Home > 107th Congressional Public Laws > Pub.L. 107-097 Making further continuing appropriations for the fiscal year 2002, and for other purposes. <> ...

Pub.L. 107-097 Making further continuing appropriations for the fiscal year 2002, and for other purposes. <> ...


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Columbia for such fiscal year or $6,048,160,000 (of which $124,163,000 
shall be from intra-District funds and $3,574,493,000 shall be from 
local funds): Provided further, That this amount may be increased by 
proceeds of one-time transactions, which are expended for emergency or 
unanticipated operating or capital needs: Provided further, That such 
increases shall be approved by enactment of local District law and shall 
comply with all reserve requirements contained in the District of 
Columbia Home Rule Act as amended by this Act: Provided further, That 
the Chief Financial Officer of the District of Columbia shall take such 
steps as are necessary to assure that the District of Columbia meets 
these requirements, including the apportioning by the Chief Financial 
Officer of the appropriations and funds made available to the District 
during fiscal year 2002, except that the Chief Financial Officer may not 
reprogram for operating expenses any funds derived from bonds, notes, or 
other obligations issued for capital projects.

                   Governmental Direction and Support

    Governmental direction and support, $286,138,000 (including 
$229,421,000 from local funds, $38,809,000 from Federal funds, and 
$17,908,000 from other funds): Provided, That not to exceed $2,500 for 
the Mayor, $2,500 for the Chairman of the Council of the District of 
Columbia, and $2,500 for the City Administrator shall be available from 
this appropriation for official purposes: Provided further, That any 
program fees collected from the issuance of debt shall be available for 
the payment of expenses of the debt management program of the District 
of Columbia: Provided further, That no revenues from Federal sources 
shall be used to support the operations or activities of the Statehood 
Commission and Statehood Compact Commission: Provided further, That the 
District of Columbia shall identify the sources of funding for Admission 
to Statehood from its own locally-generated revenues: Provided further, 
That notwithstanding any other provision of law, or Mayor's Order 86-45, 
issued March 18, 1986, the Office of the Chief Technology Officer's 
delegated small purchase authority shall be $500,000: Provided further, 
That the District of Columbia government may not require the Office of 
the Chief Technology Officer to submit to any other procurement review 
process, or to obtain the approval

[[Page 115 STAT. 934]]

of or be restricted in any manner by any official or employee of the 
District of Columbia government, for purchases that do not exceed 
$500,000: Provided further, That not less than $353,000 shall be 
available to the Office of the Corporation Counsel to support increases 
in the Attorney Retention Allowance: Provided further, That not less 
than $50,000 shall be available to support a mediation services program 
within the Office of the Corporation Counsel: Provided further, That not 
less than $50,000 shall be available to support a TANF Unit within the 
Child Support Enforcement Division of the Office of the Corporation 
Counsel: Provided further, That of all funds in the District of Columbia 
Antitrust Fund established pursuant to section 2 of the District of 
Columbia Antitrust Act of 1980 (D.C. Law 3-169; D.C. Official Code, sec. 
28-4516) an amount not to exceed $386,000, of all funds in the Antifraud 
Fund established pursuant to section 820 of the District of Columbia 
Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 
6-85; D.C. Official Code, sec. 2-308.20) an amount not to exceed 
$10,000, and of all funds in the District of Columbia Consumer 
Protection Fund established pursuant to section 1402 of the District of 
Columbia Budget Support Act for fiscal year 2001 (D.C. Law 13-172; D.C. 
Official Code, sec. 28-3911) an amount not to exceed $233,000, are 
hereby made available for the use of the Office of the Corporation 
Counsel of the District of Columbia until September 30, 2003, in 
accordance with the statutes that established these funds.

