IB 

108TH CONGRESS 

1ST SESSION H. R. 2765

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 18, 2003

Ordered to be printed with the amendment of the Senate 

[Strike out all after the enacting clause and insert the part printed in italic] 

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.

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 

5 District of Columbia for the fiscal year ending September 

6 30, 2004, and for other purposes, namely:

7 TITLE I—FEDERAL FUNDS 

8 FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

9 For a Federal payment to the District of Columbia, 

10 to be deposited into a dedicated account, for a nationwide 
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1 program to be administered by the Mayor, for District of 

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

3 available until expended: Provided, That such funds, in4 cluding any interest accrued thereon, may be used on be5 half of eligible District of Columbia residents to pay an 

6 amount based upon the difference between in-State and 

7 out-of-State tuition at public institutions of higher edu8 cation, or to pay up to $2,500 each year at eligible private 

9 institutions of higher education: Provided further, That the 

10 awarding of such funds may be prioritized on the basis 

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

12 eligible students and such other factors as may be author13 ized: Provided further, That the District of Columbia gov14 ernment shall maintain a dedicated account for the Resi15 dent Tuition Support Program that shall consist of the 

16 Federal funds appropriated to the Program in this Act 

17 and any subsequent appropriations, any unobligated bal18 ances from prior fiscal years, and any interest earned in 

19 this or any fiscal year: Provided further, That the account 

20 shall be under the control of the District of Columbia 

21 Chief Financial Officer who shall use those funds solely 

22 for the purposes of carrying out the Resident Tuition Sup23 port Program: Provided further, That the Office of the 

24 Chief Financial Officer shall provide a quarterly financial 

25 report to the Committees on Appropriations of the House 
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1 of Representatives and Senate for these funds showing, 

2 by object class, the expenditures made and the purpose 

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

4 of the total amount appropriated for this program may 

5 be used for administrative expenses. 

6 FEDERAL PAYMENT FOR EMERGENCY PLANNING AND

7 SECURITY COSTS IN THE DISTRICT OF COLUMBIA

8 For necessary expenses, as determined by the Mayor 

9 of the District of Columbia in written consultation with 

10 the elected county or city officials of surrounding jurisdic11 tions, $15,000,000, to remain available until expended, to 

12 reimburse the District of Columbia for the costs of pro13 viding public safety at events related to the presence of 

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

15 the costs of providing support to respond to immediate 

16 and specific terrorist threats or attacks in the District of 

17 Columbia or surrounding jurisdictions: Provided, That any 

18 amount provided under this heading shall be available only 

19 after notice of its proposed use has been transmitted by 

20 the President to Congress and such amount has been ap21 portioned pursuant to chapter 15 of title 31, United 

22 States Code. 
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1 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

2 COURTS

3 For salaries and expenses for the District of Colum4 bia Courts, $163,819,000, to be allocated as follows: for 

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

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

7 representation expenses; for the District of Columbia Su8 perior Court, $83,387,000, of which not to exceed $1,500 

9 is for official reception and representation expenses; for 

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

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

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

13 available until September 30, 2005, for capital improve14 ments for District of Columbia courthouse facilities: Pro15 vided, That funds made available for capital improvements 

16 shall be expended consistent with the General Services Ad17 ministration master plan study and building evaluation re18 port: Provided further, That notwithstanding any other 

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

20 apportioned quarterly by the Office of Management and 

21 Budget and obligated and expended in the same manner 

22 as funds appropriated for salaries and expenses of other 

23 Federal agencies, with payroll and financial services to be 

24 provided on a contractual basis with the General Services 

25 Administration (GSA), said services to include the prepa-
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1 ration of monthly financial reports, copies of which shall 

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

3 Committees on Appropriations of the House of Represent4 atives and Senate, the Committee on Government Reform 

5 of the House of Representatives, and the Committee on 

6 Governmental Affairs of the Senate: Provided further,

7 That 30 days after providing written notice to the Com8 mittees on Appropriations of the House of Representatives 

9 and Senate, the District of Columbia Courts may reallo10 cate funds provided under this heading for the Court of 

11 Appeals, District of Columbia Superior Court, and the 

12 District of Columbia Court System: Provided further, That 

13 such reallocation may increase or decrease funding for 

14 such entity by no more than 2 percent. 

15 DEFENDER SERVICES IN DISTRICT OF COLUMBIA

16 COURTS

17 For payments authorized under section 11–2604 and 

18 section 11–2605, D.C. Official Code (relating to represen19 tation provided under the District of Columbia Criminal 

20 Justice Act), payments for counsel appointed in pro21 ceedings in the Family Court of the Superior Court of the 

22 District of Columbia under chapter 23 of title 16, D.C. 

23 Official Code, and payments for counsel authorized under 

24 section 21–2060, D.C. Official Code (relating to represen25 tation provided under the District of Columbia Guardian-
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1 ship, Protective Proceedings, and Durable Power of Attor2 ney Act of 1986), $32,000,000, to remain available until 

3 expended: Provided further, That the funds provided in 

4 this Act under the heading ‘‘Federal Payment to the Dis5 trict of Columbia Courts’’ (other than the $31,651,000 

6 provided under such heading for capital improvements for 

7 District of Columbia courthouse facilities) may also be 

8 used for payments under this heading: Provided further,

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

10 the Joint Committee on Judicial Administration in the 

11 District of Columbia shall use funds provided in this Act 

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

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

14 under such heading for capital improvements for District 

15 of Columbia courthouse facilities), to make payments de16 scribed under this heading for obligations incurred during 

17 any fiscal year: Provided further, That funds provided 

18 under this heading shall be administered by the Joint 

19 Committee on Judicial Administration in the District of 

20 Columbia: Provided further, That notwithstanding any 

21 other provision of law, this appropriation shall be appor22 tioned quarterly by the Office of Management and Budget 

23 and obligated and expended in the same manner as funds 

24 appropriated for expenses of other Federal agencies, with 

25 payroll and financial services to be provided on a contrac-
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1 tual basis with the General Services Administration 

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

3 financial reports, copies of which shall be submitted di4 rectly by GSA to the President and to the Committees 

5 on Appropriations of the House of Representatives and 

6 Senate, the Committee on Government Reform of the 

7 House of Representatives, and the Committee on Govern8 mental Affairs of the Senate. 

9 FEDERAL PAYMENT TO THE COURT SERVICES AND OF10 FENDER SUPERVISION AGENCY FOR THE DISTRICT

11 OF COLUMBIA

12 (INCLUDING TRANSFER OF FUNDS)

13 For salaries and expenses, including the transfer and 

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

15 Supervision Agency for the District of Columbia, as au16 thorized by the National Capital Revitalization and Self17 Government Improvement Act of 1997, $163,081,000, of 

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

19 representation expenses related to Community Supervision 

20 and Pretrial Services Agency programs; of which not to 

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

22 the implementation of the Court Services and Offender 

23 Supervision Agency Interstate Supervision Act of 2002; 

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

25 Community Supervision and Sex Offender Registration, to 
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1 include expenses relating to the supervision of adults sub2 ject to protection orders or the provision of services for 

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

4 available to the Pretrial Services Agency; and of which 

5 $25,210,000 shall be transferred to the Public Defender 

6 Service for the District of Columbia: Provided, That not7 withstanding any other provision of law, all amounts 

8 under this heading shall be apportioned quarterly by the 

9 Office of Management and Budget and obligated and ex10 pended in the same manner as funds appropriated for sal11 aries and expenses of other Federal agencies: Provided fur12 ther, That notwithstanding chapter 33 of title 40, United 

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

14 condemnation, or donation, and renovate as necessary, 

15 Building Number 17, 1900 Massachusetts Avenue, South16 east, Washington, District of Columbia to house or super17 vise offenders and defendants, with funds made available 

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

19 That the Director is authorized to accept and use gifts 

20 in the form of in-kind contributions of space and hospi21 tality to support offender and defendant programs, and 

22 equipment and vocational training services to educate and 

23 train offenders and defendants: Provided further, That the 

24 Director shall keep accurate and detailed records of the 

25 acceptance and use of any gift or donation under the pre-
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1 vious proviso, and shall make such records available for 

2 audit and public inspection. 

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, $35,000,000, to remain avail7 able until expended, to continue implementation of the 

8 Combined Sewer Overflow Long-Term Plan: Provided,

9 That the District of Columbia Water and Sewer Authority 

10 provides a 100 percent match for this payment. 

11 FEDERAL PAYMENT FOR THE ANACOSTIA WATERFRONT

12 INITIATIVE

13 For a Federal payment to the District of Columbia 

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

15 available until September 30, 2005, for design and con16 struction of a continuous pedestrian and bicycle trail sys17 tem from the Potomac River to the District’s border with 

18 Maryland. 

19 FEDERAL PAYMENT TO THE CRIMINAL JUSTICE

20 COORDINATING COUNCIL

21 For a Federal payment to the Criminal Justice Co22 ordinating Council, $1,300,000, to support initiatives re23 lated to the coordination of Federal and local criminal jus24 tice resources in the District of Columbia. 
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1 FEDERAL PAYMENT FOR CAPITAL DEVELOPMENT IN

2 THE DISTRICT OF COLUMBIA

3 For a Federal payment to the District of Columbia 

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

5 until expended, for the Unified Communications Center. 

6 FEDERAL PAYMENT FOR PUBLIC SCHOOL FACILITIES

7 For a Federal payment to the District of Columbia 

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

9 for a window repair and reglazing program and 

10 $4,000,000 shall be for a playground repair and replace11 ment program. 

12 FEDERAL PAYMENT FOR THE FAMILY LITERACY

13 PROGRAM

14 For a Federal payment to the District of Columbia, 

15 $2,000,000 for the Family Literacy Program to address 

16 the needs of literacy-challenged parents while endowing 

17 their children with an appreciation for literacy and 

18 strengthening familial ties: Provided, That the District of 

19 Columbia shall provide a 100 percent match with local 

20 funds as a condition of receiving this payment. 

21 FEDERAL PAYMENT FOR A DISTRICT OF COLUMBIA

22 SCHOLARSHIP PROGRAM

23 For a Federal payment for a District of Columbia 

24 scholarship program, $10,000,000, subject to authoriza25 tion. 
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1 FEDERAL PAYMENT TO THE CHIEF FINANCIAL OFFICER

2 OF THE DISTRICT OF COLUMBIA

3 For a Federal payment to the Chief Financial Officer 

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

5 public safety and health, economic development, and infra6 structure initiatives in the District of Columbia. 

7 TITLE II—DISTRICT OF COLUMBIA FUNDS 

8 OPERATING EXPENSES 

9 DIVISION OF EXPENSES

10 The following amounts are appropriated for the Dis11 trict of Columbia for the current fiscal year out of the 

12 general fund of the District of Columbia, except as other13 wise specifically provided: Provided, That notwithstanding 

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

15 450A of the District of Columbia Home Rule Act (D.C. 

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

17 the total amount appropriated in this Act for operating 

18 expenses for the District of Columbia for fiscal year 2004 

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

20 of the total revenues of the District of Columbia for such 

21 fiscal year or $6,326,138,000 (of which $3,832,734,000 

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

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

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

25 addition, $59,800,000 from funds previously appropriated 
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1 in this Act as Federal payments: Provided further, That 

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

3 transactions, which are expended for emergency or unan4 ticipated operating or capital needs: Provided further,

5 That such increases shall be approved by enactment of 

6 local District law and shall comply with all reserve require7 ments contained in the District of Columbia Home Rule 

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

9 Chief Financial Officer of the District of Columbia shall 

10 take such steps as are necessary to assure that the Dis11 trict of Columbia meets these requirements, including the 

12 apportioning by the Chief Financial Officer of the appro13 priations and funds made available to the District during 

14 fiscal year 2004, except that the Chief Financial Officer 

15 may not reprogram for operating expenses any funds de16 rived from bonds, notes, or other obligations issued for 

17 capital projects. 

