In the Senate of the United States,

November 18, 2003.

Resolved, That the bill from the House of Representatives (H.R. 2765) entitled ‘‘An Act 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.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 District of Columbia and related agencies for the fiscal year

4 ending September 30, 2004, and for other purposes, namely:
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1 TITLE I—FEDERAL FUNDS

2 FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

3 For a Federal payment to the District of Columbia,

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

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

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

7 available until expended: Provided, That such funds, in8 cluding any interest accrued thereon, may be used on behalf

9 of eligible District of Columbia residents to pay an amount

10 based upon the difference between in-State and out-of-State

11 tuition at public institutions of higher education, or to pay

12 up to $2,500 each year at eligible private institutions of

13 higher education: Provided further, That the awarding of

14 such funds may be prioritized on the basis of a resident’s

15 academic merit, the income and need of eligible students

16 and such other factors as may be authorized: Provided fur17 ther, That the District of Columbia government shall main18 tain a dedicated account for the Resident Tuition Support

19 Program that shall consist of the Federal funds appro20 priated to the Program in this Act and any subsequent ap21 propriations, any unobligated balances from prior fiscal

22 years, and any interest earned in this or any fiscal year:

23 Provided further, That the account shall be under the con24 trol of the District of Columbia Chief Financial Officer who

25 shall use those funds solely for the purposes of carrying out
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1 the Resident Tuition Support Program: Provided further,

2 That the Resident Tuition Support Program Office and the

3 Office of the Chief Financial Officer shall provide a quar4 terly financial report to the Committees on Appropriations

5 of the House of Representatives and Senate for these funds

6 showing, by object class, the expenditures made and the pur7 pose therefor: Provided further, That not more than 7 per8 cent of the total amount appropriated for this program may

9 be used for administrative expenses.

10 FEDERAL PAYMENT FOR EMERGENCY PLANNING AND

11 SECURITY COSTS IN THE DISTRICT OF COLUMBIA

12 For necessary expenses, as determined by the Mayor

13 of the District of Columbia in written consultation with the

14 elected county or city officials of surrounding jurisdictions,

15 $15,000,000, to remain available until expended, to reim16 burse the District of Columbia for the costs of public safety

17 expenses related to security events in the District of Colum18 bia and for the costs of providing support to respond to

19 immediate and specific terrorist threats or attacks in the

20 District of Columbia or surrounding jurisdictions: Pro21 vided, That any amount provided under this heading shall

22 be available only after notice of its proposed use has been

23 transmitted by the President to Congress and such amount

24 has been apportioned pursuant to chapter 15 of title 31,

25 United States Code.
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1 FEDERAL PAYMENT FOR HOSPITAL BIOTERRORISM

2 PREPAREDNESS IN THE DISTRICT OF COLUMBIA

3 For a Federal payment to support hospital bioter4 rorism preparedness in the District of Columbia,

5 $10,000,000, of which $7,000,000 shall be for the Children’s

6 National Medical Center in the District of Columbia for

7 the expansion of quarantine facilities and the establishment

8 of a decontamination facility, and $3,000,000 shall be for

9 the Washington Hospital Center for construction of contain10 ment facilities.

11 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

12 COURTS

13 For salaries and expenses for the District of Columbia

14 Courts, $172,104,000, to be allocated as follows: for the Dis15 trict of Columbia Court of Appeals, $8,775,000, of which

16 not to exceed $1,500 is for official reception and representa17 tion expenses; for the District of Columbia Superior Court,

18 $83,387,000, of which not to exceed $1,500 is for official

19 reception and representation expenses; for the District of

20 Columbia Court System, $40,006,000, of which not to ex21 ceed $1,500 is for official reception and representation ex22 penses; and $39,936,000 for capital improvements for Dis23 trict of Columbia courthouse facilities: Provided, That funds

24 made available for capital improvements shall be expended

25 consistent with the General Services Administration master
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1 plan study and building evaluation report: Provided fur2 ther, That notwithstanding any other provision of law, all

3 amounts under this heading shall be apportioned quarterly

4 by the Office of Management and Budget and obligated and

5 expended in the same manner as funds appropriated for

6 salaries and expenses of other Federal agencies, with payroll

7 and financial services to be provided on a contractual basis

8 with the General Services Administration (GSA), said serv9 ices to include the preparation of monthly financial reports,

10 copies of which shall be submitted directly by GSA to the

11 President and to the Committees on Appropriations of the

12 House of Representatives and Senate, the Committee on

13 Government Reform of the House of Representatives, and

14 the Committee on Governmental Affairs of the Senate: Pro15 vided further, That funds made available for capital im16 provements may remain available until September 30,

17 2005: Provided further, That 30 days after providing writ18 ten notice to the Committees on Appropriations of the

19 House of Representatives and Senate, the District of Colum20 bia Courts may reallocate not more than $1,000,000 of the

21 funds provided under this heading among the items and

22 entities funded under such heading.

23 DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS

24 For payments authorized under section 11–2604 and

25 section 11–2605, D.C. Official Code (relating to representa-
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1 tion provided under the District of Columbia Criminal Jus2 tice Act), payments for counsel appointed in adoption pro3 ceedings under Chapter 3 of title 16, D.C. Code, payments

4 for counsel appointed in proceedings in the Family Court

5 of the Superior Court of the District of Columbia under

6 chapter 23 of title 16, D.C. Official Code or pursuant to

7 a contract with a non-profit organization to provide guard8 ian ad litem representation, training, technical assistance

9 and such other services as are necessary to improve the

10 quality of guardian ad litem representation, and payments

11 for counsel authorized under section 21–2060, D.C. Official

12 Code (relating to representation provided under the District

13 of Columbia Guardianship, Protective Proceedings, and

14 Durable Power of Attorney Act of 1986), $32,000,000, to

15 remain available until expended: Provided, That funds pro16 vided under this heading shall be administered by the Joint

17 Committee on Judicial Administration in the District of

18 Columbia: Provided further, That notwithstanding any

19 other provision of law, this appropriation shall be appor20 tioned quarterly by the Office of Management and Budget

21 and obligated and expended in the same manner as funds

22 appropriated for expenses of other Federal agencies, with

23 payroll and financial services to be provided on a contrac24 tual basis with the General Services Administration (GSA),

25 said services to include the preparation of monthly finan-
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1 cial reports, copies of which shall be submitted directly by

2 GSA to the President and to the Committees on Appropria3 tions of the House of Representatives and Senate, the Com4 mittee on Government Reform of the House of Representa5 tives, and the Committee on Governmental Affairs of the

6 Senate.

7 FEDERAL PAYMENT TO THE COURT SERVICES AND OF8 FENDER SUPERVISION AGENCY FOR THE DISTRICT OF

9 COLUMBIA

10 (INCLUDING TRANSFER OF FUNDS)

11 For salaries and expenses, including the transfer and

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

13 Supervision Agency for the District of Columbia, and the

14 Public Defender Service for the District of Columbia as au15 thorized by the National Capital Revitalization and Self16 Government Improvement Act of 1997, $173,396,000, of

17 which not to exceed $25,000 is for dues and assessments

18 relating to the implementation of the Court Services and

19 Offender Supervision Agency Interstate Supervision Act of

20 2002, of which not to exceed $2,000 is for official receptions

21 and representation expenses related to Community and Pre22 trial Services Agency Programs; of which $110,775,000

23 shall be for necessary expenses of Community Supervision

24 and Sex Offender Registration, to include expenses relating

25 to the supervision of adults subject to protection orders or
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1 the provision of services for or related to such persons; of

2 which $25,210,000 shall be transferred to the Public De3 fender Service for the District of Columbia to include ex4 penses relating to the provision of legal representation and

5 including related services provided to the local courts and

6 Criminal Justice Act bar; and of which $37,411,000 shall

7 be available to the Pretrial Services Agency: Provided, That

8 notwithstanding any other provision of law, all amounts

9 under this heading shall be apportioned quarterly by the

10 Office of Management and Budget and obligated and ex11 pended in the same manner as funds appropriated for sala12 ries and expenses of other Federal agencies: Provided fur13 ther, That notwithstanding chapter 33 of title 40, United

14 States Code, the Director shall acquire by purchase, lease,

15 condemnation, or donation, and renovate as necessary,

16 Building Number 17, 1900 Massachusetts Avenue, South17 east, Washington, District of Columbia to house or supervise

18 offenders and defendants, with funds made available for this

19 purpose in Public Law 107–96: Provided further, That the

20 Director is authorized to accept and use gifts in the form

21 of in-kind contributions of space and hospitality to support

22 offender and defendant programs, and equipment and voca23 tional training services to educate and train offenders and

24 defendants: Provided further, That the Director shall keep

25 accurate and detailed records of the acceptance and use of
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1 any gift or donation under the previous proviso, and shall

2 make such records available for audit and public inspection:

3 Provided further, That the Director is authorized to accept

4 appropriation reimbursements from the District of Colum5 bia Government for space and services provided on a cost

6 reimbursable basis: Provided further, That these reimburse7 ments are subject to approved apportionments from the Of8 fice of Management and Budget.