                   Economic Development and Regulation

    Economic development and regulation, $230,878,000 (including 
$60,786,000 from local funds, $96,199,000 from Federal funds, and 
$73,893,000 from other funds), of which $15,000,000 collected by the 
District of Columbia in the form of BID tax revenue shall be paid to the 
respective BIDs pursuant to the Business Improvement Districts Act of 
1996 (D.C. Law 11-134; D.C. Official Code, sec. 2-1215.01 et seq.), and 
the Business Improvement Districts Amendment Act of 1997 (D.C. Law 12-
26; D.C. Official Code, sec. 2-1215.15 et seq.): Provided, That such 
funds are available for acquiring services provided by the General 
Services Administration: Provided further, That Business Improvement 
Districts shall be exempt from taxes levied by the District of Columbia: 
Provided further, That the Department of Consumer and Regulatory Affairs 
shall use $50,000 of the receipts from the net proceeds from the 
contractor that handles the District's occupational and professional 
licensing to fund additional staff and equipment for the Rental Housing 
Administration: Provided further, That the Department of Consumer and 
Regulatory Affairs shall transfer up to $293,000 from other funds 
resulting from the lapse of personnel vacancies, caused by transferring 
DCRA employees into NSO positions without filling the resultant 
vacancies, into the revolving 5-513 fund to be used to implement the 
provisions in D.C. Law 13-281, the Abatement and Condemnation of 
Nuisance Properties Omnibus Amendment Act of 2000, pertaining to the 
prevention of the demolition by neglect of historic properties: Provided 
further, That the fees established and collected pursuant to Law 13-281 
shall be identified, and an accounting provided, to the District of 
Columbia Council's Committee on Consumer and Regulatory Affairs: 
Provided further, That 18 percent of the annual total amount in the 5-

[[Page 115 STAT. 935]]

513 fund, up to $500,000, deposited into the 5-513 fund on an annual 
basis, be used to implement section 102 and other related sections of 
D.C. Law 13-281.

                        Public Safety and Justice

    Public safety and justice, $633,853,000 (including $594,803,000 from 
local funds, $8,298,000 from Federal funds, and $30,752,000 from other 
funds): Provided, That not to exceed $500,000 shall be available from 
this appropriation for the Chief of Police for the prevention and 
detection of crime: Provided further, That notwithstanding any other 
law, section 3703 of title XXXVII of the Fiscal Year 2002 Budget Support 
Act of 2001 (D.C. Bill 14-144), adopted by the Council of the District 
of Columbia, is enacted into law: Provided further, That the Mayor shall 
reimburse the District of Columbia National Guard for expenses incurred 
in connection with services that are performed in emergencies by the 
National Guard in a militia status and are requested by the Mayor, in 
amounts that shall be jointly determined and certified as due and 
payable for these services by the Mayor and the Commanding General of 
the District of Columbia National Guard: Provided further, That such 
sums as may be necessary for reimbursement to the District of Columbia 
National Guard under the preceding proviso shall be available from this 
appropriation, and the availability of the sums shall be deemed as 
constituting payment in advance for emergency services involved: 
Provided further, That no less than $173,000,000 shall be available to 
the Metropolitan Police Department for salary in support of 3,800 sworn 
officers: Provided further, That no less than $100,000 shall be 
available in the Department of Corrections budget to support the 
Corrections Information Council: Provided further, That not less than 
$296,000 shall be available to support the Child Fatality Review 
Committee.

                         Public Education System

    Public education system, including the development of national 
defense education programs, $1,108,665,000 (including $896,994,000 from 
local funds, $185,044,000 from Federal funds, and $26,627,000 from other 
funds), to be allocated as follows: $813,042,000 (including $661,124,000 
from local funds, $144,630,000 from Federal funds, and $7,288,000 from 
other funds), for the public schools of the District of Columbia; 
$47,370,000 (including $19,911,000 from local funds, $26,917,000 from 
Federal funds, $542,000 from other funds), for the State Education 
Office, $17,000,000 from local funds, previously appropriated in this 
Act as a Federal payment, and such sums as may be derived from interest 
earned on funds contained in the dedicated account established by the 
Chief Financial Officer of the District of Columbia, for resident 
tuition support at public and private institutions of higher learning 
for eligible District of Columbia residents; and $142,257,000 from local 
funds for public charter schools: Provided, That <<NOTE: Charter 
schools. Deadline.>>  there shall be quarterly disbursement of funds to 
the District of Columbia public charter schools, with the first payment 
to occur within 15 days of the beginning of each fiscal year: Provided 
further, That if the entirety of this allocation has not been provided 
as payments to any public charter school currently in operation through 
the per pupil funding formula, the funds shall be available for public 
education in accordance with the School Reform Act of 1995 (Public Law 
104-134; D.C.

