District of Columbia Appropriations Act for FY2002: Comparison of General Provisions of P.L. 106-522 and House, Senate, and Conference Versions of H.R. 2944

Order Code RL31159

CRS Report for Congress

Received through the CRS Web

District of Columbia Appropriations Act for

FY2002: Comparison of General Provisions of

P.L. 106-522 and House, Senate, and Conference

Versions of H.R. 2944

Updated January 20, 2002

Eugene Boyd

Analyst in American National Government

Government and Finance Division

Congressional Research Service ˜ The Library of Congress

District of Columbia Appropriations Act for FY2002:

Comparison of General Provisions of P.L. 106-522 and

House, Senate, and Conference Versions of H.R. 2944

Summary

On December 21, 2001, President Bush signed into law the District of Columbia

Appropriations Act for FY2002, P.L. 107-96 (formerly H.R. 2944). The House on

December 6, 2001 and the Senate on December 7, 2001 approved the conference

report accompanying H.R. 2944, after resolving significant differences in the general

provisions of their respective versions of the act. P.L. 107-96 reduces the number of

general provisions from 67 to 42. It eliminates a number of provisions that some

observers consider obsolete, redundant, or intrusive. Among the more controversial

issues addressed by Congress was a general provision that prohibited the use of

federal and District funds to implement a 1992 District law that allow unmarried

heterosexual or homosexual couples to register as domestic partners. Under P.L.

107-96, District employees who register as domestic partners will be allowed to

include their domestic partners under their health insurance policies. The act lifts the

ban on the use of District, but not federal, funds to implement the 1992 Health Care

Benefits Expansion Act.

The District’s elected leadership has voiced concerns about the inclusion of

social riders in past appropriations bills and had hoped to negotiate with the House

and Senate leadership on the contents of the general provisions to be included in the

FY2002 appropriations bill for the District of Columbia. In previous years city

officials had complained to past Administrations and the leadership of Congress about

the inclusion of a number of social riders dealing with such issues as abortion, medical

marijuana, domestic partners health insurance expansion, and needle and syringe

exchange programs.

The District of Columbia Appropriations Act for FY2002, P.L. 107-96,

continues existing prohibitions and restrictions on the use of federal and District funds

for abortions and medical marijuana. Congress rejected Senate provisions that would

have lifted the restrictions on the use of District funds for needle exchange programs,

statehood lobbying, and court challenges aimed at providing city residents with voting

representation in Congress. The act removes the restriction on the siting of needle

exchange programs near public school facilities and requires the GAO to conduct a

study of the payment of fees to attorneys representing students suing the school

system under the Individuals with Disabilities Education Act. The GAO report is to

include information on fees paid to attorneys representing the school system in such

cases.

Contents

Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

District of Columbia General Provisions: P.L. 106-522 and H.R. 2944 . . . . . . . . 3

District of Columbia Appropriations Act for

FY2002: Comparison of General Provisions

of P.L. 106-522 and House, Senate, and

Conference Versions of H.R. 2944

Background

The chronology of District of Columbia Appropriations for FY2002 is as

follows. On April 9, 2001, President Bush submitted his budget recommendations for

FY2002. The Administration’s proposed budget included $342 million in federal

payments and assistance to the District of Columbia. On May 25, 2001, the Mayor

of the District of Columbia, Anthony Williams, transmitted to Congress a budget

approved by the city council and the District of Columbia Financial Responsibility

and Management Assistance Authority (control board) appointed by the President.

The budget included $5.3 billion in general fund expenditures and $611 million in

enterprise funds. The District budget, which must be approved by Congress,

requested $398 million in special federal payments for courts, corrections, and other

activities. On September 25, 2001, the House approved its version of H.R. 2944, a

bill appropriating funds for the District of Columbia for FY2002. The House bill

would have appropriated $398 million in special federal assistance to the District of

Columbia, including $16 million for emergency planning in response to the terrorists

attacks of September 11, 2001. This was $56 million more than requested by the

Administration. On October 11, 2001, the Senate Appropriations Committee

reported S. 1543, the Senate version of the District of Columbia Appropriations Act

for FY2002. On November 7, 2001, the Senate approved its version of H.R. 2944

by substituting the language of S. 1543. On December 5, 2001, a House and Senate

conference committee reported H.R. 2944 (H.Rept. 107-321). The House approved

the conference report on December 6, 2001, and the Senate followed one day later,

with a vote of 79 to 20. The president signed the act into law as P.L. 107-96 on

December 21, 2001.

Differences existed between the general provisions included in the House,

Senate, and conference versions of H.R. 2944 and those of the District of Columbia

Appropriations Act for FY2001, P.L. 106-522. This year’s appropriations act, signed

by President Bush on December 21, 2001, includes 25 fewer general provisions: 42,

down from 67 in the FY2001 appropriations. It allows the District to use its funds

to implement the city’s Health Care Benefits Expansion Act and removes the

restriction on the location of needle exchange programs within 1,000 feet of public

and public charter schools. The act maintains prohibitions and restrictions on the use

of federal and District funds for the following:

! abortions;

! needle and syringe exchange programs;

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! medical marijuana; and

! court challenges aimed at providing city residents with voting representation

in Congress.

In approving the final version of the act, Congress rejected several Senate

provisions that would have allowed the District to use local funds for needle exchange

programs, statehood lobbying, and court challenges aimed at providing city residents

with voting representation in Congress. It also rejected a Senate provision that would

have waived the cap on fees for attorneys representing any student in a court action

brought under the Individuals with Disabilities Education Act if the student was:

! from a family with an annual income of less than $17,600; or

! from a family where one of the parents is a disabled veteran; or

! a child that had been found neglected or abused by the courts.