9 FEDERAL PAYMENT TO THE CHIEF FINANCIAL OFFICER

10 OF THE DISTRICT OF COLUMBIA

11 For a Federal payment to the Chief Financial Officer

12 of the District of Columbia, $33,000,000: Provided, That

13 these funds shall be available for the projects and in the

14 amounts specified in the statement of the managers on the

15 conference report accompanying this Act: Provided further,

16 That each entity that receives funding under this heading

17 shall submit to the Committees on Appropriations of the

18 House of Representatives and Senate a report due March

19 15, 2004, on the activities carried out with such funds.

20 FEDERAL PAYMENT FOR TRANSPORTATION ASSISTANCE

21 For a Federal payment to the District of Columbia

22 Department of Transportation, $3,500,000, of which

23 $500,000 shall be allocated to implement a downtown

24 circulator transit system, and of which $3,000,000 shall be

25 to offset a portion of the District of Columbia’s allocated
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1 operating subsidy payment to the Washington Metropolitan

2 Area Transit Authority.

3 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

4 WATER AND SEWER AUTHORITY

5 For a Federal payment to the District of Columbia

6 Water and Sewer Authority, $25,000,000, to remain avail7 able until expended, to continue implementing the Com8 bined Sewer Overflow Long-Term Control Plan: Provided,

9 That the District of Columbia Water and Sewer Authority

10 provides a 100 percent match for the fiscal year 2004 Fed11 eral contribution.

12 FEDERAL PAYMENT FOR THE ANACOSTIA WATERFRONT

13 INITIATIVE IN THE DISTRICT OF COLUMBIA

14 For a Federal payment to the District of Columbia

15 Department of Transportation, for implementation of the

16 Anacostia Waterfront Initiative, $6,000,000, to remain

17 available until expended.

18 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR

19 CAPITAL DEVELOPMENT

20 For a Federal payment to the District of Columbia

21 for capital development, $5,000,000, to remain available

22 until expended, for the Unified Communications Center.
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1 FEDERAL PAYMENT TO CHILDREN’S NATIONAL MEDICAL

2 CENTER

3 For a Federal payment to Children’s National Medical

4 Center, $10,000,000, for construction costs associated with

5 the expansion of a neo-natal care unit, pediatric intensive

6 care unit, and cardiac intensive care unit.

7 FEDERAL PAYMENT TO ST. COLETTA OF GREATER

8 WASHINGTON EXPANSION PROJECT

9 For a Federal payment to St. Coletta of Greater Wash10 ington, Inc., $2,000,000, for costs associated with establish11 ment of a day program and comprehensive case manage12 ment services for mentally retarded and multiple-handi13 capped adolescents and adults in the District of Columbia,

14 including property acquisition and construction.

15 FEDERAL PAYMENT FOR FOSTER CARE IMPROVEMENTS IN

16 THE DISTRICT OF COLUMBIA

17 For a Federal payment to the District of Columbia

18 for foster care improvements, $14,000,000: Provided, That

19 $9,000,000 shall be for the Child and Family Services Agen20 cy, of which $2,000,000 shall be to establish an early inter21 vention unit to provide intensive and immediate services

22 for foster children; of which $1,000,000 shall be to establish

23 an emergency support fund to purchase items necessary to

24 allow children to remain in the care of an approved family

25 member; of which $3,000,000 shall be for a loan repayment
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1 program for social workers who meet certain agency-estab2 lished requirements; of which $3,000,000 shall be to upgrade

3 the agency’s computer database to a web-based technology

4 and to provide computer technology for social workers: Pro5 vided further, That $3,900,000 shall be for the Department

6 of Mental Health to provide all court-ordered mental health

7 assessments and treatments for children under the super8 vision of the Child and Family Services Agency: Provided

9 further, That the Director of the Department of Mental

10 Health shall ensure that court-ordered mental health assess11 ments are completed within 15 days of the court order and

12 that all assessments be provided to the Court within 5 days

13 of completion of the assessment: Provided further, That the

14 Director shall initiate court-ordered mental health services

15 within 10 days of the issuance of an order: Provided fur16 ther, That $1,100,000 shall be for the Washington Metro17 politan Council of Governments to develop a program to

18 provide respite care for and recruitment of foster parents:

19 Provided further, That the Mayor shall submit a detailed

20 expenditure plan for the use of funds provided under this

21 heading within 15 days of enactment of this legislation to

22 the Committees on Appropriations of the House of Rep23 resentatives and Senate: Provided further, That the funds

24 provided under this heading shall not be made available

25 until 30 calendar days after the submission to Congress of
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1 a spending plan: Provided further, That no part of this ap2 propriation may be used for contractual community-based

3 services: Provided further, That the Comptroller General

4 shall prepare and submit to the Committees on Appropria5 tions of the House and Senate an accounting of all obliga6 tions and expenditures of the funds provided under this

7 heading: Provided further, That the Comptroller General

8 shall initiate management reviews of the Child and Family

9 Services Agency and the Department of Mental Health and

10 submit a report to the Committees on Appropriations of the

11 House and Senate no later than 6 months after enactment

12 of this Act.

13 FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

14 For a Federal payment for a School Improvement Pro15 gram in the District of Columbia, $27,000,000, to be allo16 cated as follows: for the State Education Office, $13,000,000

17 to improve public school education in the District of Colum18 bia; for the State Education Office, $13,000,000 to expand

19 quality charter schools in the District of Columbia.

20 AUTHORIZATION OF APPROPRIATIONS

21 There are authorized to be appropriated to carry out

22 this Act such sums as may be necessary.
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1 TITLE II—DISTRICT OF COLUMBIA FUNDS

2 OPERATING EXPENSES

3 DIVISION OF EXPENSES

4 The following amounts are appropriated for the Dis5 trict of Columbia for the current fiscal year out of the gen6 eral fund of the District of Columbia, except as otherwise

7 specifically provided: Provided, That notwithstanding any

8 other provision of law, except as provided in section 450A

9 of the District of Columbia Home Rule Act and provisions

10 of this Act (D.C. Official Code, sec. 1–204.50a), the total

11 amount appropriated in this Act for operating expenses for

12 the District of Columbia for fiscal year 2004 under this

13 heading shall not exceed the lesser of the sum of the total

14 revenues of the District of Columbia for such fiscal year

15 or $6,326,138,000 (of which $3,832,734,000 shall be from

16 local funds (of which $96,248,000 shall be funds identified

17 in the fiscal year 2002 comprehensive annual financial re18 port as the District of Columbia’s fund balance funds),

19 $1,568,734,000 shall be from Federal grant funds,

20 $13,766,000 shall be from private funds, $910,904,000 shall

21 be from other funds) and $109,500,000 from funds pre22 viously appropriated in this Act as Federal payments: Pro23 vided further, That an amount of $263,759,000 shall be for

24 Intra-District funds: Provided further, That this amount

25 may be increased by proceeds of one-time transactions,
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1 which are expended for emergency or unanticipated oper2 ating or capital needs: Provided further, That such in3 creases shall be approved by enactment of local District law

4 and shall comply with all reserve requirements contained

5 in the District of Columbia Home Rule Act: Provided fur6 ther, That the Chief Financial Officer of the District of Co7 lumbia shall take such steps as are necessary to assure that

8 the District of Columbia meets these requirements, includ9 ing the apportioning by the Chief Financial Officer of the

10 appropriations and funds made available to the District

11 during fiscal year 2004, except that the Chief Financial Of12 ficer may not reprogram for operating expenses any funds

13 derived from bonds, notes, or other obligations issued for

14 capital projects.