18 GOVERNMENTAL DIRECTION AND SUPPORT

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

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

21 from Federal grant funds, and $20,150,000 from other 

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

23 appropriated in this Act under the heading ‘‘Federal Pay24 ment to the Chief Financial Officer of the District of Co25 lumbia’’: Provided, That not to exceed $2,500 for the 
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1 Mayor, $2,500 for the Chairman of the Council of the Dis2 trict of Columbia, $2,500 for the City Administrator, and 

3 $2,500 for the Office of the Chief Financial Officer shall 

4 be available from this appropriation for official purposes: 

5 Provided further, That any program fees collected from the 

6 issuance of debt shall be available for the payment of ex7 penses of the debt management program of the District 

8 of Columbia: Provided further, That no revenues from 

9 Federal sources shall be used to support the operations 

10 or activities of the Statehood Commission and Statehood 

11 Compact Commission: Provided further, That the District 

12 of Columbia shall identify the sources of funding for Ad13 mission to Statehood from its own locally generated reve14 nues: Provided further, That notwithstanding any other 

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

16 18, 1986, the Office of the Chief Technology Officer’s del17 egated small purchase authority shall be $500,000: Pro18 vided further, That the District of Columbia government 

19 may not require the Office of the Chief Technology Officer 

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

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

22 any official or employee of the District of Columbia gov23 ernment, for purchases that do not exceed $500,000: Pro24 vided further, That not to exceed $25,000, to remain avail25 able until expended, of the funds in the District of Colum-
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1 bia Antitrust Fund established pursuant to section 820 

2 of the District of Columbia Procurement Practices Act of 

3 1985 (D.C. Law 6–85; D.C. Official Code, sec. 2–308.20) 

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

5 Corporation Counsel of the District of Columbia in accord6 ance with the laws establishing this fund. 

7 ECONOMIC DEVELOPMENT AND REGULATION

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

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

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

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

12 $15,000,000 collected by the District of Columbia in the 

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

14 BIDs pursuant to the Business Improvement Districts Act 

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

16 1215.01 et seq.), and the Business Improvement Districts 

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

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

19 are available for acquiring services provided by the Gen20 eral Services Administration: Provided further, That Busi21 ness Improvement Districts shall be exempt from taxes 

22 levied by the District of Columbia. 

23 PUBLIC SAFETY AND JUSTICE

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

25 $716,715,000 from local funds, $10,290,000 from Federal 
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1 grant funds, $18,944,000 from other funds, and $9,000 

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

3 previously appropriated in this Act under the heading 

4 ‘‘Federal Payment to the Criminal Justice Coordinating 

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

6 available from this appropriation for the Chief of Police 

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

8 That the Mayor shall reimburse the District of Columbia 

9 National Guard for expenses incurred in connection with 

10 services that are performed in emergencies by the National 

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

12 in amounts that shall be jointly determined and certified 

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

14 the Commanding General of the District of Columbia Na15 tional Guard: Provided further, That such sums as may 

16 be necessary for reimbursement to the District of Colum17 bia National Guard under the preceding proviso shall be 

18 available from this appropriation, and the availability of 

19 the sums shall be deemed as constituting payment in ad20 vance for emergency services involved. 

21 PUBLIC EDUCATION SYSTEM

22 (INCLUDING TRANSFERS OF FUNDS)

23 Public education system, including the development 

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

25 (including $962,941,000 from local funds, $156,708,000 
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1 from Federal grant funds, $27,074,000 from other funds, 

2 $4,302,000 from private funds, and not to exceed 

3 $6,816,000, to remain available until expended, from the 

4 Medicaid and Special Education Reform Fund established 

5 pursuant to the Medicaid and Special Education Reform 

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

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

8 from funds previously appropriated in this Act under the 

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

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

11 Act under the heading ‘‘Federal Payment for Public 

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

13 (1) DISTRICT OF COLUMBIA PUBLIC

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

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

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

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

18 remain available until expended, from the Medicaid 

19 and Special Education Reform Fund established 

20 pursuant to the Medicaid and Special Education Re21 form Fund Establishment Act of 2002 (D.C. Law 

22 14–190; D.C. Official Code 4–204.51 et seq.)), in 

23 addition, $4,500,000 from funds previously appro24 priated in this Act under the heading ‘‘Federal Pay25 ment for Public School Facilities’’ shall be available 
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1 for District of Columbia Public Schools: Provided, 

2 That notwithstanding any other provision of law, 

3 rule, or regulation, the evaluation process and in4 struments for evaluating District of Columbia Public 

5 School employees shall be a non-negotiable item for 

6 collective bargaining purposes: Provided further,

7 That this appropriation shall not be available to sub8 sidize the education of any nonresident of the Dis9 trict of Columbia at any District of Columbia public 

10 elementary or secondary school during fiscal year 

11 2004 unless the nonresident pays tuition to the Dis12 trict of Columbia at a rate that covers 100 percent 

13 of the costs incurred by the District of Columbia 

14 that are attributable to the education of the non15 resident (as established by the Superintendent of the 

16 District of Columbia Public Schools): Provided fur17 ther, That notwithstanding the amounts otherwise 

18 provided under this heading or any other provision 

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

20 Columbia Public Schools on July 1, 2004, an 

21 amount equal to 10 percent of the total amount pro22 vided for the District of Columbia Public Schools in 

23 the proposed budget of the District of Columbia for 

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

25 amount of such payment shall be chargeable against 
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1 the final amount provided for the District of Colum2 bia Public Schools under the District of Columbia 

3 Appropriations Act, 2005: Provided further, That 

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

5 Schools shall be available from this appropriation for 

6 official purposes: Provided further, That the District 

7 of Columbia Public Schools shall submit to the 

8 Board of Education by January 1 and July 1 of 

9 each year a Schedule A showing all the current 

10 funded positions of the District of Columbia Public 

11 Schools, their compensation levels, and indicating 

12 whether the positions are encumbered: Provided fur13 ther, That the Board of Education shall approve or 

14 disapprove each Schedule A within 30 days of its 

15 submission and provide the Council of the District 

16 of Columbia a copy of the Schedule A upon its ap17 proval. 

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

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

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

21 funds), in addition, $17,000,000 from funds pre22 viously appropriated in this Act under the heading 

23 ‘‘Federal Payment for Resident Tuition Support’’ 

24 shall be available for the State Education Office: 

25 Provided, That of the amounts provided to the State 
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1 Education Office, $500,000 from local funds shall 

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

3 the student enrollment of each District of Columbia 

4 Public School and of each District of Columbia pub5 lic charter school. 

6 (3) DISTRICT OF COLUMBIA PUBLIC CHARTER

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

8 available for District of Columbia a public charter 

9 schools: Provided, That there shall be quarterly dis10 bursement of funds to the District of Columbia pub11 lic charter schools, with the first payment to occur 

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

13 Provided further, That if the entirety of this alloca14 tion has not been provided as payments to any pub15 lic charter schools currently in operation through the 

16 per pupil funding formula, the funds shall be avail17 able as follows: (A) the first $3,000,000 shall be de18 posited in the Credit Enhancement Revolving Fund 

19 established pursuant to section 603(e) of the Stu20 dent Loan Marketing Association Reorganization 

21 Act of 1996 (Public Law 104–208; 110 Stat. 3009; 

22 20 U.S.C. 1155(e)); and (B) the balance shall be for 

23 public education in accordance with section 

24 2403(b)(2) of the District of Columbia School Re25 form Act of 1995 (D.C. Official Code, sec. 38–
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1 1804.03(b)(2)): Provided further, That of the 

2 amounts made available to District of Columbia pub3 lic charter schools, $25,000 shall be made available 

4 to the Office of the Chief Financial Officer as au5 thorized by section 2403(b)(6) of the District of Co6 lumbia School Reform Act of 1995 (D.C. Official 

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

8 $660,000 of this amount shall be available to the 

9 District of Columbia Public Charter School Board 

10 for administrative costs: Provided further, That not11 withstanding the amounts otherwise provided under 

12 this heading or any other provision of law, there 

13 shall be appropriated to the District of Columbia 

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

15 equal to 25 percent of the total amount provided for 

16 payments to public charter schools in the proposed 

17 budget of the District of Columbia for fiscal year 

18 2005 (as submitted to Congress), and the amount of 

19 such payment shall be chargeable against the final 

20 amount provided for such payments under the Dis21 trict of Columbia Appropriations Act, 2005. 

22 (4) UNIVERSITY OF THE DISTRICT OF COLUM23 BIA.—$80,660,000 (including $48,656,000 from 

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

25 $19,434,000 from other funds, and $703,000 from 
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1 private funds) shall be available for the University of 

2 the District of Columbia: Provided, That this appro3 priation shall not be available to subsidize the edu4 cation of nonresidents of the District of Columbia at 

5 the University of the District of Columbia, unless 

6 the Board of Trustees of the University of the Dis7 trict of Columbia adopts, for the fiscal year ending 

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

9 establish the tuition rate for nonresident students at 

10 a level no lower than the nonresident tuition rate 

11 charged at comparable public institutions of higher 

12 education in the metropolitan area: Provided further,

13 That notwithstanding the amounts otherwise pro14 vided under this heading or any other provision of 

15 law, there shall be appropriated to the University of 

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

17 amount equal to 10 percent of the total amount pro18 vided for the University of the District of Columbia 

19 in the proposed budget of the District of Columbia 

20 for fiscal year 2005 (as submitted to Congress), and 

21 the amount of such payment shall be chargeable 

22 against the final amount provided for the University 

23 of the District of Columbia under the District of Co24 lumbia Appropriations Act, 2005: Provided further,

25 That not to exceed $2,500 for the President of the 
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1 University of the District of Columbia shall be avail2 able from this appropriation for official purposes. 

3 (5) DISTRICT OF COLUMBIA PUBLIC LIBRAR4 IES.—$28,287,000 (including $26,750,000 from 

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

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

7 for the District of Columbia Public Libraries: Pro8 vided, That not to exceed $2,000 for the Public Li9 brarian shall be available from this appropriation for 

10 official purposes. 

11 (6) COMMISSION ON THE ARTS AND HUMAN12 ITIES.—$2,476,000 (including $1,601,000 from local 

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

14 $400,000 from other funds) shall be available for 

15 the Commission on the Arts and Humanities. 

