H. R. 2944—31
to provide for voting representation in Congress for the District
of Columbia.
SEC. 125. (a) None of the funds contained in this Act may
be used for any program of distributing sterile needles or syringes
for the hypodermic injection of any illegal drug.
(b) Any individual or entity who receives any funds contained
in this Act and who carries out any program described in subsection
(a) shall account for all funds used for such program separately
from any funds contained in this Act.
SEC. 126. None of the funds contained in this Act may be
used after the expiration of the 60-day period that begins on the
date of the enactment of this Act to pay the salary of any chief
financial officer of any office of the District of Columbia government
(including any independent agency of the District) who has not
filed a certification with the Mayor and the Chief Financial Officer
of the District of Columbia that the officer understands the duties
and restrictions applicable to the officer and the officer’s agency
as a result of this Act (and the amendments made by this Act),
including any duty to prepare a report requested either in the
Act or in any of the reports accompanying the Act and the deadline
by which each report must be submitted, and the District’s Chief
Financial Officer shall provide to the Committees on Appropriations
of the Senate and the House of Representatives by the 10th day
after the end of each quarter a summary list showing each report,
the due date and the date submitted to the committees.
SEC. 127. (a) None of the funds contained in this Act may
be used to enact or carry out any law, rule, or regulation to legalize
or otherwise reduce penalties associated with the possession, use,
or distribution of any schedule I substance under the Controlled
Substances Act (21 U.S.C. 802) or any tetrahydrocannabinols deriva-
tive.
(b) The Legalization of Marijuana for Medical Treatment Initia-
tive of 1998, also known as Initiative 59, approved by the electors
of the District of Columbia on November 3, 1998, shall not take
effect.
SEC. 128. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from addressing
the issue of the provision of contraceptive coverage by health insur-
ance plans, but it is the intent of Congress that any legislation
enacted on such issue should include a ‘‘conscience clause’’ which
provides exceptions for religious beliefs and moral convictions.
PROMPT PAYMENT OF APPOINTED COUNSEL
SEC. 129. (a) ASSESSMENT
OF INTEREST
FOR DELAYED PAY-
MENTS.—If the Superior Court of the District of Columbia or the
District of Columbia Court of Appeals does not make a payment
described in subsection (b) prior to the expiration of the 45-day
period which begins on the date the Court receives a completed
voucher for a claim for the payment, interest shall be assessed
against the amount of the payment which would otherwise be
made to take into account the period which begins on the day
after the expiration of such 45-day period and which ends on the
day the Court makes the payment.
(b) PAYMENTS DESCRIBED.—A payment described in this sub-
section is—
H. R. 2944—32
(1) a payment authorized under section 11–2604 and sec-
tion 11–2605, D.C. Code (relating to representation provided
under the District of Columbia Criminal Justice Act);
(2) a payment for counsel appointed in proceedings in the
Family Division of the Superior Court of the District of
Columbia under chapter 23 of title 16, D.C. Code; or
(3) a payment for counsel authorized under section 21–
2060, D.C. Code (relating to representation provided under
the District of Columbia Guardianship, Protective Proceedings,
and Durable Power of Attorney Act of 1986).
(c) STANDARDS FOR SUBMISSION OF COMPLETED VOUCHERS.—
The chief judges of the Superior Court of the District of Columbia
and the District of Columbia Court of Appeals shall establish stand-
ards and criteria for determining whether vouchers submitted for
claims for payments described in subsection (b) are complete, and
shall publish and make such standards and criteria available to
attorneys who practice before such Courts.
(d) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed to require the assessment of interest against any claim
(or portion of any claim) which is denied by the Court involved.
(e) EFFECTIVE DATE.—This section shall apply with respect
to claims received by the Superior Court of the District of Columbia
or the District of Columbia Court of Appeals during fiscal year
2002, and claims received previously that remain unpaid at the
end of fiscal year 2001, and would have qualified for interest pay-
ment under this section.
FEDERAL CONTRIBUTION FOR ENFORCEMENT OF LAW BANNING
POSSESSION OF TOBACCO PRODUCTS BY MINORS
SEC. 130. (a) CONTRIBUTION.—There is hereby appropriated
a Federal contribution of $100,000 to the Metropolitan Police
Department of the District of Columbia, effective upon the enact-
ment by the District of Columbia of a law which reads as follows:
‘‘BAN ON POSSESSION OF TOBACCO PRODUCTS BY MINORS
‘‘SECTION 1. (a) IN GENERAL.—It shall be unlawful for any
individual under 18 years of age to possess any cigarette or other
tobacco product in the District of Columbia.
‘‘(b) EXCEPTIONS.—
‘‘(1) POSSESSION IN COURSE OF EMPLOYMENT.—Subsection
(a) shall not apply with respect to an individual making a
delivery of cigarettes or tobacco products in pursuance of
employment.
‘‘(2) PARTICIPATION IN LAW ENFORCEMENT OPERATION.—Sub-
section (a) shall not apply with respect to an individual pos-
sessing products in the course of a valid, supervised law enforce-
ment operation.
‘‘(c) PENALTIES.—Any individual who violates subsection (a)
shall be subject to the following penalties:
‘‘(1) For any violation, the individual may be required to
perform community service or attend a tobacco cessation pro-
gram.
‘‘(2) Upon the first violation, the individual shall be subject
to a civil penalty not to exceed $50.
H. R. 2944—33
‘‘(3) Upon the second and each subsequent violation, the
individual shall be subject to a civil penalty not to exceed
$100.
