IB
107TH CONGRESS
1ST SESSION
H. R. 2944
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 7, 2001
Ordered to be printed with the amendment of the Senate
[Strike out all after the enacting clause and insert the part printed in italic]
AN ACT
Making appropriations for the government of the District
of Columbia and other activities chargeable in whole
or in part against the revenues of said District for the
fiscal year ending September 30, 2002, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
District of Columbia for the fiscal year ending September
30, 2002, and for other purposes, namely:
FEDERAL FUNDS
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
For a Federal payment to the District of Columbia
for a nationwide program, to be administered by the
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Mayor, for District of Columbia resident tuition support,
$17,000,000, to remain available until expended: Pro-
vided, That such funds may be used on behalf of eligible
District of Columbia residents to pay an amount based
upon the difference between in-State and out-of-State tui-
tion at public institutions of higher education, usable at
both public and private institutions for higher education:
Provided further, That the awarding of such funds may
be prioritized on the basis of a resident’s academic merit
and such other factors as may be authorized: Provided fur-
ther, That not more than 7 percent of the total amount
appropriated for this program may be used for administra-
tive expenses.
FEDERAL PAYMENT FOR INCENTIVES FOR ADOPTION OF
CHILDREN
The paragraph under the heading ‘‘Federal Payment
for Incentives for Adoption of Children’’ in Public Law
106–113, approved November 29, 1999 (113 Stat. 1501),
is amended to read as follows: ‘‘For a Federal payment
to the District of Columbia to create incentives to promote
the adoption of children in the District of Columbia foster
care system, $5,000,000: Provided, That such funds shall
remain available until September 30, 2003, and shall be
used to carry out all of the provisions of title 38 of the
Fiscal Year 2001 Budget Support Act of 2000, effective
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October 19, 2000 (D.C. Law 13–172), as amended, except
for section 3808.’’.
FEDERAL PAYMENT TO THE CAPITOL CITY CAREER
DEVELOPMENT AND JOB TRAINING PARTNERSHIP
For a Federal Payment to the Capitol City Career
Development and Job Training Partnership, $1,500,000.
FEDERAL PAYMENT TO THE FIRE AND EMERGENCY
MEDICAL SERVICES DEPARTMENT
For a Federal payment to the Fire and Emergency
Medical Services Department, $500,000 for dry-docking
of the Fire Boat.
FEDERAL PAYMENT TO THE CHIEF MEDICAL EXAMINER
For a Federal payment to the Chief Medical Exam-
iner, $585,000 for reduction in the backlog of autopsies,
case reports and for the purchase of toxicology and his-
tology equipment.
FEDERAL PAYMENT TO THE YOUTH LIFE FOUNDATION
For a Federal payment to the Youth Life Founda-
tion, $250,000 for technical assistance, operational ex-
penses, and establishment of a National Training Insti-
tute.
FEDERAL PAYMENT TO FOOD AND FRIENDS
For a Federal payment to Food and Friends,
$2,000,000 for their Capital Campaign.
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notwithstanding chapter 12 of title 40, United States
Code, the Director may acquire by purchase, lease, con-
demnation, or donation, and renovate as necessary, Build-
ing Number 17, 1900 Massachusetts Avenue, Southeast
Washington, District of Columbia, to house or supervise
offenders and defendants, with funds made available by
this Act: Provided further, That the Director is authorized
to accept and use gifts in the form of in-kind contributions
of space and hospitality to support offender and defendant
programs, and equipment and vocational training services
to educate and train offenders and defendants: Provided
further, That the Director shall keep accurate and detailed
records of the acceptance and use of any gift or donation
under the previous proviso, and shall make such records
available for audit and public inspection.
CHILDREN’S NATIONAL MEDICAL CENTER
For a Federal contribution to the Children’s National
Medical Center in the District of Columbia, $5,500,000,
of which $500,000 shall be used for the network of sat-
ellite pediatric health clinics for children and families in
underserved neighborhoods and communities in the Dis-
trict of Columbia and $5,000,000 shall be used to mod-
ernize the Children’s National Medical Center and update
its medical equipment.
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ST. COLETTA OF GREATER WASHINGTON EXPANSION
PROJECT
For a Federal contribution to St. Coletta of Greater
Washington, Inc. for costs associated with the establish-
ment of a day program and comprehensive case manage-
ment services for mentally retarded and multiple-handi-
capped adolescents and adults in the District of Columbia,
including
property
acquisition
and
construction,
$1,000,000.
FEDERAL PAYMENT TO FAITH AND POLITICS INSTITUTE
For a Federal payment to the Faith and Politics In-
stitute, $50,000, for grass roots-based racial sensitivity
programs in the District of Columbia.
FEDERAL PAYMENT FOR BROWNFIELD REMEDIATION
Notwithstanding any other provision of law, the
funds made available in the District of Columbia Appro-
priations Act, 2001 (Public Law 106–522; 114 Stat.
2445), for Brownfield Remediation shall be available until
expended.
