IB 

Union Calendar No. 120

108TH CONGRESS 

1ST SESSION H. R. 2765

[Report No. 108–214] 

Making appropriations for the government of the District of Columbia and 

other activities chargeable in whole or in part against the revenues 

of said District for the fiscal year ending September 30, 2004, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 17, 2003

Mr. FRELINGHUYSEN, from the Committee on Appropriations, reported the 

following bill; which was committed to the Committee of the Whole House 

on the State of the Union and ordered to be printed 

A BILL

Making appropriations for the government of the District 

of Columbia and other activities chargeable in whole 

or in part against the revenues of said District for the 

fiscal year ending September 30, 2004, and for other 

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 
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1 District of Columbia for the fiscal year ending September 

2 30, 2004, and for other purposes, namely: 

3 TITLE I—FEDERAL FUNDS 

4 FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

5 For a Federal payment to the District of Columbia, 

6 to be deposited into a dedicated account, for a nationwide 

7 program to be administered by the Mayor, for District of 

8 Columbia resident tuition support, $17,000,000, to remain 

9 available until expended: Provided, That such funds, in10 cluding any interest accrued thereon, may be used on be11 half of eligible District of Columbia residents to pay an 

12 amount based upon the difference between in-State and 

13 out-of-State tuition at public institutions of higher edu14 cation, or to pay up to $2,500 each year at eligible private 

15 institutions of higher education: Provided further, That the 

16 awarding of such funds may be prioritized on the basis 

17 of a resident’s academic merit, the income and need of 

18 eligible students and such other factors as may be author19 ized: Provided further, That the District of Columbia gov20 ernment shall maintain a dedicated account for the Resi21 dent Tuition Support Program that shall consist of the 

22 Federal funds appropriated to the Program in this Act 

23 and any subsequent appropriations, any unobligated bal24 ances from prior fiscal years, and any interest earned in 

25 this or any fiscal year: Provided further, That the account 
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1 shall be under the control of the District of Columbia 

2 Chief Financial Officer who shall use those funds solely 

3 for the purposes of carrying out the Resident Tuition Sup4 port Program: Provided further, That the Office of the 

5 Chief Financial Officer shall provide a quarterly financial 

6 report to the Committees on Appropriations of the House 

7 of Representatives and Senate for these funds showing, 

8 by object class, the expenditures made and the purpose 

9 therefor: Provided further, That not more than 7 percent 

10 of the total amount appropriated for this program may 

11 be used for administrative expenses. 

12 FEDERAL PAYMENT FOR EMERGENCY PLANNING AND

13 SECURITY COSTS IN THE DISTRICT OF COLUMBIA

14 For necessary expenses, as determined by the Mayor 

15 of the District of Columbia in written consultation with 

16 the elected county or city officials of surrounding jurisdic17 tions, $15,000,000, to remain available until expended, to 

18 reimburse the District of Columbia for the costs of pro19 viding public safety at events related to the presence of 

20 the national capital in the District of Columbia, and for 

21 the costs of providing support to respond to immediate 

22 and specific terrorist threats or attacks in the District of 

23 Columbia or surrounding jurisdictions: Provided, That any 

24 amount provided under this heading shall be available only 

25 after notice of its proposed use has been transmitted by 
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1 the President to Congress and such amount has been ap2 portioned pursuant to chapter 15 of title 31, United 

3 States Code. 

4 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

5 COURTS

6 For salaries and expenses for the District of Colum7 bia Courts, $163,819,000, to be allocated as follows: for 

8 the District of Columbia Court of Appeals, $8,775,000, 

9 of which not to exceed $1,500 is for official reception and 

10 representation expenses; for the District of Columbia Su11 perior Court, $83,387,000, of which not to exceed $1,500 

12 is for official reception and representation expenses; for 

13 the District of Columbia Court System, $40,006,000, of 

14 which not to exceed $1,500 is for official reception and 

15 representation expenses: and $31,651,000, to remain 

16 available until September 30, 2005, for capital improve17 ments for District of Columbia courthouse facilities: Pro18 vided, That funds made available for capital improvements 

19 shall be expended consistent with the General Services Ad20 ministration master plan study and building evaluation re21 port: Provided further, That notwithstanding any other 

22 provision of law, all amounts under this heading shall be 

23 apportioned quarterly by the Office of Management and 

24 Budget and obligated and expended in the same manner 

25 as funds appropriated for salaries and expenses of other 
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1 Federal agencies, with payroll and financial services to be 

2 provided on a contractual basis with the General Services 

3 Administration (GSA), said services to include the prepa4 ration of monthly financial reports, copies of which shall 

5 be submitted directly by GSA to the President and to the 

6 Committees on Appropriations of the House of Represent7 atives and Senate, the Committee on Government Reform 

8 of the House of Representatives, and the Committee on 

9 Governmental Affairs of the Senate: Provided further,

10 That 30 days after providing written notice to the Com11 mittees on Appropriations of the House of Representatives 

12 and Senate, the District of Columbia Courts may reallo13 cate funds provided under this heading for the Court of 

14 Appeals, District of Columbia Superior Court, and the 

15 District of Columbia Court System: Provided further, That 

16 such reallocation may increase or decrease funding for 

17 such entity by no more than two percent. 

18 DEFENDER SERVICES IN DISTRICT OF COLUMBIA

19 COURTS

20 For payments authorized under section 11–2604 and 

21 section 11–2605, D.C. Official Code (relating to represen22 tation provided under the District of Columbia Criminal 

23 Justice Act), payments for counsel appointed in pro24 ceedings in the Family Court of the Superior Court of the 

25 District of Columbia under chapter 23 of title 16, D.C. 
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1 Official Code, and payments for counsel authorized under 

2 section 21–2060, D.C. Official Code (relating to represen3 tation provided under the District of Columbia Guardian4 ship, Protective Proceedings, and Durable Power of Attor5 ney Act of 1986), $32,000,000, to remain available until 

6 expended: Provided further, That the funds provided in 

7 this Act under the heading ‘‘Federal Payment to the Dis8 trict of Columbia Courts’’ (other than the $31,651,000 

9 provided under such heading for capital improvements for 

10 District of Columbia courthouse facilities) may also be 

11 used for payments under this heading: Provided further,

12 That in addition to the funds provided under this heading, 

13 the Joint Committee on Judicial Administration in the 

14 District of Columbia shall use funds provided in this Act 

15 under the heading ‘‘Federal Payment to the District of 

16 Columbia Courts’’ (other than the $31,651,000 provided 

17 under such heading for capital improvements for District 

18 of Columbia courthouse facilities), to make payments de19 scribed under this heading for obligations incurred during 

20 any fiscal year: Provided further, That funds provided 

21 under this heading shall be administered by the Joint 

22 Committee on Judicial Administration in the District of 

23 Columbia: Provided further, That notwithstanding any 

24 other provision of law, this appropriation shall be appor25 tioned quarterly by the Office of Management and Budget 
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1 and obligated and expended in the same manner as funds 

2 appropriated for expenses of other Federal agencies, with 

3 payroll and financial services to be provided on a contrac4 tual basis with the General Services Administration 

5 (GSA), said services to include the preparation of monthly 

6 financial reports, copies of which shall be submitted di7 rectly by GSA to the President and to the Committees 

8 on Appropriations of the House of Representatives and 

9 Senate, the Committee on Government Reform of the 

10 House of Representatives, and the Committee on Govern11 mental Affairs of the Senate. 

12 FEDERAL PAYMENT TO THE COURT SERVICES AND OF13 FENDER SUPERVISION AGENCY FOR THE DISTRICT

14 OF COLUMBIA

15 (INCLUDING TRANSFER OF FUNDS)

16 For salaries and expenses, including the transfer and 

17 hire of motor vehicles, of the Court Services and Offender 

18 Supervision Agency for the District of Columbia, as au19 thorized by the National Capital Revitalization and Self20 Government Improvement Act of 1997, $163,081,000, of 