[[Page 115 STAT. 936]]

Official Code, sec. 38-1804.03(b)(e)(A)): Provided further, That 
$480,000 of this amount shall be available to the District of Columbia 
Public Charter School Board for administrative costs: Provided further, 
That section 161 of the District of Columbia Appropriations Act, 2001 
(Public Law 106-522; 114 Stat. 2483, 2484), is <<NOTE: 20 USC 1155.>>  
amended, as if included in the Act--
            (1) by striking ``not later than 1 year after the date of 
        the enactment of the District of Columbia Appropriations Act, 
        2001,'';
            (2) by inserting ``revolving'' after ``enhancement'' in the 
        second sentence of paragraph (2)(B), in the heading of paragraph 
        (3), and in paragraph (3)(A); and
            (3) by striking ``10 percent'' and inserting ``5 percent'':

Provided further, That the cap on administrative costs as amended by 
section 161 of the District of Columbia Appropriations Act, 2001 (Public 
Law 106-522; 114 Stat. 2484), is amended by striking ``10 percent'' and 
inserting ``5 percent'': Provided further, That $76,542,000 (including 
$45,912,000 from local funds, $12,539,000 from Federal funds, and 
$18,091,000 from other funds) shall be available for the University of 
the District of Columbia: Provided further, That $400,000 shall be 
available for Enhancing and Actualizing Internationalism and 
Multiculturalism in the Academic Programs of the University of the 
District of Columbia: Provided further, That <<NOTE: Deadline.>>  
$1,277,500 shall be paid by the Chief Financial Officer to the Excel 
Institute for operations as follows: $277,500 to cover debt owed by the 
University of the District of Columbia for services rendered shall be 
paid to the Excel Institute within 15 days of enactment of this Act; and 
$1,000,000 for fiscal year 2002 shall be paid to the Excel Institute in 
equal quarterly installments within 15 days of the beginning of each 
quarter: Provided further, That not less than $200,000 for Adult 
Education: Provided further, That $27,256,000 (including $26,030,000 
from local funds, $560,000 from Federal funds and $666,000 other funds) 
for the Public Library: Provided further, That the $1,007,000 
enhancement shall be allocated such that $500,000 is used for facilities 
improvements for 8 of the 26 library branches, $235,000 for 13 FTEs for 
the continuation of the Homework Helpers Program, $143,000 for 2 FTEs in 
the expansion of the Reach Out And Read (ROAR) service to licensed day 
care homes, and $129,000 for 3 FTEs to expand literacy support into 
branch libraries: Provided further, That $2,198,000 (including 
$1,760,000 from local funds, $398,000 from Federal funds and $40,000 
from other funds) shall be available for the Commission on the Arts and 
Humanities: Provided further, That the public schools of the District of 
Columbia are authorized to accept not to exceed 31 motor vehicles for 
exclusive use in the driver education program: Provided further, That 
not to exceed $2,500 for the Superintendent of Schools, $2,500 for the 
President of the University of the District of Columbia, and $2,000 for 
the Public Librarian shall be available from this appropriation for 
official purposes: Provided further, That none of the funds contained in 
this Act may be made available to pay the salaries of any District of 
Columbia Public School teacher, principal, administrator, official, or 
employee who knowingly provides false enrollment or attendance 
information under article II, section 5 of the Act entitled ``An Act to 
provide for compulsory school attendance, for the taking of a school 
census in the District of Columbia, and for other purposes'', approved 
February 4, 1925 (D.C. Official Code, sec. 38-

[[Page 115 STAT. 937]]