The District’s elected leadership has voiced concerns about the inclusion of

social riders in past appropriations bills, and negotiated with House and Senate

leadership on the contents of general provisions to be included in the FY2002

appropriations bill for the District of Columbia. In previous years, city officials had

complained to past Administrations and the leadership of Congress about the inclusion

of a number of social riders dealing with such issues as abortion, medical marijuana,

domestic partners health insurance expansion, and needle and syringe exchange

programs. Proponents of social riders counter that such provisions are within the

powers of Congress under Article I, Section 8, of the Constitution, which conveys to

Congress exclusive legislative control over the District of Columbia. In addition,

supporters of specific social riders such as the prohibition against the implementation

of the District’s domestic partners health care expansion program contend that they

are intended to protect the institution of marriage, or, in the case of medical marijuana

and needle exchange programs, prohibit government sanctioning of illegal drug use.

The following is a side-by-side comparison of the general provisions of the

District of Columbia Appropriations Act for FY2001, P.L. 106-522, and the House,

Senate, and final conference versions of H.R. 2944, the FY2002 act, which was

signed by the President on December 21, 2001, as P.L. 107-96. This comparison

follows the structure of P.L. 106-522. Any identical or equivalent House, Senate, or

conference language that may not share the same section number as corresponding

P.L. 106-522 provisions is identified in the same row as its P.L. 106-522 counterpart.

Provisions included in P.L. 106-522, but not included in the final conference version

of the act, are highlighted in gray. For additional information on P.L. 107-96, see

CRS Report RL31013, Appropriations for FY2002: District of Columbia, by Eugene

Boyd and Michael Fauntroy.

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District of Columbia General Provisions:

P.L. 106-522 and H.R. 2944

P.L. 106-522

H.R. 2944, House Version

H.R. 2944, Senate Version

(formerly S. 1543)

H.R. 2944 Final

Sec. 101. Prohibition Against Deficit Spending. The provision Sec. 101. Identical to provision

prohibits deficit spending by limiting spending to not more than the in P.L. 106-522.

amount specifically appropriated.

Sec. 101. Identical to provision

in P.L. 106-522.

Sec. 101. Identical to

provision in P.L. 106-522.

Sec. 102. Payment of Travel and Dues Related Expenses. The Sec. 102. Identical to provision

provision allows funds appropriated under this Act to be used for in P.L. 106-522.

travel and dues-related expenses of organizations concerned with the

work of the District when approved by the mayor, and by the chair

of the city council in the case of travel and dues related to the

activities of the City council.

Sec. 102. Identical to provision

in P.L. 106-522.

Sec. 102. Identical to

provision in P.L. 106-522.

Sec. 103. Payment of Judgments. The provision allows District Sec. 103. Identical to provision

funds to be used to pay judgments against the city. The provision in P.L. 106-522.

does not affect or modify Sec. 11(c) of Title XII of the District of

Columbia Income and Franchise Tax Act of 1947 (D.C. Code, sec.

47-1812.11(c)(3), a provision governing credits and refunds for

overpayments of District taxes.

Sec. 103. Identical to provision

in P.L. 106-522.

Sec. 103. Identical to

provision in P.L. 106-522.

Sec. 104. Employment Personal Services and Consulting Contract Not included in this bill.

Index. The provision requires the mayor to maintain an index of all

personal services and consulting contracts on behalf of the District

government and to maintain records for public inspection, including

information on severance clauses. The act defines the District

government to include any independent agency of the District of

Columbia, the City council of the District of Columbia, and the

control board.

Not included in this bill.

Not included in the final act.

Sec. 105. Prohibition Against the Carryover of Appropriated Sec. 104 of this bill.

Funds. The provision requires the city to expend funds appropriated

for FY2002 during that fiscal year, unless provided by another

provision of this act.

Sec. 104 of this bill.

Sec. 104 of the final act.

Sec. 106. Use of Public Schools. The act allows public schools to be Sec. 105 of this bill.

used for community or partisan political activities during non-school

hours.

Sec. 105 of this bill.

Sec. 105 of the final act.

CRS-4

P.L. 106-522

H.R. 2944, House Version

H.R. 2944, Senate Version

(formerly S. 1543)

H.R. 2944 Final

Sec.107. Congressional Inspection of Personnel Records. The Sec. 106 of this bill.

personnel records of all persons employed by the District government

would be made available for inspection by House and Senate

authorization and appropriations subcommittees, and the District of

Columbia City council.

Not included in this bill.

Same as the House version of

Sec. 106.

Sec. 108. Payment for Information Leading to Revenue Recovery. Sec. 107 of this bill.

As authorized by the District of Columbia Revenue Recovery Act of

1977 (D.C. Code, sec. 47-421), District funds may be used to make

payments to any person or persons furnishing information leading to

the collection of taxes, penalties, or interest owed to the District of

Columbia by any person, partnership, corporation, unincorporated

association, trust, or estate violating the revenue laws of the District

of Columbia.

Not included in this bill.

Not included in the final act.

Sec. 109. Prohibition on the Use of Funds for Lobbying. Prohibits Sec. 108 of this bill.

the city from using funds to defeat any legislation pending before

Congress or any state legislature.

Sec. 106 of this bill would

prohibit the use of federal funds

for lobbying activities, but

permit the District to use its

own-source revenues for

lobbying activities.

Sec. 107. Prohibits the city

from using city or federal

funds to defeat any legislation

pending before Congress or

any state legislature. Allows

the use of District funds for

lobbying except in instances

involving the promotion or

support of any boycott or

activities in support of

statehood for the District or

voting representation in

Congress.

Sec. 110. Capital Borrowing Plan. Requires the mayor to develop Sec. 109 of this bill.

an annual capital outlays borrowing plan. The plan is to include

quarterly and project information. The mayor is to report to the city

council and the Congress on actual and projected spending.

Sec. 107 of this bill.

Sec. 108 of this act.

