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

CRS Report for 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
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;

!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.

District of Columbia General Provisions:
P.L. 106-522 and H.R. 2944
P.L. 106-522H.R. 2944, House VersionH.R. 2944, Senate Version H.R. 2944 Final
(formerly S. 1543)
Prohibition Against Deficit Spending. The provisionSec. 101. Identical to provisionSec. 101. Identical to provisionSec. 101. Identical to
spending to not more than thein P.L. 106-522.in P.L. 106-522.provision in P.L. 106-522.
Payment of Travel and Dues Related Expenses. TheSec. 102. Identical to provisionSec. 102. Identical to provisionSec. 102. Identical to
in P.L. 106-522.in P.L. 106-522.provision in P.L. 106-522.
and dues-related expenses of organizations concerned with the
approved by the mayor, and by the chair
city council in the case of travel and dues related to the
Payment of Judgments. The provision allows DistrictSec. 103. Identical to provisionSec. 103. Identical to provisionSec. 103. Identical to
ⁱ^{ki/CRS-RL31159}to be used to pay judgments against the city. The provisionin P.L. 106-522.in P.L. 106-522.provision in P.L. 106-522.
^g/w
^s^.or Income and Franchise Tax Act of 1947 (D.C. Code, sec.
^le^ak
^://wiki Employment Personal Services and Consulting ContractNot included in this bill.Not included in this bill.Not included in the final act.
^h^ttp The provision requires the mayor to maintain an index of all
contracts on behalf of the District
and to maintain records for public inspection, including
on severance clauses. The act defines the District
to include any independent agency of the District of
the City council of the District of Columbia, and the
Prohibition Against the Carryover of AppropriatedSec. 104 of this bill. Sec. 104 of this bill. Sec. 104 of the final act.
The provision requires the city to expend funds appropriated
during that fiscal year, unless provided by another
Use of Public Schools. The act allows public schools to beSec. 105 of this bill.Sec. 105 of this bill. Sec. 105 of the final act.

community or partisan political activities during non-school

P.L. 106-522H.R. 2944, House VersionH.R. 2944, Senate Version H.R. 2944 Final
(formerly S. 1543)
Congressional Inspection of Personnel Records. TheSec. 106 of this bill.Not included in this bill.Same as the House version of
records of all persons employed by the District governmentSec. 106.
be made available for inspection by House and Senate
and appropriations subcommittees, and the District of
Payment for Information Leading to Revenue Recovery.Sec. 107 of this bill.Not included in this bill.Not included in the final act.
by the District of Columbia Revenue Recovery Act of
Code, sec. 47-421), District funds may be used to make
to any person or persons furnishing information leading to
of taxes, penalties, or interest owed to the District of
by any person, partnership, corporation, unincorporated
trust, or estate violating the revenue laws of the District
Prohibition on the Use of Funds for Lobbying. ProhibitsSec. 108 of this bill.Sec. 106 of this bill wouldSec. 107. Prohibits the city
ⁱ^{ki/CRS-RL31159} from using funds to defeat any legislation pending beforeprohibit the use of federal fundsfrom using city or federal
^g/wfor lobbying activities, butfunds to defeat any legislation
^s^.orpermit the District to use itspending before Congress or
^le^akown-source revenues forany state legislature. Allows
lobbying activities.the use of District funds for
^://wikilobbying except in instances
^h^ttpinvolving the promotion or
support of any boycott or
activities in support of
statehood for the District or
voting representation in
Congress.
Capital Borrowing Plan. Requires the mayor to developSec. 109 of this bill. Sec. 107 of this bill.Sec. 108 of this act.

capital outlays borrowing plan. The plan is to include
and project information. The mayor is to report to the city