16 HUMAN SUPPORT SERVICES

17 (INCLUDING TRANSFER OF FUNDS)

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

19 $1,030,223,000 from local funds, $1,247,945,000 from 

20 Federal grant funds, $24,330,000 from other funds, 

21 $9,330,000 from private funds, and $48,239,000, to re22 main available until expended, from the Medicaid and Spe23 cial Education Reform Fund established pursuant to the 

24 Medicaid and Special Education Reform Fund Establish25 ment Act of 2002 (D.C. Act 14–403)): Provided, That the 
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1 funds available from the Medicaid and Special Education 

2 Reform Fund are allocated as follows: not more than 

3 $18,744,000 for Child and Family Services, not more than 

4 $7,795,000 for the Department of Human Services, and 

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

6 Health: Provided further, That $27,959,000 of this appro7 priation, to remain available until expended, shall be avail8 able solely for District of Columbia employees’ disability 

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

10 appropriation, to remain available until expended, shall be 

11 deposited in the Addiction Recovery Fund, established 

12 pursuant to section 5 of the Choice in Drug Treatment 

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

14 7–3004) and used exclusively for the purpose of the Drug 

15 Treatment Choice Program established pursuant to sec16 tion 4 of the Choice in Drug Treatment Act of 2000 (D.C. 

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

18 further, That no less than $2,000,000 of this appropria19 tion shall be available exclusively for the purpose of fund20 ing the pilot substance abuse program for youth ages 14 

21 through 21 years established pursuant to section 4212 of 

22 the Pilot Substance Abuse Program for Youth Act of 2001 

23 (D.C. Law 14–28; D.C. Official Code, sec. 7–3101): Pro24 vided further, That $4,500,000 of this appropriation, to 

25 remain available until expended, shall be deposited in the 
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1 Interim Disability Assistance Fund established pursuant 

2 to section 201 of the District of Columbia Public Assist3 ance Act of 1982 (D.C. Law 4–101; D.C. Official Code, 

4 sec. 4–202.01), to be used exclusively for the Interim Dis5 ability Assistance program and the purposes for that pro6 gram set forth in section 407 of the District of Columbia 

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

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

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

10 exclusively for the purpose of funding the Burial Assist11 ance Program established by section 1802 of the Burial 

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

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

14 PUBLIC WORKS

15 Public works, including rental of one passenger-car16 rying vehicle for use by the Mayor and three passenger17 carrying vehicles for use by the Council of the District of 

18 Columbia and leasing of passenger-carrying vehicles, 

19 $327,046,000 (including $308,028,000 from local funds, 

20 $5,274,000 from Federal grant funds, and $13,744,000 

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

22 not be available for collecting ashes or miscellaneous 

23 refuse from hotels and places of business. 
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1 CASH RESERVE

2 For the cumulative cash reserve established pursuant 

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

4 Responsibility and Management Assistance Act of 1995 

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

6 from local funds. 

7 EMERGENCY AND CONTINGENCY RESERVE FUNDS

8 For the emergency reserve fund and the contingency 

9 reserve fund under section 450A of the District of Colum10 bia Home Rule Act (D.C. Official Code, sec. 1–204.50a), 

11 such amounts from local funds as are necessary to meet 

12 the balance requirements for such funds under such sec13 tion. 

14 REPAYMENT OF LOANS AND INTEREST

15 For payment of principal, interest, and certain fees 

16 directly resulting from borrowing by the District of Co17 lumbia to fund District of Columbia capital projects as 

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

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

20 204.62, 1–204.75, and 1–204.90), $311,504,000 from 

21 local funds: Provided, That for equipment leases, the 

22 Mayor may finance $14,300,000 of equipment cost, plus 

23 cost of issuance not to exceed 2 percent of the par amount 

24 being financed on a lease purchase basis with a maturity 

25 not to exceed 5 years. 
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1 PAYMENT OF INTEREST ON SHORT-TERM BORROWING

2 For payment of interest on short-term borrowing, 

3 $3,000,000 from local funds. 

4 CERTIFICATES OF PARTICIPATION

5 For principal and interest payments on the District’s 

6 Certificates of Participation, issued to finance the ground 

7 lease underlying the building located at One Judiciary 

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

9 SETTLEMENTS AND JUDGMENTS

10 For making refunds and for the payment of legal set11 tlements or judgments that have been entered against the 

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

13 funds: Provided, That this appropriation shall not be con14 strued as modifying or affecting the provisions of section 

15 103 of this Act. 

16 WILSON BUILDING

17 For expenses associated with the John A. Wilson 

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

19 WORKFORCE INVESTMENTS

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

21 funds, to be transferred by the Mayor of the District of 

22 Columbia within the various appropriation headings in 

23 this Act for which employees are properly payable. 
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1 NON-DEPARTMENTAL AGENCY

2 To account for anticipated costs that cannot be allo3 cated to specific agencies during the development of the 

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

5 from local funds and $8,184,000 from other funds): Pro6 vided, That anticipated employee health insurance cost in7 creases and contract security costs, $5,799,000 from local 

8 funds. 

9 PAY-AS-YOU-GO CAPITAL

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

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

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

13 Pay-as-You-Go Funding Amendment Act of 2003, ap14 proved by the Council of the District of Columbia on 1st 

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

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

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

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

19 carry out the purposes of this Act. 

20 TAX INCREMENT FINANCING PROGRAM

21 For a Tax Increment Financing Program, 

22 $1,940,000 from local funds. 

23 MEDICAID DISALLOWANCE

24 For making refunds associated with disallowed Med25 icaid funding, an amount not to exceed $57,000,000 in 
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1 local funds, to remain available until expended: Provided, 

2 That funds are derived from a transfer from the funds 

3 identified in the fiscal year 2002 comprehensive annual 

4 financial report as the District of Columbia’s Grants Dis5 allowance balance. 

6 EMERGENCY PLANNING AND SECURITY COSTS

7 From funds previously appropriated in this Act under 

8 the heading ‘‘Federal Payment for Emergency Planning 

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

10 $15,000,000. 

11 FAMILY LITERACY

12 From funds previously appropriated in this Act under 

13 the heading ‘‘Federal Payment for the Family Literacy 

14 Program’’, $2,000,000. 

15 SCHOLARSHIP PROGRAM

16 From funds previously appropriated in this Act under 

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

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

19 ENTERPRISE AND OTHER FUNDS 

20 WATER AND SEWER AUTHORITY

21 For operation of the Water and Sewer Authority, 

22 $259,095,000 from other funds, of which $18,692,000 

23 shall be apportioned for repayment of loans and interest 

24 incurred for capital improvement projects and payable to 

25 the District’s debt service fund. 
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1 For construction projects, $199,807,000, to be dis2 tributed as follows: $99,449,000 for the Blue Plains 

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

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

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

6 the water program, and $11,148,000 for the capital equip7 ment program; in addition, $35,000,000 from funds pre8 viously appropriated in this Act under the heading ‘‘Fed9 eral Payment to the District of Columbia Water and 

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

11 restrictions that are applicable to general fund capital im12 provement projects and set forth in this Act under the 

13 Capital Outlay appropriation account shall apply to 

14 projects approved under this appropriation account. 

15 WASHINGTON AQUEDUCT

16 For operation of the Washington Aqueduct, 

17 $55,553,000 from other funds. 

18 STORMWATER PERMIT COMPLIANCE ENTERPRISE FUND

19 For operation of the Stormwater Permit Compliance 

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

21 LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

22 For the Lottery and Charitable Games Enterprise 

23 Fund, established by the District of Columbia Appropria24 tion Act, 1982, for the purpose of implementing the Law 

25 to Legalize Lotteries, Daily Numbers Games, and Bingo 
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1 and Raffles for Charitable Purposes in the District of Co2 lumbia (D.C. Law 3–172; D.C. Official Code, sec. 3–1301 

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

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

5 identify the source of funding for this appropriation title 

6 from the District’s own locally generated revenues: Pro7 vided further, That no revenues from Federal sources shall 

8 be used to support the operations or activities of the Lot9 tery and Charitable Games Control Board. 

10 SPORTS AND ENTERTAINMENT COMMISSION

11 For the Sports and Entertainment Commission, 

12 $13,979,000 from local funds. 

13 DISTRICT OF COLUMBIA RETIREMENT BOARD

14 For the District of Columbia Retirement Board, es15 tablished pursuant to section 121 of the District of Colum16 bia Retirement Reform Act of 1979 (D.C. Official Code, 

17 sec. 1–711), $13,895,000 from the earnings of the appli18 cable retirement funds to pay legal, management, invest19 ment, and other fees and administrative expenses of the 

20 District of Columbia Retirement Board: Provided, That 

21 the District of Columbia Retirement Board shall provide 

22 to the Congress and to the Council of the District of Co23 lumbia a quarterly report of the allocations of charges by 

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

25 That the District of Columbia Retirement Board shall pro-
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1 vide the Mayor, for transmittal to the Council of the Dis2 trict of Columbia, an itemized accounting of the planned 

3 use of appropriated funds in time for each annual budget 

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

5 each annual audited financial report. 

6 WASHINGTON CONVENTION CENTER ENTERPRISE FUND

7 For the Washington Convention Center Enterprise 

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

9 NATIONAL CAPITAL REVITALIZATION CORPORATION

10 For the National Capital Revitalization Corporation, 

11 $7,849,000 from other funds. 

12 CAPITAL OUTLAY

13 (INCLUDING RESCISSIONS)

14 For construction projects, an increase of 

15 $1,004,796,000, of which $601,708,000 shall be from 

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

17 $38,311,000 from the Rights-of-way funds, $218,880,000 

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

19 from local funds appropriated under this heading in prior 

20 fiscal years, for a net amount of $904,913,000, to remain 

21 available until expended; in addition, $8,000,000 from 

22 funds previously appropriated in this Act under the head23 ing ‘‘Federal Payment for Capital Development in the Dis24 trict of Columbia’’ and $4,300,000 from funds previously 

25 appropriated in this Act under the heading ‘‘Federal Pay-
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1 ment for the Anacostia Waterfront Initiative’’: Provided,

2 That funds for use of each capital project implementing 

3 agency shall be managed and controlled in accordance 

4 with all procedures and limitations established under the 

5 Financial Management System: Provided further, That all 

6 funds provided by this appropriation title shall be available 

7 only for the specific projects and purposes intended. 

8 TITLE III—GENERAL PROVISIONS 

9 SEC. 101. Whenever in this Act, an amount is speci10 fied within an appropriation for a particular purposes or 

11 objects of expenditure, such amount, unless otherwise 

12 specified, shall be considered as the maximum amount 

13 that may be expended for said purpose or object rather 

14 than an amount set apart exclusively therefor. 

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

16 for expenses of travel and for the payment of dues of orga17 nizations concerned with the work of the District of Co18 lumbia government, when authorized by the Mayor: Pro19 vided, That in the case of the Council of the District of 

20 Columbia, funds may be expended with the authorization 

21 of the Chairman of the Council. 

22 SEC. 103. There are appropriated from the applicable 

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

24 necessary for making refunds and for the payment of legal 

25 settlements or judgments that have entered against the 
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1 District of Columbia government: Provided, That nothing 

2 contained in this section shall be construed as modifying 

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

4 of the District of Columbia Income and Franchise Tax Act 

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

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

7 this Act shall remain available for obligation beyond the 

8 current fiscal year unless expressly to provided herein. 

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

10 District of Columbia government for the operation of edu11 cational institutions, the compensation of personnel, or for 

12 other educational purposes may be used to permit, encour13 age, facilitate, or further partisan political activities. 

14 Nothing herein is intended to prohibit the availability of 

15 school buildings for the use of any community or partisan 

16 political group during non-school hours. 

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

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

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

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

21 Committees on Appropriations of the House of Represent22 atives and Senate, the Committee on Government Reform 

23 of the House of Representatives, the Committee on Gov24 ernmental Affairs of the Senate, and the Council of the 
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1 District of Columbia, or their duty authorized representa2 tive. 

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

4 no part of this appropriation shall be used for publicity 

5 or propaganda purposes or implementation of any policy 

6 including boycott designed to support or defeat legislation 

7 pending before Congress or any State legislature. 

8 (b) The District of Columbia may use local funds pro9 vided in this Act to carry out lobbying activities on any 

10 matter other than—

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

12 (2) statehood for the District of Columbia or 

13 voting representation in Congress for the District of 

14 Columbia. 

15 (c) Nothing in this section may be construed to pro16 hibit any elected official from advocating with respect to 

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

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

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

20 District government agencies, that remain available for 

21 obligation or expenditure in fiscal year 2004, or provided 

22 from any accounts in the Treasury of the United States 

23 derived by the collection of fees available to the agencies 

24 funded by this Act, shall be available for obligation or ex-
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1 penditures for an agency through a reprogramming of 

2 funds which—

3 (1) creates new programs; 

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

6 (3) establishes or changes allocations specifi7 cally 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, which16 ever is less; or 

17 (7) increases by 20 percent or more personnel 

18 assigned to a specific program, project or responsi19 bility center, 

20 unless the Committee 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 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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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 tions. 

7 SEC. 109. 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 

10 which the appropriations were made except as otherwise 

11 provided by law. 