CRS-5

P.L. 106-522

H.R. 2944, House Version

H.R. 2944, Senate Version

(formerly S. 1543)

H.R. 2944 Final

Sec. 111. Prohibition on the Reprogramming of Funds. Prohibits Sec. 110 of this bill.

the District government from reprogramming federal and District

funds appropriated under the Act for seven specific activities. Funds

could not be reprogrammed in order to:

1. create new programs;

2. eliminate a program or project;

3. establish or change allocations specifically denied, limited, or

increased by Congress;

4. increase funds for activities or personnel in areas where funds

have been denied or restricted;

5. re-establish funding for any project previously deferred through

reprogramming;

6. augment existing programs or projects by reprogramming

funds that exceed $1 million or 10% of the existing program’s

funding;

7. prohibit a 20% or greater increase in personnel assigned to a

specific project.

Funds may be reprogrammed after congressional review by House

and Senate Appropriations Committees. Limits the transfer of

reprogram funds to not more than 2% of the local funds in the

appropriations.

Sec. 108 of this bill would

increase from 2% to 4% the

limit on the amount of

reprogrammed funds that may

be transferred between local

account subject to the existing

reprogramming procedure.

Sec. 109 identical to Sec. 108

of the Senate bill.

Sec. 112. Limitation on the Use of Appropriated Funds. Limits the Sec. 111 of this bill.

use of funds to the activities or objects for which the appropriations

were made except as otherwise provided by law.

Sec. 109 of this bill.

Sec. 110 of this act.

Sec. 113. Merit Personnel Act Responsibility of the Mayor. States

that the mayor shall be responsible for the administration of

personnel function of employees under the city’s merit pay personnel

code. In determining employee compensation, the provisions of the

District of Columbia Government Comprehensive Merit Personnel

Act of 1978 shall apply.

Sec. 110 of this bill.

Sec. 111 identical to Sec. 112

of House bill.

Sec. 112 of this bill. The bill also

includes additional provisions

related to certification by the

District’s Director of Personnel

and the Chief Technology Officer

(CTO) governing the assignment

of employees of private sector

companies to the District

government. Requires CTO to

(continued)

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P.L. 106-522

H.R. 2944, House Version

H.R. 2944, Senate Version

(formerly S. 1543)

H.R. 2944 Final

(continued)

report to city council and House

and Senate Appropriations

Committees on all agreements

entered into no later than 45 days

after the end of the fiscal year.

Sec. 114. City Council Review of Revised Revenue Estimates. Not included in the bill.

Requires the mayor to submit to the City council revised revenue

estimates for the first quarter of FY2000 not later than 30 days after

the first quarter of fiscal year 2000.

Sec. 111 of this bill.

Sec. 112 same as Sec. 111 of

Senate bill.

Sec. 115. Sole Source Contracts. Prohibits sole source contracts Sec. 113 of this bill.

for services unless competitive bidding is not feasible and the

contract has been approved by the control board as set forth by D.C.

Code, sec. 1-1183.3.

Sec. 112 of this bill. Includes a

provision requiring the CFO to

review and certify the decision

to invoke or waive the

competitive bidding process.

Sec. 113 same as Sec. 112 of

Senate bill.

Sec. 116. Sequestration under the Balanced Budget. In order to Not included in the bill.

comply with sequestration order under Balanced Budget and

Emergency Deficit Control Act of 1985, federal funds appropriated

under a District of Columbia appropriations act are to be sequestered

from each account and not the aggregate total of those accounts.

Sec. 113 of this bill.

Sec. 114 incorporates

language of Sec. 113 and 114

of the Senate bill under one

provision.

Sec. 117. Sequestration Protocol. Outlines the protocol to be used Sec. 114 of this bill.

when there is a sequestration of federal funds appropriated to the

District.

Sec. 114 of this bill.

Sec. 114 incorporates

language of Sec. 113 and 114

of the Senate bill under one

provision.

Sec. 118. Gifts and Donations. Allows District government agencies Sec. 115 of this bill.

and officials to accept gifts and donations in FY2000 only if:

C

the mayor approves, (this provision does not apply in

cases of gifts or donation to the city council);

C

the gift or donation is used to carry out an agency

function;

C

the government entity receiving the gift or donation keeps

records of all gifts and donations available for audit and

public inspection.

This section does not apply to the Board of Education.

Sec. 115 of this bill.

Sec. 115 of this act.

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P.L. 106-522

H.R. 2944, House Version

H.R. 2944, Senate Version

(formerly S. 1543)

H.R. 2944 Final

Sec. 119. Prohibits the Use of Funds for Statehood Lobbying. Sec. 116 of this bill.

Prohibits the use of federal funds for the payment of expenses related

to the offices of U.S. Senate or U.S. House of Representative under

the District of Columbia Statehood Constitution Initiative.

Sec. 116 of this bill.

Sec. 116 of this act.

Sec. 120. Public Charter School Procurement Contracts. This Not included in this bill.

provision requires public charter schools to publish requests for

proposals in the D.C. Register at least seven days prior to the

awarding of a procurement contract that exceeds $25,000. This

requirement does not apply in cases related to the lease or purchase

of real property by the charter school. Public charter schools with

preschool or pre-kindergarten programs are subject to the same child

care licensing requirements as District public schools with the same

programs. Public charter schools may also participate in GSA

programs.

Not included in this bill.

Not included in this act.

Sec. 121. DCPS /UDC Quarterly Reports. Requires the Not included in this bill.

superintendent of public schools and UDC to submit quarterly

reports to the mayor, control board, city council, and Congress not

later than 15 days after the end of each quarter. Reports are to

include:

C

current quarterly expenditures;

C

list of frozen accounts;

C

all active contracts exceeding $10,000;

C

reprogrammed funds; and

C

organizational changes

Requires the superintendent of public schools and the University of

the District of Columbia to submit an annual report to Congress, the

mayor, the city council, the control board, and the consensus

commission no later than February 15th of each year. The reports

are to be a compilation of the position and employees of the school

system and University.

Not included in this bill.

Not included in this act.

