONS.—Funds shall
be available from the Charter School Fund for
any public charter school operating in that fiscal
year, in such cases where the total audited en-
rollment, including enrollment in special needs
categories, exceeds that of the student enrollment
on which the annual appropriation is based in
that fiscal year.
‘‘(B) FORM OF PAYMENT.—Payments under
this subsection shall be made by electronic funds
transfer from the Charter School Fund to a bank
designated by a public charter school.
‘‘(5) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to the Chief
Financial Officer of the District of Columbia such
sums as may be necessary to carry out the purposes
of this subsection for each fiscal year.’’.
243
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HUMAN SUPPORT SERVICES
(INCLUDING TRANSFER OF FUNDS)
Human support services, $2,500,297,000 (including
$1,069,630,000 from local funds, $1,377,680,000 from Fed-
eral funds, and $52,987,000 from other funds): Provided,
That an additional amount of $23,867,000 from funds ap-
propriated in this Act under the heading ‘‘Tobacco Settle-
ment Trust Fund Transfer Payment’’, which may be trans-
ferred from the Medicaid and Special Education Reform
Fund, established by the Medicaid and Special Education
Reform Fund Establishment Act of 2002, approved by the
Council of the District of Columbia on 1st reading on May
7, 2002 (Bill 14–609), of which, not to exceed, $7,072,000
for Child and Family Services, $5,795,000 for the Depart-
ment of Human Services, and $1,000,000 for the Depart-
ment of Health: Provided further, That $49,867,000, to re-
main available until expended, shall be deposited in the
Medicaid and Special Education Reform Fund for the pur-
pose of ensuring there are adequate resources available to
support Medicaid costs and revenue shortfalls: Provided fur-
ther, That $27,959,000, to remain available until expended,
shall be available solely for District of Columbia employees’
disability compensation: Provided further, That $7,000,000,
to remain available until expended, shall be deposited in
the Addiction Recovery Fund, established pursuant to sec-
244
HJ 2 PP
tion 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 exclusively for the purpose of the Drug
Treatment Choice Program, established pursuant to section
4 of the Choice in Drug Treatment Act of 2000 (D.C. Law
13–146; D.C. Official Code, sec. 7–3003): Provided further,
That no less than $2,000,000 shall be available exclusively
for the purpose of funding the pilot substance abuse pro-
gram for youths 16 through 21 years of age established by
section 4212 of the Pilot Substance Abuse Program for
Youth Act of 2001, effective October 3, 2001 (D.C. Law 14–
28; D.C. Official Code, sec. 7–3101): Provided further, That
$7,309,000 of this appropriation, to remain available until
expended, shall be deposited in the Interim Disability As-
sistance Fund to be used exclusively for the Interim Dis-
ability Assistance program established by section 201 of the
District of Columbia Public Assistance Act of 1982, effective
April 6, 1982 (D.C. Law 4–101; D.C. Official Code, sec.
4–202.01), and the purposes for that program set forth in
section 407 of the District of Columbia Public Assistance
Act of 1982, effective April 3, 2001 (D.C. Law 13–252; D.C.
Official Code, sec. 4–204.07): Provided further, That no less
than $500,000 shall be available exclusively for the Mobile
Crisis Intervention Program for Kids: Provided further,
That the paragraph under the heading ‘‘Human Support
245
HJ 2 PP
Services’’ in Public Law 107–96, approved December 21,
2001, is amended to add the following: ‘‘: Provided further,
That $2,468,000 shall remain available until expended for
Interim Disability Assistance’’: Provided further, That
$4,000,000, from funds previously appropriated in this Act
as a Federal Payment for Family Literacy, shall be used
for the Family Literacy Program in the District of Colum-
bia.
PUBLIC WORKS
Public works, including rental of one passenger-car-
rying vehicle for use by the Mayor and three passenger-car-
rying vehicles for use by the Council of the District of Co-
lumbia 
and 
leasing 
of 
passenger-carrying 
vehicles,
$324,828,000 (including $309,834,000 from local funds,
$4,669,000 from Federal funds, and $10,325,000 from other
funds): Provided, That this appropriation shall not be
available for collecting ashes or miscellaneous refuse from
hotels and places of business.
WORKFORCE INVESTMENTS
For workforce investments, $54,186,000 from local
funds, to be transferred by the Mayor of the District of Co-
lumbia within the various appropriation headings in this
Act for which employees are properly payable.
246
HJ 2 PP
RESERVE
For replacement of funds expended, if any, during fis-
cal year 2002 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,
$70,000,000 from local funds.
EMERGENCY AND CONTINGENCY RESERVE FUNDS
For the Emergency and Contingency Reserve Funds
established under section 450A(b) of the District of Colum-
bia Home Rule Act (Public Law 93–198; D.C. Official
Code, sec. 1–204.50a(b)), the Mayor may deposit from local
funds the proceeds required to maintain balance require-
ments pursuant to section 159(a) of Public Law 106–522
and section 404(c) of Public Law 106–554.
REPAYMENT OF LOANS AND INTEREST
For payment of principal, interest, and certain fees
directly resulting from borrowing by the District of Colum-
bia to fund District of Columbia capital projects as author-
ized by sections 462, 475, and 490 of the District of Colum-
bia Home Rule Act (Public Law 93–198; D.C. Official
Code, secs. 1–204.62, 1–204.75, 1–204.90), $267,451,000
from local funds: Provided, 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
247
HJ 2 PP
being financed on a lease purchase basis with a maturity
not to exceed 5 years.
REPAYMENT OF GENERAL FUND RECOVERY DEBT
For the purpose of eliminating the $331,589,000 gen-
eral fund accumulated deficit as of September 30, 1990,
$39,300,000 from local funds, as authorized by section
461(a) of the District of Columbia Home Rule Act, (105
Stat. 540; D.C. Official Code, sec. 1–204.61(a)).
PAYMENT OF INTEREST ON SHORT-TERM BORROWING
For payment of interest on short-term borrowing,
$1,000,000 from local funds.
WILSON BUILDING
For expenses associated with the John A. Wilson
Building, $4,194,000 from local funds.
NON-DEPARTMENTAL AGENCY
To account for anticipated costs that cannot be allo-
cated to specific agencies during the development of the pro-
posed budget including anticipated employee health insur-
ance cost increases and contract security costs, $5,799,000
from local funds.
CERTIFICATES OF PARTICIPATION
For principal and interest payments on the District’s
Certificates of Participation, issued to finance the ground
lease underlying the building located at One Judiciary
Square $7,950,000 from local funds.