DISTRICT OF COLUMBIA FUNDS
OPERATING EXPENSES
DIVISION OF EXPENSES
The following amounts are appropriated for the Dis-
trict of Columbia for the current fiscal year out of the
general fund of the District of Columbia, except as other-
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wise specifically provided: Provided, That notwithstanding
any other provision of law, except as provided in section
450A of the District of Columbia Home Rule Act and sec-
tion 119 of this Act (Public Law 93–198; D.C. Official
Code, sec. 1–204.50a), the total amount appropriated in
this Act for operating expenses for the District of Colum-
bia for fiscal year 2002 under this heading shall not ex-
ceed the lesser of the sum of the total revenues of the
District
of
Columbia
for
such
fiscal
year
or
$6,043,881,000 (of which $124,163,000 shall be from
intra-District funds and $3,571,343,000 shall be from
local funds): Provided further, That the Chief Financial
Officer of the District of Columbia shall take such steps
as are necessary to assure that the District of Columbia
meets these requirements, including the apportioning by
the Chief Financial Officer of the appropriations and
funds made available to the District during fiscal year
2002, except that the Chief Financial Officer may not re-
program for operating expenses any funds derived from
bonds, notes, or other obligations issued for capital
projects.
GOVERNMENTAL DIRECTION AND SUPPORT
Governmental direction and support, $285,359,000
(including $229,271,000 from local funds, $38,809,000
from Federal funds, and $17,279,000 from other funds):
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Provided, That not to exceed $2,500 for the Mayor,
$2,500 for the Chairman of the Council of the District
of Columbia, and $2,500 for the City Administrator shall
be available from this appropriation for official purposes:
Provided further, That any program fees collected from the
issuance of debt shall be available for the payment of ex-
penses of the debt management program of the District
of Columbia: Provided further, That no revenues from
Federal sources shall be used to support the operations
or activities of the Statehood Commission and Statehood
Compact Commission: Provided further, That the District
of Columbia shall identify the sources of funding for Ad-
mission to Statehood from its own locally-generated reve-
nues: Provided further, That notwithstanding any other
provision of law, or Mayor’s Order 86–45, issued March
18, 1986, the Office of the Chief Technology Officer’s del-
egated small purchase authority shall be $500,000: Pro-
vided further, That the District of Columbia government
may not require the Office of the Chief Technology Officer
to submit to any other procurement review process, or to
obtain the approval of or be restricted in any manner by
any official or employee of the District of Columbia gov-
ernment, for purchases that do not exceed $500,000: Pro-
vided further, That not less than $353,000 shall be avail-
able to the Office of the Corporation Counsel to support
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increases in the Attorney Retention Allowance: Provided
further, That not less than $50,000 shall be available to
support a mediation services program within the Office of
the Corporation Counsel: Provided further, That not less
than $50,000 shall be available to support a TANF Unit
within the Child Support Enforcement Division of the Of-
fice of the Corporation Counsel.
ECONOMIC DEVELOPMENT AND REGULATION
Economic development and regulation, $230,878,000
(including $60,786,000 from local funds, $96,199,000
from Federal funds, and $73,893,000 from other funds),
of which $15,000,000 collected by the District of Colum-
bia in the form of BID tax revenue shall be paid to the
respective BIDs pursuant to the Business Improvement
Districts Act of 1996 (D.C. Law 11–134; D.C. Official
Code, sec. 2–1215.01 et seq.), and the Business Improve-
ment Districts Amendment Act of 1997 (D.C. Law 12–
26; D.C. Official Code, sec. 2–1215.15(l)(2)): Provided,
That such funds are available for acquiring services pro-
vided by the General Services Administration: Provided
further, That Business Improvement Districts shall be ex-
empt from taxes levied by the District of Columbia: Pro-
vided further, That the fees established and collected pur-
suant to D.C. Law 13–281 shall be identified, and an ac-
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counting provided, to the District of Columbia Council’s
Committee on Consumer and Regulatory Affairs.
PUBLIC SAFETY AND JUSTICE
Public safety and justice, $633,853,000 (including
$594,803,000 from local funds, $8,298,000 from Federal
funds, and $30,752,000 from other funds): Provided, That
not to exceed $500,000 shall be available from this appro-
priation for the Chief of Police for the prevention and de-
tection of crime: Provided further, That notwithstanding
any other law, section 3703 of title XXXVII of the Fiscal
Year 2002 Budget Support Act of 2001 (D.C. Bill 14–
144), adopted by the Council of the District of Columbia,
is enacted into law: Provided further, That the Mayor shall
reimburse the District of Columbia National Guard for ex-
penses incurred in connection with services that are per-
formed in emergencies by the National Guard in a militia
status and are requested by the Mayor, in amounts that
shall be jointly determined and certified as due and pay-
able for these services by the Mayor and the Commanding
General of the District of Columbia National Guard: Pro-
vided further, That such sums as may be necessary for
reimbursement to the District of Columbia National
Guard under the preceding proviso shall be available from
this appropriation, and the availability of the sums shall
be deemed as constituting payment in advance for emer-
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gency services involved: Provided further, That no less
than $173,000,000 shall be available to the Metropolitan
Police Department for salary in support of 3,800 sworn
officers: Provided further, That no less than $100,000
shall be available in the Department of Corrections budget
to support the Corrections Information Council: Provided
further, That not less than $296,000 shall be available to
support the Child Fatality Review Committee.