12 SEC. 110. Notwithstanding any other provisions of 

13 law, the provisions of the District of Columbia Govern14 ment Comprehensive Merit Personnel Act of 1978 (D.C. 

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

16 enacted pursuant to section 422(3) of the District of Co17 lumbia Home Rule Act (D.C. Official Code, sec. 1–

18 204l.22(3)), shall apply with respect to the compensation 

19 of District of Columbia employees: Provided, That for pay 

20 purposes, employees of the District of Columbia govern21 ment shall not be subject to the provisions of title 5, 

22 United States Code. 

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

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

25 of Columbia shall submit to the Council of the District 
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1 of Columbia and the Committees on Appropriations of the 

2 House of Representatives and Senate the new fiscal year 

3 2004 revenue estimates as of the end of such quarter. 

4 These estimates shall be used in the budget request for 

5 fiscal year 2005. The officially revised estimates at mid6 year shall be used for the midyear report. 

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

8 of Columbia government or any agency thereof may be re9 newed or extended without opening that contract to the 

10 competitive bidding process as set forth in section 303 of 

11 the District of Columbia Procurement Practices Act of 

12 1985 (D.C. Law 6–85; D.C. Official Code, sec. 2–303.03), 

13 except that the District of Columbia government or any 

14 agency thereof may renew or extend sole source contracts 

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

16 if the determination as to whether to invoke the competi17 tive bidding process has been made in accordance with 

18 duly promulgated rules and procedures and has been re19 viewed and certified by the Chief Financial Officer of the 

20 District of Columbia. 

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

22 issued pursuant to the Balanced Budget and Emergency 

23 Deficit Control Act of 1985 after the amounts appro24 priated to the District of Columbia for the fiscal year in25 volved have been paid to the District of Columbia, the 
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1 Mayor of the District of Columbia shall pay to the Sec2 retary of the Treasury, within 15 days after receipt of a 

3 request therefor from the Secretary of the Treasury, such 

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

5 the sequestration percentage specified in the order shall 

6 be applied proportionately to each of the Federal appro7 priation accounts in this Act that are not specifically ex8 empted from sequestration by such Act. 

9 (b) For purposes of the Balanced Budget and Emer10 gency Deficit Control Act of 1985, the term ‘‘program, 

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

12 specifically to each account appropriating Federal funds 

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

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

15 of those accounts: Provided, That sequestration orders 

16 shall not be applied to any account that is specifically ex17 empted from sequestration by the Balanced Budget and 

18 Emergency Deficit Control Act of 1985. 

19 SEC. 114. None of the Federal funds provided in this 

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

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

22 offices of United States Senator or United States Rep23 resentative under section 4(d) of the District of Columbia 

24 Statehood Constitutional Convention Initiatives of 1979 

25 (D.C. Law 3–171; D.C. Official Code, sec. 1–123). 
39

HR 2765 PP 

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

2 Act shall be expended for any abortion except where the 

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

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

5 an act of rape or incest. 

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

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

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

9 9–114; D.C. Official Code, sec. 32–701 et seq.) or to oth10 erwise implement or enforce any system of registration of 

11 unmarried, cohabiting couples, including but not limited 

12 to registration for the purpose of extending employment, 

13 health, or governmental benefits to such couples on the 

14 same basis that such benefits are extended to legally mar15 ried couples. 

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

17 of this Act, the Mayor, in consultation with the Chief Fi18 nancial Officer of the District of Columbia may accept, 

19 obligate, and expend Federal, private, and other grants 

20 received by the District government that are not reflected 

21 in the amounts appropriated in this Act. 

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

23 be accepted, obligated, or expended pursuant to subsection 

24 (a) until—
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HR 2765 PP 

1 (A) the Chief Financial Officer of the District 

2 of Columbia submits to the Council a report setting 

3 forth detailed information regarding such grant; and 

4 (B) the Council has reviewed and approved the 

5 acceptance, obligation, and expenditure of such 

6 grant. 

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

8 shall be deemed to have reviewed and approved the accept9 ance, obligation, and expenditure of a grant if—

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

11 the Secretary of the Council within 14 calendar days 

12 of the receipt of the report from the Chief Financial 

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

14 (B) if such a notice of disapproval is filed with15 in such deadline, the Council does not by resolution 

16 disapprove the acceptance, obligation, or expenditure 

17 of the grant within 30 calendar days of the initial 

18 receipt of the report from the Chief Financial Offi19 cer under paragraph (1)(A). 

20 (c) No amount may be obligated or expended from 

21 the general fund or other funds of the District of Colum22 bia government in anticipation of the approval or receipt 

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

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

25 grant not subject to such subsection. 
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1 (d) The Chief Financial Officer of the District of Co2 lumbia shall prepare a quarterly report setting forth de3 tailed information regarding all Federal, private, and 

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

5 be submitted to the Council of the District of Columbia 

6 and to the Committees on Appropriations of the House 

7 of Representatives and Senate not later than 15 days after 

8 the end of the quarter covered by the report. 

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

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

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

12 employee of the District of Columbia with an official vehi13 cle unless the officer or employee uses the vehicle only in 

14 the performance of the officer’s or employee’s official du15 ties. For purposes of this paragraph, the term ‘‘official 

16 duties’’ does not include travel between the officer’s or em17 ployee’s residence and workplace, except in the case of—

18 (1) an officer or employee of the Metropolitan 

19 Police Department who resides in the District of Co20 lumbia or is otherwise designated by the Chief of the 

21 Department; 

22 (2) at the discretion of the Fire Chief, an offi23 cer or employee of the District of Columbia Fire and 

24 Emergency Medical Services Department who re-
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1 sides in the District of Columbia and is on call 24 

2 hours a day; 

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

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

5 of Columbia. 

6 (b) The Chief Financial Officer of the District of Co7 lumbia shall submit by March 1, 2004, an inventory, as 

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

9 operated by the District of Columbia government. The in10 ventory shall include, but not be limited to, the depart11 ment to which the vehicle is assigned; the year and make 

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

13 condition of the vehicle; annual operating and mainte14 nance costs; current mileage; and whether the vehicle is 

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

16 and if so, the officer or employee’s title and resident loca17 tion. 

18 SEC. 119. None of the funds contained in this Act 

19 may be used for purposes of the annual independent audit 

20 of the District of Columbia government for fiscal year 

21 2004 unless—

22 (1) the audit is conducted by the Inspector 

23 General of the District of Columbia, in coordination 

24 with the Chief Financial Officer of the District of 

25 Columbia, pursuant to section 208(a)(4) of the Dis-
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1 trict of Columbia Procurement Practices Act of 

2 1985 (D.C. 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 re5 sults with the revenues submitted in the budget doc6 ument for such year and the appropriations enacted 

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

8 and classifications contained in the law making the 

9 appropriations for the year and its legislative his10 tory. 

11 SEC. 120. (a) None of the funds contained in this 

12 Act may be used by the District of Columbia Corporation 

13 Counsel or any other officer or entity of the District gov14 ernment to provide assistance for any petition drive or civil 

15 action which seeks to require Congress to provide for vot16 ing representation in Congress for the District of Colum17 bia. 

18 (b) Nothing in this section bars the District of Co19 lumbia Corporation Counsel from reviewing or com20 menting on briefs in private lawsuits, or from consulting 

21 with officials of the District government regarding such 

22 lawsuits. 

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

24 Act may be used for any program of distributing sterile 
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1 needles or syringes for the hypodermic injection of any ille2 gal drug. 

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

4 contained in this Act and who carries out any program 

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

6 for such program separately from any funds contained in 

7 this Act. 

8 SEC. 122. None of the funds contained in this Act 

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

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

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

12 the District of Columbia government (including any inde13 pendent agency of the District of Columbia) who has not 

14 filed a certification with the Mayor and the Chief Finan15 cial Officer of the District of Columbia that the officer 

16 understands the duties and restrictions applicable to the 

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

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

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

20 of the reports accompanying the Act and the deadline by 

21 which each report must be submitted. The Chief Financial 

22 Officer of the District of Columbia shall provide to the 

23 Committees on Appropriations of the House of Represent24 atives and Senate by the 10th day after the end of each 
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1 quarter a summary list showing each report, the due date, 

2 and the date submitted to the Committees. 

3 SEC. 123. (a) None of the funds contained in this 

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

5 regulation to legalize or otherwise reduce penalties associ6 ated with the possession, use, or distribution of any sched7 ule I substance under the Controlled Substances Act (21 

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

9 (b) The Legalization of Marijuana for Medical Treat10 ment Initiative of 1998, also known as Initiative 59, ap11 proved by the electors of the District of Columbia on No12 vember 3, 1998, shall not take effect. 

13 SEC. 124. Nothing in this Act may be construed to 

14 prevent the Council or Mayor of the District of Columbia 

15 from addressing the issue of the provision of contraceptive 

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

17 of Congress that any legislation enacted on such issue 

18 should include a ‘‘conscience clause’’ which provides excep19 tions for religious beliefs and moral convictions. 

20 SEC. 125. The Mayor of the District of Columbia 

21 shall submit to the Committees on Appropriations of the 

22 House of Representatives and Senate, the Committee on 

23 Government Reform of the House of Representatives, and 

24 the Committee on Governmental Affairs of the Senate 

25 quarterly reports addressing—
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1 (1) crime, including the homicide rate, imple2 mentation of community policing, the number of po3 lice officers on local beats, and the closing down of 

4 open-air drug markets; 

5 (2) access to substance and alcohol abuse treat6 ment, including the number of treatment slots, the 

7 number of people served, the number of people on 

8 waiting lists, and the effectiveness of treatment pro9 grams; 

10 (3) management of parolees and pre-trial vio11 lent offenders, including the number of halfway 

12 houses escapes and steps taken to improve moni13 toring and supervision of halfway house residents to 

14 reduce the number of escapes to be provided in con15 sultation with the Court Services and Offender Su16 pervision Agency for the District of Columbia; 

17 (4) education, including access to special edu18 cation services and student achievement to be pro19 vided in consultation with the District of Columbia 

20 Public Schools and the District of Columbia public 

21 charter schools; 

22 (5) improvement in basic District services, in23 cluding rat control and abatement; 

24 (6) application for and management of Federal 

25 grants, including the number and type of grants for 
47

HR 2765 PP 

1 which the District was eligible but failed to apply 

2 and the number and type of grants awarded to the 

3 District but for which the District failed to spend 

4 the amounts received; and 

5 (7) indicators of child well-being. 

6 SEC. 126. No later than 30 calendar days after the 

7 date of the enactment of this Act, the Chief Financial Offi8 cer of the District of Columbia shall submit to the appro9 priate committees of Congress, the Mayor, and the Council 

10 of the District of Columbia a revised appropriated funds 

11 operating budget in the format of the budget that the Dis12 trict of Columbia government submitted pursuant to sec13 tion 442 of the District of Columbia Home Rule Act (D.C. 

14 Official Code, sec. 1–204.42), for all agencies of the Dis15 trict of Columbia government for fiscal year 2003 that is 

16 in the total amount of the approved appropriation and 

17 that realigns all budgeted data for personal services and 

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

19 actual expenditures. 