15 GOVERNMENTAL DIRECTION AND SUPPORT

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

17 (including $206,825,000 from local funds, $57,440,000 from

18 Federal funds, and $20,150,000 from other funds), in addi19 tion, $20,000,000 from funds previously appropriated in

20 this Act under the heading ‘‘Federal Payment to the Chief

21 Financial Officer of the District of Columbia’’, and

22 $1,100,000 from funds previously appropriated in this Act

23 under the heading ‘‘Federal Payment for Foster Care Im24 provement in the District of Columbia’’: Provided, That not

25 to exceed $2,500 for the Mayor, $2,500 for the Chairman
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1 of the Council of the District of Columbia, $2,500 for the

2 City Administrator, and $2,500 for the Office of the Chief

3 Financial Officer shall be available from this appropriation

4 for official purposes: Provided further, That any program

5 fees collected from the issuance of debt shall be available

6 for the payment of expenses of the debt management pro7 gram of the District of Columbia: Provided further, That

8 no revenues from Federal sources shall be used to support

9 the operations or activities of the Statehood Commission

10 and Statehood Compact Commission: Provided further,

11 That the District of Columbia shall identify the sources of

12 funding for Admission to Statehood from its own locally

13 generated revenues: Provided further, That notwithstanding

14 any other provision of law, or Mayor’s Order 86–45, issued

15 March 18, 1986, the Office of the Chief Technology Officer’s

16 delegated small purchase authority shall be $500,000: Pro17 vided further, That the District of Columbia government

18 may not require the Office of the Chief Technology Officer

19 to submit to any other procurement review process, or to

20 obtain the approval of or be restricted in any manner by

21 any official or employee of the District of Columbia govern22 ment, for purchases that do not exceed $500,000: Provided

23 further, That an amount not to exceed $25,000 of the funds

24 in the Antifraud Fund established pursuant to section 820

25 of the District of Columbia Procurement Practices Act of
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1 1985, effective May 8, 1998 (D.C. Law 12–104; D.C. Offi2 cial Code, sec. 2–308.20), is hereby made available, to re3 main available until expended, for the use of the Office of

4 the Corporation Counsel of the District of Columbia in ac5 cordance with the laws establishing this fund.

6 ECONOMIC DEVELOPMENT AND REGULATION

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

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

9 Federal funds, $125,000 from private funds, and

10 $132,109,000 from other funds), of which $15,000,000 col11 lected by the District of Columbia in the form of BID tax

12 revenue shall be paid to the respective BIDs pursuant to

13 the Business Improvement Districts Act of 1996 (D.C. Law

14 11–134; D.C. Official Code, sec. 2–1215.01 et seq.), and the

15 Business Improvement Districts Amendment Act of 1997

16 (D.C. Law 12–26; D.C. Official Code, sec. 2–1215.15 et

17 seq.): Provided, That such funds are available for acquiring

18 services provided by the General Services Administration:

19 Provided further, That Business Improvement Districts

20 shall be exempt from taxes levied by the District of Colum21 bia.

22 PUBLIC SAFETY AND JUSTICE

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

24 $716,715,000 from local funds, $10,290,000 from Federal

25 funds, $9,000 from private funds, and $18,944,000 from
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1 other funds): Provided, That not to exceed $500,000 shall

2 be available from this appropriation for the Chief of Police

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

4 That the Mayor shall reimburse the District of Columbia

5 National Guard for expenses incurred in connection with

6 services that are performed in emergencies by the National

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

8 in amounts that shall be jointly determined and certified

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

10 Commanding General of the District of Columbia National

11 Guard: Provided further, That such sums as may be nec12 essary for reimbursement to the District of Columbia Na13 tional Guard under the preceding proviso shall be available

14 from this appropriation, and the availability of the sums

15 shall be deemed as constituting payment in advance for

16 emergency services involved.

17 PUBLIC EDUCATION SYSTEM

18 (INCLUDING TRANSFERS OF FUNDS)

19 Public education system, including the development of

20 national defense education programs, $1,157,841,000 (in21 cluding $962,941,000 from local funds, $156,708,000 from

22 Federal grant funds, $4,302,000 from private funds, and

23 not to exceed $6,816,000, to remain available until ex24 pended, from the Medicaid and Special Education Reform

25 Fund), in addition, $17,000,000 from funds previously ap-
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1 propriated in this Act under the heading ‘‘Federal Payment

2 for Resident Tuition Support’’ and $26,000,000 from funds

3 previously appropriated in this Act under the heading

4 ‘‘Federal Payment for School Improvement in the District

5 of Columbia’’, to be allocated as follows:

6 (1) DISTRICT OF COLUMBIA PUBLIC SCHOOLS.—

7 $870,135,000 (including $738,444,000 from local

8 funds, $114,749,000 from Federal funds, $3,599,000

9 from private funds, and $6,527,000 from other funds

10 shall be available for District of Columbia Public

11 Schools: Provided, That notwithstanding any other

12 provision of law, rule, or regulation, the evaluation

13 process and instruments for evaluating District of Co14 lumbia Public School employees shall be a non-nego15 tiable item for collective bargaining purposes: Pro16 vided further, That this appropriation shall not be

17 available to subsidize the education of any non18 resident of the District of Columbia at any District

19 of Columbia public elementary or secondary school

20 during fiscal year 2004, unless the nonresident pays

21 tuition to the District of Columbia at a rate that cov22 ers 100 percent of the costs incurred by the District

23 of Columbia that are attributable to the education of

24 the nonresident (as established by the Superintendent

25 of the District of Columbia Public Schools): Provided
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1 further, That notwithstanding the amounts otherwise

2 provided under this heading or any other provision of

3 law, there shall be appropriated to the District of Co4 lumbia Public Schools on July 1, 2004, an amount

5 equal to 10 percent of the total amount provided for

6 the District of Columbia Public Schools in the pro7 posed budget of the District of Columbia for fiscal

8 year 2005 (as submitted to Congress), and the amount

9 of such payment shall be chargeable against the final

10 amount provided for the District of Columbia Public

11 Schools under the District of Columbia Appropria12 tions Act, 2005: Provided further, That not to exceed

13 $2,500 for the Superintendent of Schools shall be

14 available from this appropriation for official pur15 poses: Provided further, That the District of Columbia

16 Public Schools shall submit to the Board of Education

17 by January 1 and July 1 of each year a Schedule A

18 showing all the current funded positions of the Dis19 trict of Columbia Public Schools, their compensation

20 levels, and indicating whether the positions are en21 cumbered: Provided further, That the Board of Edu22 cation shall approve or disapprove each Schedule A

23 within 30 days of its submission and provide the

24 Council of the District of Columbia a copy of the

25 Schedule A upon its approval.
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1 (2) STATE EDUCATION OFFICE.—$38,752,000

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

3 from Federal grant funds, and $176,000 from other

4 funds), in addition, $17,000,000 from funds pre5 viously appropriated in this Act under the heading

6 ‘‘Federal Payment for Resident Tuition Support’’

7 and $26,000,000 from funds previously appropriated

8 in this Act under the heading ‘‘Federal Payment for

9 School Improvement in the District of Columbia’’

10 shall be available for the State Education Office: Pro11 vided, That of the amounts provided to the State

12 Education Office, $500,000 from local funds shall re13 main available until June 30, 2005 for an audit of

14 the student enrollment of each District of Columbia

15 Public School and of each District of Columbia public

16 charter school.

17 (3) DISTRICT OF COLUMBIA PUBLIC CHARTER

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

19 available for District of Columbia public charter

20 schools: Provided, That there shall be quarterly dis21 bursement of funds to the District of Columbia public

22 charter schools, with the first payment to occur with23 in 15 days of the beginning of the fiscal year: Pro24 vided further, That if the entirety of this allocation

25 has not been provided as payments to any public
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1 charter school currently in operation through the per

2 pupil funding formula, the funds shall be available as

3 follows: (1) the first $3,000,000 shall be deposited in

4 the Credit Enhancement Revolving Fund established

5 pursuant to section 603(e) of the Student Loan Mar6 keting Association Reorganization Act of 1996, ap7 proved September 20, 1996 (Public Law 104–208; 110

8 Stat. 3009; 20 U.S.C. 1155(e)); and (2) the balance

9 shall be for public education in accordance with sec10 tion 2403(b)(2) of the District of Columbia School Re11 form Act of 1995, approved November 19, 1997 (Pub12 lic Law 105–100, section 172; D.C. Official Code, sec13 tion 38–1804.03(b)(2)): Provided further, That of the

14 amounts made available to District of Columbia pub15 lic charter schools, $25,000 shall be made available to

16 the Office of the Chief Financial Officer as authorized

17 by section 2403(b)(6) of the District of Columbia

18 School Reform Act of 1995 (D.C. Official Code, sec.

19 38–1804.03(b)(6)): Provided further, That $660,000 of

20 this amount shall be available to the District of Co21 lumbia Public Charter School Board for administra22 tive costs: Provided further, That notwithstanding the

23 amounts otherwise provided under this heading or

24 any other provision of law, there shall be appro25 priated to the District of Columbia public charter
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1 schools on July 1, 2004, an amount equal to 25 per2 cent of the total amount provided for payments to

3 public charter schools in the proposed budget of the

4 District of Columbia for fiscal year 2005 (as sub5 mitted to Congress), and the amount of such payment

6 shall be chargeable against the final amount provided

7 for such payments under the District of Columbia Ap8 propriations Act, 2005.