CRS-8

P.L. 106-522

H.R. 2944, House Version

H.R. 2944, Senate Version

(formerly S. 1543)

H.R. 2944 Final

Sec. 122. Disabled Students Attorney’s Fees. Limits the Not included in this bill.

compensation for attorneys representing disabled students to no more

than $2,500. Allows the Mayor and the Superintendent of Public

Schools to revise the rate and amount of compensation.

Sec. 138. Senate passed an

amendment that would increase

the limit on attorney’s fees to

$150 per hour and $3,000 per

case. Sec. 138 would lift the

cap for attorney representing

any student:

(a) from a family with an

annual income of less than

$17,600; or

(b) from a family where one

of the parents is a disabled

veteran; or

(c) where the child has been

adjudicated as neglected or

abused.

Sec. 140 of this act. Prohibits

the use funds appropriated

under this and subsequent

appropriation act from being

used to pay attorney’s fees

associated with representing

disabled students incurred

prior to the enactment of this

act. Requires the DC public

school system to submit to

Congress a report that lists

judgements against the DC

public schools under the

Individuals with Disabilities

Education Act . The report

is to be submitted with 60

days of enactment of this act

and is to include detailed

information for each of the

years 1999 to 2001 on the

amount paid and owed

plaintiffs' attorneys and

attorneys representing the

school board.

Sec. 123. Abortion. Prohibits the use of funds for abortion services Sec. 117 of this bill.

except in cases of rape, incest, or when the mother’s health is

endangered.

Sec. 117 of this bill.

Sec. 117 of this act.

Sec. 124. Health Care Benefits Expansion Act. Prohibits the use

of District and federal funds to implement the Health Care Benefits

Expansion Act of 1992, which extends medical, employment, and

government benefits to unmarried couples, including homosexuals.

Sec. 118 of this bill would

allow the District to use local

(District), but not federal, funds

to implement the act.

Sec. 118 identical to Sec. 118

of House and Senate bills.

Sec. 118 of this bill would allow

the District to use local

(District), but not federal, funds

to implement the act.

CRS-9

P.L. 106-522

H.R. 2944, House Version

H.R. 2944, Senate Version

(formerly S. 1543)

H.R. 2944 Final

Sec. 125. Control Board Approval of Budget for UDC, DCPS, and Not included in this bill.

DC Library. Allows the control board acting on behalf of the public

schools, University of the District of Columbia, Board of Library

Trustees, and the District of Columbia School of Law to vote and

approve the annual or revised budgets of these entities before

submission to the mayor for inclusion in the mayor’s budget

submission to the city council.

Not included in this bill.

Not included in this act.

Sec. 126(a). Acceptance of Grant Funds Not Included in Ceiling.

The mayor, after consulting with the CFO, may accept grant funds

not appropriated in this Act, but only after:

C

the CFO submits a detailed report on the grant to the

control board; and

C

the control board has reviewed and approved the grant.

The provision:

C

prohibits the city from expending city funds in

anticipation of a grant award;

C

requires the CFO to submit to the city council and House

and Senate Appropriations Committees detailed reports

regarding all federal and private grants approved under

this section;

C

requires the control board to submit to congressional

appropriations and authorizing committees a quarterly

report accounting for all non-appropriated funds.

Sec. 119 of this bill differs from

Sec. 126 of P.L. 106-522 and

Sec. 119 of the House bill. The

bill would make acceptance of

federal, private, or other grants

contingent upon the absence of

any written or oral notice of

disapproval from the CFO filed

with the city council within 14

days of receipt of the report

from the CFO. If notice of

disapproval is given within the

14-day time frame, city council

may approve or disapprove the

report by resolution within 30

calendar days of receipt of the

report from the CFO. The bill

enhances local control by

including the city council in the

process of reviewing and

accepting grants.

Sec. 119 allows the mayor,

after consulting with CFO, to

accept and expend grants

from private and federal

sources that are not part of

this appropriation. Such gifts

may be accepted and

expended only after the CFO

has submitted to the Council a

detailed report regarding such

grants. The Council has 15

days after receipt of the report

to review and approve its

acceptance. The act prohibits

the expenditure of District

funds in anticipation of the

Council’s approval. It

requires the CFO to submit to

Congress quarterly reports

tracking such grants.

Not included in this bill.

Not included in this act.

Sec. 119 of this bill differs

slightly from Sec. 126 of P.L.

106-522. It would require the

CFO to submit a detailed report

to the city council, and not the

control board, for its approval

within 15 days after the receipt

of the report from the CFO.

Sec. 127. Court Ordered Receiverships. In cases where a District Not included in this bill.

agency is under the control of a court appointed receiver, requires the

receiver submit to the mayor budget estimates for the agency for the

upcoming fiscal year. The mayor may include his own funding

recommendations, but may not revise the receiver’s budget estimates

when forwarding these estimates to the city council. During its

budget deliberations the city council may recommend but may not

revise the receiver’s budget estimates.

CRS-10

P.L. 106-522

H.R. 2944, House Version

H.R. 2944, Senate Version

(formerly S. 1543)

H.R. 2944 Final

Sec. 128. Use of City Vehicles. Limits a District employee’s use of

official vehicles only to performance of official duties. Grants four

exceptions:

C

a police officer may use police vehicles to travel to and from

work and home only if the officer resides in the District of

Columbia, or is granted permission by the Chief of Police;

C

an employee of the Fire and Emergency Ambulance

Department who resides in the District and is on call 24 hours

a day;

C

the mayor; and

C

chair of the city council.

Requires the CFO to submit an inventory of all vehicles owned,

leased or operated by the District government by November 15,

2000. Does not specify to whom the inventory is to be submitted.

Sec. 120 of this bill. The bill

would require the CFO to

inventory all vehicles owned,

leased, or operated by the

District government by

November 15, 2001. The bill

includes an additional provision

for items in excess of $2,500,

that requires that the District

conduct a cost analysis for the

procurement of goods and

services comparing costs under

District procurement regulations

and procedures with those

applicable under the federal

(GSA) supply schedules.