21 which not to exceed $2,000 is for official receptions and 

22 representation expenses related to Community Supervision 

23 and Pretrial Services Agency programs; of which not to 

24 exceed $25,000 is for dues and assessments relating to 

25 the implementation of the Court Services and Offender 
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1 Supervision Agency Interstate Supervision Act of 2002; 

2 of which $100,460,000 shall be for necessary expenses of 

3 Community Supervision and Sex Offender Registration, to 

4 include expenses relating to the supervision of adults sub5 ject to protection orders or the provision of services for 

6 or related to such persons; of which $37,411,000 shall be 

7 available to the Pretrial Services Agency; and of which 

8 $25,210,000 shall be transferred to the Public Defender 

9 Service for the District of Columbia: Provided, That not10 withstanding any other provision of law, all amounts 

11 under this heading shall be apportioned quarterly by the 

12 Office of Management and Budget and obligated and ex13 pended in the same manner as funds appropriated for sal14 aries and expenses of other Federal agencies: Provided fur15 ther, That notwithstanding chapter 33 of title 40, United 

16 States Code, the Director may acquire by purchase, lease, 

17 condemnation, or donation, and renovate as necessary, 

18 Building Number 17, 1900 Massachusetts Avenue, South19 east, Washington, District of Columbia to house or super20 vise offenders and defendants, with funds made available 

21 for this purpose in Public Law 107–96: Provided further,

22 That the Director is authorized to accept and use gifts 

23 in the form of in-kind contributions of space and hospi24 tality to support offender and defendant programs, and 

25 equipment and vocational training services to educate and 
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1 train offenders and defendants: Provided further, That the 

2 Director shall keep accurate and detailed records of the 

3 acceptance and use of any gift or donation under the pre4 vious proviso, and shall make such records available for 

5 audit and public inspection. 

6 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

7 WATER AND SEWER AUTHORITY

8 For a Federal payment to the District of Columbia 

9 Water and Sewer Authority, $35,000,000, to remain avail10 able until expended, to continue implementation of the 

11 Combined Sewer Overflow Long-Term Plan: Provided,

12 That the District of Columbia Water and Sewer Authority 

13 provides a 100 percent match for this payment. 

14 FEDERAL PAYMENT FOR THE ANACOSTIA WATERFRONT

15 INITIATIVE

16 For a Federal payment to the District of Columbia 

17 Department of Transportation, $4,300,000, to remain 

18 available until September 30, 2005, for design and con19 struction of a continuous pedestrian and bicycle trail sys20 tem from the Potomac River to the District’s border with 

21 Maryland. 

22 FEDERAL PAYMENT TO THE CRIMINAL JUSTICE

23 COORDINATING COUNCIL

24 For a Federal payment to the Criminal Justice Co25 ordinating Council, $1,300,000, to support initiatives re-
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1 lated to the coordination of Federal and local criminal jus2 tice resources in the District of Columbia. 

3 FEDERAL PAYMENT FOR CAPITAL DEVELOPMENT IN

4 THE DISTRICT OF COLUMBIA

5 For a Federal payment to the District of Columbia 

6 for capital development, $8,000,000, to remain available 

7 until expended, for the Unified Communications Center. 

8 FEDERAL PAYMENT FOR PUBLIC SCHOOL FACILITIES

9 For a Federal payment to the District of Columbia 

10 Public Schools, $4,500,000, of which $500,000 shall be 

11 for a window repair and reglazing program and 

12 $4,000,000 shall be for a playground repair and replace13 ment program. 

14 FEDERAL PAYMENT FOR THE FAMILY LITERACY

15 PROGRAM

16 For a Federal payment to the District of Columbia, 

17 $2,000,000 for the Family Literacy Program to address 

18 the needs of literacy-challenged parents while endowing 

19 their children with an appreciation for literacy and 

20 strengthening familial ties: Provided, That the District of 

21 Columbia shall provide a 100 percent match with local 

22 funds as a condition of receiving this payment. 
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1 FEDERAL PAYMENT FOR A DISTRICT OF COLUMBIA

2 SCHOLARSHIP PROGRAM

3 For a Federal payment for a District of Columbia 

4 scholarship program, $10,000,000, subject to authoriza5 tion. 

6 FEDERAL PAYMENT TO THE CHIEF FINANCIAL OFFICER

7 OF THE DISTRICT OF COLUMBIA

8 For a Federal payment to the Chief Financial Officer 

9 of the District of Columbia, $10,000,000 for education, 

10 public safety and health, economic development, and infra11 structure initiatives in the District of Columbia. 

12 TITLE II—DISTRICT OF COLUMBIA FUNDS 

13 OPERATING EXPENSES 

14 DIVISION OF EXPENSES

15 The following amounts are appropriated for the Dis16 trict of Columbia for the current fiscal year out of the 

17 general fund of the District of Columbia, except as other18 wise specifically provided: Provided, That notwithstanding 

19 any other provision of law, except as provided in section 

20 450A of the District of Columbia Home Rule Act (D.C. 

21 Official Code, sec. 1–204.50a) and section 117 of this Act, 

22 the total amount appropriated in this Act for operating 

23 expenses for the District of Columbia for fiscal year 2004 

24 under this heading shall not exceed the lesser of the sum 

25 of the total revenues of the District of Columbia for such 
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1 fiscal year or $6,326,138,000 (of which $3,832,734,000 

2 shall be from local funds, $1,568,734,000 shall be from 

3 Federal grant funds, $910,904,000 shall be from other 

4 funds, and $13,766,000 shall be from private funds), in 

5 addition, $59,800,000 from funds previously appropriated 

6 in this Act as Federal payments: Provided further, That 

7 this amount may be increased by proceeds of one-time 

8 transactions, which are expended for emergency or unan9 ticipated operating or capital needs: Provided further,

10 That such increases shall be approved by enactment of 

11 local District law and shall comply with all reserve require12 ments contained in the District of Columbia Home Rule 

13 Act as amended by this Act: Provided further, That the 

14 Chief Financial Officer of the District of Columbia shall 

15 take such steps as are necessary to assure that the Dis16 trict of Columbia meets these requirements, including the 

17 apportioning by the Chief Financial Officer of the appro18 priations and funds made available to the District during 

19 fiscal year 2004, except that the Chief Financial Officer 

20 may not reprogram for operating expenses any funds de21 rived from bonds, notes, or other obligations issued for 

22 capital projects. 

23 GOVERNMENTAL DIRECTION AND SUPPORT

24 Governmental direction and support, $284,415,000 

25 (including $206,825,000 from local funds, $57,440,000 
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1 from Federal grant funds, and $20,150,000 from other 

2 funds), in addition, $10,000,000 from funds previously 

3 appropriated in this Act under the heading ‘‘Federal Pay4 ment to the Chief Financial Officer of the District of Co5 lumbia’’: Provided, That not to exceed $2,500 for the 

6 Mayor, $2,500 for the Chairman of the Council of the Dis7 trict of Columbia, $2,500 for the City Administrator, and 

8 $2,500 for the Office of the Chief Financial Officer shall 

9 be available from this appropriation for official purposes: 

10 Provided further, That any program fees collected from the 

11 issuance of debt shall be available for the payment of ex12 penses of the debt management program of the District 

13 of Columbia: Provided further, That no revenues from 

14 Federal sources shall be used to support the operations 

15 or activities of the Statehood Commission and Statehood 

16 Compact Commission: Provided further, That the District 

17 of Columbia shall identify the sources of funding for Ad18 mission to Statehood from its own locally generated reve19 nues: Provided further, That notwithstanding any other 

20 provision of law, or Mayor’s Order 86–45, issued March 

21 18, 1986, the Office of the Chief Technology Officer’s del22 egated small purchase authority shall be $500,000: Pro23 vided further, That the District of Columbia government 

24 may not require the Office of the Chief Technology Officer 

25 to submit to any other procurement review process, or to 
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1 obtain the approval of or be restricted in any manner by 

2 any official or employee of the District of Columbia gov3 ernment, for purchases that do not exceed $500,000: Pro4 vided further, That not to exceed $25,000, to remain avail5 able until expended, of the funds in the District of Colum6 bia Antitrust Fund established pursuant to section 820 