P.L. 106-522H.R. 2944, House VersionH.R. 2944, Senate Version H.R. 2944 Final
(formerly S. 1543)
Prohibition on the Reprogramming of Funds. ProhibitsSec. 110 of this bill. Sec. 108 of this bill wouldSec. 109 identical to Sec. 108
government from reprogramming federal and Districtincrease from 2% to 4% theof the Senate bill.
appropriated under the Act for seven specific activities. Fundslimit on the amount of
reprogrammed funds that may
be transferred between local
account subject to the existing
allocations specifically denied, limited, orreprogramming procedure.
funds for activities or personnel in areas where funds
funding for any project previously deferred through
existing programs or projects by reprogramming
that exceed $1 million or 10% of the existing program’s
ⁱ^{ki/CRS-RL31159} a 20% or greater increase in personnel assigned to a
^g/w
^s^.or may be reprogrammed after congressional review by House
^le^ak Appropriations Committees. Limits the transfer of
funds to not more than 2% of the local funds in the
^://wiki
^h^ttp Limitation on the Use of Appropriated Funds. Limits theSec. 111 of this bill.Sec. 109 of this bill. Sec. 110 of this act.
funds to the activities or objects for which the appropriations
Merit Personnel Act Responsibility of the Mayor. StatesSec. 112 of this bill. The bill alsoSec. 110 of this bill.Sec. 111 identical to Sec. 112
mayor shall be responsible for the administration ofincludes additional provisionsof House bill.

function of employees under the city’s merit pay personnelrelated to certification by the
the provisions of theDistrict’s Director of Personnel
of Columbia Government Comprehensive Merit Personneland the Chief Technology Officer
(CTO) governing the assignment
of employees of private sector
companies to the District
government. Requires CTO to
(continued)

P.L. 106-522H.R. 2944, House VersionH.R. 2944, Senate Version H.R. 2944 Final
(formerly S. 1543)
(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.
City Council Review of Revised Revenue Estimates.Not included in the bill.Sec. 111 of this bill.Sec. 112 same as Sec. 111 of
the mayor to submit to the City council revised revenueSenate bill.
for the first quarter of FY2000 not later than 30 days after
Sole Source Contracts. Prohibits sole source contractsSec. 113 of this bill.Sec. 112 of this bill. Includes aSec. 113 same as Sec. 112 of
s unless competitive bidding is not feasible and theprovision requiring the CFO toSenate bill.
has been approved by the control board as set forth by D.C.review and certify the decision
to invoke or waive the
ⁱ^{ki/CRS-RL31159}competitive bidding process.
^g/w Sequestration under the Balanced Budget. In order toNot included in the bill. Sec. 113 of this bill.Sec. 114 incorporates
^s^.orlanguage of Sec. 113 and 114
^le^ak Deficit Control Act of 1985, federal funds appropriatedof the Senate bill under one
^://wikia District of Columbia appropriations act are to be sequesteredprovision.
^h^ttp
Sequestration Protocol. Outlines the protocol to be usedSec. 114 of this bill.Sec. 114 of this bill.Sec. 114 incorporates
there is a sequestration of federal funds appropriated to thelanguage of Sec. 113 and 114
of the Senate bill under one
provision.
Gifts and Donations. Allows District government agenciesSec. 115 of this bill. Sec. 115 of this bill.Sec. 115 of this act.

the mayor approves, (this provision does not apply in
cases of gifts or donation to the city council);
the gift or donation is used to carry out an agency
function;
the government entity receiving the gift or donation keeps
records of all gifts and donations available for audit and
public inspection.

P.L. 106-522H.R. 2944, House VersionH.R. 2944, Senate Version H.R. 2944 Final
(formerly S. 1543)
Prohibits the Use of Funds for Statehood Lobbying.Sec. 116 of this bill.Sec. 116 of this bill.Sec. 116 of this act.
the use of federal funds for the payment of expenses related
offices of U.S. Senate or U.S. House of Representative under
Public Charter School Procurement Contracts. ThisNot included in this bill.Not included in this bill.Not included in this act.
requires public charter schools to publish requests for
in the D.C. Register at least seven days prior to the
of a procurement contract that exceeds $25,000. This
does not apply in cases related to the lease or purchase
property by the charter school. Public charter schools with
or pre-kindergarten programs are subject to the same child
requirements as District public schools with the same
Public charter schools may also participate in GSA
ⁱ^{ki/CRS-RL31159}DCPS /UDC Quarterly Reports. Requires theNot included in this bill. Not included in this bill.Not included in this act.