PUBLIC EDUCATION SYSTEM
Public education system, including the development
of national defense education programs, $1,106,165,000
(including $894,494,000 from local funds, $185,044,000
from Federal funds, and $26,627,000 from other funds),
to
be
allocated
as
follows:
$810,542,000
(including
$658,624,000 from local funds, $144,630,000 from Fed-
eral funds, and $7,288,000 from other funds), for the pub-
lic schools of the District of Columbia; $47,370,000 (in-
cluding
$19,911,000
from
local
funds
of
which
$17,000,000 is from a Federal payment previously appro-
priated in this Act for resident tuition support at public
and private institutions of higher learning for eligible Dis-
trict of Columbia residents, $26,917,000 from Federal
funds, and $542,000 from other funds), for the State
Education Office, and $142,257,000 from local funds for
public charter schools: Provided, That there shall be quar-
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terly disbursement of funds to the District of Columbia
public charter schools, with the first payment to occur
within 15 days of the beginning of each fiscal year: Pro-
vided 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 fund-
ing formula, the funds shall be available for public edu-
cation in accordance with the School Reform Act of 1995
(Public Law 104–134; D.C. Official Code, sec. 38–
1804.03(a)(2)(D): Provided further, That $480,000 of this
amount shall be available to the District of Columbia Pub-
lic Charter School Board for administrative costs: Pro-
vided further, That $76,542,000 (including $45,912,000
from local funds, $12,539,000 from Federal funds, and
$18,091,000 from other funds) shall be available for the
University of the District of Columbia: Provided further,
That $750,000 shall be available for Enhancing and
Actualizing Internationalism and Multiculturalism in the
Academic Programs of the University of the District of
Columbia: $1,000,000 shall be paid to the Excel Institute
Adult Education Program by the Chief Financial Officer
quarterly on the first day of each quarter, and not less
than $200,000 for the Adult Education and $27,256,000
(including $26,030,000 from local funds, $560,000 from
Federal funds and $666,000 other funds) for the Public
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Library: Provided further, That $2,198,000 (including
$1,760,000 from local funds, $398,000 from Federal
funds and $40,000 from other funds) shall be available
for the Commission on the Arts and Humanities: Provided
further, That the public schools of the District of Columbia
are authorized to accept not to exceed 31 motor vehicles
for exclusive use in the driver education program: Provided
further, That not to exceed $2,500 for the Superintendent
of Schools, $2,500 for the President of the University of
the District of Columbia, and $2,000 for the Public Li-
brarian shall be available from this appropriation for offi-
cial purposes: Provided further, That none of the funds
contained in this Act may be made available to pay the
salaries of any District of Columbia Public School teacher,
principal, administrator, official, or employee who know-
ingly provides false enrollment or attendance information
under article II, section 5 of the Act entitled ‘‘An Act to
provide for compulsory school attendance, for the taking
of a school census in the District of Columbia, and for
other purposes’’, approved February 4, 1925 (D.C. Offi-
cial Code, sec. 38–201 et seq.): Provided further, That this
appropriation shall not be available to subsidize the edu-
cation of any nonresident of the District of Columbia at
any District of Columbia public elementary and secondary
school during fiscal year 2002 unless the nonresident pays
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tuition to the District of Columbia at a rate that covers
100 percent of the costs incurred by the District of Colum-
bia which are attributable to the education of the non-
resident (as established by the Superintendent of the Dis-
trict of Columbia Public Schools): Provided further, That
this appropriation shall not be available to subsidize the
education of nonresidents of the District of Columbia at
the University of the District of Columbia, unless the
Board of Trustees of the University of the District of Co-
lumbia adopts, for the fiscal year ending September 30,
2002, a tuition rate schedule that will establish the tuition
rate for nonresident students at a level no lower than the
nonresident tuition rate charged at comparable public in-
stitutions of higher education in the metropolitan area:
Provided further, That notwithstanding any other provi-
sion of law, rule, or regulation, the evaluation process and
instruments for evaluating District of Columbia Public
School employees shall be a non-negotiable item for collec-
tive bargaining purposes: Provided further, That the Dis-
trict of Columbia Public Schools shall spend $1,200,000
to implement the D.C. Teaching Fellows Program in the
District’s public schools: Provided further, That notwith-
standing the amounts otherwise provided under this head-
ing or any other provision of law, there shall be appro-
priated to the District of Columbia public charter schools
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on July 1, 2002, an amount equal to 25 percent of the
total amount provided for payments to public charter
schools in the proposed budget of the District of Columbia
for fiscal year 2003 (as submitted to Congress), and the
amount of such payment shall be chargeable against the
final amount provided for such payments under the Dis-
trict of Columbia Appropriations Act, 2003: Provided fur-
ther, That notwithstanding the amounts otherwise pro-
vided under this heading or any other provision of law,
there shall be appropriated to the District of Columbia
Public Schools on July 1, 2002, an amount equal to 10
percent of the total amount provided for the District of
Columbia Public Schools in the proposed budget of the
District of Columbia for fiscal year 2003 (as submitted
to Congress), and the amount of such payment shall be
chargeable against the final amount provided for the Dis-
trict of Columbia Public Schools under the District of Co-
lumbia Appropriations Act, 2003.