20 SEC. 127. None of the funds contained in this Act 

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

22 by the District of Columbia Commission on Human Rights 

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

24 (PA). 
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1 SEC. 128. None of the Federal funds made available 

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

3 or instrumentality of the United States Government, ex4 cept pursuant to a transfer made by, or transfer authority 

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

6 SEC. 129. During fiscal year 2004 and any subse7 quent fiscal year, in addition to any other authority to pay 

8 claims and judgments, any department, agency, or instru9 mentality of the District government may use local funds 

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

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

12 Risk Management for Settlements and Judgments 

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

14 Code, sec. 2–402). 

15 SEC. 130. Notwithstanding any other law, the Dis16 trict of Columbia Courts shall transfer to the general 

17 treasury of the District of Columbia all fines levied and 

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

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

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

21 shall remain available until expended and shall be used 

22 by the Office of the Corporation Counsel for enforcement 

23 and prosecution of District traffic alcohol laws in accord24 ance with section 10(b)(3) of the District of Columbia 

25 Traffic Act (D.C. Official Code, sec. 50–2201.05(b)(3)). 
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1 SEC. 131. During fiscal year 2004 and any subse2 quent fiscal year, any agency of the District government 

3 may transfer to the Office of Labor Relations and Collec4 tive Bargaining (OLRCB) such local funds as may be nec5 essary to pay for representation by OLRCB in third-party 

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

7 intra-District agreement with OLRCB. These amounts 

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

9 of providing the representation. 

10 SEC. 132. (a) None of the funds contained in this 

11 Act may be made available to pay—

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

13 party in an action or an attorney who defends an ac14 tion, including an administrative proceeding, brought 

15 against the District of Columbia Public Schools 

16 under the Individuals with Disabilities Education 

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

18 that action; or 

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

20 Chief Financial Officer of the District of Columbia 

21 determines to have a pecuniary interest, either 

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

23 in any special education diagnostic services, schools, 

24 or other special education service providers. 
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1 (b)(1) The District of Columbia Public Schools shall 

2 increase the amount of local funds it allocates for services 

3 to children under the Individuals With Disabilities Edu4 cation Act during fiscal year 2004 by the amount of sav5 ings resulting during the year from the restrictions on the 

6 payment of attorney fees under subsection (a), as esti7 mated and published by the Chief Financial Officer. 

8 (2) The Chief Financial Officer shall make estimates 

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

10 basis during fiscal year 2004, and shall publish the esti11 mates not later than 10 days after the end of each quarter. 

12 SEC. 133. The Chief Financial Officer of the District 

13 of Columbia shall require attorneys in special education 

14 cases brought under the Individuals with Disabilities Act 

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

16 that the attorney or representative rendered any and all 

17 services for which they receive awards, including those re18 ceived under a settlement agreement or as part of an ad19 ministrative proceeding, under the IDEA from the District 

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

21 the Chief Financial Officer of the District of Columbia 

22 shall require all attorneys in IDEA cases to disclose any 

23 financial, corporate, legal, memberships on boards of di24 rectors, or other relationships with any special education 

25 diagnostic services, schools, or other special education 
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1 service providers to which the attorneys have referred any 

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

3 the Chief Financial Officer shall prepare and submit quar4 terly reports to the Committees on Appropriations of the 

5 Senate and the House of Representatives on the certifi6 cation of and the amount paid by the government of the 

7 District of Columbia, including the District of Columbia 

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

9 Provided further, That the Inspector General of the Dis10 trict of Columbia may conduct investigations to determine 

11 the accuracy of the certifications. 

12 SEC. 134. None of the funds contained in this Act 

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

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

15 03–CV–24, 03–CV–38, District of Columbia Court of Ap16 peals). 

17 TITLE IV—DC PARENTAL 

18 CHOICE 

19 SEC. 401. SHORT TITLE. 

20 This title may be cited as the ‘‘DC Parental Choice 

21 Incentive Act of 2003’’. 

22 SEC. 402. FINDINGS. 

23 The Congress finds the following: 

24 (1) Parents are best equipped to make decisions 

25 for their children, including the educational setting 
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1 that will best serve the interests and educational 

2 needs of their child. 

3 (2) For many parents in the District of Colum4 bia, public school choice provided for under the No 

5 Child Left Behind Act of 2001 is inadequate due to 

6 capacity constraints within the public schools. 

7 Therefore, in keeping with the spirit of the No Child 

8 Left Behind Act of 2001, school choice options, in 

9 addition to those already available to parents in the 

10 District of Columbia (such as magnet and charter 

11 schools and open enrollment schools) should be made 

12 available to those parents. 

13 (3) In the most recent mathematics assessment 

14 on the National Assessment of Educational Progress 

15 (NAEP), administered in 2000, a lower percentage 

16 of 4th-grade students in DC demonstrated pro17 ficiency than was the case for any State. Seventy-six 

18 percent of DC fourth-graders scored at the ‘‘below 

19 basic’’ level and of the 8th-grade students in the 

20 District of Columbia, only 6 percent of the students 

21 tested at the proficient or advanced levels, and 77 

22 percent were below basic. In the most recent NAEP 

23 reading assessment, in 1998, only 10 percent of DC 

24 fourth-graders could read proficiently, while 72 per25 cent were below basic. At the 8th-grade level, 12 
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1 percent were proficient or advanced and 56 percent 

2 were below basic. 

3 (4) A program enacted for the valid secular 

4 purpose of providing educational assistance to low5 income children in a demonstrably failing public 

6 school system is constitutional under Zelman v. Sim7 mons-Harris if it is neutral with respect to religion 

8 and provides assistance to a broad class of citizens 

9 who direct government aid to schools solely as a re10 sult of their independent private choices. 

11 SEC. 403. PURPOSE. 

12 The purpose of this title is to provide low-income par13 ents residing in the District of Columbia, particularly par14 ents of students who attend elementary or secondary 

15 schools identified for improvement, corrective action, or 

16 restructuring under section 1116 of the Elementary and 

17 Secondary Education Act of 1965 (20 U.S.C. 6316), with 

18 expanded opportunities for enrolling their children in high19 er-performing schools in the District of Columbia. 

20 SEC. 404. GENERAL AUTHORITY. 

21 (a) AUTHORITY.—From funds appropriated to carry 

22 out this title, the Secretary shall award grants on a com23 petitive basis to eligible entities with approved applications 

24 under section 405 to carry out activities to provide eligible 

25 students with expanded school choice opportunities. The 
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1 Secretary may award a single grant or multiple grants, 

2 depending on the quality of applications submitted and the 

3 priorities of this title. 

4 (b) DURATION OF GRANTS.—The Secretary may 

5 make grants under this section for a period of not more 

6 than 5 years. 

7 SEC. 405. APPLICATIONS. 

8 (a) IN GENERAL.—In order to receive a grant under 

9 this title, an eligible entity shall submit an application to 

10 the Secretary at such time, in such manner, and accom11 panied by such information as the Secretary may require. 

12 (b) CONTENTS.—The Secretary may not approve the 

13 request of an eligible entity for a grant under this title 

14 unless the entity’s application includes—

15 (1) a detailed description of—

16 (A) how the entity will address the prior17 ities described in section 406; 

18 (B) how the entity will ensure that if more 

19 eligible students seek admission in the program 

20 than the program can accommodate, eligible 

21 students are selected for admission through a 

22 random selection process which gives weight to 

23 the priorities described in section 406; 

24 (C) how the entity will ensure that if more 

25 participating eligible students seek admission to 
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1 a participating school than the school can ac2 commodate, participating eligible students are 

3 selected for admission through a random selec4 tion process; 

5 (D) how the entity will notify parents of el6 igible students of the expanded choice opportu7 nities; 

8 (E) the activities that the entity will carry 

9 out to provide parents of eligible students with 

10 expanded choice opportunities through the 

11 awarding of scholarships under section 407(a); 

12 (F) how the entity will determine the 

13 amount that will be provided to parents for the 

14 tuition, fees, and transportation expenses, if 

15 any; 

16 (G) how the entity will seek out private el17 ementary and secondary schools in the District 

18 of Columbia to participate in the program, and 

19 will ensure that participating schools will meet 

20 the applicable requirements of this title and 

21 provide the information needed for the entity to 

22 meet the reporting requirements of this title; 

23 (H) how the entity will ensure that partici24 pating schools are financially responsible; 
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1 (I) how the entity will address the renewal 

2 of scholarships to participating eligible stu3 dents, including continued eligibility; and 

4 (J) how the entity will ensure that a ma5 jority of its voting board members or governing 

6 organization are residents of the District of Co7 lumbia; and 

8 (2) an assurance that the entity will comply 

9 with all requests regarding any evaluation carried 

10 out under section 409. 

11 SEC. 406. PRIORITIES. 

12 In awarding grants under this title, the Secretary 

13 shall give priority to applications from eligible entities who 

14 will most effectively—

15 (1) give priority to eligible students who, in the 

16 school year preceding the school year for which the 

17 eligible student is seeking a scholarship, attended an 

18 elementary or secondary school identified for im19 provement, corrective action, or restructuring under 

20 section 1116 of the Elementary and Secondary Edu21 cation Act of 1965 (20 U.S.C. 6316); 

22 (2) target resources to students and families 

23 that lack the financial resources to take advantage 

24 of available educational options; 
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1 (3) provide students and families with the 

2 widest range of educational options; and 

3 (4) serve students of varying ages and grade 

4 levels. 

5 SEC. 407. USE OF FUNDS. 

6 (a) SCHOLARSHIPS.—

7 (1) IN GENERAL.—Subject to paragraph (2) 

8 and (3), a grantee shall use the grant funds to pro9 vide eligible students with scholarships to pay the 

10 tuition, fees, and transportation expenses, if any, to 

11 enable them to attend the District of Columbia pri12 vate elementary or secondary school of their choice. 

13 Each grantee shall ensure that the amount of any 

14 tuition or fees charged by a school participating in 

15 the grantee’s program under this title to an eligible 

16 student participating in the program does not exceed 

17 the amount of tuition or fees that the school custom18 arily charges to students who do not participate in 

19 the program. 

20 (2) PAYMENTS TO PARENTS.—A grantee shall 

21 make scholarship payments under the program 

22 under this title to the parent of the eligible student 

23 participating in the program, in a manner which en24 sures that such payments will be used for the pay-
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1 ment of tuition, fees, and transportation expenses (if 

2 any), in accordance with this title. 

3 (3) AMOUNT OF ASSISTANCE.—

4 (A) VARYING AMOUNTS PERMITTED.—Sub5 ject to the other requirements of this section, a 

6 grantee may award scholarships in larger 

7 amounts to those eligible students with the 

8 greatest need. 

9 (B) ANNUAL LIMIT ON AMOUNT.—The 

10 amount of assistance provided to any eligible 

11 student by a grantee under a program under 

12 this title may not exceed $7,500 for any aca13 demic year. 

14 (b) ADMINISTRATIVE EXPENSES.—A grantee may 

15 use not more than 3 percent of the amount provided under 

16 the grant each year for the administrative expenses of car17 rying out its program under this title during the year, in18 cluding—

19 (1) determining the eligibility of students to 

20 participate; 

21 (2) providing information about the program 

22 and the schools involved to parents of eligible stu23 dents; 

24 (3) selecting students to receive scholarships; 
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1 (4) determining the amount of scholarships and 

2 issuing them to eligible students; 

3 (5) compiling and maintaining financial and 

4 programmatic records; and 

5 (6) providing funds to assist parents in meeting 

6 expenses that might otherwise preclude the partici7 pation of their child in the program. 

8 SEC. 408. NONDISCRIMINATION. 

9 (a) IN GENERAL.—A school participating in any pro10 gram under this title shall not discriminate on the basis 

11 of race, color, national origin, or sex in participating in 

12 the program. 

13 (b) APPLICABILITY AND CONSTRUCTION WITH RE14 SPECT TO DISCRIMINATION ON THE BASIS OF SEX.—

15 (1) APPLICABILITY.—Notwithstanding sub16 section (a) or any other provision of law, it shall not 

17 be considered discrimination on the basis of sex for 

18 a school that is operated by, supervised by, con19 trolled by, or connected to a religious organization to 

20 take sex into account to the extent that failing to do 

21 so would be inconsistent with the religious tenets or 

22 beliefs of the school. 

23 (2) SINGLE-SEX SCHOOLS, CLASSES, OR ACTIVI24 TIES.—Notwithstanding subsection (a) or any other 
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1 provision of law, a parent may choose and a school 

2 may offer a single-sex school, class, or activity. 