7 of the District of Columbia Procurement Practices Act of 

8 1985 (D.C. Law 6–85; D.C. Official Code, sec. 2–308.20) 

9 is hereby made available for the use of the Office of the 

10 Corporation Counsel of the District of Columbia in accord11 ance with the laws establishing this fund. 

12 ECONOMIC DEVELOPMENT AND REGULATION

13 Economic development and regulation, $276,647,000 

14 (including $53,336,000 from local funds, $91,077,000 

15 from Federal grant funds, $132,109,000 from other 

16 funds, and $125,000 from private funds), of which 

17 $15,000,000 collected by the District of Columbia in the 

18 form of BID tax revenue shall be paid to the respective 

19 BIDs pursuant to the Business Improvement Districts Act 

20 of 1996 (D.C. Law 11–134; D.C. Official Code, sec. 2–

21 1215.01 et seq.), and the Business Improvement Districts 

22 Amendment Act of 1997 (D.C. Law 12–26; D.C. Official 

23 Code, sec. 2–1215.15 et seq.): Provided, That such funds 

24 are available for acquiring services provided by the Gen25 eral Services Administration: Provided further, That Busi-
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1 ness Improvement Districts shall be exempt from taxes 

2 levied by the District of Columbia. 

3 PUBLIC SAFETY AND JUSTICE

4 Public safety and justice, $745,958,000 (including 

5 $716,715,000 from local funds, $10,290,000 from Federal 

6 grant funds, $18,944,000 from other funds, and $9,000 

7 from private funds), in addition, $1,300,000 from funds 

8 previously appropriated in this Act under the heading 

9 ‘‘Federal Payment to the Criminal Justice Coordinating 

10 Council’’: Provided, That not to exceed $500,000 shall be 

11 available from this appropriation for the Chief of Police 

12 for the prevention and detection of crime: Provided further,

13 That the Mayor shall reimburse the District of Columbia 

14 National Guard for expenses incurred in connection with 

15 services that are performed in emergencies by the National 

16 Guard in a militia status and are requested by the Mayor, 

17 in amounts that shall be jointly determined and certified 

18 as due and payable for these services by the Mayor and 

19 the Commanding General of the District of Columbia Na20 tional Guard: Provided further, That such sums as may 

21 be necessary for reimbursement to the District of Colum22 bia National Guard under the preceding proviso shall be 

23 available from this appropriation, and the availability of 

24 the sums shall be deemed as constituting payment in ad25 vance for emergency services involved. 
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1 PUBLIC EDUCATION SYSTEM

2 (INCLUDING TRANSFERS OF FUNDS)

3 Public education system, including the development 

4 of national defense education programs, $1,157,841,000 

5 (including $962,941,000 from local funds, $156,708,000 

6 from Federal grant funds, $27,074,000 from other funds, 

7 $4,302,000 from private funds, and not to exceed 

8 $6,816,000, to remain available until expended, from the 

9 Medicaid and Special Education Reform Fund established 

10 pursuant to the Medicaid and Special Education Reform 

11 Fund Establishment Act of 2002 (D.C. Law 14–190; D.C. 

12 Official Code 4–204.51 et seq.)), in addition, $17,000,000 

13 from funds previously appropriated in this Act under the 

14 heading ‘‘Federal Payment for Resident Tuition Support’’ 

15 and $4,500,000 from funds previously appropriated in this 

16 Act under the heading ‘‘Federal Payment for Public 

17 School Facilities’’, to be allocated as follows: 

18 (1) DISTRICT OF COLUMBIA PUBLIC

19 SCHOOLS.—$870,135,000 (including $738,444,000 

20 from local funds, $114,749,000 from Federal grant 

21 funds, $6,527,000 from other funds, $3,599,000 

22 from private funds, and not to exceed $6,816,000, to 

23 remain available until expended, from the Medicaid 

24 and Special Education Reform Fund established 

25 pursuant to the Medicaid and Special Education Re-
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1 form Fund Establishment Act of 2002 (D.C. Law 

2 14–190; D.C. Official Code 4–204.51 et seq.)), in 

3 addition, $4,500,000 from funds previously appro4 priated in this Act under the heading ‘‘Federal Pay5 ment for Public School Facilities’’ shall be available 

6 for District of Columbia Public Schools: Provided, 

7 That notwithstanding any other provision of law, 

8 rule, or regulation, the evaluation process and in9 struments for evaluating District of Columbia Public 

10 School employees shall be a non-negotiable item for 

11 collective bargaining purposes: Provided further,

12 That this appropriation shall not be available to sub13 sidize the education of any nonresident of the Dis14 trict of Columbia at any District of Columbia public 

15 elementary or secondary school during fiscal year 

16 2004 unless the nonresident pays tuition to the Dis17 trict of Columbia at a rate that covers 100 percent 

18 of the costs incurred by the District of Columbia 

19 that are attributable to the education of the non20 resident (as established by the Superintendent of the 

21 District of Columbia Public Schools): Provided fur22 ther, That notwithstanding the amounts otherwise 

23 provided under this heading or any other provision 

24 of law, there shall be appropriated to the District of 

25 Columbia Public Schools on July 1, 2004, an 
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1 amount equal to 10 percent of the total amount pro2 vided for the District of Columbia Public Schools in 

3 the proposed budget of the District of Columbia for 

4 fiscal year 2005 (as submitted to Congress), and the 

5 amount of such payment shall be chargeable against 

6 the final amount provided for the District of Colum7 bia Public Schools under the District of Columbia 

8 Appropriations Act, 2005: Provided further, That 

9 not to exceed $2,500 for the Superintendent of 

10 Schools shall be available from this appropriation for 

11 official purposes: Provided further, That the District 

12 of Columbia Public Schools shall submit to the 

13 Board of Education by January 1 and July 1 of 

14 each year a Schedule A showing all the current 

15 funded positions of the District of Columbia Public 

16 Schools, their compensation levels, and indicating 

17 whether the positions are encumbered: Provided fur18 ther, That the Board of Education shall approve or 

19 disapprove each Schedule A within 30 days of its 

20 submission and provide the Council of the District 

21 of Columbia a copy of the Schedule A upon its ap22 proval. 

23 (2) STATE EDUCATION OFFICE.—$38,752,000 

24 (including $9,959,000 from local funds, $28,617,000 

25 from Federal grant funds, and $176,000 from other 
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1 funds), in addition, $17,000,000 from funds pre2 viously appropriated in this Act under the heading 

3 ‘‘Federal Payment for Resident Tuition Support’’ 

4 shall be available for the State Education Office: 

5 Provided, That of the amounts provided to the State 

6 Education Office, $500,000 from local funds shall 

7 remain available until June 30, 2005 for an audit of 

8 the student enrollment of each District of Columbia 

9 Public School and of each District of Columbia pub10 lic charter school. 

11 (3) DISTRICT OF COLUMBIA PUBLIC CHARTER

12 SCHOOLS.—$137,531,000 from local funds shall be 

13 available for District of Columbia a public charter 

14 schools: Provided, That there shall be quarterly dis15 bursement of funds to the District of Columbia pub16 lic charter schools, with the first payment to occur 

17 within 15 days of the beginning of the fiscal year: 

18 Provided further, That if the entirety of this alloca19 tion has not been provided as payments to any pub20 lic charter schools currently in operation through the 

21 per pupil funding formula, the funds shall be avail22 able as follows: (1) the first $3,000,000 shall be de23 posited in the Credit Enhancement Revolving Fund 

24 established pursuant to section 603(e) of the Stu25 dent Loan Marketing Association Reorganization 
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1 Act of 1996 (Public Law 104–208; 110 Stat. 3009; 

2 20 U.S.C. 1155(e)); and (2) the balance shall be for 

3 public education in accordance with section 

4 2403(b)(2) of the District of Columbia School Re5 form Act of 1995 (D.C. Official Code, sec. 38–

6 1804.03(b)(2)): Provided further, That of the 

7 amounts made available to District of Columbia pub8 lic charter schools, $25,000 shall be made available 

9 to the Office of the Chief Financial Officer as au10 thorized by section 2403(b)(6) of the District of Co11 lumbia School Reform Act of 1995 (D.C. Official 

12 Code, sec. 38–1804.03(b)(6)): Provided further, That 

13 $660,000 of this amount shall be available to the 

14 District of Columbia Public Charter School Board 

15 for administrative costs: Provided further, That not16 withstanding the amounts otherwise provided under 

17 this heading or any other provision of law, there 

18 shall be appropriated to the District of Columbia 

19 public charter schools on July 1, 2004, an amount 

20 equal to 25 percent of the total amount provided for 

21 payments to public charter schools in the proposed 

22 budget of the District of Columbia for fiscal year 

23 2005 (as submitted to Congress), and the amount of 

24 such payment shall be chargeable against the final 
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1 amount provided for such payments under the Dis2 trict of Columbia Appropriations Act, 2005. 