HUMAN SUPPORT SERVICES
Human support services, $1,803,923,000 (including
$711,072,000 from local funds, $1,075,960,000 from
Federal funds, and $16,891,000 from other funds): Pro-
vided, That $27,986,000 of this appropriation, to remain
available until expended, shall be available solely for Dis-
trict of Columbia employees’ disability compensation: Pro-
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vided further, That $90,000,000 transferred pursuant to
the District of Columbia Appropriations Act, 2001 (Public
Law 106–522; 114 Stat. 2452), to the Public Benefit Cor-
poration for restructuring shall be made available to the
Department of Health’s Health Care Safety Net Adminis-
tration for the purpose of restructuring the delivery of
health services in the District of Columbia shall remain
available for obligation during fiscal year 2002: Provided
further, That the District of Columbia shall not provide
free government services such as water, sewer, solid waste
disposal or collection, utilities, maintenance, repairs, or
similar services to any legally constituted private nonprofit
organization, as defined in section 411(5) of the Stewart
B. McKinney Homeless Assistance Act (101 Stat. 485;
Public Law 100–77; 42 U.S.C. 11371), providing emer-
gency shelter services in the District, if the District would
not be qualified to receive reimbursement pursuant to such
Act (101 Stat. 485; Public Law 100–77; 42 U.S.C. 11301
et seq.): Provided further, That no less than $500,000 of
the $7,500,000 appropriated for the Addiction Recovery
Fund shall be used solely to pay treatment providers who
provide substance abuse treatment to TANF recipients
under the Drug Treatment Choice Program: Provided fur-
ther, That no less than $2,000,000 of this appropriation
shall be used solely to establish, by contract, a 2-year pilot
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substance abuse program for youth ages 16 through 21
years of age: Provided further, That no less than $60,000
be available for a D.C. Energy Office Matching Grant:
Provided further, That no less than $2,150,000 be avail-
able for a pilot Interim Disability Assistance program pur-
suant to title L of the Fiscal Year 2002 Budget Support
Act (D.C. Bill 14–144).
PUBLIC WORKS
Public works, including rental of one passenger-car-
rying vehicle for use by the Mayor and three passenger-
carrying vehicles for use by the Council of the District of
Columbia and leasing of passenger-carrying vehicles,
$300,151,000 (including $286,334,000 from local funds,
$4,392,000 from Federal funds, and $9,425,000 from
other funds): Provided, That $11,000,000 of this appro-
priation shall be available for transfer to the Highway
Trust Fund’s Local Roads, Construction and Maintenance
Fund upon certification by the Chief Financial Officer
that funds are available from the fiscal year 2001 budg-
eted reserve or where the Chief Financial Officer certifies
that additional local revenues are available: Provided fur-
ther, That this appropriation shall not be available for col-
lecting ashes or miscellaneous refuse from hotels and
places of business.
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RECEIVERSHIP PROGRAMS
For all agencies of the District of Columbia govern-
ment under court ordered receivership, $403,368,000 (in-
cluding $250,015,000 from local funds, $134,339,000
from Federal funds, and $19,014,000 from other funds).
WORKFORCE INVESTMENTS
For workforce investments, $42,896,000 from local
funds, to be transferred by the Mayor of the District of
Columbia within the various appropriation headings in
this Act for which employees are properly payable.
RESERVE
For replacement of funds expended, if any, during
fiscal year 2001 from the Reserve established by section
202(j) of the District of Columbia Financial Responsibility
and Management Assistance Act of 1995, Public Law
104–8, $150,000,000 from local funds: Provided, That
none of these funds shall be obligated or expended under
this heading until the emergency reserve fund established
under Sec. 450A(a) of the District of Columbia Home
Rule Act (Public Law 93–198 as amended; 114 Stat.
2478; D.C. Official Code, Sec. 1–204.50a(a)) has been
fully funded for fiscal year 2002.
CONTINGENCY RESERVE FUND
For the contingency reserve fund established under
section 450A(b) of the District of Columbia Home Rule
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Act (Public Law 93–198; D.C. Official Code, sec. 1–
204.50a(b)), the amount provided for fiscal year 2002
under such section, to be derived from local funds.
REPAYMENT OF LOANS AND INTEREST
For payment of principal, interest, and certain fees
directly resulting from borrowing by the District of Co-
lumbia to fund District of Columbia capital projects as
authorized by sections 462, 475, and 490 of the District
of Columbia Home Rule Act (Public Law 93–198 as
amended; D.C. Official Code, secs. 1–204.62, 1–204.75,
1–204.90), $247,902,000 from local funds: Provided,
That any funds set aside pursuant to section 148 of the
District of Columbia Appropriations Act, 2000 (Public
Law 106–113; 113 Stat. 1523) that are not used in the
reserve funds established herein shall be used for Pay-As-
You-Go Capital Funds: Provided further, That for equip-
ment leases, the Mayor may finance $14,300,000 of equip-
ment cost, plus cost of issuance not to exceed 2 percent
of the par amount being financed on a lease purchase
basis with a maturity not to exceed 5 years: Provided fur-
ther, That $4,440,000 is allocated for the Fire and Emer-
gency Medical Services Department, $2,010,000 for the
Department of Parks and Recreation, and $7,850,000 for
the Department of Public Works.
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REPAYMENT OF GENERAL FUND RECOVERY DEBT
For the purpose of eliminating the $331,589,000
general fund accumulated deficit as of September 30,
1990, $39,300,000 from local funds, as authorized by sec-
tion 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,
$500,000 from local funds.
EMERGENCY PLANNING
For an emergency operations plan, implementation of
the emergency operations plan, and reimbursement of
planning and related expenses incurred by the District of
Columbia in anticipation of the planned World Bank and
International Monetary Fund September 2001 meetings,
$16,058,000, from funds previously appropriated in this
Act as a Federal payment: Provided, That this appropria-
tion shall be apportioned by the Chief Financial Officer
within the various appropriation heading in this Act.
WILSON BUILDING
For expenses associated with the John A. Wilson
Building, $8,859,000 from local funds.