Sec. 120 of this bill. The

Senate bill includes the

requirement for an analysis

comparing cost under District

and federal (GSA) procurement

regulations and procedures

under Sec. 121.

Sec. 120 same as Sec. 120 of

House bill.

Sec. 129. Employee Details and Reductions in Force. Requires Not included in this bill.

District government employees on detail from an agency be paid

from funds of the agency to which they are detailed. Modifies

reduction in force procedures.

Not included in this bill.

Not included in this act.

Sec. 130. Special Education Evaluation Time Frame. This provision Sec. 121 of this bill.

requires that the school board complete an evaluation of students

who may be in need of special education services within 120 days of

the student’s referral and to place students with special education

needs, as defined by federal law (Individuals with Disabilities

Education Act (20 U.S.C. 1401(a)(1)) or the Rehabilitation Act of

1973 29 U.S.C. 706(8), in appropriate programs).

Sec. 122 of this bill.

Sec. 121 of this act.

Sec. 131. Buy American Act. Encourages District government to Sec. 122 of this bill.

comply with the Buy American Act 41 U.S.C. 10a-10c). Includes a

sense of the Congress provision encouraging the purchase of

American made products.

Sec. 123 of this bill.

Sec. 122 of this act.

Sec. 132. Inspector General Audits. Only the District of Columbia Sec. 123 of this bill.

Inspector General may conduct and certify agency audits in

compliance with the District of Columbia Procurement Practices Act

of 1985 (D.C. Code, sec. 1-1182.8(a)(4).

Sec. 124 requires that the audit

be conducted in coordination

with the CFO.

Sec. 123 amends Sec. 132 to

include requirement that

Inspector coordinate the audit

with the CFO.

CRS-11

P.L. 106-522

H.R. 2944, House Version

H.R. 2944, Senate Version

(formerly S. 1543)

H.R. 2944 Final

Sec. 133. Voting Representation Cost Prohibition. Prohibits the Sec. 124 of this bill.

use of federal and District funds, including funds for the corporation

counsel, to cover the cost of court challenges aimed at providing city

residents with voting representation in Congress.

Sec. 125. prohibits the use of

federal, but allows the use of

District, funds for court

challenges seeking

congressional voting

representation for District

residents.

Sec. 124 same as Sec. 124 of

House bill and Sec. 133 of

existing law.

Sec. 134. Prisoner Transfers Prohibition. Prohibits the transfer of Not included in this bill.

maximum security prisoners to the Northeast Ohio Correctional

Center in Youngstown, Ohio.

Not included in this bill.

Not included in this act.

Sec. 135. Inspector General Audit. Requires the IG to annually Not included in this bill.

audit the District of Columbia Highway Trust Fund by February 1

of each year, and to submit the audit findings to Congress.

Not included in this bill.

Not included in this act.

Sec. 136. Revised Operating Budget Submission. Requires the CFO

to submit to the appropriate committees of Congress, the mayor, the

city council, and the control board a revised appropriated funds

operating budget not later than November 1, 2000, or within 30 days

after the passage of this Act.

Sec. 126 of this bill excludes

any reference to the control

board and requires submission

of the revised operating budget

not later than November 1,

2001, or within 30 days after

the passage of this Act.

Sec. 135 of this act is same as

Sec. 135 of House bill.

Sec. 127 of this bill. The bill

would modify the existing

provision by lifting the

prohibition on the use of

District funds for such

programs.

Sec. 125 of this act.

Sec. 135 of this bill excludes any

reference to the control board and

requires submission of the

revised operating budget not later

than November 1, 2001, or

within 30 days after the passage

of this Act.

Sec. 137. Needle Exchange Program. Prohibits the creation and Sec. 125 of this bill.

funding of a needle exchange program with federal or District

government funds. Such programs may be funded with private funds

and must be accounted for separately.

CRS-12

P.L. 106-522

H.R. 2944, House Version

H.R. 2944, Senate Version

(formerly S. 1543)

H.R. 2944 Final

Sec. 138. Lease Agreements and Abstracts. Sixty days after Not included in bill

enactment of this Act, no funds appropriated under the Act may be

used to pay leasing fees unless the lease and an abstract of the lease

agreement are on file with the office of the District’s deputy mayor

for economic development. All leased properties must be occupied.

None of the funds appropriated under the Act may be used to pay

rental fees unless the lease is included in periodic reports submitted

by the mayor and the city council to House and Senate

Appropriations Committees. The report is to include information on

the location of the property, the name of the lessors, the rate of

payment, the extent to which the property is occupied. Where

occupancy is impractical, the District must develop a plan to

terminate or renegotiate the lease. The mayor must submit a

quarterly report to Congress on all real property the city has leased

during the prior period.

Not included in this bill.

Not included in this act.

Sec. 139. Prohibition on New Lease Agreements. Prohibits the city Not included in this bill.

from entering into new lease agreements unless the mayor certifies

to the House and Senate Appropriations Committees that existing

rental property does not meet city’s needs. Within 60 days of

enactment of this Act the mayor must provide a report outlining a

comprehensive real property management plan to House and Senate

authorization and appropriations committees. If the city enacts

reform legislation governing real property leasing practices and

procedures the provision prohibiting the District government from

entering new leases subject to congressional review would be voided.

Not included in this bill.

Not included in this act.

Sec. 140. CFO Certifications. Funds may not be used to pay Sec. 126 of this bill.

agency CFOs 60 days after the passage of this Act if the agency

CFO has not filed a statement with the mayor and CFO of the

District certifying that the agency CFO understands and will abide

by the duties and restrictions of his office.

Sec. 128 of this bill.

Sec. 126 of this act.

Sec. 141. FY2002 Budget Adjustments. Budget submitted by the Not included in this bill.

District for approval by Congress may specify potential adjustments

that might become necessary if projected management savings are

not achieved.