3 (4) UNIVERSITY OF THE DISTRICT OF COLUM4 BIA.—$80,660,000 (including $48,656,000 from 

5 local funds, $11,867,000 from Federal grant funds, 

6 $19,434,000 from other funds, and $703,000 from 

7 private funds) shall be available for the University of 

8 the District of Columbia: Provided, That this appro9 priation shall not be available to subsidize the edu10 cation of nonresidents of the District of Columbia at 

11 the University of the District of Columbia, unless 

12 the Board of Trustees of the University of the Dis13 trict of Columbia adopts, for the fiscal year ending 

14 September 30, 2004, a tuition rate schedule that will 

15 establish the tuition rate for nonresident students at 

16 a level no lower than the nonresident tuition rate 

17 charged at comparable public institutions of higher 

18 education in the metropolitan area: Provided further,

19 That notwithstanding the amounts otherwise pro20 vided under this heading or any other provision of 

21 law, there shall be appropriated to the University of 

22 the District of Columbia on July 1, 2004, an 

23 amount equal to 10 percent of the total amount pro24 vided for the University of the District of Columbia 

25 in the proposed budget of the District of Columbia 
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1 for fiscal year 2005 (as submitted to Congress), and 

2 the amount of such payment shall be chargeable 

3 against the final amount provided for the University 

4 of the District of Columbia under the District of Co5 lumbia Appropriations Act, 2005: Provided further,

6 That not to exceed $2,500 for the President of the 

7 University of the District of Columbia shall be avail8 able from this appropriation for official purposes. 

9 (5) DISTRICT OF COLUMBIA PUBLIC LIBRAR10 IES.—$28,287,000 (including $26,750,000 from 

11 local funds, $1,000,000 from Federal grant funds, 

12 and $537,000 from other funds) shall be available 

13 for the District of Columbia Public Libraries: Pro14 vided, That not to exceed $2,000 for the Public Li15 brarian shall be available from this appropriation for 

16 official purposes. 

17 (6) COMMISSION ON THE ARTS AND HUMAN18 ITIES.—$2,476,000 (including $1,601,000 from local 

19 funds, $475,000 from Federal grant funds, and 

20 $400,000 from other funds) shall be available for 

21 the Commission on the Arts and Humanities. 

22 HUMAN SUPPORT SERVICES

23 (INCLUDING TRANSFER OF FUNDS)

24 Human support services, $2,360,067,000 (including 

25 $1,030,223,000 from local funds, $1,247,945,000 from 
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1 Federal grant funds, $24,330,000 from other funds, 

2 $9,330,000 from private funds, and $48,239,000, to re3 main available until expended, from the Medicaid and Spe4 cial Education Reform Fund established pursuant to the 

5 Medicaid and Special Education Reform Fund Establish6 ment Act of 2002 (D.C. Act 14–403)): Provided, That the 

7 funds available from the Medicaid and Special Education 

8 Reform Fund are allocated as follows: not more than 

9 $18,744,000 for Child and Family Services, not more than 

10 $7,795,000 for the Department of Human Services, and 

11 not more than $21,700,000 for the Department of Mental 

12 Health: Provided further, That $27,959,000 of this appro13 priation, to remain available until expended, shall be avail14 able solely for District of Columbia employees’ disability 

15 compensation: Provided further, That $7,500,000 of this 

16 appropriation, to remain available until expended, shall be 

17 deposited in the Addiction Recovery Fund, established 

18 pursuant to section 5 of the Choice in Drug Treatment 

19 Act of 2000 (D.C. Law 13–146; D.C. Official Code, sec. 

20 7–3004) and used exclusively for the purpose of the Drug 

21 Treatment Choice Program established pursuant to sec22 tion 4 of the Choice in Drug Treatment Act of 2000 (D.C. 

23 Law 13–146; D.C. Official Code, sec. 7–3003): Provided 

24 further, That no less than $2,000,000 of this appropria25 tion shall be available exclusively for the purpose of fund-
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1 ing the pilot substance abuse program for youth ages 14 

2 through 21 years established pursuant to section 4212 of 

3 the Pilot Substance Abuse Program for Youth Act of 2001 

4 (D.C. Law 14–28; D.C. Official Code, sec. 7–3101): Pro5 vided further, That $4,500,000 of this appropriation, to 

6 remain available until expended, shall be deposited in the 

7 Interim Disability Assistance Fund established pursuant 

8 to section 201 of the District of Columbia Public Assist9 ance Act of 1982 (D.C. Law 4–101; D.C. Official Code, 

10 sec. 4–202.01), to be used exclusively for the Interim Dis11 ability Assistance program and the purposes for that pro12 gram set forth in section 407 of the District of Columbia 

13 Public Assistance Act of 1982 (D.C. Law 13–252; D.C. 

14 Official Code, sec. 4–204.07): Provided further, That not 

15 less than $640,531 of this appropriation shall be available 

16 exclusively for the purpose of funding the Burial Assist17 ance Program established by section 1802 of the Burial 

18 Assistance Program Reestablishment Act of 1999 (D.C. 

19 Law 13–38; D.C. Official Code, sec. 4–1001). 

20 PUBLIC WORKS

21 Public works, including rental of one passenger-car22 rying vehicle for use by the Mayor and three passenger23 carrying vehicles for use by the Council of the District of 

24 Columbia and leasing of passenger-carrying vehicles, 

25 $327,046,000 (including $308,028,000 from local funds, 
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1 $5,274,000 from Federal grant funds, and $13,744,000 

2 from other funds): Provided, That this appropriation shall 

3 not be available for collecting ashes or miscellaneous 

4 refuse from hotels and places of business. 

5 CASH RESERVE

6 For the cumulative cash reserve established pursuant 

7 to section 202(j)(2) of the District of Columbia Financial 

8 Responsibility and Management Assistance Act of 1995 

9 (D.C. Official Code, sec. 47–392.02(j)(2)), $50,000,000 

10 from local funds. 

11 EMERGENCY AND CONTINGENCY RESERVE FUNDS

12 For the emergency reserve fund and the contingency 

13 reserve fund under section 450A of the District of Colum14 bia Home Rule Act (D.C. Official Code, sec. 1–204.50a), 

15 such amounts from local funds as are necessary to meet 

16 the balance requirements for such funds under such sec17 tion. 

18 REPAYMENT OF LOANS AND INTEREST

19 For payment of principal, interest, and certain fees 

20 directly resulting from borrowing by the District of Co21 lumbia to fund District of Columbia capital projects as 

22 authorized by sections 462, 475, and 490 of the District 

23 of Columbia Home Rule Act (D.C. Official Code, secs. 1–

24 204.62, 1–204.75, and 1–204.90), $311,504,000 from 

25 local funds: Provided, That for equipment leases, the 
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1 Mayor may finance $14,300,000 of equipment cost, plus 

2 cost of issuance not to exceed two percent of the par 

3 amount being financed on a lease purchase basis with a 

4 maturity not to exceed five years. 

5 PAYMENT OF INTEREST ON SHORT-TERM BORROWING

6 For payment of interest on short-term borrowing, 

7 $3,000,000 from local funds. 

