[House Report 107-321]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 107-321
======================================================================
MAKING APPROPRIATIONS FOR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA
AND OTHER ACTIVITIES CHARGEABLE IN WHOLE OR IN PART AGAINST REVENUES
OF SAID DISTRICT FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2002, AND
FOR OTHER PURPOSES
_______
December 5, 2001.--Ordered to be printed
_______
Mr. Knollenberg, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany H.R. 2944]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
2944) ``making appropriations for the government of the
District of Columbia and other activities chargeable in whole
or in part against revenues of said District for the fiscal
year ending September 30, 2002, and for other purposes'',
having met, after full and free conference, have agreed to
recommend and do recommend to their respective Houses as
follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
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, to be
deposited into a dedicated account, for a nationwide program to
be administered by the Mayor, for District of Columbia resident
tuition support, $17,000,000, to remain available until
expended: Provided, That such funds, including any interest
accrued thereon, 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 tuition at public
institutions of higher education, or to pay up to $2,500 each
year at eligible private institutions of higher education:
Provided further, That the awarding of such funds may be
prioritized on the basis of a resident's academic merit, the
income and need of eligible students and such other factors as
may be authorized: Provided further, That the District of
Columbia government shall establish a dedicated account for the
Resident Tuition Support Program that shall consist of the
Federal funds appropriated to the Program in this Act and any
subsequent appropriations, any unobligated balances from prior
fiscal years, and any interest earned in this or any fiscal
year: Provided further, That the account shall be under the
control of the District of Columbia Chief Financial Officer who
shall use those funds solely for the purposes of carrying out
the Resident Tuition Support Program: Provided further, That
the Resident Tuition Support Program Office and the Office of
the Chief Financial Officer shall provide a quarterly financial
report to the Committees on Appropriations of the Senate and
House of Representatives for these funds showing, by object
class, the expenditures made and the purpose therefor: Provided
further, That not more than seven percent of the total amount
appropriated for this program may be used for administrative
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 October 19, 2000 (D.C. Law 13-172), as amended,
except for section 3808: Provided further, That $1,000,000 of
said amount shall be used for the establishment of a
scholarship fund for District of Columbia children of adoptive
families, and District of Columbia children without parents due
to the September 11, 2001 terrorist attack to be used for post
high school education and training.''.
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, $500,000.
Federal Payment to the Capitol Education Fund
For a Federal payment to the Capitol Education Fund,
$500,000.
Federal Payment to the Metropolitan Kappa Youth Development Foundation,
Inc.
For a Federal payment to the Metropolitan Kappa Youth
Development Foundation, Inc., $450,000.
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 Examiner,
$585,000 for reduction in the backlog of autopsies, case
reports and for the purchase of toxicology and histology
equipment.
Federal Payment to the Youth Life Foundation
For a Federal payment to the Youth Life Foundation,
$250,000 for technical assistance, operational expenses, and
establishment of a National Training Institute.
Federal Payment to Food and Friends
For a Federal payment to Food and Friends, $2,000,000 for
their Capital Campaign.
Federal Payment to the City Administrator
For a Federal payment to the City Administrator, $300,000
for the Criminal Justice Coordinating Council for the District
of Columbia.
Federal Payment to Southeastern University
For a Federal payment to Southeastern University, $500,000
for a public/private partnership with the District of Columbia
Public Schools at the McKinley Technology High School campus.
Federal Payment to the District of Columbia Public Schools
For a Federal payment to the District of Columbia Public
Schools, $2,500,000, of which $2,000,000 shall be to implement
the Voyager Expanded Learning literacy program in kindergarten
and first grade classrooms in the District of Columbia Public
Schools; $250,000 shall be for the Failure Free Reading
literacy program for non-readers and special education
students; and $250,000 for Lightspan, Inc. to implement the
eduTest.com program in the District of Columbia Public Schools.
Federal Payments for District of Columbia and Federal Law Enforcement
Mobile Wireless Interoperability Project
For Federal payments in support of the District of Columbia
and the Federal law enforcement Mobile Wireless
Interoperability Project, $1,400,000, of which $400,000 shall
be for a payment to the District of Columbia Office of the
Chief Technology Officer, $333,334 shall be for a payment to
the United States Secret Service, $333,333 shall be for a
payment to the United States Capitol Police, and $333,333 shall
be for a payment to the United States Park Police: Provided,
That each agency shall participate in the preparation of a
joint report to the Committees on Appropriations of the Senate
and the House of Representatives to be submitted no later than
March 30, 2002 on the allocation of these resources and a
description of each agencies' resource commitment to this
project for fiscal year 2003.
Federal Payment for Emergency Planning and Security Costs in the
District of Columbia
For a Federal payment to the District of Columbia for
emergency planning and security costs and to reimburse the
District for certain security expenses related to the presence
of the Federal Government in the District of Columbia,
$16,058,000: Provided, That $12,652,000 shall be made available
immediately to the District of Columbia Emergency Management
Agency for planning, training, and personnel costs required for
development and implementation of the emergency operations plan
for the District of Columbia, to be submitted to the
appropriate Federal agencies: Provided further, That a detailed
report of actual and estimated expenses incurred shall be
provided to the Committees on Appropriations of the Senate and
the House of Representatives no later than June 15, 2002:
Provided further, That $3,406,000 of such amount shall be made
available immediately for reimbursement of fiscal year 2001
expenses incurred by the District of Columbia for equipment
purchased for providing security for the planned meetings in
September 2001 of the World Bank and the International Monetary
Fund in the District of Columbia: Provided further, That the
Mayor and the Chairman of the Council of the District of
Columbia shall develop, in consultation with the Director of
the Office of Personnel Management, the United States Secret
Service, the United States Capitol Police, the United States
Park Police, the Washington Metropolitan Area Transit
Authority, regional transportation authorities, the Federal
Emergency Management Agency, the Governor of the State of
Maryland and the Governor of the Commonwealth of Virginia, the
county executives of contiguous counties of the region and the
respective state and local law enforcement entities in the
region an integrated emergency operations plan for the District
of Columbia in cases of national security events, including
terrorist threats, protests, or other unanticipated events:
Provided further, That such plan shall include a response to
attacks or threats of attacks using biological or chemical
agents: Provided further, That the city shall submit this plan
to the Committees on Appropriations of the Senate and the House
of Representatives no later than January 2, 2002: Provided
further, That the Chief Financial Officer of the District of
Columbia shall provide quarterly reports to the Committees on
Appropriations on the use of the funds under this heading,
beginning not later than April 2, 2002.
Federal Payment to the Chief Financial Officer of the District of
Columbia
For a Federal payment to the Chief Financial Officer of the
District of Columbia, $8,300,000, of which $2,250,000 shall be
for payment for a pilot project to demonstrate the ``Active
Cap'' river cleanup technology on the Anacostia River; $500,000
shall be for payment to theWashington, D.C. Sports and
Entertainment Commission which, in coordination with the U.S. Soccer
Foundation, shall use the funds for environmental and infrastructure
costs at Kenilworth Park in the creation of the Kenilworth Regional
Sports Complex; $600,000 shall be for payment to the One Economy
Corporation, a non-profit organization, to increase Internet access to
low-income homes in the District of Columbia; $500,000 shall be for
payment to the Langston Project for the 21st Century, a community
revitalization project to improve physical education and training
facilities; $1,000,000 shall be for payment to the Green Door Program,
for capital improvements at a community mental health clinic; $500,000
shall be for payment to the Historical Society of Washington, for
capital improvements to the new City Museum; $200,000 for a payment to
Teach for America DC, for teacher development; $350,000 for payment to
the District of Columbia Safe Kids Coalition, to promote child
passenger safety through the Child Occupant Protection Initiative;
$50,000 for payment for renovations at Eastern Market; $1,000,000 shall
be for payment to the Excel Institute Adult Education Program to be
used by the Institute for construction and to acquire construction
services provided by the General Services Administration on a
reimbursable basis; $300,000 shall be for payment to the Woodlawn
Cemetery for restoration of the Cemetery; $250,000 shall be for payment
to the Real World Schools concerning 21st Century reform models for
secondary education and the use of technology to support learning in
the District of Columbia; $300,000 shall be for payment to a mentoring
program and for hotline services; $250,000 shall be for payment to a
youth development program with a character building curriculum; and
$250,000 shall be for payment to a basic values training program.
Federal Payment to the District of Columbia Corrections Trustee
Operations
For salaries and expenses of the District of Columbia
Corrections Trustee, $30,200,000 for the administration and
operation of correctional facilities and for the administrative
operating costs of the Office of the Corrections Trustee, as
authorized by section 11202 of the National Capital
Revitalization and Self-Government Improvement Act of 1997
(Public Law 105-33; 111 Stat. 712) of which $1,000,000 is to
fund an initiative to improve case processing in the District
of Columbia criminal justice system, $500,000 to remain
available until September 30, 2003 for building renovations or
space acquisition required to accommodate functions transferred
from the Lorton Correctional Complex, and $1,500,000 to remain
available until September 30, 2003, to be transferred to the
appropriate agency for the closing of the sewage treatment
plant and the removal of underground storage tanks at the
Lorton Correctional Complex: Provided, That notwithstanding any
other provision of law, funds appropriated in this Act for the
District of Columbia Corrections Trustee shall be apportioned
quarterly by the Office of Management and Budget and obligated
and expended in the same manner as funds appropriated for
salaries and expenses of other Federal agencies.
Federal Payment to the District of Columbia Courts
For salaries and expenses for the District of Columbia
Courts, $112,180,000, to be allocated as follows: for the
District of Columbia Court of Appeals, $8,003,000, of which not
to exceed $1,500 is for official reception and representation
expenses; for the District of Columbia Superior Court,
$66,091,000, of which not to exceed $1,500 is for official
reception and representation expenses; for the District of
Columbia Court System, $31,594,000, of which not to exceed
$1,500 is for official reception and representation expenses;
and $6,492,000 for capital improvements for District of
Columbia courthouse facilities: Provided, That notwithstanding
any other provision of law, all amounts under this heading
shall be apportioned quarterly by the Office of Management and
Budget andobligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal agencies, with
payroll and financial services to be provided on a contractual basis
with the General Services Administration (GSA), said services to
include the preparation of monthly financial reports, copies of which
shall be submitted directly by GSA to the President and to the
Committees on Appropriations of the Senate and House of
Representatives, the Committee on Governmental Affairs of the Senate,
and the Committee on Government Reform of the House of Representatives:
Provided further, That funds made available for capital improvements
may remain available until September 30, 2003.
Administrative Provisions
Section 11-1722(a), District of Columbia Code, is amended
in the first sentence by striking ``, subject to the
supervision of the Executive Officer''.
Section 11-1723(a)(3), District of Columbia Code, is
amended by striking ``and the internal auditing of the accounts
of the courts''.
crime victims compensation fund
(a) Treatment of Unobligated Balances.--Section 16(d) of
the Victims of Violent Crime Compensation Act of 1996 (sec. 4-
515(d), D.C. Official Code), as amended by section 403 of the
Miscellaneous Appropriations Act, 2001 (as enacted into law by
section 1(a)(4) of the Consolidated Appropriations Act, 2001),
is amended--
(1) by striking ``in excess of $250,000'';
(2) by striking ``and approved by'' and inserting
``which is submitted to''; and
(3) by striking ``and not less than 80 percent''
and all that follows and inserting the following:
``except that under such plan--
``(1) 50 percent of such balance shall be used for
direct compensation payments to crime victims through
the Fund under this section and in accordance with this
Act; and
``(2) 50 percent of such balance shall be used for
outreach activities designed to increase the number of
crime victims who apply for such direct compensation
payments.''.
(b) Limit on Use of Amounts for Administrative Expenses.--
Section 16(e) of such Act (sec. 4-515(e), D.C. Official Code),
as amended by section 202(d) of the Fiscal Year 2001 Budget
Support Act of 2000 (D.C. Law 13-172), is amended to read as
follows:
``(e) All compensation payments and attorneys' fees awarded
under this Act shall be paid from, and subject to, the
availability of monies in the Fund. Not more than 5 percent of
the total amount of monies in the Fund may be used to pay
administrative costs necessary to carry out this Act.''.
(c) Effective Date.--The amendments made by this section
shall take effect as if included in the enactment of section
403 of the Miscellaneous Appropriations Act, 2001.
payments for representation of indigents
(a) Services of Counsel.--
(1) In general.--Section 11-2604, District of
Columbia Code, is amended--
(A) in subsection (a), by striking ``$50''
and inserting ``$65''; and
(B) in subsection (b)--
(i) by striking ``$1300'' each
place it appears and inserting
``$1900'', and
(ii) by striking ``$2450'' each
place it appears and inserting
``$3600''.
(2) Neglect and parental rights termination
proceedings.--Section 16-2326.01(b), District of
Columbia Code, is amended--
(A) by striking ``$1,100'' each place it
appears and inserting ``$1,600'';
(B) in paragraph (3), by striking
``$1,500'' and inserting ``$2,200''; and
(C) in paragraph (4), by striking ``$750''
and inserting ``$1,100''.
(b) Services of Investigators, Experts, and Others.--
Section 11-2605, District of Columbia Code, is amended--
(1) by redesignating subsections (b) and (c) as
subsections (c) and (d); and
(2) by inserting after subsection (a) the following
new subsection:
``(b) Subject to the applicable limits described in
subsections (c) and (d), an individual providing services under
this section shall be compensated at a fixed rate of $25 per
hour, and shall be reimbursed for expenses reasonably
incurred.''.
(c) Effective Date.--The amendments made by this
provision shall apply with respect to cases and
proceedings initiated on or after March 1, 2002.
Section 11-2604, District of Columbia Code, is amended:
(1) in subsection (a), by striking ``50'' and
inserting ``75''; and
(2) in subsection (b)--
(A) by striking ``1300'' each time it
appears and inserting ``1900'';
(B) by striking ``2450'' each time it
appears and inserting ``3600''.
