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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Appropriations of the House of Representatives and Senate a report 
describing all agreements entered into by the Chief Technology Officer 
under this section which are in effect during the fiscal year.''.

    (c) The authority which the Chief Financial Officer of the District 
of Columbia exercised with respect to personnel, procurement, and the 
preparation of fiscal impact statements during a control period (as 
defined in Public Law 104-8) shall remain in effect through July 1, 
2002.

[[Page 115 STAT. 949]]

    (d) Section 424(b)(3) of the District of Columbia Home Rule Act 
(sec. 1-204.24b(c), D.C. Official Code) is amended--
            (1) by striking ``determined'' and all that follows through 
        ``exceed'' and inserting ``equal to''; and
            (2) by striking ``IV'' and inserting ``I''.

    (e) Effective Date.--The <<NOTE: Effective date.>>  amendment made 
by subsection (d) shall apply with respect to pay periods in fiscal year 
2002 and each succeeding fiscal year.

    Sec. 112. No <<NOTE: Deadline.>>  later than 30 days after the end 
of the first quarter of the fiscal year ending September 30, 2002, the 
Mayor of the District of Columbia shall submit to the Council of the 
District of Columbia the new fiscal year 2002 revenue estimates as of 
the end of the first quarter of fiscal year 2002. These estimates shall 
be used in the budget request for the fiscal year ending September 30, 
2003. The officially revised estimates at midyear shall be used for the 
midyear report.

    Sec. 113. No sole source contract with the District of Columbia 
government or any agency thereof may be renewed or extended without 
opening that contract to the competitive bidding process as set forth in 
section 303 of the District of Columbia Procurement Practices Act of 
1985 (D.C. Law 6-85; D.C. Code, sec. 2-303.03), except that the District 
of Columbia government or any agency thereof may renew or extend sole 
source contracts for which competition is not feasible or practical: 
Provided, That the determination as to whether to invoke the competitive 
bidding process has been made in accordance with duly promulgated rules 
and procedures and said determination has been reviewed and certified by 
the Chief Financial Officer of the District of Columbia.
    Sec. 114. (a) In <<NOTE: Deadline.>>  the event a sequestration 
order is issued pursuant to the Balanced Budget and Emergency Deficit 
Control Act of 1985 (99 Stat. 1037; Public Law 99-177), after the 
amounts appropriated to the District of Columbia for the fiscal year 
involved have been paid to the District of Columbia, the Mayor of the 
District of Columbia shall pay to the Secretary of the Treasury, within 
15 days after receipt of a request therefor from the Secretary of the 
Treasury, such amounts as are sequestered by the order: Provided, That 
the sequestration percentage specified in the order shall be applied 
proportionately to each of the Federal appropriation accounts in this 
Act that are not specifically exempted from sequestration by such Act.

    (b) For purposes of the Balanced Budget and Emergency Deficit 
Control Act of 1985 (99 Stat. 1037; Public Law 99-177), the term 
``program, project, and activity'' shall be synonymous with and refer 
specifically to each account appropriating Federal funds in this Act, 
and any sequestration order shall be applied to each of the accounts 
rather than to the aggregate total of those accounts: Provided, That 
sequestration orders shall not be applied to any account that is 
specifically exempted from sequestration by the Balanced Budget and 
Emergency Deficit Control Act of 1985.
    Sec. 115. Acceptance and Use of Gifts. (a) Approval by Mayor.--
            (1) In general.--An entity of the District of Columbia 
        government may accept and use a gift or donation during fiscal 
        year 2002 if--
                    (A) the Mayor approves the acceptance and use of the 
                gift or donation (except as provided in paragraph (2)); 
                and

[[Page 115 STAT. 950]]

                    (B) the entity uses the gift or donation to carry 
                out its authorized functions or duties.
            (2) Exception for council and courts.--The Council of the 
        District of Columbia and the District of Columbia courts may 
        accept and use gifts without prior approval by the Mayor.