9 (4) UNIVERSITY OF THE DISTRICT OF COLUM10 BIA.—$80,660,000 (including $48,656,000 from local

11 funds, $11,867,000 from Federal funds, $703,000 from

12 private funds, and $19,434,000 from other funds)

13 shall be available for the University of the District of

14 Columbia: Provided, That this appropriation shall

15 not be available to subsidize the education of non16 residents of the District of Columbia at the University

17 of the District of Columbia, unless the Board of

18 Trustees of the University of the District of Columbia

19 adopts, for the fiscal year ending September 30, 2004,

20 a tuition rate schedule that will establish the tuition

21 rate for nonresident students at a level no lower than

22 the nonresident tuition rate charged at comparable

23 public institutions of higher education in the metro24 politan area: Provided further, That notwithstanding

25 the amounts otherwise provided under this heading or
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1 any other provision of law, there shall be appro2 priated to the University of the District of Columbia

3 on July 1, 2004, an amount equal to 10 percent of

4 the total amount provided for the University of the

5 District of Columbia in the proposed budget of the

6 District of Columbia for fiscal year 2005 (as sub7 mitted to Congress), and the amount of such payment

8 shall be chargeable against the final amount provided

9 for the University of the District of Columbia under

10 the District of Columbia Appropriations Act, 2005:

11 Provided further, That not to exceed $2,500 for the

12 President of the University of the District of Colum13 bia shall be available from this appropriation for offi14 cial purposes.

15 (5) DISTRICT OF COLUMBIA PUBLIC LIBRAR16 IES.—$28,287,000 (including $26,750,000 from local

17 funds, $1,000,000 from Federal funds, and $537,000

18 from other funds) shall be available for the District of

19 Columbia Public Libraries: Provided, That not to ex20 ceed $2,000 for the Public Librarian shall be avail21 able from this appropriation for official purposes.

22 (6) COMMISSION ON THE ARTS ANDHUMAN23 ITIES.—$2,476,000 (including $1,601,000 from local

24 funds, $475,000 from Federal funds, and $400,000
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HR 2765 EAS

1 from other funds) shall be available for the Commis2 sion on the Arts and Humanities.

3 HUMAN SUPPORT SERVICES

4 (INCLUDING TRANSFER OF FUNDS)

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

6 $1,030,223,000 from local funds, $1,247,945,000 from Fed7 eral funds, $9,330,000 from private funds, and $24,330,000

8 from other funds, of which $48,239,000, to remain available

9 until expended, shall be available for deposit in the Med10 icaid and Special Education Reform Fund established pur11 suant to the Medicaid and Special Education Reform Fund

12 Establishment Act of 2002, effective October 1, 2002 (D.C.

13 Law 14–190; D.C. Official Code 4–204.51 et seq.)), in addi14 tion, $12,900,000 from funds previously appropriated in

15 this Act under the heading ‘‘Federal Payment to Foster

16 Care Improvement in the District of Columbia’’: Provided,

17 That the funds deposited in the Medicaid and Special Edu18 cation Reform Fund are allocated as follows: no more than

19 $6,816,000 for District of Columbia Public Schools, no more

20 than $18,744,000 for Child and Family Services, no more

21 than $7,795,000 for the Department of Human Services,

22 and no more than $21,700,000 for the Department of Men23 tal Health: Provided further, That $27,959,000 of this ap24 propriation, to remain available until expended, shall be

25 available solely for District of Columbia employees’ dis-
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HR 2765 EAS

1 ability compensation: Provided further, That $7,500,000 of

2 this appropriation, to remain available until expended,

3 shall be deposited in the Addiction Recovery Fund, estab4 lished pursuant to section 5 of the Choice in Drug Treat5 ment Act of 2000 (D.C. Law 13–146; D.C. Official Code,

6 sec. 7–3004) and used exclusively for the purpose of the

7 Drug Treatment Choice Program established pursuant to

8 section 4 of the Choice in Drug Treatment Act of 2000 (D.C.

9 Law 13–146; D.C. Official Code, sec. 7–3003): Provided fur10 ther, That no less than $2,000,000 of this appropriation

11 shall be available exclusively for the purpose of funding the

12 pilot substance abuse program for youth ages 14 through

13 21 years established pursuant to section 4212 of the Pilot

14 Substance Abuse Program for Youth Act of 2001 (D.C. Law

15 14–28; D.C. Official Code, sec. 7–3101): Provided further,

16 That $4,500,000 of this appropriation, to remain available

17 until expended, shall be deposited in the Interim Disability

18 Assistance Fund established pursuant to section 201 of the

19 District of Columbia Public Assistance Act of 1982 (D.C.

20 Law 4–101; D.C. Official Code, sec. 4–202.01), to be used

21 exclusively for the Interim Disability Assistance program

22 and the purposes for that program set forth in section 407

23 of the District of Columbia Public Assistance Act of 1982

24 (D.C. Law 13–252; D.C. Official Code, sec. 4–204.07): Pro25 vided further, That no less than $640,531 of this appropria-
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HR 2765 EAS

1 tion shall be available exclusively for the purpose of funding

2 the Burial Assistance Program established by section 1802

3 of the Burial Assistance Program Reestablishment Act of

4 1999, effective October 20, 1999 (D.C. Law 13–38; D.C. Of5 ficial Code, section 4–1001).

6 PUBLIC WORKS

7 Public works, including rental of one passenger-car8 rying vehicle for use by the Mayor and three passenger-car9 rying vehicles for use by the Council of the District of Co10 lumbia and leasing of passenger-carrying vehicles,

11 $327,046,000 (including $308,028,000 from local funds,

12 $5,274,000 from Federal funds, and $13,744,000 from other

13 funds): Provided, That this appropriation shall not be

14 available for collecting ashes or miscellaneous refuse from

15 hotels and places of business.

16 EMERGENCY AND CONTINGENCY RESERVE FUNDS

17 For the emergency reserve fund and the contingency

18 reserve fund under section 450A of the District of Columbia

19 Home Rule Act (D.C. Official Code, sec. 1–204.50a), such

20 amounts from local funds as are necessary to meet the bal21 ance requirements for such funds under such section.

22 REPAYMENT OF LOANS AND INTEREST

23 For payment of principal, interest, and certain fees

24 directly resulting from borrowing by the District of Colum25 bia to fund District of Columbia capital projects as author-
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HR 2765 EAS

1 ized by sections 462, 475, and 490 of the District of Colum2 bia Home Rule Act (D.C. Official Code, secs. 1–204.62, 1–

3 204.75, and 1–204.90), $311,504,000 from local funds: Pro4 vided, That for equipment leases, the Mayor may finance

5 $14,300,000 of equipment cost, plus cost of issuance not to

6 exceed 2 percent of the par amount being financed on a

7 lease purchase basis with a maturity not to exceed 5 years.

8 PAYMENT OF INTEREST ON SHORT-TERM BORROWING

9 For payment of interest on short-term borrowing,

10 $3,000,000 from local funds.

11 CERTIFICATES OF PARTICIPATION

12 For principal and interest payments on the District’s

13 Certificates of Participation, issued to finance the ground

14 lease underlying the building located at One Judiciary

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

16 SETTLEMENTS AND JUDGMENTS

17 For making refunds and for the payment of legal set18 tlements or judgments that have been entered against the

19 District of Columbia government, $22,522,000: Provided,

20 That this appropriation shall not be construed as modifying

21 or affecting the provisions of section 103 of this Act.

22 WILSON BUILDING

23 For expenses associated with the John A. Wilson

24 Building, $3,704,000 from local funds.
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HR 2765 EAS

1 WORKFORCE INVESTMENTS

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

3 funds, to be transferred by the Mayor of the District of Co4 lumbia within the various appropriation headings in this

5 Act for which employees are properly payable.

6 NON-DEPARTMENTAL AGENCY

7 To account for anticipated costs that cannot be allo8 cated to specific agencies during the development of the pro9 posed budget, $19,639,000 (including $11,455,000 from

10 local funds, and $8,184,000 from other funds) to be trans11 ferred by the Mayor of the District of Columbia within the

12 various appropriation headings in this Act: Provided, That

13 $5,000,000 in local funds shall be available to meet contrac14 tual obligations, and $11,455,000 in local funds shall be

15 for anticipated costs associated with the No Child Left Be16 hind Act.