Federal Payment for Family Court Act
For carrying out the District of Columbia Family Court Act
of 2001, $24,016,000, of which $23,316,000 shall be for the
Superior Court of the District of Columbia and $700,000 shall
be for the Mayor of the District of Columbia of which $200,000
shall be for completion of a plan by the Mayor on integrating
the computer systems of the District of Columbia government
with the Family Court of the Superior Court of the District of
Columbia: Provided, That the Mayor shall submit a plan to the
President and the Congress within six months of enactment of
that Act, so that social services and other related services to
individuals and families serviced by the Family Court of the
Superior Court and agencies of the District of Columbia
government (including the District of Columbia Public Schools,
the District of Columbia Housing Authority, the Child and
Family Services Agency, the Office of the Corporation Counsel,
the Metropolitan Police Department, the Department of Health,
and other offices determined by the Mayor) will be able to
access and share information on the individuals and families
served by the Family Court: Provided further, That $500,000 of
such amount provided to the Mayor shall be for the Child and
Family Services Agency to be used for social workers to
implement Family Court reform: Provided further, That the chief
judge of the Superior Court shall submit the transition plan
for the Family Court of the Superior Court as required under
the District of Columbia Family Court Act of 2001 to the
Comptroller General (in addition to any other requirements
under such section): Provided further, That the Comptroller
General shall prepare and submit to the President and Congress
an analysis of the contents and effectiveness of the plan,
including an analysis of whether the plan contains all of the
information required under such section within 30 calendar days
after the submission of the plan by the Superior Court:
Provided further, That the funds provided under this heading to
the Superior Court shall not be made available until the
expiration of the 30-day period (excluding Saturdays, Sundays,
legal public holidays, and any day on which neither House of
Congress is in session because of an adjournment sine die, a
recess of more that 3 days, or an adjournment of more than 3
days) which begins on the date the Comptroller General submits
such analysis to the President and Congress: Provided further,
That the Mayor shall prepare and submit to the President,
Congress, and the Comptroller General a plan for the use of the
funds provided to the Mayor under this heading, consistent with
the requirements of the District of Columbia Family Court Act
of 2001, including the requirement to integrate the computer
systems of the District government with the computer systems of
the Superior Court: Provided further, That the Comptroller
General shall prepare and submit to the President and Congress
an analysis of the contents and effectiveness of the plan
within 30 calendar days after the submission of the plan by the
Mayor: Provided further, That the funds provided under this
heading to the Mayor shall not be made available until the
expiration of the 30-day period (excluding Saturdays, Sundays,
legal public holidays, and any day on which neither House of
Congress is in session because of an adjournment sine die, a
recess of more than 3 days, or an adjournment of more than 3
days) which begins on the date the Comptroller General submits
such plan to the President and Congress.
Defender Services in District of Columbia Courts
For payments authorized under section 11-2604 and section
11-2605, D.C. Official Code (relating to representation
provided under the District of Columbia Criminal Justice Act),
payments for counsel appointed in proceedings in the Family
Division of the Superior Court of the District of Columbia
under chapter 23 of title 16, D.C. Code, and payments for
counsel authorized under section21-2060, D.C. Code (relating to
representation provided under the District of Columbia Guardianship,
Protective Proceedings, and Durable Power of Attorney Act of 1986),
$34,311,000, to remain available until expended: Provided, That the
funds provided in this Act under the heading ``Federal Payment to the
District of Columbia Courts'' (other than the $6,492,000 provided under
such heading for capital improvements for District of Columbia
courthouse facilities) may also be used for payments under this
heading: Provided further, That in addition to the funds provided under
this heading, the Joint Committee on Judicial Administration in the
District of Columbia shall use funds provided in this Act under the
heading ``Federal Payment to the District of Columbia Courts'' (other
than the $6,492,000 provided under such heading for capital
improvements for District of Columbia courthouse facilities), to make
payments described under this heading for obligations incurred during
any fiscal year: Provided further, That of the amounts provided in
previous fiscal years for payments described under this heading which
remain unobligated as of the date of the enactment of this Act,
$4,685,500 shall be used by the Joint Committee on Judicial
Administration for design and construction expenses of the courthouse
at 451 Indiana Avenue NW: Provided further, That of the remainder of
such amounts, such sums as may be necessary shall be applied toward the
portion of the amount provided under this heading which is attributable
to increases in the maximum amounts which may be paid for
representation services in the District of Columbia courts: Provided
further, That funds provided under this heading shall be administered
by the Joint Committee on Judicial Administration in the District of
Columbia: Provided further, That notwithstanding any other provision of
law, this appropriation shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same manner as
funds appropriated for expenses of other Federal agencies, with payroll
and financial services to be provided on a contractual basis with the
General Services Administration (GSA), said services to include the
preparation of monthly financial reports, copies of which shall be
submitted directly by GSA to the President and to the Committees on
Appropriations of the Senate and House of Representatives, the
Committee on Governmental Affairs of the Senate, and the Committee on
Government Reform of the House of Representatives.
Federal Payment to the Court Services and Offender Supervision Agency
for the District of Columbia
(including transfer of funds)
For salaries and expenses, including the transfer and hire
of motor vehicles, of the Court Services and Offender
Supervision Agency for the District of Columbia, as authorized
by the National Capital Revitalization and Self-Government
Improvement Act of 1997 (Public Law 105-33; 111 Stat. 712),
$147,300,000, of which $13,015,000 shall remain available until
expended for construction expenses at new or existing
facilities, and of which not to exceed $2,000 is for official
receptions related to offender and defendant support programs;
of which $94,112,000 shall be for necessary expenses of
Community Supervision and Sex Offender Registration, to include
expenses relating to supervision of adults subject to
protection orders or provision of services for or related to
such persons; $20,829,000 shall be transferred to the Public
Defender Service; and $32,359,000 shall be available to the
Pretrial Services Agency: Provided, That notwithstanding any
other provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget
and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal
agencies: Provided further, That notwithstanding chapter 12 of
title 40, United States Code, the Director may acquire by
purchase, lease, condemnation, or donation, and renovate as
necessary, Building Number 17, 1900 Massachusetts Avenue,
Southeast, Washington, District of Columbia, or such other site
as the Director of the Court Services and Offender Supervision
Agency may determine as appropriate 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 donationunder the
previous proviso, and shall make such records available for audit and
public inspection.
Federal Payment to the Children's National Medical Center
For a Federal payment to the Children's National Medical
Center in the District of Columbia, $5,500,000, of which
$5,000,000 shall be for capital and equipment improvements, and
$500,000 shall be used for the network of satellite pediatric
health clinics for children and families in underserved
neighborhoods and communities in the District of Columbia.
St. Coletta of Greater Washington Expansion Project
For a Federal contribution to St. Coletta of Greater
Washington, Inc. for costs associated with the establishment of
a day program and comprehensive case management services for
mentally retarded and multiple-handicapped adolescents and
adults in the District of Columbia, including property
acquisition and construction, $2,000,000.
Federal Payment to Faith and Politics Institute
For a Federal payment to the Faith and Politics Institute,
$50,000, for grass roots-based racial sensitivity programs in
the District of Columbia.
Federal Payment to the Thurgood Marshall Academy Charter School
For a Federal payment to the Thurgood Marshall Academy
Charter School, $1,000,000 to be used to acquire and renovate
an educational facility in Anacostia.
Federal Payment to the George Washington University Center for
Excellence in Municipal Management
For a Federal payment to the George Washington University
Center for Excellence in Municipal Management, $250,000 to
increase the enrollment of managers from the District of
Columbia government.
Court Appointed Special Advocates
For a Federal payment to the District of Columbia Court
Appointed Special Advocates Unit, $250,000 to be used to expand
its work in the Family Court of the District of Columbia
Superior Court.
Administrative Provision
Of the Federal funds made available in the District of
Columbia Appropriations Act, 2001, Public Law 106-522 for the
Metropolitan Police Department (114 Stat. 2441), $100,000 for
the police mini-station shall remain available for the purposes
intended until September 30, 2002: Provided, That the
$1,000,000 made available in such Act for the Washington
Interfaith Network (114 Stat. 2444) shall remain available for
the purposes intended until December 31, 2002: Provided
further, That $3,450,000 made available in such Act for
Brownfield Remediation (114 Stat. 2445), shall remain available
until expended.
DISTRICT OF COLUMBIA FUNDS
OPERATING EXPENSES
Division of Expenses
The following amounts are appropriated for the District of
Columbia for the current fiscal year out of the general fund of
the District of Columbia, except as otherwise 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 section 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 Columbia for fiscal year 2002 under this heading
shall not exceed the lesser of the sum of the total revenues of
the District of Columbia for such fiscal year or $6,048,160,000
(of which $124,163,000 shall be from intra-District funds and
$3,574,493,000 shall be from local funds): Provided further,
That this amount may be increased by proceeds of one-time
transactions, which are expended for emergency or unanticipated
operating or capital needs: Provided further, That such
increases shall be approved by enactment of local District law
and shall comply with all reserve requirements contained in the
District of Columbia Home Rule Act as amended by this Act:
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 reprogram for operating expenses any funds
derived from bonds, notes, or other obligations issued for
capital projects.
Governmental Direction and Support
Governmental direction and support, $286,138,000 (including
$229,421,000 from local funds, $38,809,000 from Federal funds,
and $17,908,000 from other funds): 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
expenses of the debt management program of the District of
Columbia: Provided further, That no revenues fromFederal
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 Admission to Statehood from its own locally-generated
revenues: 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 delegated small purchase authority shall be
$500,000: Provided 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 government, for purchases that do not exceed $500,000:
Provided further, That not less than $353,000 shall be available to the
Office of the Corporation Counsel to support 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 Office of the Corporation Counsel:
Provided further, That of all funds in the District of Columbia
Antitrust Fund established pursuant to section 2 of the District of
Columbia Antitrust Act of 1980 (D.C. Law 3-169; D.C. Official Code
Sec. 28-4516) an amount not to exceed $386,000, of all funds in the
Antifraud Fund established pursuant to section 820 of the District of
Columbia Procurement Practices Act of 1985, effective February 21, 1986
(D.C. Law 6-85; D.C. Official Code 2-308.20) an amount not to exceed
$10,000, and of all funds in the District of Columbia Consumer
Protection Fund established pursuant to section 1402 of the District of
Columbia Budget Support Act for fiscal year 2001 (D.C. Law 13-172; D.C.
Official Code Sec. 28-3911) an amount not to exceed $233,000, are
hereby made available for the use of the Office of the Corporation
Counsel of the District of Columbia until September 30, 2003, in
accordance with the statutes that established these funds.
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 Columbia 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 Improvement Districts Amendment Act of 1997
(D.C. Law 12-26; D.C. Official Code, sec. 2-1215.15 et seq.):
Provided, That such funds are available for acquiring services
provided by the General Services Administration: Provided
further, That Business Improvement Districts shall be exempt
from taxes levied by the District of Columbia: Provided
further, That the Department of Consumer and Regulatory Affairs
shall use $50,000 of the receipts from the net proceeds from
the contractor that handles the District's occupational and
professional licensing to fund additional staff and equipment
for the Rental Housing Administration: Provided further, That
the Department of Consumer and Regulatory Affairs shall
transfer up to $293,000 from other funds resulting from the
lapse of personnel vacancies, caused by transferring DCRA
employees into NSO positions without filling the resultant
vacancies, into the revolving 5-513 fund to be used to
implement the provisions in D.C. Law 13-281, the Abatement and
Condemnation of Nuisance Properties Omnibus Amendment Act of
2000, pertaining to the prevention of the demolition by neglect
of historic properties: Provided further, That the fees
established and collected pursuant to Law 13-281 shall be
identified, and an accounting provided, to the District of
Columbia Council's Committee on Consumer and Regulatory
Affairs: Provided further, That 18 percent of the annual total
amount in the 5-513 fund, up to $500,000, deposited into the 5-
513 fund on an annual basis, be used to implement section 102
and other related sections of D.C. Law 13-281.
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 appropriation for the
Chief of Police for the prevention and detection 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 expenses incurred in connection with
services that are performed 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 payable for these services by the Mayor and the Commanding
General of the District of Columbia National Guard: Provided
further, That such sums as may be necessary forreimbursement 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 emergency
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, $1,108,665,000 (including
$896,994,000 from local funds, $185,044,000 from Federal funds,
and $26,627,000 from other funds), to be allocated as follows:
$813,042,000 (including $661,124,000 from local funds,
$144,630,000 from Federal funds, and $7,288,000 from other
funds), for the public schools of the District of Columbia;
$47,370,000 (including $19,911,000 from local funds,
$26,917,000 from Federal funds, $542,000 from other funds), for
the State Education Office, $17,000,000 from local funds,
previously appropriated in this Act as a Federal payment, and
such sums as may be derived from interest earned on funds
contained in the dedicated account established by the Chief
Financial Officer of the District of Columbia, for resident
tuition support at public and private institutions of higher
learning for eligible District of Columbia residents; and
$142,257,000 from local funds for public charter schools:
Provided, That there shall be quarterly 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: Provided 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
funding formula, the funds shall be available for public
education in accordance with the School Reform Act of 1995
(Public Law 104-134; D.C. Official Code, sec. 38-
1804.03(b)(e)(A)): Provided further, That $480,000 of this
amount shall be available to the District of Columbia Public
Charter School Board for administrative costs: Provided
further, That section 161 of the District of Columbia
Appropriations Act, 2001 (Public Law 106-522; 114 Stat. 2483,
2484), is amended, as if included in the Act--
(1) by striking ``not later than 1 year after the
date of the enactment of the District of Columbia
Appropriations Act, 2001,'';
(2) by inserting ``revolving'' after
``enhancement'' in the second sentence of paragraph
(2)(B), in the heading of paragraph (3), and in
paragraph (3)(A); and
(3) by striking ``10 percent'' and inserting ``5
percent'':
Provided further, That the cap on administrative costs as
amended by section 161 of the District of Columbia
Appropriations Act, 2001 (Public Law 106-522; 114 Stat. 2484),
is amended by striking ``10 percent'' and inserting ``5
percent'': Provided 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
$400,000 shall be available for Enhancing and Actualizing
Internationalism and Multiculturalism in the Academic Programs
of the University of the District of Columbia: Provided
further, That $1,277,500 shall be paid by the Chief Financial
Officer to the Excel Institute for operations as follows:
$277,500 to cover debt owed by the University of the District
of Columbia for services rendered shall be paid to the Excel
Institute within 15 days of enactment of this Act; and
$1,000,000 for fiscal year 2002 shall be paid to the Excel
Institute in equal quarterly installments within 15 days of the
beginning of each quarter: Provided further, That not less than
$200,000 for Adult Education: Provided further, That
$27,256,000 (including $26,030,000 from local funds, $560,000
from Federal funds and $666,000 other funds) for the Public
Library: Provided further, That the $1,007,000 enhancement
shall be allocated such that $500,000 is used for facilities
improvements for 8 of the 26 library branches, $235,000 for 13
FTEs for the continuation of the Homework Helpers Program,
$143,000 for 2 FTEs in the expansion of the Reach Out And Read
(ROAR) service to licensed day care homes, and $129,000 for 3
FTEs to expand literacy support into branch libraries: 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 Librarian shall be available from this appropriation for
official purposes: Provided further, That none of the funds
contained in this Act may be made available to pay thesalaries
of any District of Columbia Public School teacher, principal,
administrator, official, or employee who knowingly 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. Official Code, sec.