3 (3) CONSTRUCTION.—With respect to discrimi4 nation on the basis of sex, nothing in subsection (a) 

5 shall be construed to require any person or public or 

6 private entity to provide or pay, or to prohibit any 

7 such person or entity from providing or paying, for 

8 any benefit or service, including the use of facilities, 

9 related to an abortion. Nothing in the preceding sen10 tence shall be construed to permit a penalty to be 

11 imposed on any person or individual because such 

12 person or individual is seeking or has received any 

13 benefit or services related to a legal abortion. 

14 (c) CHILDREN WITH DISABILITIES.—Nothing in this 

15 title may be construed to alter or modify the provisions 

16 of the Individuals with Disabilities Education Act. 

17 (d) RELIGIOUSLY AFFILIATED SCHOOLS.—

18 (1) IN GENERAL.—Notwithstanding any other 

19 provision of law, a school participating in any pro20 gram under this title which is operated by, super21 vised by, controlled by, or connected to, a religious 

22 organization may employ persons of the same reli23 gion to the extent determined by that school to pro24 mote the religious purpose for which the school is es25 tablished or maintained. 
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1 (2) RELIGIOUS PURPOSES.—Notwithstanding 

2 any other provision of law, funds made available 

3 under this title may be used for religious educational 

4 purposes, and no participating school shall be re5 quired to remove religious art, icons, scriptures, or 

6 other symbols. A participating school may retain re7 ligious terms in its name, select its board members 

8 on a religious basis, and include religious references 

9 in its mission statements and other chartering or 

10 governing documents. 

11 (e) RULE OF CONSTRUCTION.—A scholarship (or any 

12 other form of support provided to parents of eligible stu13 dents) under this title shall be considered assistance to 

14 the student and shall not be considered assistance to the 

15 school that enrolls the eligible student. The amount of any 

16 scholarship (or other form of support provided to parents 

17 of an eligible student) under this title shall not be treated 

18 as income of the parents for purposes of Federal tax laws 

19 or for determining eligibility for any other Federal pro20 gram. 

21 SEC. 409. EVALUATIONS. 

22 (a) IN GENERAL.—

23 (1) DUTIES OF SECRETARY.—The Secretary 

24 shall—
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1 (A) conduct an evaluation using the 

2 strongest possible research design for deter3 mining the effectiveness of the programs funded 

4 under this title that addresses the issues de5 scribed in paragraph (2); and 

6 (B) disseminate information on the impact 

7 of the programs in increasing the student aca8 demic achievement of participating students, as 

9 well as other appropriate measures of student 

10 success, and on the impact of the programs on 

11 students and schools in the District of Colum12 bia. 

13 (2) ISSUES TO BE EVALUATED.—The issues de14 scribed in this paragraph include the following: 

15 (A) A comparison of the academic achieve16 ment of students who participate in the pro17 grams funded under this title with the academic 

18 achievement of students of similar backgrounds 

19 who do not participate in such programs. 

20 (B) The success of the programs in ex21 panding choice options for parents. 

22 (C) The reasons parents choose for their 

23 children to participate in the programs. 

24 (D) A comparison of the retention rates, 

25 dropout rates, and (if appropriate) graduation 
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1 and college admission rates of students who 

2 participate in the programs funded under this 

3 title with the retention rates, dropout rates, and 

4 (if appropriate) graduation and college admis5 sion rates of students of similar backgrounds 

6 who do not participate in such programs. 

7 (E) The impact of the program on stu8 dents and public elementary and secondary 

9 schools in the District of Columbia. 

10 (F) A comparison of the safety of the 

11 schools attended by students who participate in 

12 the programs and the schools attended by stu13 dents who do not participate in the programs. 

14 (G) Such other issues as the Secretary 

15 considers appropriate for inclusion in the eval16 uation. 

17 (b) REPORTS.—The Secretary shall submit to the 

18 Committees on Appropriations, Education and the Work19 force, and Government Reform of the House of Represent20 atives and the Committees on Appropriations, Health, 

21 Education, Labor, and Pensions, and Governmental Af22 fairs of the Senate—

23 (1) annual interim reports not later than De24 cember 1 of each year for which a grant is made 

25 under this title on the progress and preliminary re-
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1 sults of the evaluation of the programs funded under 

2 this title; and 

3 (2) a final report not later than 1 year after the 

4 final year for which a grant is made under this title 

5 on the results of the evaluation of the programs 

6 funded under this title. 

7 (c) PUBLIC AVAILABILITY.—All reports and under8 lying data gathered pursuant to this section shall be made 

9 available to the public upon request, in a timely manner 

10 following submission of the applicable report under sub11 section (b), except that personally identifiable information 

12 shall not be disclosed or made available to the public. 

13 (d) LIMIT ON AMOUNT EXPENDED.—The amount ex14 pended by the Secretary to carry out this section for any 

15 fiscal year may not exceed 3 percent of the total amount 

16 appropriated to carry out this title for the fiscal year. 

17 SEC. 410. REPORTING REQUIREMENTS. 

18 (a) ACTIVITIES REPORTS.—Each grantee receiving 

19 funds under this title during a year shall submit a report 

20 to the Secretary not later than July 30 of the following 

21 year regarding the activities carried out with the funds 

22 during the preceding year. 

23 (b) ACHIEVEMENT REPORTS.—

24 (1) IN GENERAL.—In addition to the reports 

25 required under subsection (a), each grantee shall, 
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1 not later than September 1 of the year during which 

2 the second academic year of the grantee’s program 

3 is completed and each of the next 2 years thereafter, 

4 submit a report to the Secretary regarding the data 

5 collected in the previous 2 academic years con6 cerning—

7 (A) the academic achievement of students 

8 participating in the program; 

9 (B) the graduation and college admission 

10 rates of students who participate in the pro11 gram, where appropriate; and 

12 (C) parental satisfaction with the program. 

13 (2) PROHIBITING DISCLOSURE OF PERSONAL

14 INFORMATION.—No report under this subsection 

15 may contain any personally identifiable information. 

16 (c) REPORTS TO PARENT.—

17 (1) IN GENERAL.—Each grantee shall ensure 

18 that each school participating in the grantee’s pro19 gram under this title during a year reports at least 

20 once during the year to the parents of each of the 

21 school’s students who are participating in the pro22 gram on—

23 (A) the student’s academic achievement, as 

24 measured by a comparison with the aggregate 

25 academic achievement of other participating 
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1 students at the student’s school in the same 

2 grade or level, as appropriate, and the aggre3 gate academic achievement of the student’s 

4 peers at the student’s school in the same grade 

5 or level, as appropriate; and 

6 (B) the safety of the school, including the 

7 incidence of school violence, student suspen8 sions, and student expulsions. 

9 (2) PROHIBITING DISCLOSURE OF PERSONAL

10 INFORMATION.—No report under this subsection 

11 may contain any personally identifiable information, 

12 except as to the student who is the subject of the 

13 report to that student’s parent. 

14 (d) REPORT TO CONGRESS.—The Secretary shall 

15 submit to the Committees on Appropriations, Education 

16 and the Workforce, and Government Reform of the House 

17 of Representatives and the Committees on Appropriations, 

18 Health, Education, Labor, and Pensions, and Govern19 mental Affairs of the Senate an annual report on the find20 ings of the reports submitted under subsections (a) and 

21 (b). 

22 SEC. 411. OTHER REQUIREMENTS FOR PARTICIPATING 

23 SCHOOLS. 

24 (a) ADMISSION OF ELIGIBLE STUDENTS.—Each 

25 school choosing to participate in a program funded under 
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1 this title shall accept any participating eligible student on 

2 a religious-neutral basis, except that if the school has more 

3 participating eligible students seeking admission than it 

4 can accommodate, the school shall accept participating eli5 gible students through a religious-neutral, random selec6 tion process, consistent with section 405(b)(1)(C). 

7 (b) REQUESTS FOR DATA AND INFORMATION.—Each 

8 school participating in a program funded under this title 

9 shall comply with all requests for data and information 

10 regarding evaluations conducted under section 409(a). 

11 (c) RULES OF CONDUCT AND OTHER SCHOOL POLI12 CIES.—Subject to section 408, a participating school may 

13 require eligible students to abide by any rules of conduct 

14 and other requirements applicable to all other students at 

15 the school. 

16 SEC. 412. DEFINITIONS. 

17 As used in this title: 

18 (1) ELEMENTARY SCHOOL.—The term ‘‘elemen19 tary school’’ has the meaning given that term in sec20 tion 9101 of the Elementary and Secondary Edu21 cation Act of 1965 (20 U.S.C. 7801). 

22 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti23 ty’’ means any of the following: 

24 (A) An educational entity of the District of 

25 Columbia Government. 
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1 (B) A nonprofit organization. 

2 (C) A consortium of nonprofit organiza3 tions. 

4 (3) ELIGIBLE STUDENT.—The term ‘‘eligible 

5 student’’ means a student who is a resident of the 

6 District of Columbia and who comes from a house7 hold whose income does not exceed 185 percent of 

8 the poverty line applicable to a family of the size in9 volved. 

10 (4) PARENT.—The term ‘‘parent’’ has the 

11 meaning given that term in section 9101 of the Ele12 mentary and Secondary Education Act of 1965 (20 

13 U.S.C. 7801). 

14 (5) POVERTY LINE.—The term ‘‘poverty line’’ 

15 has the meaning given that term in section 9101 of 

16 the Elementary and Secondary Education Act of 

17 1965 (20 U.S.C. 7801). 

18 (6) SECONDARY SCHOOL.—The term ‘‘sec19 ondary school’’ has the meaning given that term in 

20 section 9101 of the Elementary and Secondary Edu21 cation Act of 1965 (20 U.S.C. 7801). 

22 (7) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of Education. 
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1 SEC. 413. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated to carry out 

3 this title $10,000,000 for fiscal year 2004 and such sums 

4 as may be necessary for each of the 4 succeeding fiscal 

5 years. 

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

7 Appropriations Act, 2004’’.

8 That the following sums are appropriated, out of any 

9 money in the Treasury not otherwise appropriated, for the 

10 District of Columbia and related agencies for the fiscal year 

11 ending September 30, 2004, and for other purposes, namely: 

12 TITLE I—FEDERAL FUNDS 

13 FEDERAL PAYMENTFOR RESIDENT TUITION SUPPORT

14 For a Federal payment to the District of Columbia, 

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

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

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

18 available until expended: Provided, That such funds, in19 cluding any interest accrued thereon, may be used on behalf 

20 of eligible District of Columbia residents to pay an amount 

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

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

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

24 higher education: Provided further, That the awarding of 

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

26 academic merit, the income and need of eligible students 
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1 and such other factors as may be authorized: Provided fur2 ther, That the District of Columbia government shall main3 tain a dedicated account for the Resident Tuition Support 

4 Program that shall consist of the Federal funds appro5 priated to the Program in this Act and any subsequent ap6 propriations, any unobligated balances from prior fiscal 

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

8 Provided further, That the account shall be under the con9 trol of the District of Columbia Chief Financial Officer who 

10 shall use those funds solely for the purposes of carrying out 

11 the Resident Tuition Support Program: Provided further, 

12 That the Resident Tuition Support Program Office and the 

13 Office of the Chief Financial Officer shall provide a quar14 terly financial report to the Committees on Appropriations 

15 of the House of Representatives and Senate for these funds 

16 showing, by object class, the expenditures made and the pur17 pose therefor: Provided further, That not more than 7 per18 cent of the total amount appropriated for this program may 

19 be used for administrative expenses. 