17 EMERGENCY PLANNING AND SECURITY COSTS

18 From funds previously appropriated in this Act under

19 the heading ‘‘Federal Payment for Emergency Planning

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

21 $15,000,000.

22 TRANSPORTATION ASSISTANCE

23 From funds previously appropriated in this Act under

24 the heading ‘‘Federal Payment for Transportation Assist25 ance’’, $3,500,000.
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HR 2765 EAS

1 PAY-AS-YOU-GO CAPITAL

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

3 financing, $11,267,000, to be transferred to the Capital

4 Fund, subject to the Criteria for Spending Pay-as-You-Go

5 Funding Amendment Act of 2003, approved by the Council

6 of the District of Columbia on 1st reading, May 6, 2003

7 (Title 25 of Bill 15–218). Pursuant to this Act, there are

8 authorized to be transferred from Pay-As-You-Go Capital

9 funds to other headings of this Act, as necessary to carry

10 out the purposes of this Act.

11 TAX INCREMENT FINANCING PROGRAM

12 For a Tax Increment Financing Program, $1,940,000

13 from local funds.

14 CASH RESERVE

15 For the cumulative cash reserve established pursuant

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

17 Responsibility and Management Assistance Act of 1995, ap18 proved April 17, 1995 (Public Law 107–96; D.C. Official

19 Code, section 47–392.02(j)(2)), $50,000,000 from local

20 funds.

21 MEDICAID DISALLOWANCE

22 For making refunds associated with disallowed Med23 icaid funding an amount not to exceed $57,000,000 in local

24 funds to remain available until expended: Provided, That

25 funds are derived from a transfer from the funds identified
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HR 2765 EAS

1 in the fiscal year 2002 comprehensive annual financial re2 port as the District of Columbia’s Grants Disallowance bal3 ance.

4 ENTERPRISE AND OTHER FUNDS

5 WATER AND SEWER AUTHORITY

6 For operation of the Water and Sewer Authority,

7 $259,095,000 from other funds, of which $18,692,000 shall

8 be apportioned for repayment of loans and interest incurred

9 for capital improvement projects ($18,094,000 and payable

10 to the District’s debt service fund).

11 For construction projects, $199,807,000, to be distrib12 uted as follows: $99,449,000 for the Blue Plains Wastewater

13 Treatment Plant, $16,739,000 for the sewer program,

14 $42,047,000 for the combined sewer program, $42,047,000

15 for the Combined Sewer Overflow Long-Term Control Plan,

16 $5,993,000 for the stormwater program, $24,431,000 for the

17 water program, and $11,148,000 for the capital equipment

18 program, in addition, $25,000,000 from funds previously

19 appropriated in this Act under the heading ‘‘Federal Pay20 ment to the District of Columbia Water and Sewer Author21 ity’’.

22 WASHINGTON AQUEDUCT

23 For operation of the Washington Aqueduct,

24 $55,553,000 from other funds.
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HR 2765 EAS

1 STORMWATER PERMIT COMPLIANCE ENTERPRISE FUND

2 For operation of the Stormwater Permit Compliance

3 Enterprise Fund, $3,501,000 from other funds.

4 LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

5 For the Lottery and Charitable Games Enterprise

6 Fund, established by the District of Columbia Appropria7 tion Act, 1982, for the purpose of implementing the Law

8 to Legalize Lotteries, Daily Numbers Games, and Bingo

9 and Raffles for Charitable Purposes in the District of Co10 lumbia (D.C. Law 3–172; D.C. Official Code, sec. 3–1301

11 et seq. and sec. 22–1716 et seq.), $242,755,000: Provided,

12 That the District of Columbia shall identify the source of

13 funding for this appropriation title from the District’s own

14 locally generated revenues: Provided further, That no reve15 nues from Federal sources shall be used to support the oper16 ations or activities of the Lottery and Charitable Games

17 Control Board.

18 SPORTS AND ENTERTAINMENT COMMISSION

19 For the Sports and Entertainment Commission,

20 $13,979,000 from local funds.

21 DISTRICT OF COLUMBIA RETIREMENT BOARD

22 For the District of Columbia Retirement Board, estab23 lished pursuant to section 121 of the District of Columbia

24 Retirement Reform Act of 1979 (D.C. Official Code, sec. 1–

25 711), $13,895,000 from the earnings of the applicable retire-
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HR 2765 EAS

1 ment funds to pay legal, management, investment, and

2 other fees and administrative expenses of the District of Co3 lumbia Retirement Board: Provided, That the District of

4 Columbia Retirement Board shall provide to the Congress

5 and to the Council of the District of Columbia a quarterly

6 report of the allocations of charges by fund and of expendi7 tures of all funds: Provided further, That the District of

8 Columbia Retirement Board shall provide the Mayor, for

9 transmittal to the Council of the District of Columbia, an

10 itemized accounting of the planned use of appropriated

11 funds in time for each annual budget submission and the

12 actual use of such funds in time for each annual audited

13 financial report.

14 WASHINGTON CONVENTION CENTER ENTERPRISE FUND

15 For the Washington Convention Center Enterprise

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

17 NATIONAL CAPITAL REVITALIZATION CORPORATION

18 For the National Capital Revitalization Corporation,

19 $7,849,000 from other funds.

20 CAPITAL OUTLAY

21 (INCLUDING RESCISSIONS)

22 For construction projects, an increase of

23 $1,004,796,000, of which $601,708,000 shall be from local

24 funds, $46,014,000 from Highway Trust funds, $38,311,000

25 from the Rights-of-way funds, $218,880,000 from Federal
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HR 2765 EAS

1 funds, and a rescission of $99,884,000 from local funds ap2 propriated under this heading in prior fiscal years, for a

3 net amount of $904,913,000, to remain available until ex4 pended, in addition, $5,000,000 from funds previously ap5 propriated in this Act under the heading ‘‘Federal Payment

6 for Capital Development in the District of Columbia’’ and

7 $6,000,000 from funds previously appropriated in this Act

8 for the ‘‘Anacostia Waterfront Initiative’’: Provided, That

9 funds for use of each capital project implementing agency

10 shall be managed and controlled in accordance with all pro11 cedures and limitations established under the Financial

12 Management System: Provided further, That all funds pro13 vided by this appropriation title shall be available only for

14 the specific projects and purposes intended.

15 TITLE III GENERAL PROVISIONS

16 SEC. 301. Whenever in this Act, an amount is specified

17 within an appropriation for particular purposes or objects

18 of expenditure, such amount, unless otherwise specified,

19 shall be considered as the maximum amount that may be

20 expended for said purpose or object rather than an amount

21 set apart exclusively therefor.

22 SEC. 302. Appropriations in this Act shall be available

23 for expenses of travel and for the payment of dues of organi24 zations concerned with the work of the District of Columbia

25 government, when authorized by the Mayor: Provided, That
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HR 2765 EAS

1 in the case of the Council of the District of Columbia, funds

2 may be expended with the authorization of the Chairman

3 of the Council.

4 SEC. 303. There are appropriated from the applicable

5 funds of the District of Columbia such sums as may be nec6 essary for making refunds and for the payment of legal set7 tlements or judgments that have been entered against the

8 District of Columbia government: Provided, That nothing

9 contained in this section shall be construed as modifying

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

11 of the District of Columbia Income and Franchise Tax Act

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

13 SEC. 304. No part of any appropriation contained in

14 this Act shall remain available for obligation beyond the

15 current fiscal year unless expressly so provided herein.

16 SEC. 305. No funds appropriated in this Act for the

17 District of Columbia government for the operation of edu18 cational institutions, the compensation of personnel, or for

19 other educational purposes may be used to permit, encour20 age, facilitate, or further partisan political activities. Noth21 ing herein is intended to prohibit the availability of school

22 buildings for the use of any community or partisan polit23 ical group during non-school hours.

24 SEC. 306. None of the funds appropriated in this Act

25 shall be made available to pay the salary of any employee
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HR 2765 EAS

1 of the District of Columbia government whose name, title,

2 grade, and salary are not available for inspection by the

3 Committees on Appropriations of the House of Representa4 tives and Senate, the Committee on Government Reform of

5 the House of Representatives, the Committee on Govern6 mental Affairs of the Senate, and the Council of the District

7 of Columbia, or their duly authorized representative.

8 SEC. 307. None of the Federal funds provided in this

9 Act may be used for publicity or propaganda purposes or

10 implementation of any policy including boycott designed to

11 support or defeat legislation pending before Congress or any

12 State legislature.

13 SEC. 308. (a) None of the Federal funds provided in

14 this Act may be used to carry out lobbying activities on

15 any matter.