    (b) Records and Public Inspection.--Each entity of the District of 
Columbia government shall keep accurate and detailed records of the 
acceptance and use of any gift or donation under subsection (a), and 
shall make such records available for audit and public inspection.
    (c) Independent Agencies Included.--For the purposes of this 
section, the term ``entity of the District of Columbia government'' 
includes an independent agency of the District of Columbia.
    (d) Exception for Board of Education.--This section shall not apply 
to the District of Columbia Board of Education, which may, pursuant to 
the laws and regulations of the District of Columbia, accept and use 
gifts to the public schools without prior approval by the Mayor.
    Sec. 116. None of the Federal funds provided in this Act may be used 
by the District of Columbia to provide for salaries, expenses, or other 
costs associated with the offices of United States Senator or United 
States Representative under section 4(d) of the District of Columbia 
Statehood Constitutional Convention Initiatives of 1979 (D.C. Law 3-171; 
D.C. Official Code, sec. 1-123).
    Sec. 117. None of the funds appropriated under this Act shall be 
expended for any abortion except where the life of the mother would be 
endangered if the fetus were carried to term or where the pregnancy is 
the result of an act of rape or incest.
    Sec. 118. None of the Federal funds made available in this Act may 
be used to implement or enforce the Health Care Benefits Expansion Act 
of 1992 (D.C. Law 9-114; D.C. Official Code, sec. 32-701 et seq.) or to 
otherwise implement or enforce any system of registration of unmarried, 
cohabiting couples, including but not limited to registration for the 
purpose of extending employment, health, or governmental benefits to 
such couples on the same basis that such benefits are extended to 
legally married couples.
    Sec. 119. Acceptance and Use of Grants Not Included in Ceiling. (a) 
In General.--Notwithstanding any other provision of this Act, the Mayor, 
in consultation with the Chief Financial Officer may accept, obligate, 
and expend Federal, private, and other grants received by the District 
government that are not reflected in the amounts appropriated in this 
Act.
    (b) Requirement of Chief Financial Officer Report and Council 
Approval.--No such Federal, private, or other grant may be accepted, 
obligated, or expended pursuant to subsection (a) until--
            (1) the Chief Financial Officer of the District of Columbia 
        submits to the Council a report setting forth detailed 
        information regarding such grant; and
            (2) the Council within 15 calendar days after receipt of the 
        report submitted under paragraph (1) has reviewed and approved 
        the acceptance, obligation, and expenditure of such grant.

    (c) Prohibition on Spending in Anticipation of Approval or 
Receipt.--No amount may be obligated or expended from the general fund 
or other funds of the District government in anticipation of the 
approval or receipt of a grant under subsection (b)(2)

[[Page 115 STAT. 951]]

of this section or in anticipation of the approval or receipt of a 
Federal, private, or other grant not subject to such paragraph.
    (d) Quarterly Reports.--The <<NOTE: Deadline.>>  Chief Financial 
Officer of the District of Columbia shall prepare a quarterly report 
setting forth detailed information regarding all Federal, private, and 
other grants subject to this section. Each such report shall be 
submitted to the Council of the District of Columbia, and to the 
Committees on Appropriations of the House of Representatives and the 
Senate, not later than 15 days after the end of the quarter covered by 
the report.

    Sec. 120. (a) Restrictions on Use of Official Vehicles.--Except as 
otherwise provided in this section, none of the funds made available by 
this Act or by any other Act may be used to provide any officer or 
employee of the District of Columbia with an official vehicle unless the 
officer or employee uses the vehicle only in the performance of the 
officer's or employee's official duties. For purposes of this paragraph, 
the term ``official duties'' does not include travel between the 
officer's or employee's residence and workplace (except: (1) in the case 
of an officer or employee of the Metropolitan Police Department who 
resides in the District of Columbia or is otherwise designated by the 
Chief of the Department; (2) at the discretion of the Fire Chief, an 
officer or employee of the District of Columbia Fire and Emergency 
Medical Services Department who resides in the District of Columbia and 
is on call 24 hours a day; (3) the Mayor of the District of Columbia; 
and (4) the Chairman of the Council of the District of Columbia).
    (b) Inventory of Vehicles.--The <<NOTE: Deadline.>>  Chief Financial 
Officer of the District of Columbia shall submit, by November 15, 2001, 
an inventory, as of September 30, 2001, of all vehicles owned, leased or 
operated by the District of Columbia government. The inventory shall 
include, but not be limited to, the department to which the vehicle is 
assigned; the year and make of the vehicle; the acquisition date and 
cost; the general condition of the vehicle; annual operating and 
maintenance costs; current mileage; and whether the vehicle is allowed 
to be taken home by a District officer or employee and if so, the 
officer or employee's title and resident location.

    (c) No officer or employee of the District of Columbia government 
(including any independent agency of the District but excluding the 
Office of the Chief Technology Officer, the Chief Financial Officer of 
the District of Colubmia, and the Metropolitan Police Department) may 
enter into an agreement in excess of $2,500 for the procurement of goods 
or services on behalf of any entity of the District government until the 
officer or employee has conducted an analysis of how the procurement of 
the goods and services involved under the applicable regulations and 
procedures of the District government would differ from the procurement 
of the goods and services involved under the Federal supply schedule and 
other applicable regulations and procedures of the General Services 
Administration, including an analysis of any differences in the costs to 
be incurred and the time required to obtain the goods or services.
    Sec. 121. Notwithstanding <<NOTE: Deadline.>>  any other provision 
of law, not later than 120 days after the date that a District of 
Columbia Public Schools (DCPS) student is referred for evaluation or 
assessment--
            (1) the District of Columbia Board of Education, or its 
        successor, and DCPS shall assess or evaluate a student who

[[Page 115 STAT. 952]]

        may have a disability and who may require special education 
        services; and
            (2) if a student is classified as having a disability, as 
        defined in section 101(a)(1) of the Individuals with 
        Disabilities Education Act (84 Stat. 175; 20 U.S.C. 1401(a)(1)) 
        or in section 7(8) of the Rehabilitation Act of 1973 (87 Stat. 
        359; 29 U.S.C. 706(8)), the Board and DCPS shall place that 
        student in an appropriate program of special education services.