^g/w of public schools and UDC to submit quarterly
^s^.or to the mayor, control board, city council, and Congress not
^le^ak 15 days after the end of each quarter. Reports are to
^://wikicurrent quarterly expenditures;
^h^ttplist of frozen accounts;
all active contracts exceeding $10,000;
reprogrammed funds; and
organizational changes
the superintendent of public schools and the University of
of Columbia to submit an annual report to Congress, the
the city council, the control board, and the consensus^th
no later than February 15 of each year. The reports
employees of the school

P.L. 106-522H.R. 2944, House VersionH.R. 2944, Senate Version H.R. 2944 Final
(formerly S. 1543)
Disabled Students Attorney’s Fees. Limits theNot included in this bill.Sec. 138. Senate passed anSec. 140 of this act. Prohibits
for attorneys representing disabled students to no moreamendment that would increasethe use funds appropriated
Allows the Mayor and the Superintendent of Publicthe limit on attorney’s fees tounder this and subsequent
$150 per hour and $3,000 perappropriation act from being
case. Sec. 138 would lift theused to pay attorney’s fees
cap for attorney representingassociated with representing
any student:disabled students incurred
(a) from a family with anprior to the enactment of this
annual income of less thanact. Requires the DC public
$17,600; or school system to submit to
(b) from a family where oneCongress a report that lists
of the parents is a disabledjudgements against the DC
veteran; or public schools under the
(c) where the child has beenIndividuals with Disabilities
adjudicated as neglected orEducation Act . The report
ⁱ^{ki/CRS-RL31159}abused. is to be submitted with 60
^g/wdays of enactment of this act
^s^.orand is to include detailed
^le^akinformation for each of the
years 1999 to 2001 on the
^://wikiamount paid and owed
^h^ttpplaintiffs' attorneys and
attorneys representing the
school board.
Abortion. Prohibits the use of funds for abortion servicesSec. 117 of this bill.Sec. 117 of this bill.Sec. 117 of this act.
in cases of rape, incest, or when the mother’s health is
Health Care Benefits Expansion Act. Prohibits the useSec. 118 of this bill would allowSec. 118 of this bill wouldSec. 118 identical to Sec. 118
and federal funds to implement the Health Care Benefitsthe District to use localallow the District to use localof House and Senate bills.

Act of 1992, which extends medical, employment, and(District), but not federal, funds(District), but not federal, funds
to implement the act.to implement the act.

P.L. 106-522H.R. 2944, House VersionH.R. 2944, Senate Version H.R. 2944 Final
(formerly S. 1543)
Control Board Approval of Budget for UDC, DCPS, andNot included in this bill.Not included in this bill.Not included in this act.
Allows the control board acting on behalf of the public
University of the District of Columbia, Board of Library
and the District of Columbia School of Law to vote and
to the mayor for inclusion in the mayor’s budget
Acceptance of Grant Funds Not Included in Ceiling.Sec. 119 of this bill differsSec. 119 of this bill differs fromSec. 119 allows the mayor,
grant fundsslightly from Sec. 126 of P.L.Sec. 126 of P.L. 106-522 andafter consulting with CFO, to
106-522. It would require theSec. 119 of the House bill. Theaccept and expend grants
the CFO submits a detailed report on the grant to theCFO to submit a detailed reportbill would make acceptance offrom private and federal
control board; and to the city council, and not thefederal, private, or other grantssources that are not part of
the control board has reviewed and approved the grant.control board, for its approvalcontingent upon the absence ofthis appropriation. Such gifts
within 15 days after the receiptany written or oral notice ofmay be accepted and
ⁱ^{ki/CRS-RL31159}prohibits the city from expending city funds inanticipation of a grant award;of the report from the CFO. disapproval from the CFO filedwith the city council within 14expended only after the CFOhas submitted to the Council a
^g/wrequires the CFO to submit to the city council and Housedays of receipt of the reportdetailed report regarding such
^s^.orand Senate Appropriations Committees detailed reportsfrom the CFO. If notice ofgrants. The Council has 15
^le^akregarding all federal and private grants approved underdisapproval is given within thedays after receipt of the report
^://wikithis section;requires the control board to submit to congressional14-day time frame, city councilmay approve or disapprove theto review and approve itsacceptance. The act prohibits
^h^ttpappropriations and authorizing committees a quarterlyreport by resolution within 30the expenditure of District
report accounting for all non-appropriated funds.calendar days of receipt of thefunds in anticipation of the
report from the CFO. The billCouncil’s approval. It
enhances local control byrequires the CFO to submit to
including the city council in theCongress quarterly reports
process of reviewing andtracking such grants.
accepting grants.
Court Ordered Receiverships. In cases where a DistrictNot included in this bill.Not included in this bill.Not included in this act.