8 CERTIFICATES OF PARTICIPATION

9 For principal and interest payments on the District’s 

10 Certificates of Participation, issued to finance the ground 

11 lease underlying the building located at One Judiciary 

12 Square, $4,911,000 from local funds. 

13 SETTLEMENTS AND JUDGMENTS

14 For making refunds and for the payment of legal set15 tlements or judgments that have been entered against the 

16 District of Columbia government, $22,522,000 from local 

17 funds: Provided, That this appropriation shall not be con18 strued as modifying or affecting the provisions of section 

19 103 of this Act. 

20 WILSON BUILDING

21 For expenses associated with the John A. Wilson 

22 building, $3,704,000 from local funds. 

23 WORKFORCE INVESTMENTS

24 For workforce investments, $22,308,000 from local 

25 funds, to be transferred by the Mayor of the District of 
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1 Columbia within the various appropriation headings in 

2 this Act for which employees are properly payable. 

3 NON-DEPARTMENTAL AGENCY

4 To account for anticipated costs that cannot be allo5 cated to specific agencies during the development of the 

6 proposed budget, $19,639,000 (including $11,455,000 

7 from local funds and $8,184,000 from other funds): Pro8 vided, That anticipated employee health insurance cost in9 creases and contract security costs, $5,799,000 from local 

10 funds. 

11 PAY-AS-YOU-GO CAPITAL

12 For Pay-As-You-Go Capital funds in lieu of capital 

13 financing, $11,267,000 from local funds, to be transferred 

14 to the Capital Fund, subject to the Criteria for Spending 

15 Pay-as-You-Go Funding Amendment Act of 2003, ap16 proved by the Council of the District of Columbia on 1st 

17 reading, May 6, 2003 (title 25 of Bill 15–218): Provided, 

18 That pursuant to this Act, there are authorized to be 

19 transferred from Pay-As-You-Go Capital funds to other 

20 headings of this Act, such sums as may be necessary to 

21 carry out the purposes of this Act. 

22 TAX INCREMENT FINANCING PROGRAM

23 For a Tax Increment Financing Program, 

24 $1,940,000 from local funds. 
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1 MEDICAID DISALLOWANCE

2 For making refunds associated with disallowed Med3 icaid funding, an amount not to exceed $57,000,000 in 

4 local funds, to remain available until expended: Provided, 

5 That funds are derived from a transfer from the funds 

6 identified in the fiscal year 2002 comprehensive annual 

7 financial report as the District of Columbia’s Grants Dis8 allowance balance. 

9 EMERGENCY PLANNING AND SECURITY COSTS

10 From funds previously appropriated in this Act under 

11 the heading ‘‘Federal Payment for Emergency Planning 

12 and Security Costs in the District of Columbia’’, 

13 $15,000,000. 

14 FAMILY LITERACY

15 From funds previously appropriated in this Act under 

16 the heading ‘‘Federal Payment for the Family Literacy 

17 Program’’, $2,000,000. 

18 SCHOLARSHIP PROGRAM

19 From funds previously appropriated in this Act under 

20 the heading ‘‘Federal Payment for a District of Columbia 

21 Scholarship Program’’, $10,000,000. 

22 ENTERPRISE AND OTHER FUNDS 

23 WATER AND SEWER AUTHORITY

24 For operation of the Water and Sewer Authority, 

25 $259,095,000 from other funds, of which $18,692,000 
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1 shall be apportioned for repayment of loans and interest 

2 incurred for capital improvement projects and payable to 

3 the District’s debt service fund. 

4 For construction projects, $199,807,000, to be dis5 tributed as follows: $99,449,000 for the Blue Plains 

6 Wastewater Treatment Plant, $16,739,000 for the sewer 

7 program, $42,047,000 for the combined sewer program, 

8 $5,993,000 for the stormwater program, $24,431,000 for 

9 the water program, and $11,148,000 for the capital equip10 ment program; in addition, $35,000,000 from funds pre11 viously appropriated in this Act under the heading ‘‘Fed12 eral Payment to the District of Columbia Water and 

13 Sewer Authority’’: Provided, That the requirements and 

14 restrictions that are applicable to general fund capital im15 provement projects and set forth in this Act under the 

16 Capital Outlay appropriation account shall apply to 

17 projects approved under this appropriation account. 

18 WASHINGTON AQUEDUCT

19 For operation of the Washington Aqueduct, 

20 $55,553,000 from other funds. 

21 STORMWATER PERMIT COMPLIANCE ENTERPRISE FUND

22 For operation of the Stormwater Permit Compliance 

23 Enterprise Fund, $3,501,000 from other funds. 
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1 LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

2 For the Lottery and Charitable Games Enterprise 

3 Fund, established by the District of Columbia Appropria4 tion Act, 1982, for the purpose of implementing the Law 

5 to Legalize Lotteries, Daily Numbers Games, and Bingo 

6 and Raffles for Charitable Purposes in the District of Co7 lumbia (D.C. Law 3–172; D.C. Official Code, sec. 3–1301 

8 et seq. and sec. 22–1716 et seq.), $242,755,000 from 

9 other funds: Provided, That the District of Columbia shall 

10 identify the source of funding for this appropriation title 

11 from the District’s own locally generated revenues: Pro12 vided further, That no revenues from Federal sources shall 

13 be used to support the operations or activities of the Lot14 tery and Charitable Games Control Board. 

15 SPORTS AND ENTERTAINMENT COMMISSION

16 For the Sports and Entertainment Commission, 

17 $13,979,000 from local funds. 

18 DISTRICT OF COLUMBIA RETIREMENT BOARD

19 For the District of Columbia Retirement Board, es20 tablished pursuant to section 121 of the District of Colum21 bia Retirement Reform Act of 1979 (D.C. Official Code, 

22 sec. 1–711), $13,895,000 from the earnings of the appli23 cable retirement funds to pay legal, management, invest24 ment, and other fees and administrative expenses of the 

25 District of Columbia Retirement Board: Provided, That 
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1 the District of Columbia Retirement Board shall provide 

2 to the Congress and to the Council of the District of Co3 lumbia a quarterly report of the allocations of charges by 

4 fund and of expenditures of all funds: Provided further,

5 That the District of Columbia Retirement Board shall pro6 vide the Mayor, for transmittal to the Council of the Dis7 trict of Columbia, an itemized accounting of the planned 

8 use of appropriated funds in time for each annual budget 

9 submission and the actual use of such funds in time for 

10 each annual audited financial report. 

11 WASHINGTON CONVENTION CENTER ENTERPRISE FUND

12 For the Washington Convention Center Enterprise 

13 Fund, $69,742,000 from other funds. 

14 NATIONAL CAPITAL REVITALIZATION CORPORATION

15 For the National Capital Revitalization Corporation, 

16 $7,849,000 from other funds. 

17 CAPITAL OUTLAY

18 (INCLUDING RESCISSIONS)

19 For construction projects, an increase of 

20 $1,004,796,000, of which $601,708,000 shall be from 

21 local funds, $46,014,000 from Highway Trust funds, 

22 $38,311,000 from the Rights-of-way funds, $218,880,000 

23 from Federal grant funds, and a rescission of $99,884,000 

24 from local funds appropriated under this heading in prior 

25 fiscal years, for a net amount of $904,913,000, to remain 
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1 available until expended; in addition, $8,000,000 from 

2 funds previously appropriated in this Act under the head3 ing ‘‘Federal Payment for Capital Development in the Dis4 trict of Columbia’’ and $4,300,000 from funds previously 

5 appropriated in this Act under the heading ‘‘Federal Pay6 ment for the Anacostia Waterfront Initiative’’: Provided,

7 That funds for use of each capital project implementing 

8 agency shall be managed and controlled in accordance 

9 with all procedures and limitations established under the 

10 Financial Management System: Provided further, That all 

11 funds provided by this appropriation title shall be available 

12 only for the specific projects and purposes intended. 

13 TITLE III—GENERAL PROVISIONS 

14 SEC. 101. Whenever in this Act, an amount is speci15 fied within an appropriation for a particular purposes or 

16 objects of expenditure, such amount, unless otherwise 

17 specified, shall be considered as the maximum amount 

18 that may be expended for said purpose or object rather 

19 than an amount set apart exclusively therefor. 