20 FEDERAL PAYMENTFOR EMERGENCY PLANNING AND

21 SECURITY COSTS IN THE DISTRICT OF COLUMBIA

22 For necessary expenses, as determined by the Mayor 

23 of the District of Columbia in written consultation with the 

24 elected county or city officials of surrounding jurisdictions, 

25 $15,000,000, to remain available until expended, to reim-
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1 burse the District of Columbia for the costs of public safety 

2 expenses related to security events in the District of Colum3 bia and for the costs of providing support to respond to 

4 immediate and specific terrorist threats or attacks in the 

5 District of Columbia or surrounding jurisdictions: Pro6 vided, That any amount provided under this heading shall 

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

8 transmitted by the President to Congress and such amount 

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

10 United States Code. 

11 FEDERAL PAYMENTFOR HOSPITAL BIOTERRORISM

12 PREPAREDNESS IN THE DISTRICT OF COLUMBIA

13 For a Federal payment to support hospital bioter14 rorism preparedness in the District of Columbia, 

15 $10,000,000, of which $7,000,000 shall be for the Children’s 

16 National Medical Center in the District of Columbia for 

17 the expansion of quarantine facilities and the establishment 

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

19 the Washington Hospital Center for construction of contain20 ment facilities. 

21 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

22 COURTS

23 For salaries and expenses for the District of Columbia 

24 Courts, $172,104,000, to be allocated as follows: for the Dis25 trict of Columbia Court of Appeals, $8,775,000, of which 
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1 not to exceed $1,500 is for official reception and representa2 tion expenses; for the District of Columbia Superior Court, 

3 $83,387,000, of which not to exceed $1,500 is for official 

4 reception and representation expenses; for the District of 

5 Columbia Court System, $40,006,000, of which not to ex6 ceed $1,500 is for official reception and representation ex7 penses; and $39,936,000 for capital improvements for Dis8 trict of Columbia courthouse facilities: Provided, That funds 

9 made available for capital improvements shall be expended 

10 consistent with the General Services Administration master 

11 plan study and building evaluation report: Provided fur12 ther, That notwithstanding any other provision of law, all 

13 amounts under this heading shall be apportioned quarterly 

14 by the Office of Management and Budget and obligated and 

15 expended in the same manner as funds appropriated for 

16 salaries and expenses of other Federal agencies, with payroll 

17 and financial services to be provided on a contractual basis 

18 with the General Services Administration (GSA), said serv19 ices to include the preparation of monthly financial reports, 

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

21 President and to the Committees on Appropriations of the 

22 House of Representatives and Senate, the Committee on 

23 Government Reform of the House of Representatives, and 

24 the Committee on Governmental Affairs of the Senate: Pro25 vided further, That funds made available for capital im-
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1 provements may remain available until September 30, 

2 2005: Provided further, That 30 days after providing writ3 ten notice to the Committees on Appropriations of the 

4 House of Representatives and Senate, the District of Colum5 bia Courts may reallocate not more than $1,000,000 of the 

6 funds provided under this heading among the items and 

7 entities funded under such heading. 

8 DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS

9 For payments authorized under section 11–2604 and 

10 section 11–2605, D.C. Official Code (relating to representa11 tion provided under the District of Columbia Criminal Jus12 tice Act), payments for counsel appointed in adoption pro13 ceedings under Chapter 3 of title 16, D.C. Code, payments 

14 for counsel appointed in proceedings in the Family Court 

15 of the Superior Court of the District of Columbia under 

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

17 a contract with a non-profit organization to provide guard18 ian ad litem representation, training, technical assistance 

19 and such other services as are necessary to improve the 

20 quality of guardian ad litem representation, and payments 

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

22 Code (relating to representation provided under the District 

23 of Columbia Guardianship, Protective Proceedings, and 

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

25 remain available until expended: Provided, That funds pro-
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1 vided under this heading shall be administered by the Joint 

2 Committee on Judicial Administration in the District of 

3 Columbia: Provided further, That notwithstanding any 

4 other provision of law, this appropriation shall be appor5 tioned quarterly by the Office of Management and Budget 

6 and obligated and expended in the same manner as funds 

7 appropriated for expenses of other Federal agencies, with 

8 payroll and financial services to be provided on a contrac9 tual basis with the General Services Administration (GSA), 

10 said services to include the preparation of monthly finan11 cial reports, copies of which shall be submitted directly by 

12 GSA to the President and to the Committees on Appropria13 tions of the House of Representatives and Senate, the Com14 mittee on Government Reform of the House of Representa15 tives, and the Committee on Governmental Affairs of the 

16 Senate. 

17 FEDERAL PAYMENT TO THE COURT SERVICES AND OF18 FENDER SUPERVISION AGENCY FOR THE DISTRICT OF

19 COLUMBIA

20 (INCLUDING TRANSFER OF FUNDS)

21 For salaries and expenses, including the transfer and 

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

23 Supervision Agency for the District of Columbia, and the 

24 Public Defender Service for the District of Columbia as au25 thorized by the National Capital Revitalization and Self-
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1 Government Improvement Act of 1997, $173,396,000, of 

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

3 relating to the implementation of the Court Services and 

4 Offender Supervision Agency Interstate Supervision Act of 

5 2002, of which not to exceed $2,000 is for official receptions 

6 and representation expenses related to Community and Pre7 trial Services Agency Programs; of which $110,775,000 

8 shall be for necessary expenses of Community Supervision 

9 and Sex Offender Registration, to include expenses relating 

10 to the supervision of adults subject to protection orders or 

11 the provision of services for or related to such persons; of 

12 which $25,210,000 shall be transferred to the Public De13 fender Service for the District of Columbia to include ex14 penses relating to the provision of legal representation and 

15 including related services provided to the local courts and 

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

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

18 notwithstanding any other provision of law, all amounts 

19 under this heading shall be apportioned quarterly by the 

20 Office of Management and Budget and obligated and ex21 pended in the same manner as funds appropriated for sala22 ries and expenses of other Federal agencies: Provided fur23 ther, That notwithstanding chapter 33 of title 40, United 

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

25 condemnation, or donation, and renovate as necessary, 
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1 Building Number 17, 1900 Massachusetts Avenue, South2 east, Washington, District of Columbia to house or supervise 

3 offenders and defendants, with funds made available for this 

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

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

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

7 offender and defendant programs, and equipment and voca8 tional training services to educate and train offenders and 

9 defendants: Provided further, That the Director shall keep 

10 accurate and detailed records of the acceptance and use of 

11 any gift or donation under the previous proviso, and shall 

12 make such records available for audit and public inspection: 

13 Provided further, That the Director is authorized to accept 

14 appropriation reimbursements from the District of Colum15 bia Government for space and services provided on a cost 

16 reimbursable basis: Provided further, That these reimburse17 ments are subject to approved apportionments from the Of18 fice of Management and Budget. 

19 FEDERAL PAYMENT TO THE CHIEF FINANCIAL OFFICER

20 OF THE DISTRICT OF COLUMBIA

21 For a Federal payment to the Chief Financial Officer 

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

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

24 amounts specified in the statement of the managers on the 

25 conference report accompanying this Act: Provided further, 
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1 That each entity that receives funding under this heading 

2 shall submit to the Committees on Appropriations of the 

3 House of Representatives and Senate a report due March 

4 15, 2004, on the activities carried out with such funds. 

5 FEDERAL PAYMENTFOR TRANSPORTATION ASSISTANCE

6 For a Federal payment to the District of Columbia 

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

8 $500,000 shall be allocated to implement a downtown 

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

10 to offset a portion of the District of Columbia’s allocated 

11 operating subsidy payment to the Washington Metropolitan 

12 Area Transit Authority. 

13 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

14 WATER AND SEWER AUTHORITY

15 For a Federal payment to the District of Columbia 

16 Water and Sewer Authority, $25,000,000, to remain avail17 able until expended, to continue implementing the Com18 bined Sewer Overflow Long-Term Control Plan: Provided, 

19 That the District of Columbia Water and Sewer Authority 

20 provides a 100 percent match for the fiscal year 2004 Fed21 eral contribution. 

22 FEDERAL PAYMENTFOR THE ANACOSTIA WATERFRONT

23 INITIATIVE IN THE DISTRICT OF COLUMBIA

24 For a Federal payment to the District of Columbia 

25 Department of Transportation, for implementation of the 
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1 Anacostia Waterfront Initiative, $6,000,000, to remain 

2 available until expended. 

3 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR

4 CAPITAL DEVELOPMENT

5 For a Federal payment to the District of Columbia 

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

7 until expended, for the Unified Communications Center. 

8 FEDERAL PAYMENTTO CHILDREN’S NATIONAL MEDICAL

9 CENTER

10 For a Federal payment to Children’s National Medical 

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

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

13 care unit, and cardiac intensive care unit. 

14 FEDERAL PAYMENTTO ST. COLETTA OF GREATER

15 WASHINGTON EXPANSION PROJECT

16 For a Federal payment to St. Coletta of Greater Wash17 ington, Inc., $2,000,000, for costs associated with establish18 ment of a day program and comprehensive case manage19 ment services for mentally retarded and multiple-handi20 capped adolescents and adults in the District of Columbia, 

21 including property acquisition and construction. 

22 FEDERAL PAYMENTFOR FOSTER CARE IMPROVEMENTS IN

23 THE DISTRICT OF COLUMBIA

24 For a Federal payment to the District of Columbia 

25 for foster care improvements, $14,000,000: Provided, That 
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1 $9,000,000 shall be for the Child and Family Services Agen2 cy, of which $2,000,000 shall be to establish an early inter3 vention unit to provide intensive and immediate services 

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

5 an emergency support fund to purchase items necessary to 

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

7 member; of which $3,000,000 shall be for a loan repayment 

8 program for social workers who meet certain agency-estab9 lished requirements; of which $3,000,000 shall be to upgrade 

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

11 and to provide computer technology for social workers: Pro12 vided further, That $3,900,000 shall be for the Department 

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

14 assessments and treatments for children under the super15 vision of the Child and Family Services Agency: Provided 

16 further, That the Director of the Department of Mental 

17 Health shall ensure that court-ordered mental health assess18 ments are completed within 15 days of the court order and 

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

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

21 Director shall initiate court-ordered mental health services 

22 within 10 days of the issuance of an order: Provided fur23 ther, That $1,100,000 shall be for the Washington Metro24 politan Council of Governments to develop a program to 

25 provide respite care for and recruitment of foster parents: 
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1 Provided further, That the Mayor shall submit a detailed 

2 expenditure plan for the use of funds provided under this 

3 heading within 15 days of enactment of this legislation to 

4 the Committees on Appropriations of the House of Rep5 resentatives and Senate: Provided further, That the funds 

6 provided under this heading shall not be made available 

7 until 30 calendar days after the submission to Congress of 

8 a spending plan: Provided further, That no part of this ap9 propriation may be used for contractual community-based 

10 services: Provided further, That the Comptroller General 

11 shall prepare and submit to the Committees on Appropria12 tions of the House and Senate an accounting of all obliga13 tions and expenditures of the funds provided under this 

14 heading: Provided further, That the Comptroller General 

15 shall initiate management reviews of the Child and Family 

16 Services Agency and the Department of Mental Health and 

17 submit a report to the Committees on Appropriations of the 

18 House and Senate no later than 6 months after enactment 

19 of this Act. 

20 FEDERAL PAYMENTFOR SCHOOL IMPROVEMENT

21 For a Federal payment for a School Improvement Pro22 gram in the District of Columbia, $27,000,000, to be allo23 cated as follows: for the State Education Office, $13,000,000 

24 to improve public school education in the District of Colum-
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1 bia; for the State Education Office, $13,000,000 to expand 

2 quality charter schools in the District of Columbia. 

3 AUTHORIZATION OF APPROPRIATIONS

4 There are authorized to be appropriated to carry out 

5 this Act such sums as may be necessary. 