248
HJ 2 PP
SETTLEMENTS AND JUDGMENTS
For making refunds and for the payment of legal set-
tlements or judgments that have been entered against the
District of Columbia government $22,822,000: Provided,
That this appropriation shall not be construed as modifying
or affecting the provisions of section 103 of this Act.
TOBACCO SETTLEMENT TRUST FUND TRANSFER PAYMENT
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 Amendment Act
of 2000, effective October 20, 1999 (D.C. Law 13–38; D.C.
Official Code sec. 7–1811.01 et. seq), there is transferred the
amount available pursuant thereto, but not to exceed
$50,867,000 to the Tobacco Settlement Trust Fund estab-
lished pursuant to section 2302 of the Tobacco Settlement
Trust Fund Establishment Act of 1999 (D.C. Official Code,
sec. 7–1811.01) and the Tobacco Settlement Financing Act
of 2000, effective October 19, 2000 (D.C. Law 13–172; D.C.
Official Code, sec. 7–1831.03 et seq.): Provided, That no
more than $27,000,000 is authorized to be transferred to
the Public Education System: Provided further, That no
more than $23,867,000 is authorized to be transferred to
Human 
Support 
Services: 
Provided 
further, 
that
249
HJ 2 PP
$50,867,000 shall remain available until expended: Pro-
vided further, That such transfers are subject to local law.
EMERGENCY PREPAREDNESS
For necessary expenses, as determined by the Mayor
of the District of Columbia in written consultation with the
elected county or city officials of surrounding jurisdictions,
$15,000,000, from funds appropriated earlier in this Act
as a Federal Payment, to remain available until expended,
to reimburse the District of Columbia for the costs of public
safety expenses related to security events in the District of
Columbia and for the costs of providing support to respond
to immediate and specific terrorist threats or attacks in the
District of Columbia or surrounding jurisdictions: Pro-
vided, That the Chief Financial Officer of the District of
Columbia shall provide a report, within 15 days of an ex-
penditure, to the President and to the Committees on Ap-
propriations of the Senate and the House of Representa-
tives, detailing any expenditure of these funds for public
safety purposes.
PAY-AS-YOU-GO CAPITAL
For Pay-As-You-Go Capital funds in lieu of capital
financing, $16,750,000, to be transferred to the Capital
Fund, subject to the ‘‘Criteria for Spending Pay-as-You-Go
Funding Amendment Act of 2002, approved by the Council
of the District of Columbia on 1st reading, May 7, 2002
250
HJ 2 PP
(Title 34 of Bill 14–609). Pursuant to that Act, there are
authorized to be transferred from Pay-As-You-Go Capital
funds to other headings of this Act, as necessary to carry
out the purposes of that Act.
CAPITAL INFRASTRUCTURE DEVELOPMENT
For improvement of city-wide capital infrastructure in
the District of Columbia, $13,100,000, from funds appro-
priated earlier in this Act as a Federal payment, of which
$10,000,000 shall be for construction of interoperable com-
munications infrastructure in the Unified Communications
Center; $100,000 shall be for capital improvements of East-
ern Market; $3,000,000 shall be to begin the design and con-
struction of a state-of-the-art forensics laboratory.
ADMINISTRATIVE PROVISIONS
SEC. 12. CHARTER SCHOOL FUND TRANSFER. Not-
withstanding any other provision of law, $5,000,000 from
the New Charter School Fund (renamed by this Act, ‘‘Char-
ter School Fund’’), established pursuant to the School Re-
form Act of 1995 (Public Law 105–100, sec. 172; 111 Stat.
2191, 2192, 2193; D.C. Official Code, sec. 38–1804.03(b)),
shall be deposited, not later than January 1, 2003, into the
credit enhancement revolving fund, established pursuant to
the Student Loan Marketing Association Reorganization
Act of 1996 (Public Law 104–208; 110 Stat. 3009–293, as
251
HJ 2 PP
amended by Public Law 107–96, Fiscal Year 2002 District
of Columbia Appropriations Act).
SEC. 13. REPROGRAMMING DURING FISCAL YEAR
THAT IS NOT A CONTROL YEAR. Section 47–363(a–1) of the
District of Columbia Official Code is amended by adding
new paragraphs (3), (4), and (5) to read as follows:
‘‘(3)(A) After the adoption of the annual budget
for a fiscal year that is not a control year, no re-
programming of amounts in the budget may occur
unless:
‘‘(i) The Mayor submits a request for such
reprogramming to the Chief Financial Officer of
the District of Columbia;
‘‘(ii) The Chief Financial Officer transmits
to the Council a statement certifying the avail-
ability of the funds for such reprogramming and
containing an analysis of the effect of the pro-
posed reprogramming on the financial plan and
budget for the fiscal year; and
‘‘(iii) The Council approves the request after
receiving the statement described in sub-subpara-
graph (ii) of this subparagraph from the Chief
Financial Officer.
‘‘(B) If the Chief Financial Officer does not
transmit to the Council the statement described in
252
HJ 2 PP
subparagraph (A)(ii) of this paragraph during the
15-day period, which begins on the date the Chief Fi-
nancial Officer receives the request for reprogram-
ming from the Mayor, the Chief Financial Officer
shall be deemed to have transmitted the statement to
the Council. With written notice to the Mayor and
Council, the Chief Financial Officer may extend the
time period to transmit the statement and analysis to
the Council, not to exceed 10 additional days.
‘‘(4) After the adoption of the annual budget for
a fiscal year that is a non-control year, no re-
programming of amounts in the budget may occur
unless the Mayor submits to the Council a request for
such reprogramming and the Council approves the re-
quest, but only if any additional expenditures pro-
vided under such request for an activity are offset by
reductions in expenditures for another activity.
‘‘(5) For the purposes of this subsection, the term
control year has the meaning given such term in sec-
tion 305(4) of the District of Columbia Financial Re-
sponsibility and Management Assistance Act of 1995,
approved April 17, 1995 (109 Stat. 152; D.C. Official
Code, sec. 47–393(4)).’’.
SEC. 14. COLLECTIVE BARGAINING REPRESENTATION.
From the funds appropriated under this act, any agency
253
HJ 2 PP
of the District government may transfer to the Office of
Labor Relations and Collective Bargaining (OLRCB) such
amounts as may be necessary to pay for representation by
OLRCB in third-party cases, grievances, and dispute reso-
lution, pursuant to an intra-District agreement with
OLRCB. These amounts shall be available for use by
OLRCB to reimburse the cost of providing the representa-
tion.
ENTERPRISE AND OTHER FUNDS
WATER AND SEWER AUTHORITY
For operation of the Water and Sewer Authority,
$253,743,000 from other funds of which $18,093,000 shall
be apportioned for repayment to the District’s debt service
fund for repayment of loans and interest incurred on cap-
ital improvement projects.