EMERGENCY RESERVE FUND TRANSFER
Subject to the issuance of bonds to pay the purchase
price of the District of Columbia’s right, title, and, inter-
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est in and to the Master Settlement Agreement, and con-
sistent with the Tobacco Settlement Trust Fund Estab-
lishment Act of 1999 (D.C. Official Code, sec. 7–
1811.01(a)(2) et seq.) and the Tobacco Settlement Fi-
nancing Act of 2000 (D.C. Official Code, sec. 7–1831.03),
there is transferred the amount available pursuant there-
to, but not to exceed $33,254,000, to the Emergency Re-
serve Fund established pursuant to section 450A(a) of the
District of Columbia Home Rule Act (Public Law 93–198,
as amended; 114 Stat. 2478; D.C. Official Code, sec. 1–
204.50a(a)).
NON-DEPARTMENTAL AGENCY
To account for anticipated costs that cannot be allo-
cated to specific agencies during the development of the
proposed budget including anticipated employee health in-
surance
cost
increases
and
contract
security
costs,
$5,799,000 from local funds.
ENTERPRISE AND OTHER FUNDS
WATER AND SEWER AUTHORITY
For operation of the Water and Sewer Authority,
$244,978,000 from other funds, of which $44,244,000
shall be apportioned for repayment of loans and interest
incurred for capital improvement projects ($17,952,936
payable
to
the
District’s
debt
service
fund
and
$26,291,064 payable for other debt service). For construc-
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tion projects, $152,114,000, in the following capital pro-
grams; $52,600,000 for the Blue Plains Wastewater
Treatment Plant, $11,148,000 for the sewer program,
$109,000 for the combined sewer program, $118,000 for
the stormwater program, $77,957,000 for the water pro-
gram, and $10,182,000 for the capital equipment pro-
gram: Provided, That the requirements and restrictions
that are applicable to general fund capital improvements
projects and set forth in this Act under the Capital Outlay
appropriation title shall apply to projects approved under
this appropriation title: Provided further, That section
106(b)(2) of the District of Columbia Public Works Act
of 1954 (sec. 34–2401.25(b)(2), D.C. Official Code) is
amended by inserting after ‘‘the Office of Management
and Budget,’’ the following: ‘‘the Secretary of the Treas-
ury, and the head of each of the respective Federal depart-
ments, independent establishments, and agencies,’’: Pro-
vided further, That section 212(b)(2) of the District of Co-
lumbia Public Works Act of 1954 (sec. 34–2112(b)(2),
D.C. Official Code) is amended by inserting after ‘‘the Of-
fice of Management and Budget,’’ the following: ‘‘the Sec-
retary of the Treasury, and the head of each of the respec-
tive Federal departments, independent establishments,
and agencies,’’.
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WASHINGTON AQUEDUCT
For
operation
of
the
Washington
Aqueduct,
$46,510,000 from other funds.
STORMWATER PERMIT COMPLIANCE ENTERPRISE FUND
For operation of the Stormwater Permit Compliance
Enterprise Fund, $3,100,000 from other funds.
LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND
For the Lottery and Charitable Games Enterprise
Fund, established by the District of Columbia 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.), $229,688,000: Provided, That the
District of Columbia shall identify the source of funding
for this appropriation title from the District’s own locally
generated revenues: Provided further, That no revenues
from Federal sources shall be used to support the oper-
ations or activities of the Lottery and Charitable Games
Control Board.
SPORTS AND ENTERTAINMENT COMMISSION
For the Sports and Entertainment Commission,
$9,127,000 (including $2,177,000 to be derived by trans-
fer from the general fund of the District of Columbia and
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$6,950,000 from other funds): Provided, That the transfer
of $2,177,000 from the general fund shall not be made
unless the District of Columbia general fund has received
$2,177,000 from the D.C. Sports and Entertainment
Commission prior to September 20, 2001: Provided fur-
ther, That the Mayor shall submit a budget for the Armory
Board for the forthcoming fiscal year as required by sec-
tion 442(b) of the District of Columbia Home Rule Act
(87 Stat. 824; Public Law 93–198; D.C. Official Code,
sec. 1–204.42(b)).
DISTRICT OF COLUMBIA RETIREMENT BOARD
For the District of Columbia Retirement Board, es-
tablished by section 121 of the District of Columbia Re-
tirement Reform Act of 1979 (93 Stat. 866; D.C. Official
Code, sec. 1–711), $13,388,000 from the earnings of the
applicable retirement funds to pay legal, management, in-
vestment, and other fees and administrative expenses of
the District of Columbia Retirement Board: Provided,
That the District of Columbia Retirement Board shall pro-
vide to the Congress and to the Council of the District
of Columbia a quarterly report of the allocations of
charges by fund and of expenditures of all funds: Provided
further, That the District of Columbia Retirement Board
shall provide the Mayor, for transmittal to the Council of
the District of Columbia, an itemized accounting of the
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planned use of appropriated funds in time for each annual
budget submission and the actual use of such funds in
time for each annual audited financial report.
WASHINGTON CONVENTION CENTER ENTERPRISE FUND
For the Washington Convention Center Enterprise
Fund, $57,278,000 from other funds.
HOUSING FINANCE AGENCY
For the Housing Finance Agency, $4,711,000 from
other funds.
NATIONAL CAPITAL REVITALIZATION CORPORATION
For the National Capital Revitalization Corporation,
$2,673,000 from other funds.