Not included in this bill.

Not included in this act.

CRS-13

P.L. 106-522

H.R. 2944, House Version

H.R. 2944, Senate Version

(formerly S. 1543)

H.R. 2944 Final

Sec. 142. Budget Definition of Miscellaneous and Other. Requires Sec. 127 of this bill.

future budget submissions to define the terms “miscellaneous” and

“other.”

Not included in this bill.

Not included in this act.

Sec. 143. Medical Marijuana Initiative. Prohibits the use of federal Sec. 128 of this bill.

or District funds in carrying out any law or regulation that legalizes

or reduces the penalty for possession of a Schedule I substance,

including the medical use of marijuana. Prohibits the implementation

of citizen approved medical marijuana initiative.

Sec. 129 of this bill.

Sec. 127 of this act.

Sec. 144. Zone Academy Bonds. Allows the mayor to allocate zone Sec. 129 of this bill.

academy bonds to qualified zone academies in the District.

Not included in this bill.

Not included in this act.

Sec. 145. Corrections Trustee and Corrections Employees Not included in this bill.

Converted to Federal Employment Status. Converts or treats trustee

and employees for the corrections trustee as federal employees for

retirement, health, and life insurance purposes. This includes

employees in the Office of Adult Probation, Office of Parole, and

Pretrail Service Agency.

Not included in this bill.

Not included in this act.

Sec. 146. Franklin School Disposition. Sense of the Congress Not included in this bill.

provision urging the expedited sale of the Franklin School property.

Not included in this bill.

Not included in this act.

Sec. 147. Conscience Clause Covering Contraceptive Coverage in Sec. 130 of this bill.

Private Health Plans. The provision requires the inclusion of a

conscience clause allowing employers to exclude contraceptive

coverage in the employer’s health insurance plan for moral or

religious reasons.

Sec. 130 of this bill.

Sec. 128 of this act.

Sec. 148. Chief Medical Examiner. Repeals Chapter 23, Title 11 Not included in this bill.

of the DC Code governing the organization and jurisdiction of the

courts. Removes the Chief Medical Examiner from court jurisdiction

and places it in the executive branch of the District government.

Not included in this bill.

Not included in this act.

CRS-14

P.L. 106-522

H.R. 2944, House Version

H.R. 2944, Senate Version

(formerly S. 1543)

H.R. 2944 Final

Sec. 149. Prompt Payment of Appointed Counsel. Requires the DC

Court of Appeals to make payment to counsel representing indigent

persons, and children in neglect and abuse cases within 45 days of

receiving a payment voucher. Failure to make payment within the

45-day time period would require the DC Court of Appeals to pay

interest to the attorneys representing indigent persons, and children

in neglect and abuse cases. Requires the Court to establish standards

for the submission of completed vouchers.

Sec. 131 of this bill. The

provision would apply to claims

made during FY2002, and

unpaid claims received prior to

the end of FY2001.

Sec. 131 of this bill. The

provision would apply to claims

made during FY2002, and

unpaid claims received prior to

the end of FY2001.

Sec. 129 of this act includes

language of Sec. 149 of P.L.

106-522 and Sec. 131 of

Senate bill.

Sec. 150. Limitations on Needle Exchange Programs. Prohibits the Not included in this bill.

distribution of needles or syringes within 1000 feet of day care

centers, public pools, schools, colleges, parks, video arcades, public

housing, playgrounds, and youth centers. Requires Public Housing

Authority to submit monthly reports to House and Senate

Appropriations Committees on activities involving illegal drugs in,

near, and around public housing projects.

Not included in this bill.

Not included in this act.

Sec. 151. Teenage Smoking. Bans possession of tobacco by minors Sec. 132 of this bill.

and imposes fines, community service, and revocation of driving

privileges. Provides $100,000 in federal assistance for enforcement

activities.

Not included in this bill.

Sec. 130 of this act.

Sec. 152. Corporation Counsel Review of Private Lawsuits. Allows Sec. 133 of this bill.

the District’s corporation counsel to review and comment on briefs

in lawsuits filed by private citizens, and to consult government

officials regarding such lawsuits. This provision would allow

corporation counsel to review pending lawsuits regarding voting

representation in Congress for District residents.

Not included in this bill.

Sec. 132 of this act.

Sec. 153. EPA and Federal Cooperative Agreement Act. Allows Not included in this bill.

EPA to enter into cooperative agreements and grants in DC if

principal purpose is to provide comparable benefits to federal and

non-federal properties in the District.

Not included in this bill.

Not included in this act.

CRS-15

P.L. 106-522

H.R. 2944, House Version

H.R. 2944, Senate Version

(formerly S. 1543)

H.R. 2944 Final

Sec. 154. Comprehensive Financial Management Policy. Requires Not included in this bill.

the District to develop a financial management policy that includes

the following elements: cash management policy; debt management

policy; financial asset management policy; emergency reserve

management policy; contingency reserve management policy; real

property tax-exemption policy. Requires the CFO to undertake an

annual review of the city’s financial management policy and to

submit proposed changes in policy to the mayor and the control

board, in a control year by July 1. Requires the CFO, after the

mayor and control board have commented, to submit its

recommendation to the city council for enactment no later than

August 1 of each year. The policy and any changes are to be

submitted to House and Senate District oversight committees. The

provision establishes a schedule for submission of the first financial

management plan.

Not included in this bill.

Not included in this act.

Sec. 155. Appointment, Dismissal, and Duties of the CFO. The Not included in this bill.

provision provides for the appointment and dismissal of the CFO by

the mayor with confirmation by the city council. Requires a 2/3 vote

by the city council to approved the dismissal of the CFO. The

provision requires a 30-day congressional review period before the

appointment or dismissal of the CFO may take effect. Identifies

additional duties of the CFO including administering the District’s

payroll and retirement systems, cash management program,

accounting policies and principles, borrowing program, preparing

annual, quarterly, and monthly financial reports of accounting and

financial operations, and preparing — within 120 days after the end

of each fiscal year — the complete financial statement and report on

the activities of the District government.

