H. J. Res. 2—113
(b) None of the local funds contained in this Act may be avail-
able for obligation or expenditure for an agency through a transfer
of any local funds from one appropriation heading to another unless
the Committees on Appropriations of the House of Representatives
and Senate are notified in writing 30 days in advance of the
transfer, except that in no event may the amount of any funds
transferred exceed 4 percent of the local funds in the appropriation.
SEC. 110. Consistent with the provisions of section 1301(a)
of title 31, United States Code, appropriations under this Act shall
be applied only to the objects for which the appropriations were
made except as otherwise provided by law.
SEC. 111. Notwithstanding any other provisions of law, the
provisions of the District of Columbia Government Comprehensive
Merit Personnel Act of 1978 (D.C. Law 2–139; D.C. Official Code,
sec. 1–601.01 et seq.), enacted pursuant to section 422(3) of the
District of Columbia Home Rule Act (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.
SEC. 112. No later than 30 days after the end of the first
quarter of fiscal year 2003, the Mayor of the District of Columbia
shall submit to the Council of the District of Columbia and the
Committees on Appropriations of the House of Representatives and
Senate the new fiscal year 2003 revenue estimates as of the end
of such quarter. These estimates shall be used in the budget request
for fiscal year 2004. 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. 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, but only if the determination
as to whether to invoke the competitive bidding process has been
made in accordance with duly promulgated rules and procedures
and 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 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 sequestration by such Act.
(b) For purposes of the Balanced Budget and Emergency Deficit
Control Act of 1985, the term ‘‘program, project, and activity’’ shall
be synonymous with and refer specifically to each account appro-
priating 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
H. J. Res. 2—114
not be applied to any account that is specifically exempted from
sequestration by the Balanced Budget and Emergency Deficit Con-
trol Act of 1985.
SEC. 115. (a)(1) An entity of the District of Columbia govern-
ment may accept and use a gift or donation during fiscal year
2003 and any subsequent fiscal year if—
(A) the Mayor approves the acceptance and use of the
gift or donation (except as provided in paragraph (2)); and
(B) the entity uses the gift or donation to carry out its
authorized functions or duties.
(2) The Council of the District of Columbia and the District
of Columbia courts may accept and use gifts without prior approval
by the Mayor.
(b) Each entity of the District of Columbia government shall
keep accurate and detailed records of the acceptance and use of
any gift or donation under subsection (a), and shall make such
records available for audit and public inspection.
(c) 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) 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 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. (a) Notwithstanding any other provision of this Act,
the Mayor, in consultation with the Chief Financial Officer of the
District of Columbia 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) 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.
H. J. Res. 2—115
(c) No amount may be obligated or expended from the general
fund or other funds of the District of Columbia government in
anticipation of the approval or receipt of a grant under subsection
(b)(2) or in anticipation of the approval or receipt of a Federal,
private, or other grant not subject to such subsection.
(d) 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 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 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 in the case of—
(1) an officer or employee of the Metropolitan Police Depart-
ment 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 Serv-
ices Department who resides in the District of Columbia and
is on call 24 hours a day;
(3) the Mayor of the District of Columbia; and
(4) the Chairman of the Council of the District of Columbia.
(b) The Chief Financial Officer of the District of Columbia
shall submit by March 1, 2003 an inventory, as of September
30, 2002, 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.
SEC. 121. No officer or employee of the District of Columbia
government (including any independent agency of the District of
Columbia, but excluding the Office of the Chief Technology Officer,
the Office of the Chief Financial Officer of the District of Columbia,
and the Metropolitan Police Department) may enter into an agree-
ment 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 conducted an analysis of how the procurement
of the goods and services involved under the applicable regulations
and procedures of the District government would differ from the
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. 122. None of the funds contained in this Act may be
used for purposes of the annual independent audit of the District
of Columbia government for fiscal year 2003 unless—
H. J. Res. 2—116
(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. 123. (a) 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 assist-
ance for any petition drive or civil action which seeks to require
Congress to provide for voting representation in Congress for the
District of Columbia.
(b) Nothing in this section bars the District of Columbia Cor-
poration Counsel from reviewing or commenting on briefs in private
lawsuits, or from consulting with officials of the District government
regarding such lawsuits.
SEC. 124. (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. 125. 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 of Columbia)
who has not filed a certification with the Mayor and the Chief
Financial Officer of the District of Columbia that the officer under-
stands 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. The
Chief Financial Officer of the District of Columbia shall provide
to the Committees on Appropriations of the House of Representa-
tives and Senate 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. 126. (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. 127. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from addressing