is under the control of a court appointed receiver, requires the
submit to the mayor budget estimates for the agency for the
fiscal year. The mayor may include his own funding
but may not revise the receiver’s budget estimates
forwarding these estimates to the city council. During its
deliberations the city council may recommend but may not

P.L. 106-522H.R. 2944, House VersionH.R. 2944, Senate Version H.R. 2944 Final
(formerly S. 1543)
Use of City Vehicles. Limits a District employee’s use ofSec. 120 of this bill. The billSec. 120 of this bill. TheSec. 120 same as Sec. 120 of
vehicles only to performance of official duties. Grants fourwould require the CFO toSenate bill includes theHouse bill.
inventory all vehicles owned,requirement for an analysis
to travel to and fromleased, or operated by thecomparing cost under District
ork and home only if the officer resides in the District ofDistrict government byand federal (GSA) procurement
November 15, 2001. The billregulations and procedures
employee of the Fire and Emergency Ambulanceincludes an additional provisionunder Sec. 121.
who resides in the District and is on call 24 hoursfor items in excess of $2,500,
that requires that the District
conduct a cost analysis for the
procurement of goods and
the CFO to submit an inventory of all vehicles owned,services comparing costs under
or operated by the District government by November 15,District procurement regulations
and procedures with those
applicable under the federal
ⁱ^{ki/CRS-RL31159}(GSA) supply schedules.
^g/w Employee Details and Reductions in Force. RequiresNot included in this bill.Not included in this bill. Not included in this act.
^s^.or government employees on detail from an agency be paid
^le^aknds of the agency to which they are detailed. Modifies
^://wiki
^h^ttp Special Education Evaluation Time Frame. This provisionSec. 121 of this bill. Sec. 122 of this bill.Sec. 121 of this act.
that the school board complete an evaluation of students
be in need of special education services within 120 days of
as defined by federal law (Individuals with Disabilities
Act (20 U.S.C. 1401(a)(1)) or the Rehabilitation Act of
Buy American Act. Encourages District government toSec. 122 of this bill. Sec. 123 of this bill.Sec. 122 of this act.
with the Buy American Act 41 U.S.C. 10a-10c). Includes a
of the Congress provision encouraging the purchase of
Inspector General Audits. Only the District of ColumbiaSec. 123 of this bill. Sec. 124 requires that the auditSec. 123 amends Sec. 132 to
General may conduct and certify agency audits inbe conducted in coordinationinclude requirement that
with the District of Columbia Procurement Practices Actwith the CFO.Inspector coordinate the audit
with the CFO.

P.L. 106-522H.R. 2944, House VersionH.R. 2944, Senate Version H.R. 2944 Final
(formerly S. 1543)
Voting Representation Cost Prohibition. Prohibits theSec. 124 of this bill.Sec. 125. prohibits the use ofSec. 124 same as Sec. 124 of
federal and District funds, including funds for the corporationfederal, but allows the use ofHouse bill and Sec. 133 of
to cover the cost of court challenges aimed at providing cityDistrict, funds for courtexisting law.
challenges seeking
congressional voting
representation for District
residents.
Prisoner Transfers Prohibition. Prohibits the transfer ofNot included in this bill.Not included in this bill.Not included in this act.
security prisoners to the Northeast Ohio Correctional
Inspector General Audit. Requires the IG to annuallyNot included in this bill.Not included in this bill.Not included in this act.
Trust Fund by February 1
ⁱ^{ki/CRS-RL31159} Revised Operating Budget Submission. Requires the CFO to the appropriate committees of Congress, the mayor, theSec. 135 of this bill excludes anyreference to the control board andSec. 126 of this bill excludesany reference to the controlSec. 135 of this act is same asSec. 135 of House bill.
^g/w and the control board a revised appropriated fundsrequires submission of theboard and requires submission
^s^.or budget not later than November 1, 2000, or within 30 daysrevised operating budget not laterof the revised operating budget
^le^akthan November 1, 2001, ornot later than November 1,
^://wikiwithin 30 days after the passageof this Act. 2001, or within 30 days afterthe passage of this Act.
^h^ttp
Needle Exchange Program. Prohibits the creation andSec. 125 of this bill.Sec. 127 of this bill. The billSec. 125 of this act.

of a needle exchange program with federal or Districtwould modify the existing
funds. Such programs may be funded with private fundsprovision by lifting the
prohibition on the use of
District funds for such
programs.