Not included in this bill.

Not included in this act.

Sec. 156. Overtime Pay. Establishes a minimum threshold of 40 Not included in this bill.

hours a week before District employees may overtime pay.

Not included in this bill.

Not included in this act.

Sec. 157. Drug Free Workplace. Waives the requirement for Health Not included in this bill.

and Human Services (HHS) review and certification of the Court

Services and Offender Supervision Agency drug free workplace

program. The waiver shall be terminated on July 28, 2001, or the

date HHS approves the agency’s program.

Not included in this bill.

Not included in this act.

CRS-16

P.L. 106-522

H.R. 2944, House Version

H.R. 2944, Senate Version

(formerly S. 1543)

H.R. 2944 Final

Sec. 158. Budget-linked Quality of Life Factors. Identifies a Not included in this bill.

number of quality-of-life indicators that characterize the city’s

deficiencies in the areas of crime, education, corrections,

management of public services. Directs the mayor to submit

quarterly reports to House and Senate appropriation and oversight

committees.

Sec. 132 of this bill.

Sec. 131 of this act.

Sec. 159. Emergency Cash Reserve and Contingency Reserve Not included in this bill.

Funds. The act amends the Home Rule Act establishing interest

bearing reserve funds: an emergency reserve fund equal to 4% of

total operating budget derived from local funds, and a contingency

reserve fund equal to 3% of total operating budget derived from local

funds.

Emergency Cash Reserve Fund. Establishes the criteria for use of

the emergency cash reserve fund to include unanticipated and

nonrecurring extraordinary needs such as a natural disaster or state

of emergency declared by the mayor. Prohibits use of the fund for:

! activities in agencies administered by a receiver or other

court appointed official;

! shortfalls in budget reductions, and

! settlements and judgements.

Funds may be allocated only after:

! an analysis by the CFO of the availability of other funding

sources, and the impact of the allocation on the emergency

reserve fund; and

! the CFO projects that the contingency reserve fund will or

has been exhausted.

The Act requires the mayor and CFO, in a non-control year, to notify

the House and Senate Appropriations Committees in writing within

30 days after the expenditure of emergency reserve funds. Requires

the District to replenish the reserve fund each year in order to

maintain an operating balance equal to 4% of local funds.

Sec. 133 of this bill modifies

Sec. 159 of P.L. 106-522.

Requires budget reserve of

$120 million in FY2002, and

$70 million in FY2003. For

each of fiscal years 2004 and

2005 the District must maintain

a cumulative cash reserve of

$50 million. Outlines the

conditions under which budget

and cash reserves may be used

to include:

! CFO certification that

funds are available;

! amounts are to be

obligated or expended in

accordance with laws

enacted by city council;

! prohibition on the use of

funds for agencies under

court ordered

receivership; and

! only after House and

Senate Appropriations

Committees have been

notified by the mayor in

writing 30 days in

advance of any

obligation or

expenditure.

Sec. 132 of this act is same as

Sec. 133 of Senate bill.

CRS-17

P.L. 106-522

H.R. 2944, House Version

H.R. 2944, Senate Version

(formerly S. 1543)

H.R. 2944 Final

Sec. 159. (continued) Contingency Cash Reserve Fund. Requires

that policies governing the fund shall be established by the CFO in

consultation with the mayor. The act establishes the criteria for use

of the contingency cash reserve fund to include unanticipated needs,

including those associated with weather or other natural disasters,

unexpected obligations created by federal law, or new public safety

and health requirements, opportunities to achieve cost savings, or for

three consecutive months revenue shortfalls are 5% or more below

the budget forecast. Funds may be allocated only after an analysis by

the CFO of the availability of other funding sources and the impact

of the allocation on the contingency reserve fund. Requires the

District to replenish the reserve fund each year in order to maintain

an operating balance equal to 3% of local funds.

Quarterly Reports. The act requires the CFO to submit quarterly

reports to the mayor, city council, and House and Senate

Appropriations Committees on the balance and activities of the

emergency and contingency reserve.

Current Reserve Fund. Requires the District to maintain the $150

million current reserve fund through FY2004.

Requires funds take from the

reserve be replenished in order

to maintain required balance.

Transfers all funds in the $150

million budget reserve created

under Sec. 106-113 into the

Emergency and Contingency

Reserve Funds established

under Sec. 159 of P.L. 106522.

Sec. 160. Tobacco Settlement-Backed Revenue Bonds. City council Not included in this bill.

delegates to the Tobacco Settlement Financing Corporation the

authority issue revenue bonds, notes, and other obligations to

borrow funds for use in financing capital projects. The provision

waives the congressional review period for the Tobacco Settlement

Financing Act.

Not included in this bill.

Not included in this act.

Sec. 161. Construction Funds for Charter Schools. Includes charter Not included in this bill.

schools as eligible entities for school construction and repair funds

by amending the Student Loan Marketing Association

Reorganization Act of 1996. The provision provides $5 million in

credit enhancement funds for public charter schools with 50% of

such grants awarded to nonprofit corporations to assist the public

charter schools obtain financing for the acquisition of real property,

construction, expansion, and renovation of facilities, enhancing the

availability of loans and bonds. Funds may not be used to make

(continued)

Not included in this bill.

Not included in this act.

CRS-18

P.L. 106-522

H.R. 2944, House Version

H.R. 2944, Senate Version

(formerly S. 1543)

H.R. 2944 Final

(continued)

direct loans or grants to charter schools. Fifty percent of the $5

million may be made available to public charter schools for the

purpose of obtaining financing for the acquisition of real property,

construction, expansion, and renovation of facilities, enhancing the

availability of loans and bonds. These funds are to be administered

by a committee that is to be appointed by the mayor. Not more than

10% of the funds may be used to cover administrative costs.