16 (b) Nothing in this section may be construed to pro17 hibit any elected official from advocating with respect to

18 any issue.

19 SEC. 309. (a) None of the funds provided under this

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

21 District government agencies, that remain available for ob22 ligation or expenditure in fiscal year 2004, or provided

23 from any accounts in the Treasury of the United States

24 derived by the collection of fees available to the agencies

25 funded by this Act, shall be available for obligation or ex-
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HR 2765 EAS

1 penditure for an agency through a reprogramming of funds

2 which—

3 (1) creates new programs;

4 (2) eliminates a program, project, or responsi5 bility center;

6 (3) establishes or changes allocations specifically

7 denied, limited or increased under this Act;

8 (4) increases funds or personnel by any means

9 for any program, project, or responsibility center for

10 which funds have been denied or restricted;

11 (5) reestablishes any program or project pre12 viously deferred through reprogramming;

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

14 responsibility center through a reprogramming of

15 funds in excess of $1,000,000 or 10 percent, whichever

16 is less; or

17 (7) increases by 20 percent or more personnel as18 signed to a specific program, project or responsibility

19 center,

20 unless the Committees on Appropriations of the House of

21 Representatives and Senate are notified in writing 30 days

22 in advance of the reprogramming.

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

24 be available for obligation or expenditure for an agency

25 through a transfer of any local funds from one appropria-
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HR 2765 EAS

1 tion heading to another unless the Committees on Appro2 priations of the House of Representatives and Senate are

3 notified in writing 30 days in advance of the transfer, ex4 cept that in no event may the amount of any funds trans5 ferred exceed 4 percent of the local funds in the appropria6 tion.

7 SEC. 310. Consistent with the provisions of section

8 1301(a) of title 31, United States Code, appropriations

9 under this Act shall be applied only to the objects for which

10 the appropriations were made except as otherwise provided

11 by law.

12 SEC. 311. Notwithstanding any other provisions of

13 law, the provisions of the District of Columbia Government

14 Comprehensive Merit Personnel Act of 1978 (D.C. Law 2–

15 139; D.C. Official Code, sec. 1–601.01 et seq.), enacted pur16 suant to section 422(3) of the District of Columbia Home

17 Rule Act (D.C. Official Code, sec. 1–204.22(3)), shall apply

18 with respect to the compensation of District of Columbia

19 employees: Provided, That for pay purposes, employees of

20 the District of Columbia government shall not be subject

21 to the provisions of title 5, United States Code.

22 SEC. 312. No later than 30 days after the end of the

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

24 of Columbia shall submit to the Council of the District of

25 Columbia and the Committees on Appropriations of the
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HR 2765 EAS

1 House of Representatives and Senate the new fiscal year

2 2004 revenue estimates as of the end of such quarter. These

3 estimates shall be used in the budget request for fiscal year

4 2005. The officially revised estimates at midyear shall be

5 used for the midyear report.

6 SEC. 313. No sole source contract with the District of

7 Columbia government or any agency thereof may be re8 newed or extended without opening that contract to the

9 competitive bidding process as set forth in section 303 of

10 the District of Columbia Procurement Practices Act of 1985

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

12 that the District of Columbia government or any agency

13 thereof may renew or extend sole source contracts for which

14 competition is not feasible or practical, but only if the deter15 mination as to whether to invoke the competitive bidding

16 process has been made in accordance with duly promulgated

17 rules and procedures and has been reviewed and certified

18 by the Chief Financial Officer of the District of Columbia.

19 SEC. 314. (a) In the event a sequestration order is

20 issued pursuant to the Balanced Budget and Emergency

21 Deficit Control Act of 1985 after the amounts appropriated

22 to the District of Columbia for the fiscal year involved have

23 been paid to the District of Columbia, the Mayor of the Dis24 trict of Columbia shall pay to the Secretary of the Treasury,

25 within 15 days after receipt of a request therefor from the
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HR 2765 EAS

1 Secretary of the Treasury, such amounts as are sequestered

2 by the order: Provided, That the sequestration percentage

3 specified in the order shall be applied proportionately to

4 each of the Federal appropriation accounts in this Act that

5 are not specifically exempted from sequestration by such

6 Act.

7 (b) For purposes of the Balanced Budget and Emer8 gency Deficit Control Act of 1985, the term ‘‘program,

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

10 specifically to each account appropriating Federal funds in

11 this Act, and any sequestration order shall be applied to

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

13 those accounts: Provided, That sequestration orders shall

14 not be applied to any account that is specifically exempted

15 from sequestration by the Balanced Budget and Emergency

16 Deficit Control Act of 1985.

17 SEC. 315. (a)(1) An entity of the District of Columbia

18 government may accept and use a gift or donation during

19 fiscal year 2004 if—

20 (A) the Mayor approves the acceptance and use

21 of the gift or donation (except as provided in para22 graph (2) of this subsection); and

23 (B) the entity uses the gift or donation to carry

24 out its authorized functions or duties.
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HR 2765 EAS

1 (2) The Council of the District of Columbia and the

2 District of Columbia courts may accept and use gifts with3 out prior approval by the Mayor.

4 (b) Each entity of the District of Columbia government

5 shall keep accurate and detailed records of the acceptance

6 and use of any gift or donation under subsection (a), and

7 shall make such records available for audit and public in8 spection.

9 (c) For the purposes of this section, the term ‘‘entity

10 of the District of Columbia government’’ includes an inde11 pendent agency of the District of Columbia.

12 (d) This section shall not apply to the District of Co13 lumbia Board of Education, which may, pursuant to the

14 laws and regulations of the District of Columbia, accept

15 and use gifts to the public schools without prior approval

16 by the Mayor.

17 SEC. 316. None of the Federal funds provided in this

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

19 for salaries, expenses, or other costs associated with the of20 fices of United States Senator or United States Representa21 tive under section 4(d) of the District of Columbia State22 hood Constitutional Convention Initiatives of 1979 (D.C.

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

24 SEC. 317. None of the funds appropriated under this

25 Act shall be expended for any abortion except where the life
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HR 2765 EAS

1 of the mother would be endangered if the fetus were carried

2 to term or where the pregnancy is the result of an act of

3 rape or incest.

4 SEC. 318. None of the Federal funds made available

5 in this Act may be used to implement or enforce the Health

6 Care Benefits Expansion Act of 1992 (D.C. Law 9–114;

7 D.C. Official Code, sec. 32–701 et seq.) or to otherwise im8 plement or enforce any system of registration of unmarried,

9 cohabiting couples, including but not limited to registration

10 for the purpose of extending employment, health, or govern11 mental benefits to such couples on the same basis that such

12 benefits are extended to legally married couples.

13 SEC. 319. (a) Notwithstanding any other provision of

14 this Act, the Mayor, in consultation with the Chief Finan15 cial Officer of the District of Columbia may accept, obligate,

16 and expend Federal, private, and other grants received by

17 the District government that are not reflected in the

18 amounts appropriated in this Act.

19 (b) No such Federal, private, or other grant may be

20 accepted, obligated, or expended pursuant to subsection (a)

21 until—

22 (1) the Chief Financial Officer of the District of

23 Columbia submits to the Council a report setting

24 forth detailed information regarding such grant; and
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HR 2765 EAS

1 (2) the Council within 15 calendar days after re2 ceipt of the report submitted under paragraph (1) has

3 reviewed and approved the acceptance, obligation,

4 and expenditure of such grant.

5 (c) No amount may be obligated or expended from the

6 general fund or other funds of the District of Columbia gov7 ernment in anticipation of the approval or receipt of a

8 grant under subsection (b)(2) or in anticipation of the ap9 proval or receipt of a Federal, private, or other grant not

10 subject to such subsection.

11 (d) The Chief Financial Officer of the District of Co12 lumbia shall prepare a quarterly report setting forth de13 tailed information regarding all Federal, private, and other

14 grants subject to this section. Each such report shall be sub15 mitted to the Council of the District of Columbia and to

16 the Committees on Appropriations of the House of Rep17 resentatives and Senate not later than 15 days after the

18 end of the quarter covered by the report.