38-201 et seq.): Provided further, That this appropriation shall not be
available to subsidize the education 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 tuition to
the District of Columbia at a rate that covers 100 percent of the costs
incurred by the District of Columbia which are attributable to the
education of the nonresident (as established by the Superintendent of
the District 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 Columbia 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 institutions of higher
education in the metropolitan area: Provided further, That
notwithstanding any other provision 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 collective
bargaining purposes: Provided further, That the District of Columbia
Public Schools shall spend $1,200,000 to implement D.C. Teaching
Fellows Program in the District's public schools: Provided further,
That notwithstanding the amounts otherwise provided under this heading
or any other provision of law, there shall be appropriated to the
District of Columbia public charter schools 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 District of Columbia Appropriations Act, 2003:
Provided further, That notwithstanding the amounts otherwise provided
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 District of Columbia Public Schools under the
District of Columbia Appropriations Act, 2003: Provided further, That
the first paragraph under the heading ``Public Education System'' in
Public Law 107-20, approved July 24, 2001, is amended to read as
follows: ``For an additional amount for `Public Education System',
$1,000,000 from local funds to remain available until September 30,
2002, for the State Education Office for a census-type audit of the
student enrollment of each District of Columbia Public School and of
each public charter school and $12,000,000 from local funds for the
District of Columbia Public Schools to conduct the 2001 summer school
session.''.
Human Support Services
(including transfer of funds)
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): Provided, That
$27,986,000 of this appropriation, to remain available until
expended, shall be available solely for District of Columbia
employees' disability compensation: Provided further, That
$90,000,000 transferred pursuant to the District of Columbia
Appropriations Act, 2001 (Public Law 106-522) to the Public
Benefit Corporation for restructuring shall be made available
to the Department of Health's Health Care Safety Net
Administration for the purpose of restructuring the delivery of
health services in the District of Columbia and shall remain
available until expended for obligation during fiscal year
2002: Provided further, That no less than $7,500,000 of this
appropriation, to remain available until expended, shall be
deposited in the Addiction Recovery Fund established pursuant
to section 5 of the Choice in Drug Treatment Act of 2000,
effective July 8, 2000 (D.C. Law 13-146; D.C. Official Code,
sec. 7-3004), and used solely for the purpose of the Drug
Treatment Choice Program established pursuant to section 4 of
the Choice in Drug Treatment Act of 2000 (D.C. Official Code,
sec. 7-3003): 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 further, That no less than
$2,000,000 of this appropriation shall be used solely to
establish, by contract, a 2-year pilot 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 noless than $2,150,000
be available for a pilot Interim Disability Assistance program pursuant
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-carrying
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 this
appropriation shall not be available for collecting ashes or
miscellaneous refuse from hotels and places of business:
Provided further, That no less than $650,000 be available for a
mechanical alley sweeping program: Provided further, That no
less than $6,400,000 be available for residential parking
enforcement: Provided further, That no less than $100,000 be
available for a General Counsel to the Department of Public
Works: Provided further, That no less than $3,600,000 be
available for ticket processing: Provided further, That no less
than 14 residential parking control aides or 10 percent of the
residential parking control force be available for night time
enforcement of out-of-state tags: Provided further, That of the
total of 3,000 additional parking meters being installed in
commercial districts and in commercial loading zones none be
installed at loading zones, or entrances at apartment buildings
and none be installed in residential neighborhoods: Provided
further, That no less than $262,000 be available for taxicab
enforcement activities: Provided further, That no less than
$241,000 be available for a taxicab driver security revolving
fund: Provided further, That no less than $30,084,000 in local
appropriations be available to the Division of Transportation,
within the Department of Public Works: Provided further, That
no less than $12,000,000 in rights-of-way fees shall be
available for the Local Roads, Construction and Maintenance
Fund: Provided further, That funding for a proposed separate
Department of Transportation is contingent upon Council
approval of a reorganization plan: Provided further, That no
less than $313,000 be available for handicapped parking
enforcement: Provided further, That no less than $190,000 be
available for the Ignition Interlock Device Program: Provided
further, That no less than $473,000 be available for the Motor
Vehicle Insurance Enforcement Program: Provided further, That
$11,000,000 of this appropriation 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 2001 budgeted reserve
or where the Chief Financial Officer certifies that additional
local revenues are available: Provided further, That $1,550,000
made available under the District of Columbia Appropriations
Act, 2001 (Public Law 106-522) for taxicab driver security
enhancements in the District of Columbia shall remain available
until September 30, 2002.
Receivership Programs
For all agencies of the District of Columbia government
under court ordered receivership, $403,868,000 (including
$250,515,000 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, $120,000,000 from
local funds.
Reserve Relief
For reserve relief, $30,000,000, for the purpose of
spending funds made available through the reduction from
$150,000,000 to $120,000,000 in the amount required for the
budget reserve established by section 202(j)(1) of the District
of Columbia Financial Responsibility and Management Assistance
Act of 1995, Public Law 104-8: Provided, That $12,000,000 shall
be available to the District of Columbia Public Schools and
District of Columbia Public Charter Schools for educational
enhancements: Provided further, That $18,000,000 shall be
available pursuant to a local District law: Provided further,
That of the $30,000,000, funds shall only be expended upon: (i)
certification by the Chief Financial Officer of the District of
Columbia that the funds are available and not required to
address potential deficits, (ii) enactment of local District
law detailing the purpose for the expenditure, and (iii) prior
notification by the Mayor to the Committees on Appropriations
of both the Senate and House of Representatives in writing 30
days in advance of any such expenditure: Provided further, That
the $18,000,000 provided pursuant to local law shall be
expended only when the Emergency Reserve established pursuant
to section 450A(a) of the District of Columbia Home Rule Act
(Public Law 93-198; D.C. Official Code, sec. 1-204.50a(a)), has
a minimum balance in the amount of $150,000,000.
Emergency and Contingency Reserve Funds
For the Emergency and Contingency Reserve Funds established
under section 450A of the District of Columbia Home Rule Act
(Public Law 93-198; D.C. Official Code, sec. 1-204.50a(b)), the
Mayor may deposit the proceeds required pursuant to section
159(a) of Public Law 106-522 and section 404(c) of Public Law
106-554 in the Contingency Reserve Fund beginning in fiscal
year 2002 if the minimum emergency reserve balance requirement
established in section 450A(c) has been met.
Repayment of Loans and Interest
For payment of principal, interest, and certain fees
directly resulting from borrowing by the District of Columbia
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; 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 equipment leases, the Mayor
may finance $14,300,000 of equipment 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 further, That $4,440,000 shall be for
the Fire and Emergency Medical Services Department, $2,010,000
shall be for the Department of Parks and Recreation, and
$7,850,000 shall be for the Department of Public Works:
Provided further, That no less than $533,000 be available for
trash transfer capital debt service.
Emergency Assistance Loan Guarantees
Notwithstanding any other provision of law, the District of
Columbia is hereby authorized to make any necessary payments
related to the ``District of Columbia Emergency Assistance Act
of 2001'': Provided, That the District of Columbia shall use
local funds for any payments under this heading: Provided
further, That the Chief Financial Officer shall certify the
availability of such funds, and shall certify that such funds
are not required to address budget shortfalls in the District
of Columbia: Provided further, That the Director the Office of
Management and Budget shall develop with the Chief Financial
Officer of the District of Columbia an estimate of the
liability incurred by the District of Columbia in implementing
such Act: Provided further, That the District of Columbia shall
implement such Act consistent with the recommendations made by
the Office of Management and Budget and the Federal Credit
Reform Act: Provided further, That the District of Columbia
budget for fiscal year 2003 and future years shall include an
amount for potential loan repayment consistent with the
liability requirements recommended by the Office of Management
and Budget.
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 section 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 and Security Costs
For an emergency operations plan, implementation of the
emergency operations plan, and reimbursement of fiscal year
2001 expenses incurred by the District of Columbia for
equipment purchased for providing security for 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, of which $12,652,000 shall be
made available immediately to the District of Columbia
Emergency Management Agencyfor planning, training and personnel
costs required for development and implementation of the emergency
operations plan for the District of Columbia.
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 interest in and
to the Master Settlement Agreement, and consistent with the
Tobacco Settlement Trust Fund Establishment Act of 1999 (D.C.
Official Code, sec. 7-1811.01(a)(2) et seq.) and the Tobacco
Settlement Financing Act of 2000 (D.C. Official Code, sec. 7-
1831.03 et seq.), there is transferred the amount available
pursuant thereto and Section 404(c) of Public Law 106-554, not
less than $33,254,000, to the Emergency and Contingency Reserve
Funds established pursuant to section 450A of the District of
Columbia Home Rule Act (Public Law 93-198; D.C. Official Code,
sec. 1-204.50a(a)).
Non-Departmental Agency
To account for anticipated costs that cannot be allocated
to specific agencies during the development of the proposed
budget including anticipated employee health insurance 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 ($17,953,000 payable to the
District's debt service fund and $26,291,000 payable for other
debt service).
For construction projects, $152,114,000, in the following
capital programs: $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 program, $10,182,000 for the
capital equipment program: 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 account shall apply to projects
approved under this appropriation account.
Administrative Provision
billings for water and sewer authority services provided to the federal
government
(a) Providing Estimates to Secretary of the Treasury and
Department Heads.--
(1) Sanitary sewer services.--Section 212(b)(2) of
the District of Columbia Public Works Act of 1954 (sec.
34-2112(b)(2), D.C. Official Code) is amended by
inserting after ``the Office of Management and
Budget,'' the following: ``the Secretary of the
Treasury, and the head of each of the respective
Federal departments, independent establishments, and
agencies,''.
(2) Water services.--Section 106(b)(2) of such Act
(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
Treasury, and the head of each of the respective
Federal departments, independent establishments, and
agencies,''.
(3) Clarification of treatment of arlington
national cemetery.--Chapter 11 of title II of the
Supplemental Appropriations Act, 2001 (Public Law 107-
20; 115 Stat. 188) is amended in the item relating to
``INDEPENDENT AGENCIES--Department of Defense--Civil--
Cemeterial Expenses, Army--salaries and expenses'' by
striking the colon at the end of the second proviso and
inserting the following: ``, except that nothing in
this proviso may be construed to affect the
determination of the amounts required to be paid for
such services under sections 212(b) and 106(b) of the
District of Columbia Public Works Act of 1954 (sec. 34-
2401.25(b) and sec. 34-2112(b), D.C. Official Code) or
to waive the requirement under such sections for the
Secretary of Defense to pay such amounts to the
District of Columbia:''.
(b) Requiring Federal Departments to Grant Access To
Authority for Reading and Testing Water Meters.--
(1) In general.--Section 106(a) of the District of
Columbia Public Works Act of 1954 (sec. 34-2401.25(a),
D.C. Official Code) is amended by inserting before the
last sentence the following: ``As an additional
condition of service, the department, agency, or
establishment which is responsible for the maintenance
of any such meter shall provide the Mayor (acting
through the District of Columbia Water and Sewer
Authority) with such access to the meter as the Mayor
may require to measure the actual usage of the
department, agency, or establishment (including any entity
under the jurisdiction of the department, agency, or
establishment) for purposes of making the adjustments to
annual estimates required under subsection (b)(2)(A).''.
(2) Permitting authority to install meters.--If a
department, independent establishment, or agency of the
United States which uses water and water services from
the District of Columbia water supply system has not
installed a suitable meter at each point of Federal
connection to the system to control and record the use
of water through each such connection (as required
under section 106(a) of the District of Columbia Public
Works Act of 1954) as of the expiration of the 60-day
period which begins on the date of the enactment of
this Act--
(A) the District of Columbia Water and
Sewer Authority shall install such a meter or
meters (and incidental vaults, valves, piping
and recording devices, and such other equipment
as the Authority deems necessary) not later
than 60 days after the expiration of such
period; and
(B) the department, independent
establishment, or agency shall pay the
Authority promptly (but in no case later than
30 days after the Authority submits a bill) for
the costs incurred in installing the meter and
equipment.
