# 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

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## Record

- **Collection:** Congressional research report
- **Document type:** CRS Report
- **Published:** January 20, 2002
- **Citation:** RL31159

## Text

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;

CRS-2
! 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.

CRS-3

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)

CRS-6
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.

CRS-7
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.)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/crs%3ARL31159. Public record. Not legal advice.