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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.
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
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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.
(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.
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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.
(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)’’.
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(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
(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.’’.
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(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
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
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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—
(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.
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(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
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
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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
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—
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(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.
(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
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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-
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-
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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-
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
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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
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