(c) Clarification of Responsibility of Federal Departments
To Allocate Billings and Collect Amounts From Individual
Offices.--
(1) Sanitary sewer services.--Section 212 of the
District of Columbia Public Works Act of 1954 (sec. 34-
2112, D.C. Official Code) is amended by adding at the
end the following new subsection:
``(c) Nothing in this section may be construed to require
the District of Columbia to seek payment for sanitary sewer
services directly from any Federal entity which is under the
jurisdiction of a department, independent establishment, or
agency which is required to make a payment for such services
under this section, or to allocate any amounts charged for such
services among the entities which are under the jurisdiction of
any such department, independent establishment, or agency. Each
Federal department, independent establishment, and agency
receiving sanitary sewer services from the District of Columbia
shall be responsible for allocating billings for such services
among entities under the jurisdiction of the department,
establishment, or agency, and shall be responsible for
collecting amounts from such entities for any payments made to
the District of Columbia under this section.''.
(2) Water services.--Section 106 of the District of
Columbia Public Works Act of 1954 (sec. 34-2401.25,
D.C. Official Code) is amended by adding at the end the
following new subsections:
``(c) Nothing in this section may be construed to require
the District of Columbia to seek payment for water services
directly from any Federal entity which is under the
jurisdiction of a department, independent establishment, or
agency which is required to make a payment for such services
under this section, or to allocate any amounts charged for such
services among the entities which are under the jurisdiction of
any such department, independent establishment, or agency. Each
Federal department, independent establishment, and agency
receiving water from the District of Columbia shall be
responsible for allocating billings for such services among
entities under the jurisdiction of the department,
establishment, or agency, and shall be responsible for
collecting amounts from such entities for any payments made to
the District of Columbia under this section.
``(d) In the case of water services provided to a
department, independent establishment, or agency in Virginia
through the Federally owned water main system, if the total of
the metered amounts billed for all individual users of the
system (as measured by the meters for each individual user) is
less than the total amount as measured by the meters at the
delivery points into the system at the Francis Scott Key
Bridge, the District government shall collect, and the
Secretary of Defense shall pay, the difference to the District
government in accordance with the requirements for collecting
and making payments under this section.''.
(d) Effective Date.--This section and the amendments made
by this section shall apply with respect to fiscal year 2002
and each succeeding fiscal year.
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 Appropriation Act, 1982
(95 Stat. 1174, 1175; Public Law 97-91), for the purpose of
implementing the Law to Legalize Lotteries, 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 operations or activities of the Lottery and Charitable
Games Control Board.
Sports and Entertainment Commission
For the Sports and Entertainment Commission, $9,627,000
(including $2,177,000 to be derived by transfer from the
general fund of the District of Columbia and $7,450,000 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 30,
2001: Provided further, That the Mayor shall submit a budget
for the Armory Board for the forthcoming fiscal year as
required by section 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, established
by section 121 of the District of Columbia Retirement 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, investment, and other fees and
administrative expenses of the District of Columbia Retirement
Board: Provided, That the District of Columbia Retirement Board
shall provide 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 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: Provided,
That funds for use of each capital project implementing agency
shall be managed and controlled in accordance with all
procedures and limitations established under the Financial
Management System: Provided further, That all funds provided by
this appropriation title shall be available only for the
specific projects and purposes intended: Provided further, That
the capital budget for the Department of Health shall not be
available until the District of Columbia Council's Committee on
Human Services receives a report on the use of any capital
funds for projects on the grounds of D.C. General Hospital:
Provided further, That notwithstanding the foregoing, all
authorizations for capital outlay projects, except those
projects covered by the first sentence 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: Provided further,
That except for funds approved in the budgets prior to the
fiscal year 2002 budget and FL-MA2 in the fiscal year 2002
Budget Request, no funds may be expended to renovate,
rehabilitate or construct any facility within the boundaries of
census tract 68.04 for any purpose associated with the D.C.
Department of Corrections, the CSOSA, or the federal Bureau of
Prisons unit until March 31, 2002 or until such time as the
Mayor shall present to the Council for its approval, a plan for
the development of census tract 68.04 south of East Capitol
Street, S.E., and the housing of any misdemeanants, felons, ex-
offenders, or persons awaiting trial within the District of
Columbia, whichever occurs earlier: Provided further, That none
of the conditions set forth in this paragraph shall interfere
with the current operations of any Federal agency: Provided
further, That none of the conditions set forth shall restrict
the ongoing operations of the Department of Corrections.
GENERAL PROVISIONS
Sec. 101. Whenever in this Act, an amount is specified
within an appropriation for particular purposes or objects of
expenditure, such amount, unless otherwise specified, 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 available 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 of Columbia, funds may be expended with
the authorization 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 legal settlements or
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 District of
Columbia Income and Franchise Tax Act of 1947 (70 Stat. 78;
Public Law 84-460; D.C. 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
educational institutions, the compensation of personnel, or for
other educational purposes may be used to permit, encourage,
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 of the
District of Columbia government whose name, title, grade, and
salary are not available for inspection by the House and Senate
Committees on Appropriations, the House Committee on Government
Reform, the Senate Committee on Governmental Affairs, and the
Council of the District of Columbia, or their duly authorized
representative.
Sec. 107. (a) Except as provided in subsection (b), no part
of this appropriation shall be used for publicity or propaganda
purposes or implementation of any policy including boycott
designed to support or defeat legislation pending before
Congress or any State legislature.
(b) The District of Columbia may use local funds provided
in this Act to carry out lobbying activities on any matter
other than--
(1) the promotion or support of any boycott; or
(2) statehood for the District of Columbia or
voting representation in Congress for the District of
Columbia.
(c) Nothing in this section may be construed to prohibit
any elected official from advocating with respect to any of the
issues referred to in subsection (b).
Sec. 108. 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 reasonable 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. 109. (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 expenditure for an agency through a
reprogramming offunds which: (1) creates new programs; (2)
eliminates a program, project, or responsibility center; (3)
establishes or changes allocations specifically denied, limited or
increased by Congress in this Act; (4) increases funds or personnel by
any means for any program, project, or responsibility center for which
funds have been denied or restricted; (5) reestablishes through
reprogramming any program or project previously deferred through
reprogramming; (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
transfer of any local funds from one appropriation heading to
another unless the Committees on Appropriations of the Senate
and House of Representatives are notified in writing 30 days in
advance of the transfer, except that in no event may the amount
of any funds transferred exceed four percent of the local funds
in the appropriation.
Sec. 110. 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. 111. (a) 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 (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 Technology Officer.--
Section 2706(b) of the District of Columbia 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 ``Director 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 Agreements.--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 Technology Officer, general and
administrative costs shall include 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 subject to the review of the
City Administrator, including a consideration of standards used
to calculate general, administrative, and overhead costs for
off-site employees found in Federal law and regulation and in
general private industry practice).''.
(3) Reporting Requirement.--Section 2706 of such Act is
amended--
(A) by redesignating subsection (f) as subsection
(g); and
(B) by inserting after subsection (e) the following
new subsection:
``(f) Not later than 45 days after the end of each fiscal
year (beginning with fiscal year 2002), the Chief Technology
Officer shall prepare and submit to the Council and to the
Committees on Appropriations of the House of Representatives
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) The authority which the Chief Financial Officer of the
District of Columbia exercised with respect to personnel,
procurement, and the preparation of fiscal impact statements
during a control period (as defined in Public Law 104-8) shall
remain in effect through July 1, 2002.
(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. 2-303.3), 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 competitive bidding process has been made in
accordance with duly promulgated rules and procedures 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
sequestration 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
(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
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) 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 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 information regarding such grant; and
(2) the Council within 15 calendar days after
receipt of the report submitted under (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
anticipation of the approval or receipt of a grant under
subsection (b)(2) 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 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 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
government (including any independent agency of the District
but excluding the Office of the Chief Technology Officer, the
Chief Financial Officer of the District of Columbia, 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 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. 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 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
products.--In the case of any equipment or product that
may be authorized to be purchasedwith financial
assistance provided 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 intentionally
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 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, in coordination with the
Chief Financial 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 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
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 to provide for voting representation in
Congress for the District of Columbia.
Sec. 125. (a) None of the funds contained in this Act may
be used for any program of distributing sterile needles or
syringes for the hypodermic injection of any illegal drug.
(b) Any individual or entity who receives any funds
contained in this Act and who carries out any program described
in subsection (a) shall account for all funds used for such
program separately from any funds contained in this Act.
Sec. 126. None of the funds contained in this Act may be
used after the expiration of the 60-day period that begins on
the date of the enactment of this Act to pay the salary of any
chief financial officer of any office of the District of
Columbia government (including any independent agency of the
District) who has not filed a certification with the Mayor and
the Chief Financial Officer of the District of Columbia that
the officer understands the duties and restrictions applicable
to the officer and the officer's agency as a result of this Act
(and the amendments made by this Act), including any duty to
prepare a report requested either in the Act or in any of the
reports accompanying the Act and the deadline by which each
report must be submitted, and the District's Chief Financial
Officer shall provide to the Committees on Appropriations of
the Senate and the House of Representatives by the 10th day
after the end of each quarter a summary list showing each
report, the due date and the date submitted to the Committees.
Sec. 127. (a) None of the funds contained in this Act may
be used to enact or carry out any law, rule, or regulation to
legalize or otherwise reduce penalties associated with the
possession, use, or distribution of any schedule I substance
under the Controlled Substances Act (21 U.S.C. 802) or any
tetrahydrocannabinols derivative.
(b) The Legalization of Marijuana for Medical Treatment
Initiative of 1998, also known as Initiative 59, approved by
the electors of the District of Columbia on November 3, 1998,
shall not take effect.
Sec. 128. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from
addressing the issue of the provision of contraceptive coverage
by health insurance plans, but it is the intent of Congress
that any legislation enacted on such issue should include a
``conscience clause'' which provides exceptions for religious
beliefs and moral convictions.
prompt payment of appointed counsel
Sec. 129. (a) Assessment of Interest for Delayed
Payments.--If the Superior Court of the District of Columbia or
the District of Columbia Court of Appeals does not make a
payment described in subsection (b) prior to the expiration of
the 45-day period which begins on thedate the Court receives a
completed voucher for a claim for the payment, interest shall be
assessed against the amount of the payment which would otherwise be
made to take into account the period which begins on the day after the
expiration of such 45-day period and which ends on the day the Court
makes the payment.
(b) Payments Described.--A payment described in this
subsection is--
(1) a payment authorized under section 11-2604 and
section 11-2605, D.C. Code (relating to representation
provided under the District of Columbia Criminal
Justice Act);
(2) a payment for counsel appointed in proceedings
in the Family Division of the Superior Court of the
District of Columbia under chapter 23 of title 16, D.C.
Code; or
(3) a payment for counsel authorized under section
21-2060, D.C. Code (relating to representation provided
under the District of Columbia Guardianship, Protective
Proceedings, and Durable Power of Attorney Act of
1986).
(c) Standards for Submission of Completed Vouchers.--The
chief judges of the Superior Court of the District of Columbia
and the District of Columbia Court of Appeals shall establish
standards and criteria for determining whether vouchers
submitted for claims for payments described in subsection (b)
are complete, and shall publish and make such standards and
criteria available to attorneys who practice before such
Courts.
(d) Rule of Construction.--Nothing in this section shall be
construed to require the assessment of interest against any
claim (or portion of any claim) which is denied by the Court
involved.
(e) Effective Date.--This section shall apply with respect
to claims received by the Superior Court of the District of
Columbia or the District of Columbia Court of Appeals during
fiscal year 2002, and claims received previously that remain
unpaid at the end of fiscal year 2001, and would have qualified
for interest payment under this section.
Federal Contribution for Enforcement of Law Banning Possession of
Tobacco Products by Minors
Sec. 130. (a) Contribution.--There is hereby appropriated a
Federal contribution of $100,000 to the Metropolitan Police
Department of the District of Columbia, effective upon the
enactment by the District of Columbia of a law which reads as
follows:
``ban on possession of tobacco products by minors
``Section 1. (a) In General.--It shall be unlawful for any
individual under 18 years of age to possess any cigarette or
other tobacco product in the District of Columbia.
``(b) Exceptions.--
``(1) Possession in course of employment.--
Subsection (a) shall not apply with respect to an
individual making a delivery of cigarettes or tobacco
products in pursuance of employment.
``(2) Participation in law enforcement operation.--
Subsection (a) shall not apply with respect to an
individual possessing products in the course of a
valid, supervised law enforcement operation.
``(c) Penalties.--Any individual who violates subsection
(a) shall be subject to the following penalties:
``(1) For any violation, the individual may be
required to perform community service or attend a
tobacco cessation program.
``(2) Upon the first violation, the individual
shall be subject to a civil penalty not to exceed $50.
``(3) Upon the second and each subsequent
violation, the individual shall be subject to a civil
penalty not to exceed $100.
``(4) Upon the third and each subsequent violation,
the individual may have his or her driving privileges
in the District of Columbia suspended for a period of
90 consecutive days.''.
(b) Use of Contribution.--The Metropolitan Police
Department shall use the contribution made under subsection (a)
to enforce the law referred to in such subsection.
Sec. 131. The Mayor of the District of Columbia shall
submit to the Senate and House Committees on Appropriations,
the Senate Governmental Affairs Committee, and the House
Government Reform Committee quarterly reports addressing the
following issues: (1) crime, including the homicide rate,
implementation of community policing, the number of police
officers on local beats, and the closing down of open-air drug
markets; (2) access to drug abuse treatment, including the
number of treatment slots, the number of people served, the
number of people on waiting lists, and the effectiveness of
treatment programs; (3) management of parolees and pre-trial
violent offenders, including the number of halfway house
escapes and steps taken to improve monitoring and supervision
of halfway house residents to reduce the number of escapes to
be provided in consultation with the Court Services and
Offender Supervision Agency; (4) education, including access to
special education services and student achievement to be
provided in consultation with the District of Columbia Public
Schools; (5) improvement in basic District services, including
rat control and abatement; (6) application for and management
of Federal grants, including the number and type of grants for
which the District was eligible but failed to apply and the
number and type of grants awarded to the District but for which
the District failed to spend the amounts received; and (7)
indicators of child well-being.