For construction projects, $342,458,000, in the fol-
lowing capital programs: $213,669,000 for the Blue Plains
Wastewater Treatment Plant, $24,539,000 for the sewer
program, $56,561,000 for the combined sewer program, of
which $50,000,000 is from funds appropriated earlier in
this Act as a Federal Payment for Anacostia Waterfront
Initiative, $5,635,000 for the stormwater program,
$34,054,000 for the water program, $8,000,000 for the cap-
ital equipment program: Provided, That the requirements
and restrictions that are applicable to general fund capital
254
HJ 2 PP
improvements projects and set forth in this Act under the
Capital Outlay appropriation account shall apply to
projects approved under this appropriation account.
WASHINGTON AQUEDUCT
For 
operation 
of 
the 
Washington 
Aqueduct,
$57,847,000 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 Appropria-
tion Act, 1982 (95 Stat. 1174, 1175; Public Law 97–91),
for the purpose of implementing the Law to Legalize Lot-
teries, 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.), $232,881,000: Provided, That the District of
Columbia shall identify the source of funding for this ap-
propriation 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.
255
HJ 2 PP
SPORTS AND ENTERTAINMENT COMMISSION
For the Sports and Entertainment Commission,
$20,510,000, of which $15,510,000 is from other funds and
$5,000,000 is from funds appropriated earlier in this Act
as a Federal Payment for Anacostia Waterfront Initiative.
DISTRICT OF COLUMBIA RETIREMENT BOARD
For the District of Columbia Retirement Board, estab-
lished 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 re-
tirement funds to pay legal, management, investment, and
other fees and administrative expenses of the District of Co-
lumbia 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.
256
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WASHINGTON CONVENTION CENTER ENTERPRISE FUND
For the Washington Convention Center Enterprise
Fund, $78,700,000 from other funds.
NATIONAL CAPITAL REVITALIZATION CORPORATION
For the National Capital Revitalization Corporation,
$6,745,000 from other funds.
CAPITAL OUTLAY
(INCLUDING RESCISSIONS)
For 
construction 
projects, 
an 
increase 
of
$1,235,518,908 of which $253,991,128 shall be from a re-
scission from local funds appropriated under this heading
in prior fiscal years, for a net amount of $981,527,780 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 Manage-
ment System: Provided further, That all funds provided by
this appropriation title shall be available only for the spe-
cific projects and purposes intended: Provided further, That
the District of Columbia Public Libraries shall allocate cap-
ital funds, from existing resources, in fiscal year 2003 for
the planning and design of a new Francis Gregory Public
Library.
257
HJ 2 PP
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 organi-
zations 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 nec-
essary for making refunds and for the payment of legal set-
tlements 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)).
258
HJ 2 PP
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 edu-
cational institutions, the compensation of personnel, or for
other educational purposes may be used to permit, encour-
age, facilitate, or further partisan political activities. Noth-
ing herein is intended to prohibit the availability of school
buildings for the use of any community or partisan polit-
ical 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 Com-
mittee on Governmental Affairs, and the Council of the Dis-
trict 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 in-
cluding boycott designed to support or defeat legislation
pending before Congress or any State legislature.
259
HJ 2 PP
(b) The District of Columbia may use local funds pro-
vided 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 vot-
ing representation in Congress for the District of Co-
lumbia.
(c) Nothing in this section may be construed to pro-
hibit 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 rea-
sonable 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 com-
pared 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 ob-
ligation or expenditure in fiscal year 2003, 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 ex-
penditure for an agency through a reprogramming of funds
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which: (1) creates new programs; (2) eliminates a program,
project, or responsibility center; (3) establishes or changes
allocations specifically denied, limited or increased by Con-
gress 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,
whichever is less; or (7) increases by 20 percent or more
personnel assigned to a specific program, project or respon-
sibility 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 appropria-
tion heading to another unless the Committees on Appro-
priations of the Senate and House of Representatives are
notified in writing 30 days in advance of the transfer, ex-
cept that in no event may the amount of any funds trans-
ferred exceed four percent of the local funds in the appro-
priation.
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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. 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 pur-
suant 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 com-
pensation of District of Columbia employees: Provided,
That for pay purposes, employees of the District of Colum-
bia government shall not be subject to the provisions of title
5, United States Code.
SEC. 112. No later than 30 days after the end of the
first quarter of the fiscal year ending September 30, 2003,
the Mayor of the District of Columbia shall submit to the
Council of the District of Columbia the new fiscal year 2003
revenue estimates as of the end of the first quarter of fiscal
year 2003. These estimates shall be used in the budget re-
quest for the fiscal year ending September 30, 2004. The
officially revised estimates at midyear shall be used for the
midyear report.
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SEC. 113. No sole source contract with the District of
Columbia government or any agency thereof may be re-
newed 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. 2–303.03), 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 determina-
tion 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 Co-
lumbia 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
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appropriation accounts in this Act that are not specifically
exempted from sequestration by such Act.
(b) For purposes of the Balanced Budget and Emer-
gency 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 ac-
count 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: Pro-
vided, 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. (a) IN GENERAL.—(1) An entity of the Dis-
trict of Columbia government may accept and use a gift
or donation during fiscal year 2003 and any subsequent
fiscal year if—
(A) the Mayor approves the acceptance and use
of the gift or donation (except as provided in para-
graph (2)); and
(B) the entity uses the gift or donation to carry
out its authorized functions or duties.
(2) The Council of the District of Columbia and the
District of Columbia courts may accept and use gifts with-
out prior approval by the Mayor.
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(b) 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 in-
spection.
(c) For the purposes of this section, the term ‘‘entity
of the District of Columbia government’’ includes an inde-
pendent agency of the District of Columbia.
(d) This section shall not apply to the District of Co-
lumbia 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 of-
fices of United States Senator or United States Representa-
tive under section 4(d) of the District of Columbia State-
hood 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.
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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 im-
plement or enforce any system of registration of unmarried,
cohabiting couples, including but not limited to registration
for the purpose of extending employment, health, or govern-
mental benefits to such couples on the same basis that such
benefits are extended to legally married couples.
SEC. 119. (a) Notwithstanding any other provision of
this Act, the Mayor, in consultation with the Chief Finan-
cial Officer may accept, obligate, and expend Federal, pri-
vate, and other grants received by the District government
that are not reflected in the amounts appropriated in this
Act.
(b) 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 re-
ceipt of the report submitted under paragraph (1) has
reviewed and approved the acceptance, obligation,
and expenditure of such grant.
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(c) 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) or in anticipation of the approval or re-
ceipt of a Federal, private, or other grant not subject to
this subsection.