19 SEC. 320. (a) Except as otherwise provided in this sec20 tion, none of the funds made available by this Act or by

21 any other Act may be used to provide any officer or em22 ployee of the District of Columbia with an official vehicle

23 unless the officer or employee uses the vehicle only in the

24 performance of the officer’s or employee’s official duties. For

25 purposes of this paragraph, the term ‘‘official duties’’ does
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HR 2765 EAS

1 not include travel between the officer’s or employee’s resi2 dence and workplace, except in the case of—

3 (1) an officer or employee of the Metropolitan

4 Police Department who resides in the District of Co5 lumbia or is otherwise designated by the Chief of the

6 Department;

7 (2) at the discretion of the Fire Chief, an officer

8 or employee of the District of Columbia Fire and

9 Emergency Medical Services Department who resides

10 in the District of Columbia and is on call 24 hours

11 a day;

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

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

14 of Columbia.

15 (b) The Chief Financial Officer of the District of Co16 lumbia shall submit by March 1, 2004 an inventory, as of

17 September 30, 2003, of all vehicles owned, leased or operated

18 by the District of Columbia government. The inventory

19 shall include, but not be limited to, the department to which

20 the vehicle is assigned; the year and make of the vehicle;

21 the acquisition date and cost; the general condition of the

22 vehicle; annual operating and maintenance costs; current

23 mileage; and whether the vehicle is allowed to be taken home

24 by a District officer or employee and if so, the officer or

25 employee’s title and resident location.
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HR 2765 EAS

1 SEC. 321. No officer or employee of the District of Co2 lumbia government (including any independent agency of

3 the District of Columbia, but excluding the Office of the

4 Chief Technology Officer, the Office of the Chief Financial

5 Officer of the District of Columbia, and the Metropolitan

6 Police Department) may enter into an agreement in excess

7 of $2,500 for the procurement of goods or services on behalf

8 of any entity of the District government until the officer

9 or employee has conducted an analysis of how the procure10 ment of the goods and services involved under the applicable

11 regulations and procedures of the District government

12 would differ from the procurement of the goods and services

13 involved under the Federal supply schedule and other appli14 cable regulations and procedures of the General Services Ad15 ministration, including an analysis of any differences in

16 the costs to be incurred and the time required to obtain the

17 goods or services.

18 SEC. 322. None of the funds contained in this Act may

19 be used for purposes of the annual independent audit of

20 the District of Columbia government for fiscal year 2004

21 unless—

22 (1) the audit is conducted by the Inspector Gen23 eral of the District of Columbia, in coordination with

24 the Chief Financial Officer of the District of Colum25 bia, pursuant to section 208(a)(4) of the District of
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HR 2765 EAS

1 Columbia Procurement Practices Act of 1985 (D.C.

2 Official Code, sec. 2–302.8); and

3 (2) the audit includes as a basic financial state4 ment a comparison of audited actual year-end results

5 with the revenues submitted in the budget document

6 for such year and the appropriations enacted into law

7 for such year using the format, terminology, and clas8 sifications contained in the law making the appro9 priations for the year and its legislative history.

10 SEC. 323. (a) None of the funds contained in this Act

11 may be used by the District of Columbia Corporation Coun12 sel or any other officer or entity of the District government

13 to provide assistance for any petition drive or civil action

14 which seeks to require Congress to provide for voting rep15 resentation in Congress for the District of Columbia.

16 (b) Nothing in this section bars the District of Colum17 bia Corporation Counsel from reviewing or commenting on

18 briefs in private lawsuits, or from consulting with officials

19 of the District government regarding such lawsuits.

20 SEC. 324. (a) None of the Federal funds contained in

21 this Act may be used for any program of distributing sterile

22 needles or syringes for the hypodermic injection of any ille23 gal drug.

24 (b) Any individual or entity who receives any funds

25 contained in this Act and who carries out any program
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1 described in subsection (a) shall account for all funds used

2 for such program separately from any funds contained in

3 this Act.

4 SEC. 325. None of the funds contained in this Act may

5 be used after the expiration of the 60-day period that begins

6 on the date of the enactment of this Act to pay the salary

7 of any chief financial officer of any office of the District

8 of Columbia government (including any independent agen9 cy of the District of Columbia) who has not filed a certifi10 cation with the Mayor and the Chief Financial Officer of

11 the District of Columbia that the officer understands the

12 duties and restrictions applicable to the officer and the offi13 cer’s agency as a result of this Act (and the amendments

14 made by this Act), including any duty to prepare a report

15 requested either in the Act or in any of the reports accom16 panying the Act and the deadline by which each report

17 must be submitted. The Chief Financial Officer of the Dis18 trict of Columbia shall provide to the Committees on Appro19 priations of the House of Representatives and Senate by

20 the 10th day after the end of each quarter a summary list

21 showing each report, the due date, and the date submitted

22 to the Committees.

23 SEC. 326. (a) None of the funds contained in this Act

24 may be used to enact or carry out any law, rule, or regula25 tion to legalize or otherwise reduce penalties associated with
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1 the possession, use, or distribution of any schedule I sub2 stance under the Controlled Substances Act (21 U.S.C. 802)

3 or any tetrahydrocannabinols derivative.

4 (b) The Legalization of Marijuana for Medical Treat5 ment Initiative of 1998, also known as Initiative 59, ap6 proved by the electors of the District of Columbia on Novem7 ber 3, 1998, shall not take effect.

8 SEC. 327. Nothing in this Act may be construed to pre9 vent the Council or Mayor of the District of Columbia from

10 addressing the issue of the provision of contraceptive cov11 erage by health insurance plans, but it is the intent of Con12 gress that any legislation enacted on such issue should in13 clude a ‘‘conscience clause’’ which provides exceptions for

14 religious beliefs and moral convictions.

15 SEC. 328. (a) If the Superior Court of the District of

16 Columbia or the District of Columbia Court of Appeals does

17 not make a payment described in subsection (b) prior to

18 the expiration of the 45-day period which begins on the date

19 the Court receives a completed voucher for a claim for the

20 payment, interest shall be assessed against the amount of

21 the payment which would otherwise be made to take into

22 account the period which begins on the day after the expira23 tion of such 45-day period and which ends on the day the

24 Court makes the payment.

25 (b) A payment described in this subsection is—
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1 (1) a payment authorized under section 11–2604

2 and section 11–2605, D.C. Official Code (relating to

3 representation provided under the District of Colum4 bia Criminal Justice Act);

5 (2) a payment for counsel appointed in pro6 ceedings in the Family Court of the Superior Court

7 of the District of Columbia under chapter 23 of title

8 16, D.C. Official Code; or

9 (3) a payment for counsel authorized under sec10 tion 21–2060, D.C. Official Code (relating to rep11 resentation provided under the District of Columbia

12 Guardianship, Protective Proceedings, and Durable

13 Power of Attorney Act of 1986).

14 (c) The chief judges of the Superior Court of the Dis15 trict of Columbia and the District of Columbia Court of

16 Appeals shall establish standards and criteria for deter17 mining whether vouchers submitted for claims for payments

18 described in subsection (b) are complete, and shall publish

19 and make such standards and criteria available to attor20 neys who practice before such Courts.

21 (d) Nothing in this section shall be construed to require

22 the assessment of interest against any claim (or portion of

23 any claim) which is denied by the Court involved.

24 (e) This section shall apply with respect to claims re25 ceived by the Superior Court of the District of Columbia
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1 or the District of Columbia Court of Appeals during fiscal

2 year 2003 and any subsequent fiscal year.

3 SEC. 329. The Mayor of the District of Columbia shall

4 submit to the Committees on Appropriations of the House

5 of Representatives and Senate, the Committee on Govern6 ment Reform of the House of Representatives, and the Com7 mittee on Governmental Affairs of the Senate quarterly re8 ports addressing the following issues—

9 (1) crime, including the homicide rate, imple10 mentation of community policing, the number of po11 lice officers on local beats, and the closing down of

12 open-air drug markets;

13 (2) access to substance and alcohol abuse treat14 ment, including the number of treatment slots, the

15 number of people served, the number of people on

16 waiting lists, and the effectiveness of treatment pro17 grams;

18 (3) management of parolees and pre-trial violent

19 offenders, including the number of halfway house es20 capes and steps taken to improve monitoring and su21 pervision of halfway house residents to reduce the

22 number of escapes to be provided in consultation with

23 the Court Services and Offender Supervision Agency

24 for the District of Columbia;
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1 (4) education, including access to special edu2 cation services and student achievement to be pro3 vided in consultation with the District of Columbia

4 Public Schools and the District of Columbia public

5 charter schools;

6 (5) improvement in basic District services, in7 cluding rat control and abatement;

8 (6) application for and management of Federal

9 grants, including the number and type of grants for

10 which the District was eligible but failed to apply

11 and the number and type of grants awarded to the

12 District but for which the District failed to spend the

13 amounts received; and

14 (7) indicators of child well-being.