Sec. 132. Nothing in this Act bars the District of Columbia
Corporation Counsel from reviewing or commenting on briefs in
private lawsuits, or from consulting with officials of the
District government regarding such lawsuits.
reserve funds
Sec. 133. (a) In General.--Section 202(j) of Public Law
104-8, the District of Columbia Financial Responsibility and
Management Assistance Act of 1995 is amended to read as
follows:
``(j) Reserve Funds.--
``(1) Budget reserve.--
``(A) In general.--For each of the fiscal
years 2002 and 2003, the budget of the District
government for the fiscal year shall contain a
budget reserve in the following amounts:
``(i) $120,000,000, in the case of
fiscal year 2002.
``(ii) $70,000,000, in the case of
fiscal year 2003.
``(B) Availability of funds.--Any amount
made available from the budget reserve
described in subparagraph (A) shall remain
available until expended.
``(C) Availability of fiscal year 2001
budget reserve funds.--For fiscal year 2001,
any amount in the budget reserve shall remain
available until expended.
``(2) Cumulative cash reserve.--In addition to any
other cash reserves required under section 450A of the
District of Columbia Home Rule Act, for each of the
fiscal years 2004 and 2005, the budget of the District
government for the fiscal year shall contain a
cumulative cash reserve of $50,000,000.
``(3) Conditions on use.--The District of Columbia
may obligate or expend amounts in the budget reserve
under paragraph (1) or the cumulative cash reserve
under paragraph (2) only in accordance with the
following conditions:
``(A) The Chief Financial Officer of the
District of Columbia shall certify that the
amounts are available.
``(B) The amounts shall be obligated or
expended in accordance with laws enacted by the
Council in support of each such obligation or
expenditure.
``(C) The amounts may not be used to fund
the agencies of the District of Columbia
government under court ordered receivership.
``(D) The amounts may be obligated or
expended only if the Mayor notifies the
Committees on Appropriations of the House of
Representatives and Senate in writing 30 days
in advance of any obligation or expenditure.
``(4) Replenishment.--Any amount of the budget
reserve under paragraph (1) or the cumulative cash
reserve under paragraph (2) which is expended in one
fiscal year shall be replenished in the following
fiscal year appropriations to maintain the required
balance.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect October 1, 2001.
(c) Conforming Amendments.--Section 159(c) of the District
of Columbia Appropriations Act, 2001 (Public Law 106-522; 114
Stat. 2482) is amended to read as follows:
``(c) Effective Date.--
``(1) In general.--Except as provided in paragraph
(2), this section and the amendments made by this
section shall take effect on October 1, 2000.
``(2) Repeal of positive fund balance
requirement.--The amendment made by subsection (b)(2)
shall take effect October 1, 1999.
``(3) Transfer of funds.--All funds identified by
the District government pursuant to section 148 of
Public Law 106-113, as reflected in the certified
annual financial report for fiscal year 2000, shall be
deposited during fiscal year 2002 into the Emergency
and Contingency Reserve Funds established pursuant to
Section 159 of Public Law 106-522, during fiscal year
2002.''.
(d) Contingency Reserve Fund.--Section 450A(b) of the Home
Rule Act (Public Law 93-198) is amended--
(1) by striking paragraph (1) and inserting the
following:
``(1) In general.--There is established a
contingency cash reserve fund (in this subsection
referred to as the `contingency reserve fund') as an
interest-bearing account (separate from other accounts
in the General Fund) into which the Mayor shall deposit
in cash not later than October 1 of each fiscal year
(beginning with fiscal year 2002) such amount as may be
required to maintain a balance in the fund of at least
3 percent of the total budget appropriated for
operating expenditures for such fiscal year which is
derived from local funds (or, in the case of fiscal
years prior to fiscal year 2007, such amount as may be
required to maintain a balance in the fund of at least
the minimum contingency reserve balance for such fiscal
year, as determined under paragraph (2)).''; and
(2) by striking subparagraph (B) of paragraph (2)
and inserting the following:
``(B) Applicable percentage defined.--In
subparagraph (A), the `applicable percentage'
with respect to a fiscal year means the
following:
``(i) For fiscal year 2002, 0
percent.
``(ii) For fiscal year 2003, 0
percent.
``(iii) For fiscal year 2004, 0
percent.
``(iv) For fiscal year 2005, 1
percent.
``(v) For fiscal year 2006, 2
percent.''.
Sec. 134. Integrated Product Team. No funds appropriated by
this Act shall be available for an Integrated Product Team
until reorganization plans for the Integrated Product Team and
a Capital Construction Services Administration have been
approved, or deemed approved, by the Council: Provided, That
this paragraph shall not apply to funds appropriated for the
Office of Contracting and Procurement.
Sec. 135. No later than 30 calendar days after the date of
the enactment of this Act, the Chief Financial Officer of the
District of Columbia shall submit to the appropriate committees
of Congress, the Mayor, and the Council a revised appropriated
funds operating budget in the format of the budget that the
District of Columbia government submitted pursuant to section
442 of the District of Columbia Home Rule Act (Public Law 93-
198; D.C. Official Code, sec. 1-204.42), for all agencies of
the District of Columbia government for such fiscal year that
is in the total amount of the approved appropriation and that
realigns all budgeted data for personal services and other-
than-personal-services, respectively, with anticipated actual
expenditures.
Sec. 136. Section 403 of the District of Columbia Home Rule
Act, approved December 24, 1973 (Public Law 93-198; D.C.
Official Code, sec. 1-204.03), is amended as follows:
(1) Subsection (c) is amended by striking ``shall
receive, in addition to the compensation to which he is
entitled as a member of the Council, $10,000 per annum,
payable in equal installments, for each year he serves
as Chairman, but the Chairman''.
(2) A new subsection (d) is added to read as
follows:
``(d) Notwithstanding subsection (a), as of the effective
date of the District of Columbia Appropriations Act, 2001, the
Chairman shall receive compensation, payable in equal
installments, at a rate equal to $10,000 less than the annual
compensation of the Mayor.''.
Sec. 137. Risk Management for Settlements and Judgments. In
addition to any other authority to pay claims and judgments,
any department, agency, or instrumentality of the District
government may pay the settlement or judgment of a claim or
lawsuit in an amount less than $10,000, in accordance with the
Risk Management for Settlements and Judgments Amendment Act
of2000, effective October 19, 2000 (D.C. Law 13-172; D.C. Official Code
Sec. 2-402).
Sec. 138. Notwithstanding section 602(c)(1) of the District
of Columbia Home Rule Act (sec. 1-206(c)(1), D.C. Code), the
Closing of Portions of 2nd and N Streets, N.E. and Alley System
in Square 710, S.O. 00-97, Act of 2001 (D.C. Act 14-106) shall
take effect on the date of the enactment of such Act or the
date of the enactment of this Act, whichever is later.
Sec. 139. None of the funds contained in this Act may be
used to issue, administer, or enforce any order by the District
of Columbia Commission on Human Rights relating to docket
numbers 93-030-(PA) and 93-031-(PA).
Sec. 140. (a) Notwithstanding 20 U.S.C. Sec. 1415, 42
U.S.C. Sec. 1988, 29 U.S.C Sec. 794a, or any other law, none of
the funds appropriated under this Act, or in appropriations
Acts for subsequent fiscal years, may be made available to pay
attorneys' fees accrued prior to the effective date of this Act
that exceeds a cap imposed on attorneys' fees by prior
appropriations Acts that were in effect during the fiscal year
when the work was performed, or when payment was requested for
work previously performed, in an action or proceeding brought
against the District of Columbia Public Schools under the
Individuals with Disabilities Education Act (20 U.S.C.
Sec. 1400 et seq.).
(b) No later than 60 days after the date of enactment of
this Act, the Superintendent of Schools for the District of
Columbia shall submit to the Committees on Appropriations for
the Senate and the House of Representatives a written report
for each of the fiscal years 1999, 2000, and 2001, detailing a
complete itemized list, by year, of the judgments for
attorneys' fees awarded to plaintiffs who prevailed in cases
brought against the District of Columbia or the District of
Columbia Public Schools under section 615(i)(3) of the
Individuals with Disabilities Education Act (20 U.S.C.
1415(i)(3)). Such report shall specify: (1) the amount of each
judgment; (2) the total amount paid on each judgment as of the
date of the report; (3) the principal balance remaining due on
each such judgment as of the date of the report, the amount of
interest due as of December 31, 2001 on each unpaid amount; and
the prospective annual rate of interest applicable to the
judgment as of January 1, 2002; (4) the name of the Court and
case number for each judgment; (5) the aggregate total due in
principal and interest on the judgments; and (6) the amount
paid by the District of Columbia, in each case listed, to
defense counsel representing the District or the District of
Columbia Public Schools.
Sec. 141. The Comptroller General, in consultation with the
relevant agencies and members of the Committees on
Appropriations Subcommittees on the District of Columbia, shall
submit by March 31, 2002 a report to the Committees on
Appropriations of the House and the Senate and the Committee on
Governmental Affairs of the Senate and the Committee on
Government Reform of the House of Representatives detailing the
awards in judgment rendered in the District of Columbia that
were in excess of the cap imposed by prior appropriations Acts
in effect during the fiscal year when the work was performed,
or when payment was requested for work previously performed, in
actions brought against the District of Columbia Public Schools
under the Individuals with Disabilities Education Act (20
U.S.C. Sec. 1400 et seq.): Provided, That such report shall
include a comparison, to the extent practicable, of the causes
of action and judgments rendered against public school
districts of comparable demographics and population as the
District.
This Act may be cited as the ``District of Columbia
Appropriations Act, 2002''.
And the Senate agree to the same.
Joe Knollenberg,
Ernest Istook,
John T. Doolittle,
John E. Sweeney,
David Vitter,
Bill Young,
Chaka Fattah,
Alan B. Mollohan,
Managers on the Part of the House.
Mary L. Landrieu,
Jack Reed,
Daniel K. Inouye,
Mike DeWine,
Ted Stevens,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 2944) 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, submit the following joint
statement to the House and the Senate in explanation of the
effect of the actions agreed upon by the managers and
recommended in the accompanying conference report.
The conference agreement on the District of Columbia
Appropriations Act, 2002, incorporates some of the provisions
of both the House and Senate versions of the bill. The language
and allocations set forth in House Report 107-216 and Senate
Report 107-85 should be complied with unless specifically
addressed in the accompanying bill and statement of the
managers to the contrary. The agreement agreed to herein, while
repeating some report language for emphasis, does not negate
the language reference above unless expressly provided. General
provisions which are identical in the House and Senate passed
versions of H.R. 2944 are unchanged by the conference agreement
and are approved unless provided to the contrary herein.
A summary chart appears later in this statement just
before the explanations of the general provisions showing the
Federal appropriations by account and the allocation of
District funds by agency or office under each appropriation
title showing the fiscal year 2001 appropriation, the fiscal
year 2002 request, the House and Senate recommendations and the
conference allowance.
Federal Funds
Federal Payment for Resident Tuition Support
The conference agreement includes language requiring the
Federal payment for resident tuition support be deposited into
a dedicated account with any interest accrued to be used on
behalf of eligible District of Columbia residents. The
conference action requires quarterly financial reports from the
Chief Financial Officer on the use of resident tuition funds
and limits administrative expenses to seven percent of the
total amount appropriated herein rather than allowing
administrative expenses to be charged again on carryover
amounts.
The conferees recognize and appreciate the important role
of Historically Black Colleges and Universities (HBCUs) in
educating citizens of the District of Columbia. Therefore,
conferees urge the prompt expansion of the District of
Columbia's Tuition Assistance Grant Program to make those
students attending HBCUs outside of the District of Columbia,
Maryland and Virginia eligible for grant assistance.
Federal Payment for Incentives for Adoption of Children
The conference agreement has approved extending the
availability until September 30, 2002 of the $5,000,000
approved in Public Law 106-113 dated November 29, 1999 for this
program. The conference action provides that $1,000,000 be used
for the establishment of a scholarship fund for post high
school education and training for District children of adoptive
families as well as for District children without parents due
to the September 11, 2001 terrorist attack. The language also
allows the funds to be used to fund programs included in
amendments made by title 22 of the District's FY 2002 Budget
Support Act to the Adoption Support Fund.
The conferees encourage the Mayor to use funds made
available to create incentives to promote the adoption of
children in the District of Columbia foster care system,
including $2,000,000 for attorney fees and home studies,
$1,000,000 for establishment of a private adoptive family
resource center in the District to provide ongoing information,
education and support to adoptive families, and $1,000,000 for
adoption incentives and support for children with special
needs.
Federal Payment to the Capitol City Career Development and Job Training
Partnership
Appropriates $500,000 for a Federal payment to the
Capitol City Career Development and Job Training Partnership as
proposed by the House.
Federal Payment to Capitol Education Fund
Appropriates $500,000 to the Capitol Education Fund.
Federal Payment to Metropolitan Kappa Youth Development Foundation,
Inc.
Appropriates $450,000 to the Metropolitan Kappa Youth
Development Foundation, Inc.
Federal Payment to the Fire and Emergency Medical Services Department
Appropriates $500,000 to the Fire and Emergency Medical
Services Department for dry docking of the fire boat as
proposed by the House.
Federal Payment to the Chief Medical Examiner
Appropriates $585,000 for the Chief Medical Examiner for
reduction in the backlog of autopsies, case reports and for the
purchase of toxicology and histology equipment as proposed by
the House.
Federal Payment to the Youth Life Foundation
Appropriates $250,000 to the Youth Life Foundation for
technical assistance, operation expenses, and establishment of
a National Training Institute as proposed by the House.
Federal Payment to Food and Friends
Appropriates $2,000,000 to Food and Friends for their
Capital Campaign as proposed by the House.