(d) The Chief Financial Officer of the District of Co-
lumbia shall prepare a quarterly report setting forth de-
tailed information regarding all Federal, private, and other
grants subject to this section. Each such report shall be sub-
mitted to the Council of the District of Columbia, and to
the Committees on Appropriations of the House of Rep-
resentatives and the Senate, not later than 15 days after
the end of the quarter covered by the report.
SEC. 120. (a) Except as otherwise provided in this sec-
tion, none of the funds made available by this Act or by
any other Act may be used to provide any officer or em-
ployee 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 resi-
dence and workplace, except in the case of—
(1) in the case of an officer or employee of the
Metropolitan Police Department who resides in the
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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) The Chief Financial Officer of the District of Co-
lumbia shall submit, by February 15, 2003, an inventory,
as of September 30, 2002, of all vehicles owned, leased or
operated by the District of Columbia government. The in-
ventory 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; cur-
rent 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 Dis-
trict but excluding the Office of the Chief Technology Offi-
cer, the Chief Financial Officer of the District of Columbia,
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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 gov-
ernment 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 procure-
ment of the goods and services involved under the Federal
supply schedule and other applicable regulations and proce-
dures 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 re-
quire special education services; and
(2) if a student is classified as having a dis-
ability, as defined in section 101(a)(1) of the Individ-
uals with Disabilities Education Act (84 Stat. 175;
20 U.S.C. 1401(a)(1)) or in section 7(8) of the Reha-
bilitation Act of 1973 (87 Stat. 359; 29 U.S.C.
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706(8)), the Board and DCPS shall place that student
in an appropriate program of special education serv-
ices.
SEC. 122. (a) 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).
(b)(1) 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 Amer-
ican-made equipment and products to the greatest extent
practicable.
(2) 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) If it has been finally determined by a court or Fed-
eral agency that any person intentionally affixed a label
bearing a ‘‘Made in America’’ inscription, or any inscrip-
tion 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,
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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 2003
unless—
(1) the audit is conducted by the Inspector Gen-
eral of the District of Columbia, in coordination with
the Chief Financial Officer of the District of Colum-
bia, 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 state-
ment 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 clas-
sifications contained in the law making the appro-
priations 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
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which seeks to require Congress to provide for voting rep-
resentation in Congress for the District of Columbia.
SEC. 125. (a) None of the Federal funds contained in
this Act may be used for any program of distributing sterile
needles or syringes for the hypodermic injection of any 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 independent agen-
cy 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 re-
strictions 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 ei-
ther in the Act or in any of the reports accompanying the
Act and the deadline by which each report must be sub-
mitted, and the District’s Chief Financial Officer shall pro-
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vide 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 regula-
tion to legalize or otherwise reduce penalties associated with
the possession, use, or distribution of any schedule I sub-
stance 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 Novem-
ber 3, 1998, shall not take effect.
SEC. 128. Nothing in this Act may be construed to pre-
vent the Council or Mayor of the District of Columbia from
addressing the issue of the provision of contraceptive cov-
erage by health insurance plans, but it is the intent of Con-
gress that any legislation enacted on such issue should in-
clude a ‘‘conscience clause’’ which provides exceptions for
religious beliefs and moral convictions.
SEC. 129. (a) 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
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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 expira-
tion of such 45-day period and which ends on the day the
Court makes the payment.
(b) A payment described in this subsection is—
(1) a payment authorized under section 11–2604
and section 11–2605, D.C. Code (relating to represen-
tation provided under the District of Columbia
Criminal Justice Act);
(2) a payment for counsel appointed in pro-
ceedings 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 sec-
tion 21–2060, D.C. Code (relating to representation
provided under the District of Columbia Guardian-
ship, Protective Proceedings, and Durable Power of
Attorney Act of 1986).
(c) The chief judges of the Superior Court of the Dis-
trict of Columbia and the District of Columbia Court of
Appeals shall establish standards and criteria for deter-
mining whether vouchers submitted for claims for payments
described in subsection (b) are complete, and shall publish
274
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and make such standards and criteria available to attor-
neys who practice before such Courts.
(d) 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) This section shall apply with respect to claims re-
ceived by the Superior Court of the District of Columbia
or the District of Columbia Court of Appeals during fiscal
year 2003, claims received previously that remained unpaid
at the end of fiscal year 2002, which would have qualified
for interest payment under this section, and to claims in
any subsequent fiscal year.
SEC. 130. The Mayor of the District of Columbia shall
submit to the Senate and House Committees on Appropria-
tions, the Senate Governmental Affairs Committee, and the
House Government Reform Committee quarterly reports ad-
dressing the following issues—
(1) crime, including the homicide rate, imple-
mentation of community policing, the number of po-
lice 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;
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(3) management of parolees and pre-trial violent
offenders, including the number of halfway house es-
capes and steps taken to improve monitoring and su-
pervision 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 edu-
cation services and student achievement to be pro-
vided in consultation with the District of Columbia
Public Schools;
(5) improvement in basic District services, in-
cluding 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. 131. Nothing in this Act bars the District of Co-
lumbia Corporation Counsel from reviewing or commenting
on briefs in private lawsuits, or from consulting with offi-
cials of the District government regarding such lawsuits.
SEC. 132. No later than 30 calendar days after the
date of the enactment of this Act, the Chief Financial Offi-
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cer of the District of Columbia shall submit to the appro-
priate committees of Congress, the Mayor, and the Council
a revised appropriated funds operating budget in the for-
mat of the budget that the District of Columbia government
submitted pursuant to section 442 of the District of Colum-
bia Home Rule Act (Public Law 93–198; D.C. Official
Code, sec. 1–204.42), for all agencies of the District of Co-
lumbia 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-per-
sonal-services, respectively, with anticipated actual expend-
itures.
SEC. 133. In addition to any other authority to pay
claims and judgments, any department, agency, or instru-
mentality of the District government may pay the settle-
ment 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, effec-
tive October 19, 2000 (D.C. Law 13–172; D.C. Official
Code, sec. 2–402).
SEC. 134. 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 relat-
ing to docket numbers 93–030–(PA) and 93–031–(PA).
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SEC. 135. None of the funds contained in this Act may
be made available to pay—
(1) the fees of an attorney who represents a
party in an action or an attorney who defends any
action, including an administrative proceeding,
brought against the District of Columbia Public
Schools under the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1400 et seq.) in excess of $4,000
for that action; or
(2) the fees of an attorney or firm whom the
Chief Financial Officer of the District of Columbia
determines to have a pecuniary interest, either
through an attorney, officer or employee of the firm,
in any special education diagnostic services, schools,
or other special education service providers.