201 et seq.): Provided further, That this appropriation shall not be 
available to subsidize the education of any nonresident of the District 
of Columbia at any District of Columbia public elementary and secondary 
school during fiscal year 2002 unless the nonresident pays tuition to 
the District of Columbia at a rate that covers 100 percent of the costs 
incurred by the District of Columbia which are attributable to the 
education of the nonresident (as established by the Superintendent of 
the District of Columbia Public Schools): Provided further, That this 
appropriation shall not be available to subsidize the education of 
nonresidents of the District of Columbia at the University of the 
District of Columbia, unless the Board of Trustees of the University of 
the District of Columbia adopts, for the fiscal year ending September 
30, 2002, a tuition rate schedule that will establish the tuition rate 
for nonresident students at a level no lower than the nonresident 
tuition rate charged at comparable public institutions of higher 
education in the metropolitan area: Provided further, That 
notwithstanding any other provision of law, rule, or regulation, the 
evaluation process and instruments for evaluating District of Columbia 
Public School employees shall be a non-negotiable item for collective 
bargaining purposes: Provided further, That the District of Columbia 
Public Schools shall spend $1,200,000 to implement D.C. Teaching Fellows 
Program in the District's public schools: Provided further, That 
notwithstanding the amounts otherwise provided under this heading or any 
other provision of law, there shall be appropriated to the District of 
Columbia public charter schools on July 1, 2002, an amount equal to 25 
percent of the total amount provided for payments to public charter 
schools in the proposed budget of the District of Columbia for fiscal 
year 2003 (as submitted to Congress), and the amount of such payment 
shall be chargeable against the final amount provided for such payments 
under the District of Columbia Appropriations Act, 2003: Provided 
further, That notwithstanding the amounts otherwise provided under this 
heading or any other provision of law, there shall be appropriated to 
the District of Columbia Public Schools on July 1, 2002, an amount equal 
to 10 percent of the total amount provided for the District of Columbia 
Public Schools in the proposed budget of the District of Columbia for 
fiscal year 2003 (as submitted to Congress), and the amount of such 
payment shall be chargeable against the final amount provided for the 
District of Columbia Public Schools under the District of Columbia 
Appropriations Act, 2003: Provided further, That the first paragraph 
under the heading ``Public Education System'' in Public Law 107-20, 
approved July 24, 2001, is <<NOTE: Ante, p. 172.>>  amended to read as 
follows: ``For an additional amount for `Public Education System', 
$1,000,000 from local funds to remain available until September 30, 
2002, for the State Education Office for a census-type audit of the 
student enrollment of each District of Columbia Public School and of 
each public charter school and $12,000,000 from local funds for the 
District of Columbia Public Schools to conduct the 2001 summer school 
session.''.

                         Human Support Services

                      (including transfer of funds)

    Human support services, $1,803,923,000 (including $711,072,000 from 
local funds, $1,075,960,000 from Federal funds, and $16,891,000 from 
other funds): Provided, That $27,986,000

[[Page 115 STAT. 938]]

of this appropriation, to remain available until expended, shall be 
available solely for District of Columbia employees' disability 
compensation: Provided further, That $90,000,000 transferred pursuant to 
the District of Columbia Appropriations Act, 2001 (Public Law 106-522) 
to the Public Benefit Corporation for restructuring shall be made 
available to the Department of Health's Health Care Safety Net 
Administration for the purpose of restructuring the delivery of health 
services in the District of Columbia and shall remain available until 
expended for obligation during fiscal year 2002: Provided further, That 
no less than $7,500,000 of this appropriation, to remain available until 
expended, shall be deposited in the Addiction Recovery Fund established 
pursuant to section 5 of the Choice in Drug Treatment Act of 2000, 
effective July 8, 2000 (D.C. Law 13-146; D.C. Official Code, sec. 7-
3004), and used solely for the purpose of the Drug Treatment Choice 
Program established pursuant to section 4 of the Choice in Drug 
Treatment Act of 2000 (D.C. Official Code, sec. 7-3003): Provided 
further, That no less than $500,000 of the $7,500,000 appropriated for 
the Addiction Recovery Fund shall be used solely to pay treatment 
providers who provide substance abuse treatment to TANF recipients under 
the Drug Treatment Choice Program: Provided further, That no less than 
$2,000,000 of this appropriation shall be used solely to establish, by 
contract, a 2-year pilot substance abuse program for youth ages 16 
through 21 years of age: Provided further, That no less than $60,000 be 
available for a D.C. Energy Office Matching Grant: Provided further, 
That no less than $2,150,000 be available for a pilot Interim Disability 
Assistance program pursuant to title L of the Fiscal Year 2002 Budget 

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