Federal Payment to the City Administrator
Appropriates $300,000 to the City Administrator for the
CriminalJustice Coordinating Council for the District of
Columbia as proposed by the House.
Federal Payment to Southeastern University
Appropriates $500,000 to Southeastern University for a
public/private partnership with the District of Columbia Public
Schools at the McKinley Technology High School campus as
proposed by the House instead of $250,000 as proposed by the
Senate.
Federal Payment to the District of Columbia Public Schools
Appropriates $2,500,000 to the District of Columbia
Public Schools of which $2,000,000 is for the Voyager Expanded
Learning Literacy Program in kindergarten and first grade
classrooms, $250,000 is for the Failure Free Reading Literacy
Program for non-readers and special education students and
$250,000 is for Lightspan, Inc. to implement the eduTest.com
program in the public school system.
Federal Payments for District of Columbia and Federal Law Enforcement
Mobile Wireless Interoperability Project
Appropriates $1,400,000 as proposed by the Senate in
support of the District of Columbia and Federal law enforcement
Mobile Wireless Interoperability Project as follows: $400,000
to the District of Columbia Office of the Chief Technology
Officer, $333,334 to the United States Secret Service, $333,333
to the United States Capitol Police, and $333,333 to the United
States Park Police. The conferees expect the Secret Service,
the Park Police, and the Capitol Police to provide additional
funding to continue this project through their own
appropriations or through existing interagency funding pools in
subsequent fiscal years.
Federal Payment for Emergency Planning and Security Costs in the
District of Columbia
Appropriates $16,058,000 for emergency planning and
security costs in the District of Columbia of which $12,652,000
is to be made available immediately to the District's Emergency
Management Agency for planning, training, and personnel costs
required for implementing the emergency operations plan and
$3,406,000 is to be made available immediately for
reimbursement for equipment purchased to provide security for
the planned meetings in September 2001 of the World Bank and
the International Monetary Fund. The conference action requires
the Mayor and the Chairman of the Council of the District of
Columbia, in consultation with the Director of the Office of
Personnel Management, the United States Park Police, the United
States Capitol Police, the Washington Metropolitan Area Transit
Authority, regional transportation authorities, the Federal
Emergency Management Agency, the Governor of the State of
Maryland and the Governor of the Commonwealth of Virginia, the
county executives of the contiguous counties of the regional
and the respective state and local law enforcement entities in
the region, to develop an integrated emergency operations plan
for the District of Columbia in cases of national security
events, including terrorist threats, protests, or other
unanticipated events. The plan is to be submitted to the
Committees on Appropriations of the Senate and House of
Representatives no later than January 2, 2002. In addition, the
Chief Financial Officer is required to provide quarterly
reports on the use of the funds under this heading beginning
not later than April 2, 2002.
Federal Payment to the Chief Financial Officer of the District of
Columbia
Appropriates $8,300,000 instead of $2,350,000 as proposed
by the House and $5,900,000 as proposed by the Senate. The
appropriation includes $1,000,000 for payment to the Excel
Institute Adult Education Program to be used by the Institute
for construction, $300,000 for payment to the Woodlawn Cemetery
for restoration of the Cemetery, $250,000 for payment to the
Real World Schools concerning 21st Century reform models for
secondary education and the use of technology to support
learning in the District of Columbia, $300,000 for payment to a
mentoring program and for hotline services; $250,000 for
payment to a youth development program with character education
initiative; $250,000 for payment to a basic values training in
the local public schools, $2,250,000 for payment for a pilot
project to demonstrate the ``Active Cap'' river cleanup
technology on the Anacostia River, $500,000 for payment to the
Washington, D.C. Sports and Entertainment Commission, which in
coordination with the U.S. Soccer Foundation, shall use the
funds for environmental and infrastructure costs at the
Kenilworth Park in the creation of the Kenilworth Regional
Sport Complex, $600,000 for payment to the One Economy
Corporation to increase Internet access to low-income homes in
the District of Columbia, $500,000 for payment to the Langston
Project for the 21st Century, a community revitalization
project to improve physical education and training facilities,
$1,000,000 for payment to the Green Door Program, for capital
improvements at a community mental health clinic, $500,000 for
payment to the Historical Society of Washington for capital
improvements to the new City Museum; $200,000 to Teach for
America DC for teacher development, $50,000 to the District of
Columbia for initial renovations at Eastern Market, $350,000 to
the District of Columbia Safe Kids Coalition to promote child
passenger safety through the Child Occupant Protection
Initiative. The conferees direct the District's Chief Financial
Officer to make the above payments directly to the
organizations within 30 days of the enactment of this Act. The
conferees do not expect the Chief Financial Officer to
administer these programs or get involved in any way with the
programs except to ensure that the funds are disbursed promptly
and correctly to the proper organizations.
The conferees encourage the District's Chief Financial
Officer to credit amounts reimbursed by the U.S. Marshals
Service for District of Columbia inmates housed in private
contract facilities directly to the District of Columbia
Department of Corrections for payment to a contract bed space
service provider.
Federal Payment to the District of Columbia Corrections Trustee
Operations
Appropriates $30,200,000 instead of $32,700,000 as
proposed by the House and Senate. The reduction consists of
$2,000,000 from building renovations and $500,000 from funds
requested for the closing of the sewage treatment plant and the
removal of underground storage tanks at the Lorton Correctional
Complex.
federal payment to the district of columbia courts
Appropriates $112,180,000 instead of $111,238,000 as
proposed by the House and $140,181,000 as proposed by the
Senate and allocates $66,091,000 as proposed by the House for
Superior Court instead of $72,694,000 as proposed by the
Senate, $31,594,000 for the Court System instead of $31,149,000
as proposed by the House and $31,634,000 as proposed by the
Senate, and $6,492,000 for capital improvements instead of
$5,995,000 as proposed by the House and $27,850,000 as proposed
by the Senate. The conference action deletes the proviso
proposed by the House that would have required approval by the
Committees for the purchase, installation and operation of an
Integrated Justice Information System. The conference action
deletes language proposed by the Senate that would have allowed
the District of Columbia Courts to reallocate not more than
$1,000,000 of funds provided under this heading among the items
and entities funded under such heading. The conference action
transfers the new District of Columbia Family Court to a
separate appropriation heading as proposed by the House instead
of as a proviso under this heading as proposed by the Senate.
administrative provisions
The conference agreement amends D.C. Official Code, sec.
11-1722(a) to remove the Director of Social Services in the
Superior Court from direct supervision of the Executive Officer
as proposed by the Senate.
The conference agreement amends D.C. Official Code, sec.
11-1723(a)(3) to remove the internal auditing of the accounts
of the courts from the fiscal officer as proposed by the
Senate.
Crime victims compensation.--The conference agreement
amends D.C. Official Code, sec. 4-515(d) and (e) concerning the
Victims of Violent Crime Compensation Fund to allow 50 percent
of the estimated balance to be used for direct compensation
payments to crime victims through the Fund and the balance for
outreach activities designed to increase the number of crime
victims who apply for such direct compensation payments. The
language also provides that not more than 5 percent of the
total amount of monies in the Fund may be used to pay
administrative costs.
The District's Chief Financial Officer is directed to
certify that priority is given to crime victim assistance
programs that provide assistance to victims of sexual assault,
domestic violence, or child abuse including but not limited to
abuse counseling, health and mental health services, child
advocacy centers, emergency housing, emergency child care,
transportation, hospital-based informational and referral
services, and family support. The conferees recommend that the
District government make funds available for victim assistance
programs which are aimed at improving the intake, assessment,
screening and investigation of reports of child abuse and
neglect and domestic violence.
The District's Chief Financial Officer is directed to
certify that the program funds awarded to grantees under this
program are used to directly serve victims of crime.
The conference agreement amends D.C. Official Code, sec.
11-2604 to increase the hourly rate for attorneys for indigents
appointed under the Criminal Justice Act (CJA) from $50 per
hour to $65 per hour and increases the rate paid to
investigators from $10 per hour to $25 per hour. The rates are
effective for cases initiated on or after March 1, 2002.
Quality of CJA legal services.--The conferees strongly
urge the D. C. Superior Court to evaluate the quality of the
legal services rendered by lawyers appointed under the Criminal
Justice Act to handle juvenile delinquency cases. The Court is
urged to take immediate, affirmative steps to ensure that
lawyers who lack the requisite training, experience and skill
are not appointed to delinquency cases. The conferees also urge
the Court to adopt a Continuing Legal Education (CLE)
requirement for all lawyers rendering legal services under the
Criminal Justice Act. Such training is critical to improving
the quality of legal representation provided to indigent people
in the District of Columbia and will result in a more cost-
efficient system.
federal payments for family court act
Appropriates $24,016,000 for carrying out the District of
Columbia Family Court Act of 2001 instead of $23,316,000 as
proposed by the House and $23,315,000 as proposed by the
Senate. The increase of $700,000 includes $200,000 for the
completion of a plan by the Mayor on integrating the computer
systems of the District of Columbia government with the Family
Court of the Superior Court and $500,000 to be used by the
Child and Family Services Agency for activities authorized by
the District of Columbia Family Court Act of 2001.
defender services in district of columbia courts
Appropriates $34,311,000 as proposed by the House instead
of $39,311,000 as proposed by the Senate and makes conforming
technical changes. The reduction of $5,000,000 below the Senate
recommendation reflects conference action that requires the use
of unobligated balances to fund the rate increase for
investigators and for attorneys for indigents appointed under
the Criminal Justice Act. The conference agreement also
requires that $4,685,500 for design and construction expenses
of the courthouse at 451 Indiana Avenue, N.W., be paid from
unobligated balances in this account.
federal payment to the court services and offender supervision agency
for the district of columbia
(inlcuding transfer of funds)
The conference agreement allows $2,000 for official
receptions related to the offender and defendant support
programs instead of $1,500 proposed by the House and $5,000
proposed by the Senate. The conference agreement restores the
proviso requiring the Director to keep accurate and detailed
records of the acceptance and use of any gift or donation as
proposed by the House and makes conforming technical changes.
The conference action includes language proposed by the Senate
that allows the Director flexibility in acquiring an
appropriate site to house or supervise offenders and defendants
rather than limiting the Director to a specific site as
proposed in the budget request and proposed by the House. In
any event the site is to be acquired by March 31, 2002.
federal payment to the children's national medical center
Appropriates $5,500,000 to the Children's National
Medical Center of which $500,000 is for completion of a network
of satellite pediatric health clinics for children and families
in underserved neighborhoods and communities in the District of
Columbia and $5,000,000 is for capital and equipment
improvements.
st. coletta of greater washington expansion project
Appropriates $2,000,000 to St. Coletta of Greater
Washington, Inc. instead of $1,000,000 as proposed by the House
for costs associated with the establishment of a day program
and comprehensive case management services for mentally
retarded and multiple handicapped adolescents and adults in the
District of Columbia including property acquisition and
construction.
federal payment to faith and politics institute
Appropriates $50,000 to the Faith and Politics Institute
for grass roots-based racial sensitivity programs in the
District of Columbia as proposed by the House.
federal payment to the thurgood marshall academy charter school
Appropriates $1,000,000 as proposed by the Senate to the
Thurgood Marshall Academy Charter School to be used to acquire
and renovate an educational facility in the Anacostia area of
the District.
federal payment to the george washington university center for
excellence in municipal management
Appropriates $250,000 to the George Washington University
Center for Excellence in Municipal Management as proposed by
the Senate to increase the enrollment of managers from the
District of Columbia government.
court appointed special advocates
Appropriates $250,000 to the District of Columbia Court
Appointed Special Advocates Unit as proposed by the Senate to
be used to expand the Unit's work in the Family Court of the
District of Columbia Superior Court.
administrative provision
The conference agreement allows $100,000 appropriated in
the District of Columbia Appropriations Act, 2001, Public Law
106-522 (114 Stat. 2441) to remain available until September
30, 2002 for the Metropolitan Police Department to fund a youth
safe haven police mini-station for mentoring high risk youth;
$1,000,000 made available in such Act for the Washington
Interfaith Network (114 Stat. 2444) to remain available until
December 31, 2002 for reimbursement of costs incurred in
carrying out preconstruction activities at the former Fort
Dupont Dwellings and Additions, and $3,450,000 for Brownfield
Remediation (114 Stat. 2445) to remain available until expended
for environmental and infrastructure costs at Poplar Point as
proposed by the Senate.
Congressional Research Service
The conferees direct the Congressional Research Service
to analyze the differences and similarities in municipal, state
and national government, including funding, management,
oversight, and the rights of citizens, in the District of
Columbia and ten other comparable national capitals. The
conferees request that the report be submitted to the House and
Senate Committees on Appropriations not later than March 31,
2002.
District of Columbia Funds
division of expenses
Provides that operating expenses for the District of
Columbia for fiscal year 2002 shall not exceed $6,048,160,000
of which $124,163,000 is from intra-District funds and
$3,574,493,000 is from local funds instead of $6,043,881,000 of
which $124,163,000 is from intra-District funds and
$3,571,343,000 is from local funds as proposed by the House and
$6,051,646,000 of which $124,163,000 is from intra-District
funds and $3,553,300,000 is from local funds as proposed by the
Senate. The changes in the amounts reflect actions taken by the
conferees in the funding levels under the various appropriation
headings.
The conference agreement includes a proviso allowing the
ceiling amount to be increased by proceeds of one-time
transactions which are expended for emergency or unanticipated
operating or capital needs and deletes the provision that would
have allowed expenditures above the cap to generate additional
revenues. The conferees encourage the Chief FinancialOfficer to
reprioritize existing resources for this purpose.
Governmental Direction and Support
Appropriates $286,138,000 including $229,421,000 from
local funds, $38,809,000 in Federal funds and $17,908,000 from
other funds instead of $285,359,000 including $229,271,000 from
local funds, $38,809,000 from Federal funds and $17,279,000
from other funds as proposed by the House and $307,117,000
including $228,471,000 from local funds, $61,367,000 from
Federal funds and $17,279,000 from other funds as proposed by
the Senate.