This division may be cited as the ‘‘District of Colum-
bia Appropriations Act, 2003’’.
DIVISION D—ENERGY AND WATER
DEVELOPMENT APPROPRIATIONS, 2003
Making appropriations for energy and water development
for the fiscal year ending September 30, 2003, and for
other purposes.
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
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fiscal year ending September 30, 2003, for energy and
water development, and for other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
The following appropriations shall be expended under
the direction of the Secretary of the Army and the super-
vision of the Chief of Engineers for authorized civil func-
tions of the Department of the Army pertaining to rivers
and harbors, flood control, shore protection, and related
purposes.
GENERAL INVESTIGATIONS
For expenses necessary for the collection and study of
basic information pertaining to river and harbor, flood con-
trol, shore protection, and related projects, restudy of au-
thorized projects, miscellaneous investigations, and, when
authorized by laws, surveys and detailed studies and plans
and specifications of projects prior to construction,
$148,304,000, to remain available until expended.
CONSTRUCTION, GENERAL
For the prosecution of river and harbor, flood control,
shore protection, and related projects authorized by laws;
and detailed studies, and plans and specifications, of
projects (including those for development with participation
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or under consideration for participation by States, local
governments, or private groups) authorized or made eligible
for selection by law (but such studies shall not constitute
a commitment of the Government to construction),
$1,636,602,000, to remain available until expended, of
which such sums as are necessary for the Federal share of
construction costs for facilities under the Dredged Material
Disposal Facilities program shall be derived from the Har-
bor Maintenance Trust Fund, as authorized by Public Law
104–303; and of which such sums as are necessary pursuant
to Public Law 99–662 shall be derived from the Inland Wa-
terways Trust Fund, for one-half of the costs of construction
and rehabilitation of inland waterways projects, including
rehabilitation costs for the Lock and Dam 11, Mississippi
River, Iowa; Lock and Dam 12, Mississippi River, Iowa;
Lock and Dam 24, Mississippi River, Illinois and Missouri;
Lock and Dam 3, Mississippi River, Minnesota; and Lon-
don Locks and Dam, Kanawha River, West Virginia,
projects; and of which $500,000 may be available for dis-
persal barriers in the Chicago Ship and Sanitary Canal,
Illinois: Provided, That using $2,000,000 of the funds pro-
vided herein, the Secretary of the Army, acting through the
Chief of Engineers, is directed to conduct, at full Federal
expense, technical studies of individual ditch systems iden-
tified by the State of Hawaii, and to assist the State in
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diversification by helping to define the cost of repairing and
maintaining selected ditch systems: Provided further, That
the Secretary of the Army, acting through the Chief of Engi-
neers, is directed to use $2,000,000 of the funds appro-
priated herein to continue construction of the navigation
project at Kaumalapau Harbor, Hawaii: Provided further,
That the Secretary of the Army is directed to use $5,000,000
of the funds provided herein for Dam safety and Seepage/
Stability Correction Program to continue construction of
seepage control features at Waterbury Dam, Vermont: Pro-
vided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to use
$11,400,000 of the funds appropriated herein to proceed
with planning, engineering, design or construction of the
Grundy, Buchanan County, and Dickenson County, Vir-
ginia elements of the Levisa and Tug Forks of the Big
Sandy River and Upper Cumberland River Project: Pro-
vided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to use $5,500,000
of the funds appropriated herein to proceed with the plan-
ning, engineering, design or construction of the Lower
Mingo County, Upper Mingo County, Wayne County,
McDowell County, West Virginia elements of the Levisa and
Tug Forks of the Big Sandy River and Upper Cumberland
River Project: Provided further, That the Secretary of the
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Army, acting through the Chief of Engineers, is directed
to continue the Dickenson County Detailed Project Report
as generally defined in Plan 4 of the Huntington District
Engineer’s Draft Supplement to the Section 202 General
Plan for Flood Damage Reduction dated April 1997, in-
cluding all Russell Fork tributary streams within the Coun-
ty and special considerations as may be appropriate to ad-
dress the unique relocations and resettlement needs for the
flood prone communities within the County: Provided fur-
ther, That the Assistant Secretary of the Army, acting
through the Chief of Engineers is directed to proceed with
the construction of the Dallas Floodway Extension, Texas,
in accordance with the Chief of Engineers report dated De-
cember 7, 1999: Provided further, That the Assistant Sec-
retary of the Army, acting through the Chief of Engineers
is directed to proceed with the construction of the Seward
Harbor, Alaska project, in accordance with the Report of
the Chief of Engineers dated June 8, 1999 and the economic
justification contained therein: Provided further, That the
Assistant Secretary of the Army, acting through the Chief
of Engineers is directed to proceed with the construction
of the Wrangell Harbor, Alaska project in accordance with
the Chief of Engineer’s report dated December 23, 1999:
Provided further, That, of the funds provided herein,
$3,000,000 shall be made available for the Galena Bank
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Stabilization Project in Galena, Alaska: Provided further,
That the Secretary of the Army, acting through the Chief
of Engineers, is authorized and directed to use $5,000,000
of Construction, General funding as provided herein for
construction of an emergency outlet from Devils Lake, North
Dakota, to the Sheyenne River, at an estimated total cost
of $100,000,000, which shall be cost-shared in accordance
with section 103 of the Water Resources Development Act
of 1986, as amended (33 U.S.C. 2213), except that the funds
shall not become available unless the Secretary of the Army
determines that an emergency (as defined in section 102
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122)) exists with respect to the
emergency need for the outlet and reports to Congress that
the construction is technically sound and environmentally
acceptable, and in compliance with the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.): Pro-
vided further, That the justification for the emergency outlet
shall be fully described, including the analysis of the bene-
fits and costs, in the project plan documents: Provided fur-
ther, That the plans for the emergency outlet shall be re-
viewed and, to be effective, shall contain assurances pro-
vided by the Secretary of State, that the project will not
violate the Treaty Between the United States and Great
Britain Relating to the Boundary Waters Between the
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United States and Canada, signed at Washington, January
11, 1909 (36 Stat. 2448; TS 548) (commonly known as the
‘‘Boundary Waters Treaty of 1909’’): Provided further,
That the Secretary of the Army shall submit the final plans
and other documents for the emergency outlet to Congress:
Provided further, That no funds made available under this
Act or any other Act for any fiscal year may be used by
the Secretary of the Army to carry out the portion of the
feasibility study of the Devils Lake Basin, North Dakota,
authorized under the Energy and Water Development Ap-
propriations Act, 1993 (Public Law 102–377), that address-
es the needs of the area for stabilized lake levels through
inlet controls, or to otherwise study any facility or carry
out any activity that would permit the transfer of water
from the Missouri River Basin into Devils Lake.