20 SEC. 102. Appropriations in this act shall be available 

21 for expenses of travel and for the payment of dues of orga22 nizations concerned with the work of the District of Co23 lumbia government, when authorized by the Mayor: Pro24 vided, That in the case of the Council of the District of 
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1 Columbia, funds may be expended with the authorization 

2 of the Chairman of the Council. 

3 SEC. 103. There are appropriated from the applicable 

4 funds of the District of Columbia such sums as may be 

5 necessary for making refunds and for the payment of legal 

6 settlements or judgments that have entered against the 

7 District of Columbia government: Provided, That nothing 

8 contained in this section shall be construed as modifying 

9 or affecting the provisions of section 11(c)(3) of title XII 

10 of the District of Columbia Income and Franchise Tax Act 

11 of 1947 (D.C. Official Code, sec. 47–1812.11(c)(3)). 

12 SEC. 104. No part of any appropriation contained in 

13 this Act shall remain available for obligation beyond the 

14 current fiscal year unless expressly to provided herein. 

15 SEC. 105. No funds appropriated in this Act for the 

16 District of Columbia government for the operation of edu17 cational institutions, the compensation of personnel, or for 

18 other educational purposes may be used to permit, encour19 age, facilitate, or further partisan political activities. 

20 Nothing herein is intended to prohibit the availability of 

21 school buildings for the use of any community or partisan 

22 political group during non-school hours. 

23 SEC. 106. None of the funds appropriated in this Act 

24 shall be made available to pay the salary of any employee 

25 of the District of Columbia government whose name, title, 
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1 grade, and salary are not available for inspection by the 

2 Committees on Appropriations of the House of Represent3 atives and Senate, the Committee on Government Reform 

4 of the House of Representatives, the Committee on Gov5 ernmental Affairs of the Senate, and the Council of the 

6 District of Columbia, or their duty authorized representa7 tive. 

8 SEC. 107. (a) Except as provided in subsection (b), 

9 no part of this appropriation shall be used for publicity 

10 or propaganda purposes or implementation of any policy 

11 including boycott designed to support or defeat legislation 

12 pending before Congress or any State legislature. 

13 (b) The District of Columbia may use local funds pro14 vided in this Act to carry out lobbying activities on any 

15 matter other than—

16 (1) the promotion or support of any boycott; or 

17 (2) statehood for the District of Columbia or 

18 voting representation in Congress for the District of 

19 Columbia. 

20 (c) Nothing in this section may be construed to pro21 hibit any elected official from advocating with respect to 

22 any of the issues referred to in subsection (b). 

23 SEC. 108. (a) None of the funds provided under this 

24 Act to the agencies funded by this Act, both Federal and 

25 District government agencies, that remain available for 
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1 obligation or expenditure in fiscal year 2004, or provided 

2 from any accounts in the Treasury of the United States 

3 derived by the collection of fees available to the agencies 

4 funded by this Act, shall be available for obligation or ex5 penditures for an agency through a reprogramming of 

6 funds which—

7 (1) creates new programs; 

8 (2) eliminates a program, project, or responsi9 bility center; 

10 (3) establishes or changes allocations specifi11 cally denied, limited or increased under this Act; 

12 (4) increases funds or personnel by any means 

13 for any program, project, or responsibility center for 

14 which funds have been denied or restricted; 

15 (5) reestablishes any program or project pre16 viously deferred through reprogramming; 

17 (6) augments any existing program, project, or 

18 responsibility center through a reprogramming of 

19 funds in excess of $1,000,000 or 10 percent, which20 ever is less; or 

21 (7) increases by 20 percent or more personnel 

22 assigned to a specific program, project or responsi23 bility center; 
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1 unless the Committee on Appropriations of the House of 

2 Representatives and Senate are notified in writing 30 days 

3 in advance of the reprogramming. 

4 (b) None the local funds contained in this Act may 

5 be available for obligation or expenditure for an agency 

6 through a transfer of any local funds from one appropria7 tion heading to another unless the Committees on Appro8 priations of the House of Representatives and Senate are 

9 notified in writing 30 days in advance of the transfer, ex10 cept that in no event may the amount of any funds trans11 ferred exceed four percent of the local funds in the appro12 priations. 

13 SEC. 109. Consistent with the provisions of section 

14 1301(a) of title 31, United States Code, appropriations 

15 under this Act shall be applied only to the objects for 

16 which the appropriations were made except as otherwise 

17 provided by law. 

18 SEC. 110. Notwithstanding any other provisions of 

19 law, the provisions of the District of Columbia Govern20 ment Comprehensive Merit Personnel Act of 1978 (D.C. 

21 Law 2–139; D.C. Official Code, sec. 1–601.01 et seq.), 

22 enacted pursuant to section 422(3) of the District of Co23 lumbia Home Rule Act (D.C. Official Code, sec. 1–

24 204l.22(3)), shall apply with respect to the compensation 

25 of District of Columbia employees: Provided, That for pay 
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1 purposes, employees of the District of Columbia govern2 ment shall not be subject to the provisions of title 5, 

3 United States Code. 

4 SEC. 111. No later than 30 days after the end of the 

5 first quarter of fiscal year 2004, the Mayor of the District 

6 of Columbia shall submit to the Council of the District 

7 of Columbia and the Committees on Appropriations of the 

8 House of Representatives and Senate the new fiscal year 

9 2004 revenue estimates as of the end of such quarter. 

10 These estimates shall be used in the budget request for 

11 fiscal year 2005. The officially revised estimates at mid12 year shall be used for the midyear report. 

13 SEC. 112. No sole source contract with the District 

14 of Columbia government or any agency thereof may be re15 newed or extended without opening that contract to the 

16 competitive bidding process as set forth in section 303 of 

17 the District of Columbia Procurement Practices Act of 

18 1985 (D.C. Law 6–85; D.C. Official Code, sec. 2–303.03), 

19 except that the District of Columbia government or any 

20 agency thereof may renew or extend sole source contracts 

21 for which competition is not feasible or practical, but only 

22 if the determination as to whether to invoke the competi23 tive bidding process has been made in accordance with 

24 duly promulgated rules and procedures and has been re-
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1 viewed and certified by the Chief Financial Officer of the 

2 District of Columbia. 

3 SEC. 113. (a) In the event a sequestration order is 

4 issued pursuant to the Balanced Budget and Emergency 

5 Deficit Control Act of 1985 after the amounts appro6 priated to the District of Columbia for the fiscal year in7 volved have been paid to the District of Columbia, the 

8 Mayor of the District of Columbia shall pay to the Sec9 retary of the Treasury, within 15 days after receipt of a 

10 request therefor from the Secretary of the Treasury, such 

11 amounts as are sequestered by the order: Provided, That 

12 the sequestration percentage specified in the order shall 

13 be applied proportionately to each of the Federal appro14 priation accounts in this Act that are not specifically ex15 empted from sequestration by such Act. 

16 (b) For purposes of the Balanced Budget and Emer17 gency Deficit Control Act of 1985, the term ‘‘program, 

18 project, and activity’’ shall be synonymous with and refer 

19 specifically to each account appropriating Federal funds 

20 in this Act, and any sequestration order shall be applied 

21 to each of the accounts rather than to the aggregate total 

22 of those accounts: Provided, That sequestration orders 

23 shall not be applied to any account that is specifically ex24 empted from sequestration by the Balanced Budget and 

25 Emergency Deficit Control Act of 1985. 
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1 SEC. 114. None of the Federal funds provided in this 

2 Act may be used by the District of Columbia to provide 

3 for salaries, expenses, or other costs associated with the 

4 offices of United States Senator or United States Rep5 resentative under section 4(d) of the District of Columbia 

6 Statehood Constitutional Convention Initiatives of 1979 

7 (D.C. Law 3–171; D.C. Official Code, sec. 1–123). 

8 SEC. 115. None of the funds appropriated under this 

9 Act shall be expended for any abortion except where the 

10 life of the mother would be endangered if the fetus were 

11 carried to term or where the pregnancy is the result of 

12 an act of rape or incest. 