CAPITAL OUTLAY
(INCLUDING RESCISSIONS)
For
construction
projects,
an
increase
of
$1,550,787,000 of which $1,348,783,000 shall be from
local funds, $44,431,000 from Highway Trust funds, and
$157,573,000 from Federal funds, and a rescission of
$476,182,000 from local funds appropriated under this
heading in prior fiscal years, for a net amount of
$1,074,605,000 to remain available until expended: Pro-
vided, That funds for use of each capital project imple-
menting agency shall be managed and controlled in ac-
cordance with all procedures and limitations established
under the Financial Management System: Provided fur-
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ther, That all funds provided by this appropriation title
shall be available only for the specific projects and pur-
poses intended: Provided further, That notwithstanding
the
foregoing,
all
authorizations
for
capital
outlay
projects, except those projects covered by the first sen-
tence of section 23(a) of the Federal Aid Highway Act
of 1968 (82 Stat. 827; Public Law 90–495), for which
funds are provided by this appropriation title, shall expire
on September 30, 2003, except authorizations for projects
as to which funds have been obligated in whole or in part
prior to September 30, 2003: Provided further, That upon
expiration of any such project authorization, the funds
provided herein for the project shall lapse.
GENERAL PROVISIONS
SEC. 101. Whenever in this Act, an amount is speci-
fied within an appropriation for particular purposes or ob-
jects of expenditure, such amount, unless otherwise speci-
fied, 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 avail-
able for expenses of travel and for the payment of dues
of organizations concerned with the work of the District
of Columbia government, when authorized by the Mayor:
Provided, That in the case of the Council of the District
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of Columbia, funds may be expended with the authoriza-
tion of the chair of the Council.
SEC. 103. There are appropriated from the applicable
funds of the District of Columbia such sums as may be
necessary for making refunds and for the payment of
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 Dis-
trict of Columbia Income and Franchise Tax Act of 1947
(70 Stat. 78; Public Law 84–460; D.C. Official Code, sec.
47–1812.11(c)(3)).
SEC. 104. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 105. No funds appropriated in this Act for the
District of Columbia government for the operation of 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.
Nothing herein is intended to prohibit the availability of
school buildings for the use of any community or partisan
political group during non-school hours.
SEC. 106. None of the funds appropriated in this Act
shall be made available to pay the salary of any employee
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of the District of Columbia government whose name, title,
grade, salary, past work experience, and salary history are
not available for inspection by the House and Senate Com-
mittees on Appropriations, the House Committee on Gov-
ernment Reform, the Senate Committee on Governmental
Affairs, and the Council of the District of Columbia, or
their duly authorized representative.
SEC. 107. There are appropriated from the applicable
funds of the District of Columbia such sums as may be
necessary for making payments authorized by the District
of Columbia Revenue Recovery Act of 1977 (D.C. Law
2–20; D.C. Code, sec. 47–422 et seq.).
SEC. 108. No part of this appropriation shall be used
for publicity or propaganda purposes or implementation
of any policy including boycott designed to support or de-
feat legislation pending before Congress or any State legis-
lature.
SEC. 109. 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
compared with projections.
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SEC. 110. (a) None of the funds provided under this
Act to the agencies funded by this Act, both Federal and
District government agencies, that remain available for
obligation or expenditure in fiscal year 2002, or provided
from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or ex-
penditure for an agency through a reprogramming of
funds which: (1) creates new programs; (2) eliminates a
program, project, or responsibility center; (3) establishes
or changes allocations specifically denied, limited or in-
creased by Congress in this Act; (4) increases funds or
personnel by any means for any program, project, or re-
sponsibility center for which funds have been denied or
restricted; (5) reestablishes through reprogramming any
program
or
project
previously
deferred
through
re-
programming; (6) augments existing programs, projects,
or responsibility centers through a reprogramming of
funds in excess of $1,000,000 or 10 percent, whichever
is less; or (7) increases by 20 percent or more personnel
assigned to a specific program, project or responsibility
center; unless the Committees on Appropriations of both
the Senate and House of Representatives are notified in
writing 30 days in advance of any reprogramming as set
forth in this section.
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(b) None of the local funds contained in this Act may
be available for obligation or expenditure for an agency
through a reprogramming of funds which transfers any
local funds from one appropriation to another unless the
Committees on Appropriations of the Senate and House
of Representatives are notified in writing 30 days in ad-
vance of the transfer, except that in no event may the
amount of any funds transferred exceed 2 percent of the
local funds in the appropriation.
SEC. 111. 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. 112. (a) Notwithstanding any other provisions
of law, the provisions of the District of Columbia Govern-
ment Comprehensive Merit Personnel Act of 1978 (D.C.
Law 2–139; D.C. Official Code, sec. 1–601.01 et seq.),
enacted pursuant to section 422(3) of the District of Co-
lumbia Home Rule Act (87 Stat. 790; Public Law 93–
198; D.C. Official Code, sec. 1–204.22(3)), shall apply
with respect to the compensation of District of Columbia
employees: Provided, That for pay purposes, employees of
the District of Columbia government shall not be subject
to the provisions of title 5, United States Code.
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(b)(1) CERTIFICATION OF NEED BY CHIEF TECH-
NOLOGY OFFICER.—Section 2706(b) of the District of Co-
lumbia Government Comprehensive Merit Personnel Act
of 1978, as added by section 2 of the District Government
Personnel Exchange Agreement Amendment Act of 2000
(D.C. Law 13–296), is amended by inserting after ‘‘Direc-
tor of Personnel’’ each place it appears the following: ‘‘(or
the Chief Technology Officer, in the case of the Office of
the Chief Technology Officer)’’.