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES,
ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MIS-
SISSIPPI, MISSOURI, AND TENNESSEE
For expenses necessary for prosecuting work of flood
control, rescue work, repair, restoration, or maintenance of
flood control projects threatened or destroyed by flood, as
authorized by law (33 U.S.C. 702a and 702g–1),
$346,437,000, to remain available until expended: Pro-
vided, That the Secretary of the Army, acting through the
Chief of Engineers, using $15,000,000 of the funds provided
herein, is directed to continue design and real estate activi-
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ties and to initiate the pump supply contract for the Yazoo
Basin, Yazoo Backwater Pumping Plant, Mississippi: Pro-
vided further, That the pump supply contract shall be per-
formed by awarding continuing contracts in accordance
with 33 U.S.C. § 621.
OPERATION AND MAINTENANCE, GENERAL
For expenses necessary for the protection, preservation,
operation, maintenance, and care of existing river and har-
bor, flood control, and related works, including such sums
as may be necessary for the maintenance of harbor channels
provided by a State, municipality or other public agency,
outside of harbor lines, and serving essential needs of gen-
eral commerce and navigation; surveys and charting of
northern and northwestern lakes and connecting waters;
clearing and straightening channels; and removal of ob-
structions to navigation, $1,956,182,000, to remain avail-
able until expended, of which such sums as become available
in the Harbor Maintenance Trust Fund, pursuant to Public
Law 99–662, may be derived from that Fund, and of which
such sums as become available from the special account es-
tablished by the Land and Water Conservation Act of 1965,
as amended (16 U.S.C. 460l), may be derived from that
account for construction, operation, and maintenance of
outdoor recreation facilities: Provided, That of funds appro-
priated herein, for the Intracoastal Waterway, Delaware
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River to Chesapeake Bay, Delaware and Maryland, the Sec-
retary of the Army, acting through the Chief of Engineers,
is directed to reimburse the State of Delaware for normal
operation and maintenance costs incurred by the State of
Delaware for the SR1 Bridge from station 58∂00 to sta-
tion 293∂00 between May 12, 1997 and September 30,
2002.
REGULATORY PROGRAM
For expenses necessary for administration of laws per-
taining to regulation of navigable waters and wetlands,
$144,252,000, to remain available until expended.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
For expenses necessary to clean up contamination
from sites throughout the United States resulting from work
performed as part of the Nation’s early atomic energy pro-
gram, $140,298,000, to remain available until expended.
FLOOD CONTROL AND COASTAL EMERGENCIES
For expenses necessary for emergency flood control,
hurricane response, and emergency shore protection, and re-
lated activities, $20,227,000, to remain available until ex-
pended.
GENERAL EXPENSES
For expenses necessary for general administration and
related functions in the Office of the Chief of Engineers and
offices of the Division Engineers; activities of the Hum-
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phreys Engineer Center Support Activity, the Institute for
Water Resources, and headquarters support functions at the
USACE Finance Center, $155,651,000, to remain available
until expended: Provided, That no part of any other appro-
priation provided in title I of this Act shall be available
to fund the activities of the Office of the Chief of Engineers
or the executive direction and management activities of the
division offices: Provided further, That none of these funds
shall be available to support an Office of Congressional Af-
fairs within the Executive Office of the Chief of Engineers.
ADMINISTRATIVE PROVISIONS
Appropriations in this title shall be available for offi-
cial reception and representation expenses (not to exceed
$5,000); and during the current fiscal year the Revolving
Fund, Corps of Engineers, shall be available for purchase
(not to exceed 100 for replacement only) and hire of pas-
senger motor vehicles.
GENERAL PROVISIONS
CORPS OF ENGINEERS—CIVIL
SEC. 101. Agreements proposed for execution by the As-
sistant Secretary of the Army for Civil Works or the United
States Army Corps of Engineers after the date of the enact-
ment of this Act pursuant to section 4 of the Rivers and
Harbor Act of 1915, Public Law 64–291; section 11 of the
River and Harbor Act of 1925, Public Law 68–585; the
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Civil Functions Appropriations Act, 1936, Public Law 75–
208; section 215 of the Flood Control Act of 1968, as amend-
ed, Public Law 90–483; sections 104, 203, and 204 of the
Water Resources Development Act of 1986, as amended
(Public Law 99–662); section 206 of the Water Resources
Development Act of 1992, as amended, Public Law 102–
580; section 211 of the Water Resources Development Act
of 1996, Public Law 104–303, and any other specific project
authority, shall be limited to credits and reimbursements
per project not to exceed $10,000,000 in each fiscal year,
and total credits and reimbursements for all applicable
projects not to exceed $50,000,000 in each fiscal year.
SEC. 102. ST. GEORGES BRIDGE, DELAWARE. None of
the funds made available in this Act may be used to carry
out any activity relating to closure or removal of the St.
Georges Bridge across the Intracoastal Waterway, Delaware
River to Chesapeake Bay, Delaware and Maryland, includ-
ing a hearing or any other activity relating to preparation
of an environmental impact statement concerning the clo-
sure or removal.
SEC. 103. Section 595(h)(1) of Public Law 106–53 is
amended by striking ‘‘$25,000,000’’ and inserting in lieu
thereof ‘‘$100,000,000’’.
SEC. 104. The Secretary of the Army, acting through
the Chief of Engineers is directed to increase the use of the
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private sector in performing planning, engineering and de-
sign work for Corps’ projects to 40 percent of the planning,
engineering and design work conducted by the Corps.
SEC. 105. ST. PAUL ISLAND HARBOR, ST. PAUL,
ALASKA TECHNICAL CORRECTIONS. Section 101(b)(3) of
Public Law 104–303 (the Water Resources Development Act
of 1996), (110 Stat. 3667) is amended by—
(1) striking ‘‘$18,981,000’’ and inserting in lieu
thereof ‘‘$52,300,000’’; and
(2) striking ‘‘$12,239,000’’ and inserting in lieu
thereof ‘‘$45,558,000’’.
SEC. 106. ABIQUIU DAM, NEW MEXICO. Section 1112
of Public Law 99–662 (the Water Resources Development
Act of 1986), (100 Stat. 4232) is amended by striking
‘‘$2,700,000’’ and inserting in lieu thereof ‘‘$10,000,000’’.