P.L. 106-522H.R. 2944, House VersionH.R. 2944, Senate Version H.R. 2944 Final
(formerly S. 1543)
Lease Agreements and Abstracts. Sixty days afterNot included in billNot included in this bill.Not included in this act.
the Act may be
pay leasing fees unless the lease and an abstract of the lease
deputy mayor
development. All leased properties must be occupied.
of the funds appropriated under the Act may be used to pay
the lease is included in periodic reports submitted
mayor and the city council to House and Senate
Committees. The report is to include information on
the extent to which the property is occupied. Where
is impractical, the District must develop a plan to
real property the city has leased
ⁱ^{ki/CRS-RL31159} Prohibition on New Lease Agreements. Prohibits the cityNot included in this bill. Not included in this bill.Not included in this act.
^g/w into new lease agreements unless the mayor certifies
^s^.orHouse and Senate Appropriations Committees that existing
^le^akproperty does not meet city’s needs. Within 60 days of
^://wiki of this Act the mayor must provide a report outlining a real property management plan to House and Senate
^h^ttp and appropriations committees. If the city enacts
legislation governing real property leasing practices and
the provision prohibiting the District government from
new leases subject to congressional review would be voided.
CFO Certifications. Funds may not be used to paySec. 126 of this bill. Sec. 128 of this bill. Sec. 126 of this act.
CFOs 60 days after the passage of this Act if the agency
certifying that the agency CFO understands and will abide

1. FY2002 Budget Adjustments. Budget submitted by theNot included in this bill.Not included in this bill.Not included in this act.

for approval by Congress may specify potential adjustments
t become necessary if projected management savings are

P.L. 106-522H.R. 2944, House VersionH.R. 2944, Senate Version H.R. 2944 Final
(formerly S. 1543)
Budget Definition of Miscellaneous and Other. RequiresSec. 127 of this bill.Not included in this bill.Not included in this act.
budget submissions to define the terms “miscellaneous” and
Medical Marijuana Initiative. Prohibits the use of federalSec. 128 of this bill. Sec. 129 of this bill.Sec. 127 of this act.
funds in carrying out any law or regulation that legalizes
the penalty for possession of a Schedule I substance,
the medical use of marijuana. Prohibits the implementation
Zone Academy Bonds. Allows the mayor to allocate zoneSec. 129 of this bill. Not included in this bill.Not included in this act.
Corrections Trustee and Corrections EmployeesNot included in this bill. Not included in this bill.Not included in this act.
to Federal Employment Status. Converts or treats trustee
for the corrections trustee as federal employees for
ⁱ^{ki/CRS-RL31159} health, and life insurance purposes. This includes in the Office of Adult Probation, Office of Parole, and
^g/w
^s^.or
^le^ak Franklin School Disposition. Sense of the CongressNot included in this bill.Not included in this bill.Not included in this act.
urging the expedited sale of the Franklin School property.
^://wiki
^h^ttp Conscience Clause Covering Contraceptive Coverage inSec. 130 of this bill.Sec. 130 of this bill.Sec. 128 of this act.
Health Plans. The provision requires the inclusion of a
clause allowing employers to exclude contraceptive
in the employer’s health insurance plan for moral or
Chief Medical Examiner. Repeals Chapter 23, Title 11Not included in this bill. Not included in this bill.Not included in this act.