(2) INCLUSION
OF OVERHEAD COSTS
IN AGREE-
MENTS.—Section 2706(c)(3) of such Act is amended by
striking the period at the end and inserting the following:
‘‘, except that in the case of the Office of the Chief Tech-
nology Officer, general and administrative costs shall in-
clude reasonable overhead costs and shall be calculated by
the Chief Technology Officer (as determined under such
criteria as the Chief Technology Officer independently
deems appropriate, including a consideration of standards
used to calculate general, administrative, and overhead
costs for off-site employees found in Federal law and regu-
lation and in general private industry practice).’’.
(3) REPORTING REQUIREMENT.—Section 2706 of
such Act is amended—
(A) by redesignating subsection (f) as sub-
section (g); and
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(B) by inserting after subsection (e) the fol-
lowing new subsection:
‘‘(f) Not later than 45 days after the end of each fis-
cal year (beginning with fiscal year 2002), the Chief Tech-
nology Officer shall prepare and submit to the Council and
to the Committees on Appropriations of the House of Rep-
resentatives and Senate a report describing all agreements
entered into by the Chief Technology Officer under this
section which are in effect during the fiscal year.’’.
(c) NO LIMIT ON FTES.—Notwithstanding any other
provision of law, no limit may be placed on the number
of full-time equivalent employees of the Office of the Chief
Technology Officer of the District of Columbia for any fis-
cal year.
(d) Section 424(b)(3) of the District of Columbia
Home Rule Act (sec. 1–204.24b(c), D.C. Official Code)
is amended by striking ‘‘level IV’’ and inserting ‘‘level I’’.
(e) EFFECTIVE DATE.—The amendment made by
subsection (d) shall apply with respect to pay periods in
fiscal year 2002 and each succeeding fiscal year.
SEC. 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
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1985 (D.C. Law 6–85; D.C. Official 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 determination as to whether to invoke the com-
petitive bidding process has been made in accordance with
duly promulgated rules and procedures.
SEC. 114. 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 Colum-
bia for the fiscal year involved have been paid to the Dis-
trict 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 speci-
fied in the order shall be applied proportionately to each
of the Federal appropriation accounts in this Act that are
not specifically exempted from sequestration by such Act.
ACCEPTANCE AND USE OF GIFTS
SEC. 115. (a) APPROVAL BY MAYOR.—
(1) IN GENERAL.—An entity of the District of
Columbia government may accept and use a gift or
donation during fiscal year 2002 if—
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(A) the Mayor approves the acceptance
and use of the gift or donation (except as pro-
vided in paragraph (2)); and
(B) the entity uses the gift or donation to
carry out its authorized functions or duties.
(2) EXCEPTION FOR COUNCIL AND COURTS.—
The Council of the District of Columbia and the
District of Columbia courts may accept and use gifts
without prior approval by the Mayor.
(b) RECORDS AND PUBLIC INSPECTION.—Each enti-
ty of the District of Columbia government shall keep accu-
rate and detailed records of the acceptance and use of any
gift or donation under subsection (a), and shall make such
records available for audit and public inspection.
(c) INDEPENDENT AGENCIES INCLUDED.—For the
purposes of this section, the term ‘‘entity of the District
of Columbia government’’ includes an independent agency
of the District of Columbia.
(d) EXCEPTION FOR BOARD OF EDUCATION.—This
section shall not apply to the District of Columbia Board
of Education, which may, pursuant to the laws and regula-
tions 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
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for salaries, expenses, or other costs associated with the
offices of United States Senator or United States Rep-
resentative under section 4(d) of the District of Columbia
Statehood Constitutional Convention Initiatives of 1979
(D.C. Law 3–171; D.C. Official Code, sec. 1–123).
SEC. 117. None of the funds appropriated under this
Act shall be expended for any abortion except where the
life of the mother would be endangered if the fetus were
carried to term or where the pregnancy is the result of
an act of rape or incest.
SEC. 118. None of the Federal funds made available
in this Act may be used to implement or enforce the
Health Care Benefits Expansion Act of 1992 (D.C. Law
9–114; D.C. Official Code, sec. 32–701 et seq.) or to oth-
erwise implement or enforce any system of registration of
unmarried, cohabiting couples (whether homosexual, het-
erosexual, or lesbian), including but not limited to reg-
istration for the purpose of extending employment, health,
or governmental benefits to such couples on the same basis
that such benefits are extended to legally married couples.
SEC. 119. (a) ACCEPTANCE AND USE OF GRANTS
NOT INCLUDED IN CEILING.—
(1) IN GENERAL.—Notwithstanding any other
provision of this Act, the Mayor, in consultation with
the Chief Financial Officer may accept, obligate, and
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expend Federal, private, and other grants received
by the District government that are not reflected in
the amounts appropriated in this Act.
(2) REQUIREMENT OF CHIEF FINANCIAL OFFI-
CER
REPORT
AND COUNCIL
APPROVAL.—No such
Federal, private, or other grant may be accepted, ob-
ligated, or expended pursuant to paragraph (1)
until—
(A) the Chief Financial Officer of the Dis-
trict of Columbia submits to the Council a re-
port setting forth detailed information regard-
ing such grant; and
(B) the Council within 15 days after re-
ceipt of the report submitted under (A) has re-
viewed and approved the acceptance, obligation,
and expenditure of such grant.
(3) PROHIBITION ON SPENDING IN ANTICIPA-
TION OF APPROVAL OR RECEIPT.—No amount may
be obligated or expended from the general fund or
other funds of the District government in anticipa-
tion of the approval or receipt of a grant under
paragraph (2)(B) of this subsection or in anticipa-
tion of the approval or receipt of a Federal, private,
or other grant not subject to such paragraph.