13 SEC. 116. None of the Federal funds made available 

14 in this Act may be used to implement or enforce the 

15 Health Care Benefits Expansion Act of 1992 (D.C. Law 

16 9–114; D.C. Official Code, sec. 32–701 et seq.) or to oth17 erwise implement or enforce any system of registration of 

18 unmarried, cohabiting couples, including but not limited 

19 to registration for the purpose of extending employment, 

20 health, or governmental benefits to such couples on the 

21 same basis that such benefits are extended to legally mar22 ried couples. 

23 SEC. 117. (a) Notwithstanding any other provision 

24 of this Act, the Mayor, in consultation with the Chief Fi25 nancial Officer of the District of Columbia may accept, 
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1 obligate, and expend Federal, private, and other grants 

2 received by the District government that are not reflected 

3 in the amounts appropriated in this Act. 

4 (b)(1) No such Federal, private, or other grant may 

5 be accepted, obligated, or expended pursuant to subsection 

6 (a) until—

7 (A) the Chief Financial Officer of the District 

8 of Columbia submits to the Council a report setting 

9 forth detailed information regarding such grant; and 

10 (B) the Council has reviewed and approved the 

11 acceptance, obligation, and expenditure of such 

12 grant. 

13 (2) For purposes of paragraph (1)(B), the Council 

14 shall be deemed to have reviewed and approved the accept15 ance, obligation, and expenditure of a grant if—

16 (A) no written notice of disapproval is filed with 

17 the Secretary of the Council within 14 calendar days 

18 of the receipt of the report from the Chief Financial 

19 Officer under paragraph (1)(A); or 

20 (B) if such a notice of disapproval is filed with21 in such deadline, the Council does not by resolution 

22 disapprove the acceptance, obligation, or expenditure 

23 of the grant within 30 calendar days of the initial 

24 receipt of the report from the Chief Financial Offi25 cer under paragraph (1)(A). 
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1 (c) No amount may be obligated or expended from 

2 the general fund or other funds of the District of Colum3 bia government in anticipation of the approval or receipt 

4 of a grant under subsection (b)(2) or in anticipation of 

5 the approval or receipt of a Federal, private, or other 

6 grant not subject to such subsection. 

7 (d) The Chief Financial Officer of the District of Co8 lumbia shall prepare a quarterly report setting forth de9 tailed information regarding all Federal, private, and 

10 other grants subject to this section. Each such report shall 

11 be submitted to the Council of the District of Columbia 

12 and to the Committees on Appropriations of the House 

13 of Representatives and Senate not later than 15 days after 

14 the end of the quarter covered by the report. 

15 SEC. 118. (a) Except as otherwise provided in this 

16 section, none of the funds made available by this Act or 

17 by any other Act may be used to provide any officer or 

18 employee of the District of Columbia with an official vehi19 cle unless the officer or employee uses the vehicle only in 

20 the performance of the officer’s or employee’s official du21 ties. For purposes of this paragraph, the term ‘‘official 

22 duties’’ does not include travel between the officer’s or em23 ployee’s residence and workplace, except in the case of—

24 (1) an officer or employee of the Metropolitan 

25 Police Department who resides in the District of Co-
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1 lumbia or is otherwise designated by the Chief of the 

2 Department; 

3 (2) at the discretion of the Fire Chief, an offi4 cer or employee of the District of Columbia Fire and 

5 Emergency Medical Services Department who re6 sides in the District of Columbia and is on call 24 

7 hours a day; 

8 (3) the Mayor of the District of Columbia; and 

9 (4) the Chairman of the Council of the District 

10 of Columbia. 

11 (b) The Chief Financial Officer of the District of Co12 lumbia shall submit by March 1, 2004, an inventory, as 

13 of September 30, 2003, of all vehicles owned, leased or 

14 operated by the District of Columbia government. The in15 ventory shall include, but not be limited to, the depart16 ment to which the vehicle is assigned; the year and make 

17 of the vehicle; the acquisition date and cost; the general 

18 condition of the vehicle; annual operating and mainte19 nance costs; current mileage; and whether the vehicle is 

20 allowed to be taken home by a District officer or employee 

21 and if so, the officer or employee’s title and resident loca22 tion. 

23 SEC. 119. No officer or employee of the District of 

24 Columbia government (including any independent agency 

25 of the District of Columbia, but excluding the Office of 
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1 the Chief Technology Officer, the Office of the Chief Fi2 nancial Officer of the District of Columbia, and the Metro3 politan Police Department) may enter into an agreement 

4 in excess of $2,500 for the procurement of goods or serv5 ices on behalf of any entity of the District government 

6 until the officer or employee has conducted an analysis 

7 of how the procurement of the goods and services involved 

8 under the applicable regulations and procedures of the 

9 District government would differ from the procurement of 

10 the goods and services involved under the Federal supply 

11 schedule and other applicable regulations and procedures 

12 of the General Services Administration, including an anal13 ysis of any differences in the costs to be incurred and the 

14 time required to obtain the goods or services. 

15 SEC. 120. None of the funds contained in this Act 

16 may be used for purposes of the annual independent audit 

17 of the District of Columbia government for fiscal year 

18 2004 unless—

19 (1) the audit is conducted by the Inspector 

20 General of the District of Columbia, in coordination 

21 with the Chief Financial Officer of the District of 

22 Columbia, pursuant to section 208(a)(4) of the Dis23 trict of Columbia Procurement Practices Act of 

24 1985 (D.C. Official Code, sec. 2–302.8); and 
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1 (2) the audit includes as a basic financial state2 ment a comparison of audited actual year-end re3 sults with the revenues submitted in the budget doc4 ument for such year and the appropriations enacted 

5 into law for such year using the format, terminology, 

6 and classifications contained in the law making the 

7 appropriations for the year and its legislative his8 tory. 

9 SEC. 121. (a) None of the funds contained in this 

10 Act may be used by the District of Columbia Corporation 

11 Counsel or any other officer or entity of the District gov12 ernment to provide assistance for any petition drive or civil 

13 action which seeks to require Congress to provide for vot14 ing representation in Congress for the District of Colum15 bia. 

16 (b) Nothing in this section bars the District of Co17 lumbia Corporation Counsel from reviewing or com18 menting on briefs in private lawsuits, or from consulting 

19 with officials of the District government regarding such 

20 lawsuits. 

21 SEC. 122. (a) None of the funds contained in this 

22 Act may be used for any program of distributing sterile 

23 needles or syringes for the hypodermic injection of any ille24 gal drug. 
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1 (b) Any individual or entity who receives any funds 

2 contained in this Act and who carries out any program 

3 described in subsection (a) shall account for all funds used 

4 for such program separately from any funds contained in 

5 this Act. 

6 SEC. 123. None of the funds contained in this Act 

7 may be used after the expiration of the 60-day period that 

8 begins on the date of the enactment of this Act to pay 

9 the salary of any chief financial officer of any office of 

10 the District of Columbia government (including any inde11 pendent agency of the District of Columbia) who has not 

12 filed a certification with the Mayor and the Chief Finan13 cial Officer of the District of Columbia that the officer 

14 understands the duties and restrictions applicable to the 

15 officer and the officer’s agency as a result of this Act (and 

16 the amendments made by this Act), including any duty 

17 to prepare a report requested either in the Act or in any 

18 of the reports accompanying the Act and the deadline by 

19 which each report must be submitted. The Chief Financial 

20 Officer of the District of Columbia shall provide to the 

21 Committees on Appropriations of the House of Represent22 atives and Senate by the 10th day after the end of each 

23 quarter a summary list showing each report, the due date, 

24 and the date submitted to the Committees. 
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1 SEC. 124. (a) None of the funds contained in this 

2 Act may be used to enact or carry out any law, rule, or 

3 regulation to legalize or otherwise reduce penalties associ4 ated with the possession, use, or distribution of any sched5 ule I substance under the Controlled Substances Act (21 

6 U.S.C. 802) or any tetrahydrocannabinols derivative. 

7 (b) The Legalization of Marijuana for Medical Treat8 ment Initiative of 1998, also known as Initiative 59, ap9 proved by the electors of the District of Columbia on No10 vember 3, 1998, shall not take effect. 