Removes the Chief Medical Examiner from court jurisdiction

P.L. 106-522H.R. 2944, House VersionH.R. 2944, Senate Version H.R. 2944 Final
(formerly S. 1543)
Prompt Payment of Appointed Counsel. Requires the DCSec. 131 of this bill. TheSec. 131 of this bill. TheSec. 129 of this act includes
of Appeals to make payment to counsel representing indigentprovision would apply to claimsprovision would apply to claimslanguage of Sec. 149 of P.L.
and children in neglect and abuse cases within 45 days ofmade during FY2002, andmade during FY2002, and106-522 and Sec. 131 of
a payment voucher. Failure to make payment within theunpaid claims received prior tounpaid claims received prior toSenate bill.
time period would require the DC Court of Appeals to paythe end of FY2001.the end of FY2001.
to the attorneys representing indigent persons, and children
and abuse cases. Requires the Court to establish standards
Limitations on Needle Exchange Programs. Prohibits theNot included in this bill. Not included in this bill.Not included in this act.
public pools, schools, colleges, parks, video arcades, public
playgrounds, and youth centers. Requires Public Housing
to submit monthly reports to House and Senate
activities involving illegal drugs in,
ⁱ^{ki/CRS-RL31159}
^g/w Teenage Smoking. Bans possession of tobacco by minorsSec. 132 of this bill. Not included in this bill.Sec. 130 of this act.
^s^.or fines, community service, and revocation of driving
^le^ak Provides $100,000 in federal assistance for enforcement
^://wiki Corporation Counsel Review of Private Lawsuits. AllowsSec. 133 of this bill.Not included in this bill.Sec. 132 of this act.
^h^ttp review and comment on briefs
s filed by private citizens, and to consult government
regarding such lawsuits. This provision would allow
counsel to review pending lawsuits regarding voting
EPA and Federal Cooperative Agreement Act. AllowsNot included in this bill.Not included in this bill.Not included in this act.

enter into cooperative agreements and grants in DC if
purpose is to provide comparable benefits to federal and

P.L. 106-522H.R. 2944, House VersionH.R. 2944, Senate Version H.R. 2944 Final
(formerly S. 1543)
Comprehensive Financial Management Policy. RequiresNot included in this bill.Not included in this bill.Not included in this act.
management policy that includes
policy; debt management
financial asset management policy; emergency reserve
tax-exemption policy. Requires the CFO to undertake an
review of the city’s financial management policy and to
proposed changes in policy to the mayor and the control
in a control year by July 1. Requires the CFO, after the
and control board have commented, to submit its
to the city council for enactment no later than
1 of each year. The policy and any changes are to be
to House and Senate District oversight committees. The
establishes a schedule for submission of the first financial
ⁱ^{ki/CRS-RL31159} Appointment, Dismissal, and Duties of the CFO. TheNot included in this bill.Not included in this bill.Not included in this act.
^g/w provides for the appointment and dismissal of the CFO by
^s^.or with confirmation by the city council. Requires a 2/3 vote
^le^ak city council to approved the dismissal of the CFO. The
^://wiki a 30-day congressional review period before the or dismissal of the CFO may take effect. Identifies
^h^ttp the CFO including administering the District’s
and retirement systems, cash management program,
policies and principles, borrowing program, preparing
quarterly, and monthly financial reports of accounting and
operations, and preparing — within 120 days after the end
fiscal year — the complete financial statement and report on
Overtime Pay. Establishes a minimum threshold of 40Not included in this bill.Not included in this bill.Not included in this act.
Drug Free Workplace. Waives the requirement for HealthNot included in this bill.Not included in this bill.Not included in this act.

an Services (HHS) review and certification of the Court
s and Offender Supervision Agency drug free workplace

P.L. 106-522H.R. 2944, House VersionH.R. 2944, Senate Version H.R. 2944 Final
(formerly S. 1543)
Budget-linked Quality of Life Factors. Identifies aNot included in this bill.Sec. 132 of this bill. Sec. 131 of this act.
r of quality-of-life indicators that characterize the city’s
in the areas of crime, education, corrections,
of public services. Directs the mayor to submit
reports to House and Senate appropriation and oversight
Emergency Cash Reserve and Contingency ReserveNot included in this bill.Sec. 133 of this bill modifiesSec. 132 of this act is same as
. The act amends the Home Rule Act establishing interestSec. 159 of P.L. 106-522.Sec. 133 of Senate bill.