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(4) QUARTERLY REPORTS.—The Chief Finan-
cial Officer of the District of Columbia shall prepare
a quarterly report setting forth detailed information
regarding all Federal, private, and other grants sub-
ject to this subsection. Each such report shall be
submitted to the Council of the District of Columbia,
and to the Committees on Appropriations of the
House of Representatives and the Senate, not later
than 15 days after the end of the quarter covered
by the report.
SEC. 120. (a) Except as otherwise provided in this
section, none of the funds made available by this Act or
by any other Act may be used to provide any officer or
employee of the District of Columbia with an official vehi-
cle unless the officer or employee uses the vehicle only in
the performance of the officer’s or employee’s official du-
ties. For purposes of this paragraph, the term ‘‘official
duties’’ does not include travel between the officer’s or em-
ployee’s residence and workplace (except: (1) in the case
of an officer or employee of the Metropolitan Police De-
partment who resides in the District of Columbia or is
otherwise designated by the Chief of the Department; (2)
at the discretion of the Fire Chief, an officer or employee
of the District of Columbia Fire and Emergency Medical
Services Department who resides in the District of Colum-
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bia 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 November 15, 2001, an inventory,
as of September 30, 2001, of all vehicles owned, leased
or operated by the District of Columbia government. The
inventory shall include, but not be limited to, the depart-
ment 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 mainte-
nance costs; current mileage; and whether the vehicle is
allowed to be taken home by a District officer or employee
and if so, the officer or employee’s title and resident loca-
tion.
(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) may enter into an agreement in excess of $2,500 for
the procurement of goods or services on behalf of any enti-
ty of the District government until the officer or employee
has conducted an analysis of how the procurement of the
goods and services involved under the applicable regula-
tions and procedures of the District government would dif-
fer from the procurement of the goods and services in-
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volved under the Federal supply schedule and other appli-
cable regulations and procedures of the General Services
Administration, including an analysis of any differences
in the costs to be incurred and the time required to obtain
the goods or services.
SEC. 121. Notwithstanding any other provision of
law, not later than 120 days after the date that a District
of Columbia Public Schools (DCPS) student is referred
for evaluation or assessment—
(1) the District of Columbia Board of Edu-
cation, or its successor, and DCPS shall assess or
evaluate a student who may have a disability and
who may require special education services; and
(2) if a student is classified as having a dis-
ability, as defined in section 101(a)(1) of the Indi-
viduals with Disabilities Education Act (84 Stat.
175; 20 U.S.C. 1401(a)(1)) or in section 7(8) of the
Rehabilitation Act of 1973 (87 Stat. 359; 29 U.S.C.
706(8)), the Board and DCPS shall place that stu-
dent in an appropriate program of special education
services.
SEC. 122. (a) COMPLIANCE WITH BUY AMERICAN
ACT.—None of the funds made available in this Act may
be expended by an entity unless the entity agrees that in
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expending the funds the entity will comply with the Buy
American Act (41 U.S.C. 10a–10c).
(b) SENSE OF THE CONGRESS; REQUIREMENT RE-
GARDING NOTICE.—
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—In the case of any equipment or
product that may be authorized to be purchased
with financial assistance provided using funds made
available in this Act, it is the sense of the Congress
that entities receiving the assistance should, in ex-
pending the assistance, purchase only American-
made equipment and products to the greatest extent
practicable.
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—
In providing financial assistance using funds made
available in this Act, the head of each agency of the
Federal or District of Columbia government shall
provide to each recipient of the assistance a notice
describing the statement made in paragraph (1) by
the Congress.
(c) PROHIBITION
OF CONTRACTS WITH PERSONS
FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bear-
ing a ‘‘Made in America’’ inscription, or any inscription
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with the same meaning, to any product sold in or shipped
to the United States that is not made in the United
States, the person shall be ineligible to receive any con-
tract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineli-
gibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
SEC. 123. None of the funds contained in this Act
may be used for purposes of the annual independent audit
of the District of Columbia government for fiscal year
2002 unless—
(1) the audit is conducted by the Inspector
General of the District of Columbia pursuant to sec-
tion 208(a)(4) of the District of Columbia Procure-
ment Practices Act of 1985 (D.C. Official Code, sec.
2–302.8); and
(2) the audit includes as a basic financial state-
ment a comparison of audited actual year-end re-
sults with the revenues submitted in the budget doc-
ument for such year and the appropriations enacted
into law for such year using the format, terminology,
and classifications contained in the law making the
appropriations for the year and its legislative his-
tory.
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SEC. 124. None of the funds contained in this Act
may be used by the District of Columbia Corporation
Counsel or any other officer or entity of the District gov-
ernment to provide assistance for any petition drive or civil
action which seeks to require Congress to provide for vot-
ing representation in Congress for the District of Colum-
bia.
SEC. 125. (a) None of the funds contained in this
Act may be used for any program of distributing sterile
needles or syringes for the hypodermic injection of any ille-
gal drug.
(b) Any individual or entity who receives any funds
contained in this Act and who carries out any program
described in subsection (a) shall account for all funds used
for such program separately from any funds contained in
this Act.
SEC. 126. None of the funds contained in this Act
may be used after the expiration of the 60-day period that
begins on the date of the enactment of this Act to pay
the salary of any chief financial officer of any office of
the District of Columbia government (including any inde-
pendent agency of the District) who has not filed a certifi-
cation with the Mayor and the Chief Financial Officer of
the District of Columbia that the officer understands the
duties and restrictions applicable to the officer and the