Sec. 162. Washington Marina. Grants the mayor exclusive Not included in this bill.

authority to negotiate, approve, and execute leases with existing

tenants of the Washington Marina and Washington municipal fishing

wharf.

Not included in this bill.

Not included in this act.

Sec. 163. Lorton Property. Transfers certain property in the Lorton Not included in this bill.

area to Fairfax County for use for educational purposes.

Not included in this bill.

Not included in this act.

Sec. 164. Inspector General Audit Subcontractors. Directs the Not included in this bill.

Inspector General to hire an auditor to audit the District’s annual

financial statement and report. Allows the primary auditor hired by

the IG to subcontract the work. Allows a subcontracting auditor to

serve as the primary auditor in the succeeding year if the

subcontractor is not a signatory to the financial statement and report

of the previous year, the subcontractor is not an employee of the

primary auditor, and the primary auditor reviewed and approved the

work of the subcontractor for the previous year.

Not included in this bill.

Not included in this act.

Sec. 165. Lorton and Meadowood Farm Land Exchange. Allows Not included in this bill.

for the transfer of property known as Meadowood Farm to the

federal government in exchange for real property at the Lorton

Correctional Complex.

Not included in this bill.

Not included in this act.

Sec. 166. DC Highway Funds Transfer for 14th Street Bridge Not included in this bill.

Expansion. Transfers up to $5 million from the city’s highway trust

fund to study the feasibility of expanding the lane capacity of the 14th

Street Bridge. Funds are to be used for design work and

environmental review.

Not included in this bill.

Not included in this act.

Sec. 167. Conference Report Statement.

Not included in this bill.

Not included in this act.

Not included in this bill.

CRS-19

P.L. 106-522

H.R. 2944, House Version

H.R. 2944, Senate Version

(formerly S. 1543)

H.R. 2944 Final

Not included in the Act.

Sec. 134. Proceeds from Real

Property Disposition. Directs

the GSA to sell any land at the

Lorton Correctional Complex

that is not transferred to the

Department of Interior, Amtrak,

Fairfax County, or otherwise

transferred. Proceeds from the

sale may be deposited into a

special fund to cover real

property use and disposal related

expenses, including

environmental remediation and

compliance. Remaining funds

are to be deposited in the Policy

and Operations appropriation

account of the GSA.

Sec. 134. Integrated Product

Team. Prohibits the

appropriation of funds for the

Integrated Product Team the

city council has approved a

reorganization plan for the team

and a Capital Construction

Services Administration.

Sec. 134 same as Sec. 134 of

Senate bill.

Not included in the Act.

Sec. 135. Revised Operating

Budget Submission. See Sec.

136 of P.L. 106-522.

Sec. 135. Corporation

Counsel Antitrust, Anti-fraud,

Consumer Protection Funds.

Provides access by the city’s

Corporation Counsel for use

until September 30, 2003.

Not included in this act.

Not included in the Act.

Sec. 136. City Council

Chairman Compensation.

Eliminates the provision that

provides $10,000 in additional

annual compensation to the

chairman of the city council

above the amount of

compensation provided to other

council members. Provides

additional compensation to

chairman of the city council

equal to $10,000 less than the

compensation paid to the mayor.

Not included in this bill.

Sec. 137 of this act is

identical to Sec. 136 of House

bill.

CRS-20

P.L. 106-522

H.R. 2944, House Version

H.R. 2944, Senate Version

(formerly S. 1543)

H.R. 2944 Final

Not included in the Act.

Not included in this bill.

Sec. 136. Risk Management

for Settlements and Judgments.

Allows any District government

agency to pay a settlement or

judgement stemming from a

claim or lawsuit that does not

exceed $10,000.

Sec. 137 of this act is

identical to Sec. 136 of

Senate bill.

Not included in the Act.

Sec. 137. Buy America

Sanctions. Federal and District

funds may not be used to pay or

compensate any entity that

violates the Buy America Act.

Not included in this bill.

Language included in Sec.

122 of this act.

Not included in the Act.

Not included in this bill.

Sec. 137. Closing of Certain

Streets. Waives the period of

congressional review for closing

portions of 2nd & N Streets NE.

Sec. 138 of this act.

Not included in the Act.

Sec. 138. Boy Scouts. Prohibits

the use of District or federal

funds for payment to plaintiffs

awarded $50,000 by the

District’s Commission on Human

Rights related to Boy Scout’s

policy prohibiting homosexuals

from serving as scout leaders.

Not included in this bill.

Sec. 139 of this Act identical

to Sec. 138 of the House bill.

Not included in the Act.

Not included in this bill.

See Section 122 of P.L. 106522, Special Needs Students

Attorneys’ Fees.

Sec. Section 122 of P.L. 106522, Special Needs Students

Attorneys’ Fees.

Not included in the Act.

Not included in this bill.

Sec. 140. Mandatory Advanced

Electronic Information for Air

Cargo and Passengers entering

the United States. Requires

every air carrier entering the

United States to obtain

clearance under U.S. customs

laws.

Not included in this act.

CRS-21

P.L. 106-522

Not included in the Act.

H.R. 2944, House Version

Not included in this bill.

H.R. 2944, Senate Version

(formerly S. 1543)

H.R. 2944 Final

Sec. 141. GAO Report on

Attorney’s Fees for Special

Needs Students. Directs GAO,

with the assistance of relevant

agencies and House and Senate

subcommittees on DC

appropriations and oversight, to

submit by January 2, 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

Act (20 U.S.C. §1400 et. seq.).

(See also Sec. 122 of P.L. 106522.

Sec. 141. GAO Report on

Attorney’s Fees for Special

Needs Students. Similar to

Senate version of Sec. 141

except for date of submission

of the report. Directs GAO to

submit a report on judgement

and attorneys’ fees in cases

brought under the IDEA by

March 31, 2002. (See also

Sec. 122 of P.L. 106-522.)