reserve funds: an emergency reserve fund equal to 4% ofRequires budget reserve of
budget derived from local funds, and a contingency$120 million in FY2002, and
fund equal to 3% of total operating budget derived from local$70 million in FY2003. For
each of fiscal years 2004 and
Establishes the criteria for use of2005 the District must maintain
cash reserve fund to include unanticipated anda cumulative cash reserve of
ⁱ^{ki/CRS-RL31159} needs such as a natural disaster or state$50 million. Outlines theconditions under which budget
^g/wactivities in agencies administered by a receiver or otherand cash reserves may be used
^s^.orcourt appointed official;to include:
^le^akshortfalls in budget reductions, and !CFO certification that
^://wikisettlements and judgements. funds are available; !amounts are to be
^h^ttpan analysis by the CFO of the availability of other fundingobligated or expended in
sources, and the impact of the allocation on the emergencyaccordance with laws
reserve fund; and enacted by city council;
the CFO projects that the contingency reserve fund will or!prohibition on the use of
has been exhausted. funds for agencies under
requires the mayor and CFO, in a non-control year, to notifycourt ordered
Appropriations Committees in writing withinreceivership; and
after the expenditure of emergency reserve funds. Requires!only after House and
to replenish the reserve fund each year in order toSenate Appropriations
Committees have been
notified by the mayor in
writing 30 days in
advance of any
obligation or
expenditure.

P.L. 106-522H.R. 2944, House VersionH.R. 2944, Senate Version H.R. 2944 Final
(formerly S. 1543)
(continued) Contingency Cash Reserve Fund. RequiresRequires funds take from the
governing the fund shall be established by the CFO inreserve be replenished in order
with the mayor. The act establishes the criteria for useto maintain required balance.
contingency cash reserve fund to include unanticipated needs,Transfers all funds in the $150
million budget reserve created
obligations created by federal law, or new public safetyunder Sec. 106-113 into the
requirements, opportunities to achieve cost savings, or forEmergency and Contingency
months revenue shortfalls are 5% or more belowReserve Funds established
forecast. Funds may be allocated only after an analysis byunder Sec. 159 of P.L. 106-
the availability of other funding sources and the impact522.
allocation on the contingency reserve fund. Requires the
fund each year in order to maintain
Reports. The act requires the CFO to submit quarterly
to the mayor, city council, and House and Senate
ⁱ^{ki/CRS-RL31159} Committees on the balance and activities of the
^g/w
^s^.orRequires the District to maintain the $150
^le^ak
^://wiki Tobacco Settlement-Backed Revenue Bonds. City council to the Tobacco Settlement Financing Corporation theNot included in this bill.Not included in this bill.Not included in this act.
^h^ttp issue revenue bonds, notes, and other obligations to
funds for use in financing capital projects. The provision
review period for the Tobacco Settlement
Construction Funds for Charter Schools. Includes charterNot included in this bill.Not included in this bill.Not included in this act.

as eligible entities for school construction and repair funds
Act of 1996. The provision provides $5 million in
enhancement funds for public charter schools with 50% of
awarded to nonprofit corporations to assist the public
schools obtain financing for the acquisition of real property,
of facilities, enhancing the

P.L. 106-522H.R. 2944, House VersionH.R. 2944, Senate Version H.R. 2944 Final
(formerly S. 1543)
loans or grants to charter schools. Fifty percent of the $5
may be made available to public charter schools for the
of obtaining financing for the acquisition of real property,
expansion, and renovation of facilities, enhancing the
of loans and bonds. These funds are to be administered
that is to be appointed by the mayor. Not more than
Washington Marina. Grants the mayor exclusiveNot included in this bill.Not included in this bill.Not included in this act.
to negotiate, approve, and execute leases with existing
of the Washington Marina and Washington municipal fishing
Lorton Property. Transfers certain property in the LortonNot included in this bill.Not included in this bill.Not included in this act.
ⁱ^{ki/CRS-RL31159} Inspector General Audit Subcontractors. Directs theNot included in this bill.Not included in this bill.Not included in this act.
^g/w General to hire an auditor to audit the District’s annual
^s^.or statement and report. Allows the primary auditor hired by
^le^ak to subcontract the work. Allows a subcontracting auditor to
^://wikias the primary auditor in the succeeding year if the is not a signatory to the financial statement and report
^h^ttpprevious year, the subcontractor is not an employee of the
auditor, and the primary auditor reviewed and approved the
Lorton and Meadowood Farm Land Exchange. AllowsNot included in this bill.Not included in this bill.Not included in this act.
transfer of property known as Meadowood Farm to the
government in exchange for real property at the Lorton
DC Highway Funds Transfer for 14^th Street BridgeNot included in this bill.Not included in this bill.Not included in this act.
Transfers up to $5 million from the city’s highway trust^th
study the feasibility of expanding the lane capacity of the 14
Bridge. Funds are to be used for design work and
Conference Report Statement.Not included in this bill.Not included in this bill.Not included in this act.