    Sec. 122. (a) Compliance With Buy American Act.--No funds 
appropriated in this Act may be made available to any person or entity 
that violates the Buy American Act (41 U.S.C. 10a-10c).
    (b) Sense of the Congress; Requirement Regarding Notice.--
            (1) Purchase of american-made equipment and products.--In 
        the case of any equipment or product that may be authorized to 
        be purchased with financial assistance provided using funds made 
        available in this Act, it is the sense of the Congress that 
        entities receiving the assistance should, in expending the 
        assistance, purchase only American-made equipment and products 
        to the greatest extent practicable.
            (2) Notice to recipients of assistance.--In providing 
        financial assistance using funds made available in this Act, the 
        head of each agency of the Federal or District of Columbia 
        government shall provide to each recipient of the assistance a 
        notice describing the statement made in paragraph (1) by the 
        Congress.

    (c) Prohibition of Contracts With Persons Falsely Labeling Products 
as Made in America.--If it has been finally determined by a court or 
Federal agency that any person intentionally affixed a label bearing a 
``Made in America'' inscription, or any inscription with the same 
meaning, to any product sold in or shipped to the United States that is 
not made in the United States, the person shall be ineligible to receive 
any contract or subcontract made with funds made available in this Act, 
pursuant to the debarment, suspension, and ineligibility procedures 
described in sections 9.400 through 9.409 of title 48, Code of Federal 
Regulations.
    Sec. 123. None of the funds contained in this Act may be used for 
purposes of the annual independent audit of the District of Columbia 
government for fiscal year 2002 unless--
            (1) the audit is conducted by the Inspector General of the 
        District of Columbia, in coordination with the Chief Financial 
        Officer of the District of Columbia, pursuant to section 
        208(a)(4) of the District of Columbia Procurement Practices Act 
        of 1985 (D.C. Official Code, sec. 2-302.8); and
            (2) the audit includes as a basic financial statement a 
        comparison of audited actual year-end results with the revenues 
        submitted in the budget document for such year and the 
        appropriations enacted into law for such year using the format, 
        terminology, and classifications contained in the law making the 
        appropriations for the year and its legislative history.

    Sec. 124. None of the funds contained in this Act may be used by the 
District of Columbia Corporation Counsel or any other officer or entity 
of the District government to provide assistance for any petition drive 
or civil action which seeks to require Congress

[[Page 115 STAT. 953]]

to provide for voting representation in Congress for the District of 
Columbia.
    Sec. 125. (a) <<NOTE: Needle exchange.>>  None of the funds 
contained in this Act may be used for any program of distributing 
sterile needles or syringes for the hypodermic injection of any illegal 
drug.

    (b) Any individual or entity who receives any funds contained in 
this Act and who carries out any program described in subsection (a) 
shall account for all funds used for such program separately from any 
funds contained in this Act.
    Sec. 126. None <<NOTE: Deadline. Records.>>  of the funds contained 
in this Act may be used after the expiration of the 60-day period that 
begins on the date of the enactment of this Act to pay the salary of any 
chief financial officer of any office of the District of Columbia 
government (including any independent agency of the District) who has 
not filed a certification with the Mayor and the Chief Financial Officer 
of the District of Columbia that the officer understands the duties and 
restrictions applicable to the officer and the officer's agency as a 
result of this Act (and the amendments made by this Act), including any 
duty to prepare a report requested either in the Act or in any of the 
reports accompanying the Act and the deadline by which each report must 
be submitted, and the District's Chief Financial Officer shall provide 
to the Committees on Appropriations of the Senate and the House of 
Representatives by the 10th day after the end of each quarter a summary 
list showing each report, the due date and the date submitted to the 
committees.

    Sec. 127. (a) None <<NOTE: Drugs and drug abuse.>>  of the funds 
contained in this Act may be used to enact or carry out any law, rule, 
or regulation to legalize or otherwise reduce penalties associated with 
the possession, use, or distribution of any schedule I substance under 
the Controlled Substances Act (21 U.S.C. 802) or any 
tetrahydrocannabinols derivative.

    (b) The Legalization of Marijuana for Medical Treatment Initiative 
of 1998, also known as Initiative 59, approved by the electors of the 
District of Columbia on November 3, 1998, shall not take effect.
    Sec. 128. Nothing <<NOTE: Contraceptives.>>  in this Act may be 
construed to prevent the Council or Mayor of the District of Columbia 
from addressing the issue of the provision of contraceptive coverage by 
health insurance plans, but it is the intent of Congress that any 
legislation enacted on such issue should include a ``conscience clause'' 
which provides exceptions for religious beliefs and moral convictions.

                   prompt payment of appointed counsel

    Sec. 129. (a) Assessment of Interest for Delayed Payments.--If the 
Superior Court of the District of Columbia or the District of Columbia 
Court of Appeals does not make a payment described in subsection (b) 
prior to the expiration of the 45-day period which begins on the date 

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