11 SEC. 125. Nothing in this Act may be construed to 

12 prevent the Council or Mayor of the District of Columbia 

13 from addressing the issue of the provision of contraceptive 

14 coverage by health insurance plans, but it is the intent 

15 of Congress that any legislation enacted on such issue 

16 should include a ‘‘conscience clause’’ which provides excep17 tions for religious beliefs and moral convictions. 

18 SEC. 126. The Mayor of the District of Columbia 

19 shall submit to the Committees on Appropriations of the 

20 House of Representatives and Senate, the Committee on 

21 Government Reform of the House of Representatives, and 

22 the Committee on Governmental Affairs of the Senate 

23 quarterly reports addressing—

24 (1) crime, including the homicide rate, imple25 mentation of community policing, the number of po-
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1 lice officers on local beats, and the closing down of 

2 open-air drug markets; 

3 (2) access to substance and alcohol abuse treat4 ment, including the number of treatment slots, the 

5 number of people served, the number of people on 

6 waiting lists, and the effectiveness of treatment pro7 grams; 

8 (3) management of parolees and pre-trial vio9 lent offenders, including the number of halfway 

10 houses escapes and steps taken to improve moni11 toring and supervision of halfway house residents to 

12 reduce the number of escapes to be provided in con13 sultation with the Court Services and Offender Su14 pervision Agency for the District of Columbia; 

15 (4) education, including access to special edu16 cation services and student achievement to be pro17 vided in consultation with the District of Columbia 

18 Public Schools and the District of Columbia public 

19 charter schools; 

20 (5) improvement in basic District services, in21 cluding rat control and abatement; 

22 (6) application for and management of Federal 

23 grants, including the number and type of grants for 

24 which the District was eligible but failed to apply 

25 and the number and type of grants awarded to the 
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1 District but for which the District failed to spend 

2 the amounts received; and

3 (7) indicators of child well-being. 

4 SEC. 127. No later than 30 calendar days after the 

5 date of the enactment of this Act, the Chief Financial Offi6 cer of the District of Columbia shall submit to the appro7 priate committees of Congress, the Mayor, and the Council 

8 of the District of Columbia a revised appropriated funds 

9 operating budget in the format of the budget that the Dis10 trict of Columbia government submitted pursuant to sec11 tion 442 of the District of Columbia Home Rule Act (D.C. 

12 Official Code, sec. 1–204.42), for all agencies of the Dis13 trict of Columbia government for fiscal year 2003 that is 

14 in the total amount of the approved appropriation and 

15 that realigns all budgeted data for personal services and 

16 other-than-personal-services, respectively, with anticipated 

17 actual expenditures. 

18 SEC. 128. None of the funds contained in this Act 

19 may be used to issue, administer, or enforce any order 

20 by the District of Columbia Commission on Human Rights 

21 relating to docket numbers 93–030–(PA) and 93–031–

22 (PA). 

23 SEC. 129. None of the Federal funds made available 

24 in this Act may be transferred to any department, agency, 

25 or instrumentality of the United States Government, ex-
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1 cept pursuant to a transfer made by, or transfer authority 

2 provided in, this Act or any other appropriation Act. 

3 SEC. 130. During fiscal year 2004 and any subse4 quent fiscal year, in addition to any other authority to pay 

5 claims and judgments, any department, agency, or instru6 mentality of the District government may use local funds 

7 to pay the settlement or judgment of a claim or lawsuit 

8 in an amount less than $10,000, in accordance with the 

9 Risk Management for Settlements and Judgments 

10 Amendment Act of 2000 (D.C. Law 13–172; D.C. Official 

11 Code, sec. 2–402). 

12 SEC. 131. Notwithstanding any other law, the Dis13 trict of Columbia Courts shall transfer to the general 

14 treasury of the District of Columbia all fines levied and 

15 collected by the Courts under section 10(b)(1) and (2) of 

16 the District of Columbia Traffic Act (D.C. Official Code, 

17 sec. 50–2201.05(b)(1) and (2)). The transferred funds 

18 shall remain available until expended and shall be used 

19 by the Office of the Corporation Counsel for enforcement 

20 and prosecution of District traffic alcohol laws in accord21 ance with section 10(b)(3) of the District of Columbia 

22 Traffic Act (D.C. Official Code, sec. 50–2201.05(b)(3)). 

23 SEC. 132. During fiscal year 2004 and any subse24 quent fiscal year, any agency of the District government 

25 may transfer to the Office of Labor Relations and Collec-
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1 tive Bargaining (OLRCB) such local funds as may be nec2 essary to pay for representation by OLRCB in third-party 

3 cases, grievances, and dispute resolution, pursuant to an 

4 intra-District agreement with OLRCB. These amounts 

5 shall be available for use by OLRCB to reimburse the cost 

6 of providing the representation. 

7 SEC. 133. (a) None of the funds contained in this 

8 Act may be made available to pay—

9 (1) the fees of an attorney who represents a 

10 party in an action or an attorney who defends an ac11 tion, including an administrative proceeding, brought 

12 against the District of Columbia Public Schools 

13 under the Individuals with Disabilities Education 

14 Act (20 U.S.C. 1400 et seq.) in excess of $4,000 for 

15 that action; or 

16 (2) the fees of an attorney or firm whom the 

17 Chief Financial Officer of the District of Columbia 

18 determines to have a pecuniary interest, either 

19 through an attorney, officer or employee of the firm, 

20 in any special education diagnostic services, schools, 

21 or other special education service providers. 

22 (b)(1) The District of Columbia Public Schools shall 

23 increase the amount of local funds it allocates for services 

24 to children under the Individuals With Disabilities Edu25 cation Act during fiscal year 2004 by the amount of sav-
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1 ings resulting during the year from the restrictions on the 

2 payment of attorney fees under subsection (a), as esti3 mated and published by the Chief Financial Officer. 

4 (2) The Chief Financial Officer shall make estimates 

5 of the savings described in paragraph (1) on a quarterly 

6 basis during fiscal year 2004, and shall publish the esti7 mates not later than 10 days after the end of each quarter. 

8 SEC. 134. The Chief Financial Officer of the District 

9 of Columbia shall require attorneys in special education 

10 cases brought under the Individuals with Disabilities Act 

11 (IDEA) in the District of Columbia to certify in writing 

12 that the attorney or representative rendered any and all 

13 services for which they receive awards, including those re14 ceived under a settlement agreement or as part of an ad15 ministrative proceeding, under the IDEA from the District 

16 of Columbia: Provided, That as part of the certification, 

17 the Chief Financial Officer of the District of Columbia 

18 shall require all attorneys in IDEA cases to disclose any 

19 financial, corporate, legal, memberships on boards of di20 rectors, or other relationships with any special education 

21 diagnostic services, schools, or other special education 

22 service providers to which the attorneys have referred any 

23 clients as part of this certification: Provided further, That 

24 the Chief Financial Officer shall prepare and submit quar25 terly reports to the Committees on Appropriations of the 
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1 Senate and the House of Representatives on the certifi2 cation of and the amount paid by the government of the 

3 District of Columbia, including the District of Columbia 

4 Public Schools, to attorneys in cases brought under IDEA: 

5 Provided further, That the Inspector General of the Dis6 trict of Columbia may conduct investigations to determine 

7 the accuracy of the certifications. 

8 SEC. 135. None of the funds contained in this Act 

9 may be used to fund or otherwise support the action of 

10 District of Columbia, et al., v. Beretta U.S.A. et al. (Nos. 

11 03–CV–24, 03–CV–38, District of Columbia Court of Ap12 peals). 

13 This Act may be cited as the ‘‘District of Columbia 

14 Appropriations Act, 2004’’.

Union Calendar No. 120

108TH CONGRESS 

1ST SESSION H. R. 2765

[Report No. 108–214] 

A BILL

Making appropriations for the government of the 

District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending September 30, 2004, and for other purposes. 

JULY 17, 2003

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed