H. R. 2944—27
(d) Section 424(b)(3) of the District of Columbia Home Rule
Act (sec. 1–204.24b(c), D.C. Official Code) is amended—
(1) by striking ‘‘determined’’ and all that follows through
‘‘exceed’’ and inserting ‘‘equal to’’; and
(2) by striking ‘‘IV’’ and inserting ‘‘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. 112. No later than 30 days after the end of the first
quarter of the fiscal year ending September 30, 2002, the Mayor
of the District of Columbia shall submit to the Council of the
District of Columbia the new fiscal year 2002 revenue estimates
as of the end of the first quarter of fiscal year 2002. These estimates
shall be used in the budget request for the fiscal year ending
September 30, 2003. The officially revised estimates at midyear
shall be used for the midyear report.
SEC. 113. No sole source contract with the District of Columbia
government or any agency thereof may be renewed 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 com-
petition 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 proce-
dures 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 Columbia 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 appropriation
accounts in this Act that are not specifically exempted from seques-
tration by such Act.
(b) For purposes of the Balanced Budget and Emergency 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 account 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:
Provided, 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. ACCEPTANCE AND USE OF GIFTS. (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 provided in paragraph (2));
and
H. R. 2944—28
(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 entity of the Dis-
trict 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 inspection.
(c) INDEPENDENT AGENCIES INCLUDED.—For the purposes of
this section, the term ‘‘entity of the District of Columbia govern-
ment’’ 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 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 offices of United States Senator
or United States Representative 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 otherwise implement or enforce any system
of registration of unmarried, cohabiting couples, including but not
limited to registration 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. ACCEPTANCE AND USE OF GRANTS NOT INCLUDED
IN CEILING. (a) 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.
(b) REQUIREMENT OF CHIEF FINANCIAL OFFICER REPORT AND
COUNCIL APPROVAL.—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 informa-
tion regarding such grant; and
(2) the Council within 15 calendar days after receipt of
the report submitted under paragraph (1) has reviewed and
approved the acceptance, obligation, and expenditure of such
grant.
(c) PROHIBITION ON SPENDING IN ANTICIPATION 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 subsection (b)(2)
H. R. 2944—29
of this section or in anticipation of the approval or receipt of
a Federal, private, or other grant not subject to such paragraph.
(d) QUARTERLY REPORTS.—The Chief Financial Officer of the
District of Columbia shall prepare a quarterly report setting forth
detailed information regarding all Federal, private, and other grants
subject to this section. 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) RESTRICTIONS ON USE OF OFFICIAL VEHICLES.—
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 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 residence
and workplace (except: (1) in the case of an officer or employee
of the Metropolitan Police Department who resides in the District
of Columbia or is otherwise designated by the Chief of the Depart-
ment; (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) INVENTORY OF VEHICLES.—The Chief Financial Officer of
the District of Columbia 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 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; 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 location.
(c) No officer or employee of the District of Columbia govern-
ment (including any independent agency of the District but
excluding the Office of the Chief Technology Officer, the Chief
Financial Officer of the District of Colubmia, 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 government until the officer or employee has con-
ducted 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 procurement of the goods
and services involved under the Federal supply schedule and other
applicable 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 Education, or its
successor, and DCPS shall assess or evaluate a student who
H. R. 2944—30
may have a disability and who may require special education
services; and
(2) if a student is classified as having a disability, as
defined in section 101(a)(1) of the Individuals 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 student in an
appropriate program of special education services.
SEC. 122. (a) COMPLIANCE WITH BUY AMERICAN ACT.—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) SENSE
OF
THE
CONGRESS; REQUIREMENT
REGARDING
NOTICE.—
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PROD-
UCTS.—In the case of any equipment or product that may
be authorized to be purchased with financial assistance pro-
vided 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 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 inten-
tionally affixed a label bearing a ‘‘Made in America’’ inscription,
or any inscription 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, pursuant
to the debarment, suspension, and ineligibility procedures described
in sections 9.400 through 9.409 of title 48, Code of Federal Regula-
tions.
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, in coordination with the Chief Finan-
cial Officer of the District of Columbia, 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 statement a
comparison of audited actual year-end results with the revenues
submitted in the budget document for such year and the appro-
priations 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 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 which seeks to require Congress