P.L. 106-522H.R. 2944, House VersionH.R. 2944, Senate Version H.R. 2944 Final
(formerly S. 1543)
Sec. 134. Proceeds from RealSec. 134. Integrated ProductSec. 134 same as Sec. 134 of
Property Disposition. DirectsTeam. Prohibits theSenate bill.
the GSA to sell any land at theappropriation of funds for the
Lorton Correctional ComplexIntegrated Product Team the
that is not transferred to thecity council has approved a
Department of Interior, Amtrak,reorganization plan for the team
Fairfax County, or otherwiseand a Capital Construction
transferred. Proceeds from theServices Administration.
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
ⁱ^{ki/CRS-RL31159}and Operations appropriation
^g/waccount of the GSA.
^s^.orSec. 135. Revised OperatingSec. 135. CorporationNot included in this act.
^le^akBudget Submission. See Sec.Counsel Antitrust, Anti-fraud,
^://wiki136 of P.L. 106-522.Consumer Protection Funds. Provides access by the city’s
^h^ttpCorporation Counsel for use
until September 30, 2003.
Sec. 136. City CouncilNot included in this bill.Sec. 137 of this act is
Chairman Compensation.identical to Sec. 136 of House
Eliminates the provision thatbill.

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.

P.L. 106-522H.R. 2944, House VersionH.R. 2944, Senate Version H.R. 2944 Final
(formerly S. 1543)
Not included in this bill.Sec. 136. Risk ManagementSec. 137 of this act is
for Settlements and Judgments. identical to Sec. 136 of
Allows any District governmentSenate bill.
agency to pay a settlement or
judgement stemming from a
claim or lawsuit that does not
exceed $10,000.
Sec. 137. Buy AmericaNot included in this bill.Language included in Sec.
Sanctions. Federal and District122 of this act.
funds may not be used to pay or
compensate any entity that
violates the Buy America Act.
Not included in this bill.Sec. 137. Closing of CertainSec. 138 of this act.
Streets. Waives the period of
ⁱ^{ki/CRS-RL31159}congressional review for closing^nd
^g/wportions of 2 & N Streets NE.
^s^.orSec. 138. Boy Scouts. ProhibitsNot included in this bill.Sec. 139 of this Act identical
^le^akthe use of District or federalto Sec. 138 of the House bill.
^://wikifunds for payment to plaintiffsawarded $50,000 by the
^h^ttpDistrict’s Commission on Human
Rights related to Boy Scout’s
policy prohibiting homosexuals
from serving as scout leaders.
Not included in this bill.See Section 122 of P.L. 106-Sec. Section 122 of P.L. 106-
522, Special Needs Students522, Special Needs Students
Attorneys’ Fees. Attorneys’ Fees.
Not included in this bill.Sec. 140. Mandatory AdvancedNot included in this act.

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.

P.L. 106-522H.R. 2944, House VersionH.R. 2944, Senate Version H.R. 2944 Final
(formerly S. 1543)
Not included in this bill.Sec. 141. GAO Report onSec. 141. GAO Report on
Attorney’s Fees for SpecialAttorney’s Fees for Special
Needs Students. Directs GAO,Needs Students. Similar to
with the assistance of relevantSenate version of Sec. 141
agencies and House and Senateexcept for date of submission
subcommittees on DCof the report. Directs GAO to
appropriations and oversight, tosubmit a report on judgement
submit by January 2, 2002 aand attorneys’ fees in cases
report to the Committees onbrought under the IDEA by
Appropriations of the HouseMarch 31, 2002. (See also
and the Senate and theSec. 122 of P.L. 106-522.)

Committee on Governmental
Affairs of the Senate and the
Committee on Government
Reform of the House of
ⁱ^{ki/CRS-RL31159}Representatives detailing the
^g/wawards in judgment rendered in
^s^.orthe District of Columbia that
^le^akwere in excess of the cap
imposed by prior appropriations
^://wikiacts in effect during the fiscal
^h^ttpyear 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. 106-

522.