SEC. 107. The project for flood control, Las Vegas Wash
and Tributaries (Flamingo and Tropicana Washes), Ne-
vada, authorized by section 101(13) of Public Law 102–
580 [106 Stat. 4803] is modified to include as a part of
the project channel crossings that are necessary for those
existing and proposed highways and roads shown on the
Clark County Comprehensive Plan Transportation Ele-
ment, approved by the Clark County Board of County Com-
missioners on October 1, 1996. The performance of work
required for construction of such channel crossings and the
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costs incurred in performing such work shall be considered
part of the non-Federal sponsor’s responsibility to provide
lands, easements, and rights-of-way, and to perform reloca-
tions for the project. Costs incurred in performing such
work may not exceed $16,000,000.
SEC. 108. The Secretary of the Army may expend
funds under normal competitive procedures for necessary
maintenance of the dredge McFARLAND. The Secretary
shall not obligate any funds to place the dredge in ready
reserve status.
SEC. 109. ATLANTIC
INTRACOASTAL
WATERWAY
BRIDGE REPLACEMENT AT GREAT BRIDGE, CHESAPEAKE,
VIRGINIA. The project for replacement of the bridge at Great
Bridge, Chesapeake, Virginia, authorized by Section 339(h)
of Public Law 104–59 is modified to authorize the Secretary
to construct the project at an estimated cost of $46,000,000.
SEC. 110. None of the funds appropriated herein or
hereafter in this Act, or any other Act, shall be used to study
or implement any plans privatizing, divesting or transfer-
ring of any Civil Works missions, functions, or responsibil-
ities for the U.S. Army Corps of Engineers to other govern-
ment agencies without specific direction in a subsequent Act
of Congress.
SEC. 111. The project for flood control for the Amer-
ican and Sacramento Rivers, California, authorized by Sec-
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tion 101(a)(1) of the Water Resources Development Act of
1996 (Public Law 104–303) and Section 366 of the Water
Resources Development Act of 1999, is modified to authorize
the Secretary of the Army, acting through the Chief of Engi-
neers, to construct the project at a total cost of
$205,000,000, with an estimated Federal share of
$153,840,000 and an estimated non-Federal share of
$51,160,000. For purposes of section 103 of the Water Re-
sources Development Act of 1986 (33 U.S.C. 2213), the
modifications authorized by this section shall be subject to
the same cost sharing in effect for the project authorized
by 101(a)(1) of the Water Resources Development Act of
1996.
SEC. 112. The project for flood control for Terminus
Dam, Kaweah River, California, authorized by Section
101(b)(5) of the Water Resources Development Act of 1996,
is modified to authorize the Secretary of the Army, acting
through the Chief of Engineers, to construct the project at
a total cost of $50,000,000, with an estimated Federal share
of $28,600,000 and an estimated non-Federal share of
$21,400,000.
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TITLE II
DEPARTMENT OF THE INTERIOR
CENTRAL UTAH PROJECT
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
For carrying out activities authorized by the Central
Utah Project Completion Act, $34,902,000, to remain avail-
able until expended, of which $11,259,000 shall be deposited
into the Utah Reclamation Mitigation and Conservation
Account for use by the Utah Reclamation Mitigation and
Conservation Commission.
In addition, for necessary expenses incurred in car-
rying out related responsibilities of the Secretary of the In-
terior, $1,326,000, to remain available until expended.
BUREAU OF RECLAMATION
The following appropriations shall be expended to exe-
cute authorized functions of the Bureau of Reclamation:
WATER AND RELATED RESOURCES
(INCLUDING TRANSFER OF FUNDS)
For management, development, and restoration of
water and related natural resources and for related activi-
ties, including the operation, maintenance and rehabilita-
tion of reclamation and other facilities, participation in
fulfilling related Federal responsibilities to Native Ameri-
cans, and related grants to, and cooperative and other
agreements with, State and local governments, Indian
tribes, and others, $816,147,000, to remain available until
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expended, of which $36,400,000 shall be available for trans-
fer to the Upper Colorado River Basin Fund and
$34,327,000 shall be available for transfer to the Lower Col-
orado River Basin Development Fund; of which such
amounts as may be necessary may be advanced to the Colo-
rado River Dam Fund; of which $4,600,000 shall be for on-
reservation water development, feasibility studies, and re-
lated administrative costs under Public Law 106–163; (of
which not more than 25 percent of the amount provided
for drought emergency assistance may be used for financial
assistance for the preparation of cooperative drought con-
tingency plans under title II of Public Law 102–250;) and
of which not more than $500,000 is for high priority
projects which shall be carried out by the Youth Conserva-
tion Corps, as authorized by 16 U.S.C. 1706: Provided,
That such transfers may be increased or decreased within
the overall appropriation under this heading: Provided fur-
ther, That of the total appropriated, the amount for pro-
gram activities that can be financed by the Reclamation
Fund or the Bureau of Reclamation special fee account es-
tablished by 16 U.S.C. 460l–6a(i) shall be derived from that
Fund or account: Provided further, That funds contributed
under 43 U.S.C. 395 are available until expended for the
purposes for which contributed: Provided further, That
funds advanced under 43 U.S.C. 397a shall be credited to
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this account and are available until expended for the same
purposes as the sums appropriated under this heading: Pro-
vided further, That funds available for expenditure for the
Departmental Irrigation Drainage Program may be ex-
pended by the Bureau of Reclamation for site remediation
on a non-reimbursable basis: Provided further, That section
301 of Public Law 102–250, Reclamation States Emergency
Drought Relief Act of 1991, as amended, is amended further
by inserting ‘‘2002, and 2003’’ in lieu of ‘‘and 2002’’.
CENTRAL VALLEY PROJECT RESTORATION FUND
For carrying out the programs, projects, plans, and
habitat restoration, improvement, and acquisition provi-
sions of the Central Valley Project Improvement Act,
$48,904,000, to be derived from such sums as may be col-
lected in the Central Valley Project Restoration Fund pur-
suant to sections 3407(d), 3404(c)(3), 3405(f), and
3406(c)(1) of Public Law 102–575, to remain available
until expended: Provided, That the Bureau of Reclamation
is directed to assess and collect the full amount of the addi-
tional mitigation and restoration payments authorized by
section 3407(d) of Public Law 102–575.
CALIFORNIA BAY-DELTA RESTORATION
(INCLUDING TRANSFER OF FUNDS)
For carrying out authorized activities that are in ac-
cord with the CALFED Bay-Delta Program, including ac-
tivities that would improve fish and wildlife habitat, water
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supply reliability, and water quality, consistent with plans
to be approved by the Secretary of the Interior, $0, to re-
main available until expended, of which such amounts as
may be necessary to carry out such activities may be trans-
ferred to appropriate accounts of other participating Fed-
eral agencies to carry out authorized purposes: Provided,
That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management.