15 SEC. 330. No later than 30 calendar days after the

16 date of the enactment of this Act, the Chief Financial Offi17 cer of the District of Columbia shall submit to the appro18 priate committees of Congress, the Mayor, and the Council

19 of the District of Columbia a revised appropriated funds

20 operating budget in the format of the budget that the Dis21 trict of Columbia government submitted pursuant to section

22 442 of the District of Columbia Home Rule Act (D.C. Offi23 cial Code, sec. 1–204.42), for all agencies of the District of

24 Columbia government for fiscal year 2004 that is in the

25 total amount of the approved appropriation and that re-
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1 aligns all budgeted data for personal services and other2 than-personal-services, respectively, with anticipated actual

3 expenditures.

4 SEC. 331. None of the funds contained in this Act may

5 be used to issue, administer, or enforce any order by the

6 District of Columbia Commission on Human Rights relat7 ing to docket numbers 93–030–(PA) and 93–031–(PA).

8 SEC. 332. None of the Federal funds made available

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

10 or instrumentality of the United States Government, except

11 pursuant to a transfer made by, or transfer authority pro12 vided in, this Act or any other appropriation Act.

13 SEC. 333. In addition to any other authority to pay

14 claims and judgments, any department, agency, or instru15 mentality of the District government may pay the settle16 ment or judgment of a claim or lawsuit in an amount less

17 than $10,000, in accordance with the Risk Management for

18 Settlements and Judgments Amendment Act of 2000 (D.C.

19 Law 13–172; D.C. Official Code, sec. 2–402).

20 SEC. 334. All funds from the Crime Victims Com21 pensation Fund, established pursuant to section 16 of the

22 Victims of Violent Crime Compensation Act of 1996 (D.C.

23 Law 11–243; D.C. Official Code, sec. 4–514) (‘‘Compensa24 tion Act’’), that are designated for outreach activities pur25 suant to section 16(d)(2) of the Compensation Act shall be
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1 deposited in the Crime Victims Assistance Fund, established

2 pursuant to section 16a of the Compensation Act, for the

3 purpose of outreach activities, and shall remain available

4 until expended.

5 SEC. 335. Notwithstanding any other law, the District

6 of Columbia Courts shall transfer to the general treasury

7 of the District of Columbia all fines levied and collected by

8 the Courts in cases charging Driving Under the Influence

9 and Driving While Impaired. The transferred funds shall

10 remain available until expended and shall be used by the

11 Office of the Corporation Counsel for enforcement and pros12 ecution of District traffic alcohol laws in accordance with

13 section 10(b)(3) of the District of Columbia Traffic Control

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

15 SEC. 336. From the local funds appropriated under

16 this Act, any agency of the District government may trans17 fer to the Office of Labor Relations and Collective Bar18 gaining (OLRCB) such amounts as may be necessary to

19 pay for representation by OLRCB in third-party cases,

20 grievances, and dispute resolution, pursuant to an intra21 District agreement with OLRCB. These amounts shall be

22 available for use by OLRCB to reimburse the cost of pro23 viding the representation.

24 SEC. 337. None of the funds contained in this Act may

25 be made available to pay—
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1 (1) the fees of an attorney who represents a

2 party in an action or an attorney who defends any

3 action, including an administrative proceeding,

4 brought against the District of Columbia Public

5 Schools under the Individuals with Disabilities Edu6 cation Act (20 U.S.C. 1400 et seq.) in excess of $4,000

7 for that action; or

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

9 Chief Financial Officer of the District of Columbia

10 determines to have a pecuniary interest, either

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

12 in any special education diagnostic services, schools,

13 or other special education service providers.

14 SEC. 338. The Chief Financial Officer of the District

15 of Columbia shall require attorneys in special education

16 cases brought under the Individuals with Disabilities Act

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

18 that the attorney or representative rendered any and all

19 services for which they receive awards, including those re20 ceived under a settlement agreement or as part of an ad21 ministrative proceeding, under the IDEA from the District

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

23 the Chief Financial Officer of the District of Columbia re24 quire all attorneys in IDEA cases to disclose any financial,

25 corporate, legal, memberships on boards of directors, or
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1 other relationships with any special education diagnostic

2 services, schools, or other special education service providers

3 to which the attorneys have referred any clients as part of

4 this certification: Provided further, That the Chief Finan5 cial Officer shall prepare and submit quarterly reports to

6 the Committees on Appropriations of the Senate and the

7 House of Representatives on the certification of and the

8 amount paid by the government of the District of Columbia,

9 including the District of Columbia Public Schools, to attor10 neys in cases brought under IDEA: Provided further, That

11 the Inspector General of the District of Columbia may con12 duct investigations to determine the accuracy of the certifi13 cations.

14 SEC. 339. Chapter 3 of title 16, District of Columbia

15 Code, is amended by inserting at the end the following new

16 section:

17 ‘‘SEC. 16–316. APPOINTMENT AND COMPENSATION OF

18 COUNSEL; GUARDIAN AD LITEM.

19 ‘‘(a) When a petition for adoption has been filed and

20 there has been no termination or relinquishment of parental

21 rights with respect to the proposed adoptee or consent to

22 the proposed adoption by a parent or guardian whose con23 sent is required under D.C. Code section 16–304, the Court

24 may appoint an attorney to represent such parent or
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1 guardian in the adoption proceeding if the individual is

2 financially unable to obtain adequate representation.

3 ‘‘(b) The Court may appoint a guardian ad litem who

4 is an attorney to represent the child in an adoption pro5 ceeding. The guardian ad litem shall in general be charged

6 with the representation of the child’s best interest.

7 ‘‘(c) An attorney appointed pursuant to subsection (a)

8 or (b) of this section shall be compensated in accordance

9 with D.C. Code section 16–2326.01, except that compensa10 tion in the adoption case shall be subject to the limitation

11 set forth in D.C. Code section 16–2326.01(b)(2).’’.

12 The table of sections for chapter 3 of title 16, District

13 of Columbia Code, is amended by inserting at the end the

14 following new item:

‘‘Sec. 16–316. Appointment and compensation of counsel; guardian ad litem.’’.

15 SEC. 340. (a) The amount appropriated by this Act

16 as Other Type Funds may be increased no more than 25

17 percent to an account for unanticipated growth in revenue

18 collections.

19 (b) CONDITIONS OF USE.—The District of Columbia

20 may obligate or expend these amounts only in accordance

21 with the following conditions:

22 (1) CERTIFICATION BY THE CHIEF FINANCIAL

23 OFFICER.—The Chief Financial Officer of the District

24 of Columbia shall certify that anticipated revenue col-
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1 lections support an increase in Other Type authority

2 in the amount request.

3 (2) NOTICE REQUIREMENT.—The amounts may

4 be obligated or expended only if the Mayor notifies the

5 Committees on Appropriations of the House of Rep6 resentatives and the Senate in writing 30 days in ad7 vance of any obligation or expenditure.

8 SEC. 341. (a) The amount appropriated by this Act

9 may be increased by no more than $15,000,000 from funds

10 identified in the comprehensive annual financial report as

11 the District’s fund balance.

12 (b) CONDITIONS ON USE.—The District of Columbia

13 may obligate or expend these amounts only in accordance

14 with the following conditions:

15 (1) CERTIFICATION BY THE CHIEF FINANCIAL

16 OFFICER.—The Chief Financial Officer of the District

17 of Columbia shall certify that the use of any such

18 amounts is not anticipated to have a negative impact

19 on the District of Columbia’s long-term financial, fis20 cal, and economic vitality.

21 (2) PURPOSE.—The District of Columbia may

22 only use these funds for the following expenditures:

23 (A) Unanticipated one-time expenditures;

24 (B) To address potential deficits;

25 (C) Debt reduction;
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1 (D) Unanticipated program needs; or

2 (E) To cover revenue shortfalls.

3 (3) LOCAL LAW.—The amounts shall be obligated

4 or expended in accordance with laws enacted by the

5 Council in support of each such obligation or expendi6 ture.

7 (4) RECEIVERSHIP.—The amounts may not be

8 used to fund the agencies of the District of Columbia

9 government under court-ordered receivership.

10 (5) NOTICE REQUIREMENT.—The amounts may

11 be obligated or expended only if the Mayor notifies the

12 Committees on Appropriations of the House of Rep13 resentatives and the Senate in writing 30 days in ad14 vance of any obligation or expenditure.

15 (6) AVAILABILITY OF FUNDS.—Funds made

16 available pursuant to this section shall remain avail17 able until expended.

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

19 Appropriations Act, 2004’’.

Attest:

Secretary.
108TH CONGRESS

1ST SESSION H. R. 2765

AMENDMENT