Office of the Mayor.--The conference agreement includes
an increase of $200,000 in Federal funds appropriated earlier
under Federal Payments for Family Court Act for a computer
integration plan for Child and Family Social Services as
proposed by the Senate.
Recycled crumb rubber.--The conferees encourage the
District government to use recycled crumb rubber from tires in
environmentally responsible applications such as roads,
playgrounds, bicycle paths, and parking lots. Last year in the
United States alone 270 million tires were ``retired''. While
it has been reported that 70 percent of the tires were
beneficially utilized, some 30 percent went into landfills.
Tires in landfills create problems that should be minimized or
eliminated. New technology has now allowed tires to be recycled
more economically, producing metals that are recycled and tire
crumb that can be used in numerous applications that provide
added benefits. Rubberized asphalt in road applications has
been reported to last longer and provide lower noise levels.
Mats made from recycled rubber have been known to provide a
safer environment for children in playgrounds. These and other
applications allow for environmentally responsible uses and
minimize the number of tires that may be discarded.
Office of the City Administrator.--The conference
agreement includes an increase of $300,000 in Federal funds
appropriated earlier in this Act for the Criminal Justice
Coordinating Council of the District of Columbia as proposed by
the House. The conferees encourage District officials to
reprogram or transfer funds to augment this program in the
event additional funds are required.
Office of the Chief Technology Officer.--The conference
agreement includes an increase of $400,000 in Federal funds
appropriated earlier in this Act to manage a wireless pilot
project to connect local and Federal law enforcement agencies
in the region as proposed by the Senate instead of $500,000 as
proposed by the House.
Office of the Corporation Counsel.--The conference
agreement includes $386,000 for activities related to the D.C.
Antitrust Act of 1980, $10,000 for Antifraud activities related
to section 820 of the D.C. Procurement Practices Act of 1985,
and $233,000 for the Consumer Protection Fund established
pursuant to section 1402 of the District of Columbia Budget
Support Act for fiscal year 2001.
Office of the Chief Financial Officer.--The conference
agreement includes $50,000 for initial renovations at Eastern
Market from Federal funds appropriated earlier in this Act.
Economic Development and Regulation
The conference agreement includes the provisos proposed
by the Senate requiring the Department of Consumer and
Regulatory Affairs to use $50,000 of the receipts from the net
proceeds from the contractor that handles the District's
occupational and professional licensing to fund additional
staff and equipment for the Rental Housing Administration. The
conference agreement approves $293,000 from other funds
resulting from the lapse of personnel vacancies, caused by
transferring employees into NSO positions without filling the
resultant vacancies, into the revolving 5-513 fund to be used
to implement the provisions in D.C. Law 13-281, the Abatement
and Condemnation of Nuisance Properties Omnibus Amendment Act
of 2000, pertaining to the prevention of the demolition by
neglect of historic properties. The conference agreement
approves the proviso that requires 18 percent of the annual
total amount in the 5-513 fund, up to $500,000, that is
deposited into the 5-513 fund on an annual basis, be used to
implement section 102 and other related sections of D.C. Law
13-281. The conference agreement deletes the proviso concerning
personnel matters and the filling of certain positions in the
Department.
Downtown Business Improvement Districts (BID).--The
conferees have reviewed concerns expressed by businesses and
business organizations in the District, as well as criticism
expressed in the local press, concerning the Downtown BID's
commitment to expand its mission into areas of regulation,
planning, marketing, advocacy and economic development by way
of the creation of affiliated entities, and its advocacy for
legislative authority to expand its functions to include public
space management and regulation.
The Downtown BID and other BIDs in the District generate
funding for operations and administration under the authority
granted to it by legislation enacted by the Council of the
District of Columbia and approved by Congress. Justification
for delegating the authority to impose taxes, fees or liens on
all commercial owners and tenants within the BID's boundaries
arose out of the need to enhance the District's ability to
maintain cleanliness and public safety within those boundaries.
In fact, language exempting BIDs from taxes levied by the
District of Columbia was initially placed in the fiscal year
1999 District of Columbia Appropriations Act based on
assurances that the BIDs' role would be limited to augmenting
the services that the District government was providing in the
areas of public safety, trash collection, street cleaning and
``ambassadorial'' assistance. The proposal was for the
businesses in the area to ``tax themselves'' and use those
funds to provide a higher level of basic services in their
area. On that basis, it seemed fair to allow the tax exemption.
However, the intent was not to provide a tax exemption for
economic development or activities other than those that would
enhance the appearance and livability in the BID area.
The House Committee took the initiative to investigate
and respond to the concerns expressed by the business community
to the expansion of the BID's mission as well as the various
proposals for funding the operation and administration of such
affiliate entities. As a result of the House Committee's
discussions with Downtown BID Board members and staff members,
the Downtown BID has informed its Board and other business
organizations in the District that it will not move forward
with the expansion of its core mission at this time, and that
any expansion of its core mission, either within the BID or
through affiliated entities, will not duplicate existing
government functions that are currently funded with taxpayer
dollars.
The conferees are concerned about this situation and the
considerable deviation from the BIDs' original mission as
conveyed to Congress.
Public Safety and Justice
Appropriates $633,853,000 including $594,803,000 from
local funds, instead of $632,668,000 including $593,618,000
from local funds as proposed by the Senate.
Metropolitan Police Department.--The conference agreement
provides $100,000 in Federal funds included in section 130 of
the general provisions on the condition that the District
government enacts into law a ban on the possession of tobacco
products by minors as specified in section 132. The funds are
to be used by the Department to enforce the ban.
Fire and Emergency Medical Services Department.--The
conference agreement includes $500,000 for the Fire and
Emergency Medical Services Department to cover the costs of dry
docking the fireboat as proposed by the House.
Office of the Chief Medical Examiner.--The conference
agreement includes $585,000 for the Chief Medical Examiner to
help reduce backlogs of autopsies and case reports and to
purchase toxicology and histology equipment as proposed by the
House.
The conference agreement retains the proviso enacting
into law section 3703 of title XXXVII of the Fiscal Year 2002
Budget Support Act of 2001 as proposed by the House and
transfers the proviso relating to the District of Columbia
Income and Franchise Tax Act of 1947 to section 103 of the
general provisions.
Public Education System
Appropriates $1,108,665,000 including $896,994,000 from
local funds instead of $1,106,165,000 including $185,044,000
from Federal funds as proposed by the House and $1,108,915,000
including $187,794,000 from Federal funds as proposed by the
Senate. The conference agreement allocates $400,000 for
Enhancing and Actualizing Internationalism and Multiculturalism
in the Academic Programs of the University of the District of
Columbia and not less than $200,000 for Adult Education. The
conference action allocates $1,277,500 for the Excel Institute
Adult Education Program and requires that quarterly payments be
made by the District's Chief Financial Officer. The conference
action allocates funds for various programs as proposed by the
Senate and retains the proviso that excludes the evaluation
process for District of Columbia Public School employees as a
negotiable item for collective bargaining purposes. The
conference agreement deletes the proviso that would have
changed the fiscal year for the District of Columbia Public
Schools, District of Columbia Public Charter Schools and the
University of the District of Columbia. The conference
agreement extends the availability of $1,000,000 in local funds
appropriated in Public Law 107-20 for the State Education
Office for a census-type audit of the student enrollment of
each District of Columbia Public School and each public charter
school. The funds are to remain available until expended.
Public Schools.--Allocates $813,042,000 including
$661,124,000 from local funds and $144,630,000 from Federal
funds for public schools instead of $810,542,000 including
$144,630,000 from Federal funds as proposed by the House and
$813,292,000 from local funds and $147,380,000 from Federal
funds as proposed by the Senate. The increase above the House
allowance includes $250,000 for the Failure Free Reading
literacy program for non-readers and special education
students, $250,000 for Lightspan, Inc. to implement the
eduTec.com program, and $2,000,000 for the Voyager Expanded
Learning Literacy Program in kindergarten and first grade. The
$2,000,000 for the Voyager Program consists of Federal funds
appropriated earlier in this Act and will allow the program to
be implemented in kindergarten and first grade classrooms
throughout the District's public school system. The program is
a comprehensive literacy system that guarantees that all
children entering the system in kindergarten will be reading at
grade level or above by the third grade. The program includes a
5 day reading certification for teachers, a student assessment
system, and electronic data management system, an in-school
reading program, after school and summer school interventions,
and a home study program for parents.
Public Charter Schools
Ensuring Independence With Accountability
Public charter schools are innovations in public
education designed to provide public education programs free
from traditional public school bureaucracy. The conferees are
proud to have played a partial role in their establishment in
the District of Columbia. After four years, the District
continues to offer one of the most vibrant and diverse charter
school programs in the United States, enrolling more than 11%
of the District's public school students.
The conferees believe strongly that public charter
schools must remain free of bureaucratic regulation. However,
the conferees are also disturbed by press reports of fiscal
irregularities and questionable management, reporting,
discipline and academic practice at a few charter schools.
Three schools were closed by their chartering authority for
such reasons in the summer of 2001. Moreover, a number of
schools will soon undergo the mandatory five-year review, to
determine whether there is reason to revoke their charters.
Obviously, charter school closings disrupt the instruction of
their students. At the same time, chartering authorities cannot
responsibly leave children in schools that are demonstrably
failing or accept continued public funding of schools whose
academic or financial performance is irresponsible.
In authorizing the establishment of public charter
schools in the District of Columbia, Congress has chosen to
encourage responsible educational creativity by a system that
grants freedom from regulation in exchange for accountability.
Accountability, however, requires the full disclosure of
information about school performance and finances, and active
oversight by chartering authorities. While the chartering
authorities must not tell charter schools how to achieve
results or require the submission of unnecessary data, they are
obligated to remain informed of school performance and to take
action when a school fails to live up to the promises made in
its charter application, fails to provide legally mandated
information, or fails to conform to acceptable financial
practice.
The conferees therefore encourage the chartering
authorities to act quickly when they become aware of problems
at a public charter school that could potentially lead to
revocation of its charter, to notify and offer support to the
school in order to prevent the disruption to children's
education of charter revocation and to protect public funds.
The conferees do not encourage regulation or directives of the
kind practiced by school system administrations, but do believe
that the kind of accountability required of public schools in
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6301) must be asked of the District's public charter schools
also.
Human Support Services
(including transfer of funds)
The conference action makes conforming technical changes
as to the amount available for the Health Care Safety Net
Administration and deletes the proviso that would have
prohibited the District from providing 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, if the
District would not be qualified to receive reimbursement
pursuant to the Stewart B. McKinney Homeless Assistance Act.
The conference agreement inserts a proviso earmarking
$7,500,000 to remain available until expended for the Addiction
Recovery Fund to be used solely for the purpose of the Drug
Treatment Choice Program.
Public Works
The conference agreement inserts provisos earmarking
funds for various programs as proposed by the Senate.
Receivership Programs
Appropriates $403,868,000 including $250,515,000 from
local funds, $134,339,000 from Federal funds instead of
$403,368,000 including $134,339,000 from Federal funds as
proposed by the House and $403,868,000 including $134,839,000
from Federal funds as proposed by the Senate. The conference
agreement includes an increase of $500,000 in Federal funds
appropriated earlier in this Act for the Family Court to hire
additional staff to enhance coordination with the Family Court
of the Superior Court of the District of Columbia as required
by the Family Court Act.
Reserve
The conference agreement provides a reserve of
$120,000,000 as proposed by the Senate instead of $150,000,000
as proposed by the House and deletes the proviso concerning the
obligation of the reserve funds as proposed by the Senate.
Reserve Relief
The conference agreement inserts a new heading and
language that allows the District to spend $30,000,000 of the
Reserve under certain conditions as proposed by the Senate.
Contingency Reserve Fund
The conference agreement deletes this heading and
language as proposed by the Senate.
Emergency and Contingency Reserve Fund
The conference agreement inserts a new heading and
language to allow deposits into the Contingency Reserve Fund
beginning in fiscal year 2002 if certain conditions are met.
Repayment of Loans and Interest
The conference agreement transfers the proviso for the
Emergency Assistance Loan Guaranty Program to a separate
heading.
Emergency Assistance Loan Guarantees
The conference agreement inserts a new heading and
transfers language from Repayment of Loans and Interest that
provides indefinite appropriations of local funds to make
payments related to the District of Columbia Emergency
Assistance Act of 2001 that was enacted by the District
government in response to the impact that the terrorist attack
of September 11, 2001 had on local businesses. The loans will
be made bylocal banks for a period up to 10 years and will be
guaranteed by the District government. The conferees encourage the
District's Chief Financial Officer to consult with the Office of
Management and Budget in developing legislation for consideration by
the Mayor and Council consistent with the purposes of the Federal
Credit Reform Act. Such legislation would require the District to
accurately estimate and budget for the potential liability from
existing District of Columbia loan and loan guarantee programs and the
potential liability from legislation proposed to establish such
programs.
Emergency Planning and Security Costs
Appropriates $16,058,000 in Federal funds appropriated
earlier in this Act for emergency planning and security costs
in the District of Columbia. The language agreed to by the
conferees makes $12,652,000 of this amount available
immediately to the District of Columbia Emergency Management
Agency for planning, training and personnel costs required for
development and implementation of the emergency operations plan
for the District of Columbia.
Emergency Reserve Fund Transfer
The conference action makes conforming technical changes
and requires that not less than $33,254,000 will be deposited
into the Emergency and Contingency Reserve Funds.
Enterprise and Other Funds
Water and Sewer Authority
The conference agreement inserts an administrative
provision that clarifies responsibilities concerning the water
and sewer system and the Federally owned water main system as
well as the installation of and access to meters.