POLICY AND ADMINISTRATION
For necessary expenses of policy, administration, and
related functions in the office of the Commissioner, the Den-
ver office, and offices in the five regions of the Bureau of
Reclamation, 
to 
remain 
available 
until 
expended,
$54,870,000, to be derived from the Reclamation Fund and
be nonreimbursable as provided in 43 U.S.C. 377: Provided,
That no part of any other appropriation in this Act shall
be available for activities or functions budgeted as policy
and administration expenses.
ADMINISTRATIVE PROVISION
Appropriations for the Bureau of Reclamation shall
be available for purchase of not to exceed four passenger
motor vehicles for replacement only.
GENERAL PROVISIONS
DEPARTMENT OF THE INTERIOR
SEC. 201. None of the funds appropriated or otherwise
made available by this or any other Act may be used to
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pay the salaries and expenses of personnel to purchase or
lease water in the Middle Rio Grande or the Carlsbad
Projects in New Mexico unless said purchase or lease is in
compliance with the purchase requirements of section 202
of Public Law 106–60.
SEC. 202. Funds under this title for Drought Emer-
gency Assistance shall be made available primarily for leas-
ing of water for specified drought related purposes from
willing lessors, in compliance with existing State laws and
administered under State water priority allocation. Such
leases may be entered into with an option to purchase: Pro-
vided, That such purchase is approved by the State in
which the purchase takes place and the purchase does not
cause economic harm within the State in which the pur-
chase is made.
SEC. 203. The natural desert terminal lakes program
administered by the Bureau of Reclamation shall apply
only to Walker and Pyramid Lakes in the State of Nevada.
SEC. 204. The Commissioner of the Bureau of Rec-
lamation is directed to increase the use of the private sector
in performing planning, engineering and design work for
Bureau of Reclamation’s projects to 10 percent in fiscal
year 2003, and in each subsequent year until the level of
work is at least 40 percent for the planning, engineering
and design work conducted by the Bureau of Reclamation.
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SEC. 205. NORTH CENTRAL MONTANA RURAL WATER
SUPPLY. Using previously appropriated funds, the Bureau
is directed to undertake activities related to the development
of the North Central Montana Rural Water Supply system.
Such sums shall remain available, without fiscal year limi-
tation, until expended.
SEC. 206. Section 8 of Public Law 104–298 (the Water
Desalination Act of 1996), (110 Stat. 3624) is amended fur-
ther by—
(1) in paragraph (a) by striking ‘‘2002’’ and in-
serting in lieu thereof ‘‘2004’’; and
(2) in paragraph (b) by striking ‘‘2002’’ and in-
serting in lieu thereof ‘‘2004’’.
SEC. 207. (a) None of the funds appropriated or other-
wise made available by this Act may be used to determine
the final point of discharge for the interceptor drain for
the San Luis Unit until development by the Secretary of
the Interior and the State of California of a plan, which
shall conform to the water quality standards of the State
of California as approved by the Administrator of the Envi-
ronmental Protection Agency, to minimize any detrimental
effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Pro-
gram and the costs of the San Joaquin Valley Drainage
Program shall be classified by the Secretary of the Interior
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as reimbursable or nonreimbursable and collected until fully
repaid pursuant to the ‘‘Cleanup Program—Alternative
Repayment Plan’’ and the ‘‘SJVDP—Alternative Repay-
ment Plan’’ described in the report entitled ‘‘Repayment
Report, Kesterson Reservoir Cleanup Program and San
Joaquin Valley Drainage Program, February 1995’’, pre-
pared by the Department of the Interior, Bureau of Rec-
lamation. Any future obligations of funds by the United
States relating to, or providing for, drainage service or
drainage studies for the San Luis Unit shall be fully reim-
bursable by San Luis Unit beneficiaries of such service or
studies pursuant to Federal reclamation law.
Sec. 208. HERRING CREEK-TALL TIMBERS, MARY-
LAND. (a) IN GENERAL.—Using funds made available by
this Act, the Secretary of the Army, acting through the Chief
of Engineers, may provide immediate corrective mainte-
nance to the project at Herring Creek-Tall Timbers, Mary-
land, at full Federal expense.
(b) INCLUSIONS.—The corrective maintenance de-
scribed in subsection (a), and any other maintenance per-
formed after the date of enactment of this Act with respect
to the project described in that subsection, may include re-
pair or replacement, as appropriate, of the foundation and
structures adjacent and structurally integral to the project.
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construction, the Commission shall, after reasonable notice
and in accordance with the good faith, due diligence, and
public interest requirements of that section, extend the time
period during which licensee is required to commence the
construction of the project for not more than one 2-year
time period.
SEC. 311. (a) None of the funds made available under
the accounts ‘‘non-defense environmental management’’,
‘‘uranium facilities maintenance and remediation’’, ‘‘de-
fense environmental restoration and waste management’’,
or ‘‘defense facilities closure projects’’ may be obligated at
a Department of Energy site or laboratory, or in associa-
tion with a site or laboratory, if the effect of such would
result in the Department of Energy exceeding for that site
or laboratory the comparable current-year level of funding,
or the amount of the fiscal year 2003 budget request, which-
ever is greater.
(b) The limitation of subsection (a) will not apply to
a site or laboratory after such time that the Department
has entered into a final revised clean-up agreement and a
final performance management plan for that site or labora-
tory consistent with the intent of the Department’s environ-
mental management acceleration and reform initiative.
SEC. 312. GAO STUDY ON SUBTITLE D OF THE EN-
ERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
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PROGRAM ACT. (a) STUDY.—The General Accounting Office
(in this section referred to as the ‘‘GAO’’) shall conduct a
study on the effectiveness of the benefit program under sub-
title D of the Energy Employees Occupational Illness Com-
pensation Program Act of 2000 (42 U.S.C. 7385o) in assist-
ing the Department of Energy (in this section referred to
as the ‘‘DOE’’) contractor employees in obtaining com-
pensation for occupational illness.
(b) REPORT TO CONGRESS.—Not later than 120 days
after the date of enactment of this Act, the GAO shall submit
a report to the Senate Energy and Natural Resources Com-
mittee and the House of Representative Energy and Com-
merce Committee on the results of the study conducted
under subsection (a).
SEC. 313. GAO STUDY OF CLEANUP AT THE PADUCAH
GASEOUS DIFFUSION PLANT IN PADUCAH, KENTUCKY. (a)
STUDY.—The General Accounting Office (in this section re-
ferred to as the ‘‘GAO’’) shall conduct a study of the cleanup
progress at the Paducah Gaseous Diffusion Plant in Padu-
cah, Kentucky.
(b) REPORT TO CONGRESS.—Not later than six months
after the date of enactment of this Act, the GAO shall submit
a report to the Senate Energy and Natural Resources Com-
mittee and the House of Representatives Energy and Com-