‘‘(4) Upon the third and each subsequent violation, the
individual may have his or her driving privileges in the District
of Columbia suspended for a period of 90 consecutive days.’’.
(b) USE OF CONTRIBUTION.—The Metropolitan Police Depart-
ment shall use the contribution made under subsection (a) to enforce
the law referred to in such subsection.
SEC. 131. The Mayor of the District of Columbia shall submit
to the Senate and House Committees on Appropriations, the Senate
Governmental Affairs Committee, and the House Government
Reform Committee quarterly reports addressing the following
issues: (1) crime, including the homicide rate, implementation of
community policing, the number of police officers on local beats,
and the closing down of open-air drug markets; (2) access to drug
abuse treatment, including the number of treatment slots, the
number of people served, the number of people on waiting lists,
and the effectiveness of treatment programs; (3) management of
parolees and pre-trial violent offenders, including the number of
halfway house escapes and steps taken to improve monitoring and
supervision of halfway house residents to reduce the number of
escapes to be provided in consultation with the Court Services
and Offender Supervision Agency; (4) education, including access
to special education services and student achievement to be provided
in consultation with the District of Columbia Public Schools; (5)
improvement in basic District services, including rat control and
abatement; (6) application for and management of Federal grants,
including the number and type of grants for which the District
was eligible but failed to apply and the number and type of grants
awarded to the District but for which the District failed to spend
the amounts received; and (7) indicators of child well-being.
SEC. 132. Nothing in this Act bars the District of Columbia
Corporation Counsel from reviewing or commenting on briefs in
private lawsuits, or from consulting with officials of the District
government regarding such lawsuits.
RESERVE FUNDS
SEC. 133. (a) IN GENERAL.—Section 202(j) of Public Law 104–
8, the District of Columbia Financial Responsibility and Manage-
ment Assistance Act of 1995 is amended to read as follows:
‘‘(j) RESERVE FUNDS.—
‘‘(1) BUDGET RESERVE.—
‘‘(A) IN GENERAL.—For each of the fiscal years 2002
and 2003, the budget of the District government for the
fiscal year shall contain a budget reserve in the following
amounts:
‘‘(i) $120,000,000, in the case of fiscal year 2002.
‘‘(ii) $70,000,000, in the case of fiscal year 2003.
‘‘(B) AVAILABILITY OF FUNDS.—Any amount made avail-
able from the budget reserve described in subparagraph
(A) shall remain available until expended.
‘‘(C) AVAILABILITY OF FISCAL YEAR 2001 BUDGET RESERVE
FUNDS.—For fiscal year 2001, any amount in the budget
reserve shall remain available until expended.
‘‘(2) CUMULATIVE CASH RESERVE.—In addition to any other
cash reserves required under section 450A of the District of
H. R. 2944—34
Columbia Home Rule Act, for each of the fiscal years 2004
and 2005, the budget of the District government for the fiscal
year shall contain a cumulative cash reserve of $50,000,000.
‘‘(3) CONDITIONS ON USE.—The District of Columbia may
obligate or expend amounts in the budget reserve under para-
graph (1) or the cumulative cash reserve under paragraph
(2) only in accordance with the following conditions:
‘‘(A) The Chief Financial Officer of the District of
Columbia shall certify that the amounts are available.
‘‘(B) The amounts shall be obligated or expended in
accordance with laws enacted by the Council in support
of each such obligation or expenditure.
‘‘(C) The amounts may not be used to fund the agencies
of the District of Columbia government under court ordered
receivership.
‘‘(D) The amounts may be obligated or expended only
if the Mayor notifies the Committees on Appropriations
of the House of Representatives and Senate in writing
30 days in advance of any obligation or expenditure.
‘‘(4) REPLENISHMENT.—Any amount of the budget reserve
under paragraph (1) or the cumulative cash reserve under
paragraph (2) which is expended in 1 fiscal year shall be
replenished in the following fiscal year appropriations to main-
tain the required balance.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect October 1, 2001.
(c) CONFORMING AMENDMENTS.—Section 159(c) of the District
of Columbia Appropriations Act, 2001 (Public Law 106–522; 114
Stat. 2482) is amended to read as follows:
‘‘(c) EFFECTIVE DATE.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
this section and the amendments made by this section shall
take effect on October 1, 2000.
‘‘(2) REPEAL OF POSITIVE FUND BALANCE REQUIREMENT.—
The amendment made by subsection (b)(2) shall take effect
October 1, 1999.
‘‘(3) TRANSFER OF FUNDS.—All funds identified by the Dis-
trict government pursuant to section 148 of Public Law 106–
113, as reflected in the certified annual financial report for
fiscal year 2000, shall be deposited during fiscal year 2002
into the Emergency and Contingency Reserve Funds established
pursuant to section 159 of Public Law 106–522, during fiscal
year 2002.’’.
(d) CONTINGENCY RESERVE FUND.—Section 450A(b) of the Home
Rule Act (Public Law 93–198) is amended—
(1) by striking paragraph (1) and inserting the following:
‘‘(1) IN GENERAL.—There is established a contingency cash
reserve fund (in this subsection referred to as the ‘contingency
reserve fund’) as an interest-bearing account (separate from
other accounts in the General Fund) into which the Mayor
shall deposit in cash not later than October 1 of each fiscal
year (beginning with fiscal year 2002) such amount as may
be required to maintain a balance in the fund of at least
3 percent of the total budget appropriated for operating expendi-
tures for such fiscal year which is derived from local funds
(or, in the case of fiscal years prior to fiscal year 2007, such
amount as may be required to maintain a balance in the