Sports and Entertainment Commission
The conference agreement retains language concerning the
transfer of funds and changes the date for a payment from the
Commission to the general fund from September 20, 2001 as
proposed by the House to September 30, 2001. The increase of
$500,000 is for the creation of the Kenilworth Regional Sports
Complex. The funds are to be used by the Commission in
coordination with the U.S. Soccer Foundation to cover
environmental and infrastructure costs at Kenilworth Park in
connection with the creation of the Kenilworth Regional Sports
Complex.
D.C. Retirement Board
The conference agreement retains the proviso requiring
the Retirement Board to provide the Congress and the Council of
the District of Columbia a quarterly report of the allocations
of charges by fund and of expenditures of all funds.
Capital Outlay
The conference agreement includes language proposed by
the Senate concerning the requirement for a plan for the
development of census tract 68.04 south of East Capitol Street,
S.E., and the housing of any misdemeanants, felons, ex-
offenders, or persons awaiting trial within the District of
Columbia as proposed by the Senate. The conference agreement
includes language that none of the conditions set forth in this
paragraph shall interfere with the current operations of any
Federal agency.
Summary Table of Conference Recommendations by Agency
A summary table showing the Federal appropriations by
account and the allocation of District funds by agency or
office under each appropriation heading for fiscal year 2001,
the fiscal year 2002 request, the House and Senate
recommendations, and the conference allowance follows:
FISCAL YEAR 2002 FINANCIAL PLAN
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Grants and
Local funds other revenue Gross funds
----------------------------------------------------------------------------------------------------------------
Revenue:
Local Sources:
Property Taxes.......................................... 746,031 0 746,031
Sales Taxes............................................. 738,507 0 738,507
Income Taxes............................................ 1,361,077 0 1,361,077
Gross Receipts.......................................... 244,480 0 244,480
Other Taxes............................................. 153,460 0 153,460
Licenses, Permits....................................... 43,336 0 43,336
Fines, Forfeitures...................................... 60,040 0 60,040
Service Charges......................................... 49,928 0 49,928
Miscellaneous........................................... 72,030 194,510 266,540
-----------------------------------------------
Subtotal, local revenues.............................. 3,468,889 194,510 3,663,339
===============================================
Federal sources:
Federal payments........................................ 38,143 0 38,143
Grants.................................................. 0 1,543,041 1,543,041
-----------------------------------------------
Subtotal, Federal sources............................. 38,143 1,543,041 1,581,184
===============================================
Other financing sources: Lottery transfer................... 70,000 0 70,000
===============================================
Total, general fund revenues.............................. 3,577,032 1,737,551 5,314,583
===============================================
Expenditures:
Governmental Direction and Support.......................... 229,421 56,717 286,138
Economic Development and Regulation......................... 60,786 170,092 230,878
Public Safety and Justice................................... 594,803 39,050 633,853
Public Education System..................................... 896,994 211,671 1,108,665
Human Support Services...................................... 711,072 1,092,851 1,803,923
Public Works................................................ 286,334 13,817 300,151
Receiverships............................................... 250,515 153,353 403,868
Financing and Other......................................... 361,314 0 361,314
Reserve..................................................... 120,000 0 120,000
Reserve Relief.............................................. 30,000 0 30,000
Emergency Reserve Fund...................................... 33,254 0 33,254
-----------------------------------------------
Total, general fund expenditures.......................... 3,574,493 1,737,551 5,312,044
===============================================
Surplus/Deficit................................................. 2,539 0 2,539
----------------------------------------------------------------------------------------------------------------
General Provisions
The conference agreement changes several section numbers
for sequential purposes and makes technical revisions in
certain citations. Unless noted otherwise, the conference
action refers to H.R. 2944 as passed the House.
The conference agreement inserts the words ``legal
settlements or'' to section 103 of the House bill as proposed
by the Senate concerning making payment of judgments that have
been entered against the District of Columbia government.
The conference agreement retains section 106 of the House
bill but amended to delete the words ``past work experience,
and salary history''.
The conference agreement deletes section 107 of the House
bill appropriating 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.
The conference agreement modifies section 108 (new
section 107) of the Senate bill to allow local funds to be used
for certain lobbying activities.
The conference agreement amends section 110 (new section
109) of the House relating to reprogramming procedures to
provide authority to transfer four percent of local funds
between appropriation headings.
The conference agreement retains section 112(b) (new
section 111(b)) of the House bill on Certification of Need by
the Chief Technology Officer, deletes section (c) which
provided no limit on full-time equivalent positions for the
Office of the Chief Technology Officer, and retains section
112(d) (new section 111(b)) amending the District of Columbia
Home Rule Act as it relates to the Chief Financial Officer's
salary.
The conference agreement inserts section 111 (new section
112) of the Senate bill requiring the Mayor to submit to the
Council the new fiscal year 2002 revenue estimates by the end
of the first quarter of fiscal year 2002.
The conference agreement retains section 112 (new section
113) of the House bill as amended by the Senate to include
whether to invoke the competitive bidding process ``and said
determination has been reviewed and certified by the Chief
Financial Officer of the District of Columbia''.
The conference agreement inserted section 113 (new
section 114(b)) of the Senate bill and combines with section
114 (new section 114(a)) of the House bill regarding the
Balanced Budget and Emergency Deficit Control Act of 1985.
The conference agreement amends section 118 of the House
bill as amended by the Senate to delete extraneous language.
The conference agreement amends section 120(c) of the
House bill to allow the Chief Financial Officer of the District
of Columbia and the Metropolitan Police Department to enter
into agreements in excess of $2,500 for the procurement of
goods or services.
The conference agreement retains section 122 and combines
with section 137 of the House bill. These sections relate to
compliance with the Buy American Act.
The conference agreement amends section 123 of the House
bill to require the annual audit be coordinated with the Chief
Financial Officer.
The conference agreement retains section 124 of the House
bill to prohibit funds in this Act from being 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 to provide for voting representation in Congress for
the District of Columbia.
The conference agreement retains section 125 of the House
bill, which prohibits any funds contained in this Act to be
used for any program of distributing sterile needles, or
syringes for the hypodermic injection of any illegal drug.
The conference agreement retains section 126 of the House
bill which requires the chief financial officer of any office
of the District of Columbia government (including any
independent agency of the District) to file a certification
with the Mayor and the Chief Financial Officer that they
understand 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).
The conference agreement deletes section 126 of the
Senate bill which requires the Chief Financial Officer to
submit a revised appropriated funds operating budget within 30
calendar days after the date of the enactment of this Act. This
is section 135 of the House bill.
The conference agreement deletes section 127 of the House
bill requiring that in submitting any documents showing the
budget for an office of the District of Columbia government
that contains a category of activities labeled as ``other'',
``miscellaneous'', or a similar general, nondescriptive term,
the document shall include a description of the types of
activities covered in the category and a detailed breakdown as
proposed by the Senate.
The conference agreement deletes section 129 of the House
bill authorizing the Mayor to allocate the District's
limitation amount of qualified zone academy bonds.
The conference agreement inserts section 131 (new section
129) as proposed by the Senate that relates to prompt payment
of appointed counsel.
The conference agreement retains section 132 (new section
130) of the House bill by appropriating a $100,000 Federal
contribution to the Metropolitan Police Department on the
condition that the District government enacts into law a ban on
the possession of tobacco products by minors as specified in
this section. The funds are to be used by the Department to
enforce the ban.
The conference agreement retains section 132 (new section
131) of the Senate bill which requires the Mayor of the
District of Columbia to submit to the Senate and House
Committees on Appropriations, the Senate Governmental Affairs
Committee, and the House Government Reform Committee quarterly
reports addressing the following issues: (1) crime, (2) access
to drug abuse treatment, (3) management of parolees and pre-
trial violent offenders, (4) education, (5) improvement in
basic District services, (6) application for and management of
Federal grants, and (7) indicators of child well-being.
The conference agreement retains section 133 (new section
132) of the House bill that allows the District of Columbia
Corporation Counsel to review and comment on briefs in private
lawsuits and consult with officials of the District government
regarding such lawsuits.
The conference agreement retains section 133 as proposed
by the Senate amending the District of Columbia Financial
Responsibility and Management Assistance Act concerning reserve
fund requirements.
The conference agreement deletes section 134 as proposed
by the House that amended the National Capital Revitalization
and Self-Government Improvement Act of 1997.
The conference agreement retains section 134 as proposed
by the Senate that prohibits funds appropriated by this Act for
an Integrated Product Team until reorganization plans for the
Integrated Product Team and a Capital Construction Services
Administration have been approved, or deemed approved by the
Council.
The conference agreement retains section 135 as proposed
by the House which requires the Chief Financial Officer to
submit to the appropriate committees of Congress, the Mayor,
and the Council a revised appropriated fund operating budget in
the format of the budget that the District of Columbia
government submitted pursuant to section 442 of the District of
Columbia Home Rule Act.
The conference agreement deletes section 135 as proposed
by the Senate which appropriated for the use of the Office of
the Corporation Counsel of the District of Columbia all funds
deposited in the District of Columbia Antitrust Fund, Antifraud
Fund, and District of Columbia Consumer Protection Fund and
transferred those provisions to the Governmental Direction and
Support appropriation title.
The conference agreement retains section 136 as proposed
by the House that amends the Home Rule Act to increase the
salary of the Council Chairman to $10,000 less than the annual
compensation of the Mayor.
The conference agreement retains section 136 (new section
137) as proposed by the Senate on risk management for
settlements and judgments.
The conference agreement deletes section 137 as proposed
by the House stating that no funds appropriated in this Act may
be made available to pay any person or entity that violates the
Buy American Act and combines it with section 122 of the House
bill.
The conference agreement retains section 137 (new section
138) as proposed by the Senate which waives the period of
Congressional review for the Closing of Portions of 2nd and N
Streets, N.E. and Alley System in Square 710, Act.
The conference agreement retains section 138 (new section
139) as proposed by the House that prohibits funds contained in
this Act from being used to issue, administer, or enforce any
order by the District of Columbia Commission on Human Rights
relating to docket numbers 93-030-(PA) and 93-031-(PA).
The conference agreement deletes Section 138(a) which
placed a limitation on the amount of fees attorneys may receive
when representing a party who prevails in an action or the fees
of any attorney who defends any action, including an
administrative proceeding, brought against the District of
Columbia Public Schools under the Individuals with Disabilities
Education Act and Section 138(b) which allowed the Mayor and
the Superintendent of the District of Columbia Public Schools
to concur in a Memorandum of Understanding setting forth a new
rate and amount of compensation, or a new limit.
The conference agreement retains section 138(c) (new
section 140) concerning attorney fee awards made in cases under
the Individuals with Disabilities Education Act. The conference
agreement inserts a new subsection 140(b) which requires no
later than 60 days after the date of enactment of this Act the
Superintendent of Schools of the District of Columbia shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate a written report for each of the
fiscal years 1999, 2000, and 2001, detailing a complete
itemized list, by year, of the judgments for attorneys' fees
awarded to plaintiffs who prevailed in cases brought against
the District of Columbia or the District of Columbia Public
Schools under section 6154(i)(3) of the Individuals with
Disabilities Education Act (20 U.S.C. 1415(i)(3)).
The conference agreement deletes section 139 as proposed
by the Senate that makes certain exceptions to the limitation
in the previous section on the amount of fees attorneys can
receive when representing a party who prevails in an action or
any attorney who defends any action, including an
administrative proceeding, brought against the District of
Columbia Public Schools under the Individuals with Disabilities
Education Act.
The conference agreement deletes section 140 of the
Senate bill concerning mandatory advanced electronic
information for air cargo and passengers entering the United
States.
The conference agreement inserts a new section 141 as
proposed by the Senate that requires the General Accounting
Office to submit by March 31, 2002 a report detailing the
awards in judgment rendered in the District of Columbia that
were in excess of the cap imposed by prior appropriations acts
on attorney fees for work performed or previously performed in
actions brought against the District of Columbia Public Schools
under the Individuals with Disabilities Education Act.
CONFERENCE TOTAL--WITH COMPARISONS
The total new budget (obligation) authority for the
fiscal year 2002 recommended by the Committee of Conference,
with comparisons to the fiscal year 2001 amount, the 2002
budget estimates, and the House and Senate bills for 2002
follows:
Federal Funds: [In thousands of dollars]
New budget (obligational) authority, fiscal year 2001..... $464,125
Budget estimates of new (obligational) authority, fiscal
year 2002............................................... 358,607
House bill, fiscal year 2002.............................. 398,058
Senate bill, fiscal year 2002............................. 408,000
Conference agreement, fiscal year 2002.................... 408,000
Conference agreement compared with:
New budget (obligational) authority, fiscal year 2001. -56,125
Budget estimates of new (obligational) authority,
fiscal year 2002.................................... +49,393
House bill, fiscal year 2002.......................... +9,942
Senate bill, fiscal year 2002......................... ----
District of Columbia Funds:
New budget (obligational) authority, fiscal year 2001..... 6,774,159
Budget estimates of new (obligational) authority, fiscal
year 2002............................................... 7,144,312
House bill, fiscal year 2002.............................. 7,146,437
Senate bill, fiscal year 2002............................. 7,154,201
Conference agreement, fiscal year 2002.................... 7,150,716
Conference agreement compared with:
New budget (obligational) authority, fiscal year 2001. +376,557
Budget estimates of new (obligational) authority,
fiscal year 2002.................................... +6,404
House bill, fiscal year 2002.......................... +4,279
Senate bill, fiscal year 2002......................... -3,485
Joe Knollenberg,
Ernest Istook,
John T. Doolittle,
John E. Sweeney,
David Vitter,
Bill Young,
Chaka Fattah,
Alan B. Mollohan,
Managers on the Part of the House.
Mary L. Landrieu,
Jack Reed,
Daniel K. Inouye,
Mike DeWine,
Ted Stevens,
Managers on the Part of the Senate.