6 TITLE II—DISTRICT OF COLUMBIA FUNDS 

7 OPERATING EXPENSES 

8 DIVISION OF EXPENSES

9 The following amounts are appropriated for the Dis10 trict of Columbia for the current fiscal year out of the gen11 eral fund of the District of Columbia, except as otherwise 

12 specifically provided: Provided, That notwithstanding any 

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

14 of the District of Columbia Home Rule Act and provisions 

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

16 amount appropriated in this Act for operating expenses for 

17 the District of Columbia for fiscal year 2004 under this 

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

19 revenues of the District of Columbia for such fiscal year 

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

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

22 in the fiscal year 2002 comprehensive annual financial re23 port as the District of Columbia’s fund balance funds), 

24 $1,568,734,000 shall be from Federal grant funds, 

25 $13,766,000 shall be from private funds, $910,904,000 shall 
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1 be from other funds) and $109,500,000 from funds pre2 viously appropriated in this Act as Federal payments: Pro3 vided further, That an amount of $263,759,000 shall be for 

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

5 may be increased by proceeds of one-time transactions, 

6 which are expended for emergency or unanticipated oper7 ating or capital needs: Provided further, That such in8 creases shall be approved by enactment of local District law 

9 and shall comply with all reserve requirements contained 

10 in the District of Columbia Home Rule Act: Provided fur11 ther, That the Chief Financial Officer of the District of Co12 lumbia shall take such steps as are necessary to assure that 

13 the District of Columbia meets these requirements, includ14 ing the apportioning by the Chief Financial Officer of the 

15 appropriations and funds made available to the District 

16 during fiscal year 2004, except that the Chief Financial Of17 ficer may not reprogram for operating expenses any funds 

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

19 capital projects. 

20 GOVERNMENTAL DIRECTION AND SUPPORT

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

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

23 Federal funds, and $20,150,000 from other funds), in addi24 tion, $20,000,000 from funds previously appropriated in 

25 this Act under the heading ‘‘Federal Payment to the Chief 
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1 Financial Officer of the District of Columbia’’, and 

2 $1,100,000 from funds previously appropriated in this Act 

3 under the heading ‘‘Federal Payment for Foster Care Im4 provement in the District of Columbia’’: Provided, That not 

5 to exceed $2,500 for the Mayor, $2,500 for the Chairman 

6 of the Council of the District of Columbia, $2,500 for the 

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

8 Financial Officer shall be available from this appropriation 

9 for official purposes: Provided further, That any program 

10 fees collected from the issuance of debt shall be available 

11 for the payment of expenses of the debt management pro12 gram of the District of Columbia: Provided further, That 

13 no revenues from Federal sources shall be used to support 

14 the operations or activities of the Statehood Commission 

15 and Statehood Compact Commission: Provided further, 

16 That the District of Columbia shall identify the sources of 

17 funding for Admission to Statehood from its own locally 

18 generated revenues: Provided further, That notwithstanding 

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

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

21 delegated small purchase authority shall be $500,000: Pro22 vided further, That the District of Columbia government 

23 may not require the Office of the Chief Technology Officer 

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

25 obtain the approval of or be restricted in any manner by 
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1 any official or employee of the District of Columbia govern2 ment, for purchases that do not exceed $500,000: Provided 

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

4 in the Antifraud Fund established pursuant to section 820 

5 of the District of Columbia Procurement Practices Act of 

6 1985, effective May 8, 1998 (D.C. Law 12–104; D.C. Offi7 cial Code, sec. 2–308.20), is hereby made available, to re8 main available until expended, for the use of the Office of 

9 the Corporation Counsel of the District of Columbia in ac10 cordance with the laws establishing this fund. 

11 ECONOMIC DEVELOPMENTAND REGULATION

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

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

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

15 $132,109,000 from other funds), of which $15,000,000 col16 lected by the District of Columbia in the form of BID tax 

17 revenue shall be paid to the respective BIDs pursuant to 

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

19 11–134; D.C. Official Code, sec. 2–1215.01 et seq.), and the 

20 Business Improvement Districts Amendment Act of 1997 

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

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

23 services provided by the General Services Administration: 

24 Provided further, That Business Improvement Districts 
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1 shall be exempt from taxes levied by the District of Colum2 bia. 

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 funds, $9,000 from private funds, and $18,944,000 from 

7 other funds): Provided, That not to exceed $500,000 shall 

8 be available from this appropriation for the Chief of Police 

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

10 That the Mayor shall reimburse the District of Columbia 

11 National Guard for expenses incurred in connection with 

12 services that are performed in emergencies by the National 

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

14 in amounts that shall be jointly determined and certified 

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

16 Commanding General of the District of Columbia National 

17 Guard: Provided further, That such sums as may be nec18 essary for reimbursement to the District of Columbia Na19 tional Guard under the preceding proviso shall be available 

20 from this appropriation, and the availability of the sums 

21 shall be deemed as constituting payment in advance for 

22 emergency services involved. 
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1 PUBLIC EDUCATION SYSTEM

2 (INCLUDING TRANSFERS OF FUNDS)

3 Public education system, including the development of 

4 national defense education programs, $1,157,841,000 (in5 cluding $962,941,000 from local funds, $156,708,000 from 

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

7 not to exceed $6,816,000, to remain available until ex8 pended, from the Medicaid and Special Education Reform 

9 Fund), in addition, $17,000,000 from funds previously ap10 propriated in this Act under the heading ‘‘Federal Payment 

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

12 previously appropriated in this Act under the heading 

13 ‘‘Federal Payment for School Improvement in the District 

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

15 (1) DISTRICT OF COLUMBIA PUBLIC SCHOOLS.—

16 $870,135,000 (including $738,444,000 from local 

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

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

19 shall be available for District of Columbia Public 

20 Schools: Provided, That notwithstanding any other 

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

22 process and instruments for evaluating District of Co23 lumbia Public School employees shall be a non-nego24 tiable item for collective bargaining purposes: Pro25 vided further, That this appropriation shall not be 
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1 available to subsidize the education of any non2 resident of the District of Columbia at any District 

3 of Columbia public elementary or secondary school 

4 during fiscal year 2004, unless the nonresident pays 

5 tuition to the District of Columbia at a rate that cov6 ers 100 percent of the costs incurred by the District 

7 of Columbia that are attributable to the education of 

8 the nonresident (as established by the Superintendent 

9 of the District of Columbia Public Schools): Provided 

10 further, That notwithstanding the amounts otherwise 

11 provided under this heading or any other provision of 

12 law, there shall be appropriated to the District of Co13 lumbia Public Schools on July 1, 2004, an amount 

14 equal to 10 percent of the total amount provided for 

15 the District of Columbia Public Schools in the pro16 posed budget of the District of Columbia for fiscal 

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

18 of such payment shall be chargeable against the final 

19 amount provided for the District of Columbia Public 

20 Schools under the District of Columbia Appropria21 tions Act, 2005: Provided further, That not to exceed 

22 $2,500 for the Superintendent of Schools shall be 

23 available from this appropriation for official pur24 poses: Provided further, That the District of Columbia 

25 Public Schools shall submit to the Board of Education 
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1 by January 1 and July 1 of each year a Schedule A 

2 showing all the current funded positions of the Dis3 trict of Columbia Public Schools, their compensation 

4 levels, and indicating whether the positions are en5 cumbered: Provided further, That the Board of Edu6 cation shall approve or disapprove each Schedule A 

7 within 30 days of its submission and provide the 

8 Council of the District of Columbia a copy of the 

9 Schedule A upon its approval. 

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

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

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

13 funds), in addition, $17,000,000 from funds pre14 viously appropriated in this Act under the heading 

15 ‘‘Federal Payment for Resident Tuition Support’’ 

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

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

18 School Improvement in the District of Columbia’’ 

19 shall be available for the State Education Office: Pro20 vided, That of the amounts provided to the State 

21 Education Office, $500,000 from local funds shall re22 main available until June 30, 2005 for an audit of 

23 the student enrollment of each District of Columbia 

24 Public School and of each District of Columbia public 

25 charter school. 
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1 (3) DISTRICT OF COLUMBIA PUBLIC CHARTER

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

3 available for District of Columbia public charter 

4 schools: Provided, That there shall be quarterly dis5 bursement of funds to the District of Columbia public 

6 charter schools, with the first payment to occur with7 in 15 days of the beginning of the fiscal year: Pro8 vided further, That if the entirety of this allocation 

9 has not been provided as payments to any public 

10 charter school currently in operation through the per 

11 pupil funding formula, the funds shall be available as 

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

13 the Credit Enhancement Revolving Fund established 

14 pursuant to section 603(e) of the Student Loan Mar15 keting Association Reorganization Act of 1996, ap16 proved September 20, 1996 (Public Law 104–208; 110 

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

18 shall be for public education in accordance with sec19 tion 2403(b)(2) of the District of Columbia School Re20 form Act of 1995, approved November 19, 1997 (Pub21 lic Law 105–100, section 172; D.C. Official Code, sec22 tion 38–1804.03(b)(2)): Provided further, That of the 

23 amounts made available to District of Columbia pub24 lic charter schools, $25,000 shall be made available to 

25 the Office of the Chief Financial Officer as authorized 
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1 by section 2403(b)(6) of the District of Columbia 

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

3 38–1804.03(b)(6)): Provided further, That $660,000 of 

4 this amount shall be available to the District of Co5 lumbia Public Charter School Board for administra6 tive costs: Provided further, That notwithstanding the 

7 amounts otherwise provided under this heading or 

8 any other provision of law, there shall be appro9 priated to the District of Columbia public charter 

10 schools on July 1, 2004, an amount equal to 25 per11 cent of the total amount provided for payments to 

12 public charter schools in the proposed budget of the 

13 District of Columbia for fiscal year 2005 (as sub14 mitted to Congress), and the amount of such payment 

15 shall be chargeable against the final amount provided 

16 for such payments under the District of Columbia Ap17 propriations Act, 2005. 

18 (4) UNIVERSITY OF THE DISTRICT OF COLUM19 BIA.—$80,660,000 (including $48,656,000 from local 

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

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

22 shall be available for the University of the District of 

23 Columbia: Provided, That this appropriation shall 

24 not be available to subsidize the education of non25 residents of the District of Columbia at the University 
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1 of the District of Columbia, unless the Board of 

2 Trustees of the University of the District of Columbia 

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

4 a tuition rate schedule that will establish the tuition 

5 rate for nonresident students at a level no lower than 

6 the nonresident tuition rate charged at comparable 

7 public institutions of higher education in the metro8 politan area: Provided further, That notwithstanding 

9 the amounts otherwise provided under this heading or 

10 any other provision of law, there shall be appro11 priated to the University of the District of Columbia 

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

13 the total amount provided for the University of the 

14 District of Columbia in the proposed budget of the 

15 District of Columbia for fiscal year 2005 (as sub16 mitted to Congress), and the amount of such payment 

17 shall be chargeable against the final amount provided 

18 for the University of the District of Columbia under 

19 the District of Columbia Appropriations Act, 2005: 

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

21 President of the University of the District of Colum22 bia shall be available from this appropriation for offi23 cial purposes. 

24 (5) DISTRICT OF COLUMBIA PUBLIC LIBRAR25 IES.—$28,287,000 (including $26,750,000 from local 
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1 funds, $1,000,000 from Federal funds, and $537,000 

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

3 Columbia Public Libraries: Provided, That not to ex4 ceed $2,000 for the Public Librarian shall be avail5 able from this appropriation for official purposes. 

6 (6) COMMISSION ON THE ARTS AND HUMAN7 ITIES.—$2,476,000 (including $1,601,000 from local 

8 funds, $475,000 from Federal funds, and $400,000 

9 from other funds) shall be available for the Commis10 sion on the Arts and Humanities. 

11 HUMAN SUPPORT SERVICES

12 (INCLUDING TRANSFER OF FUNDS)

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

14 $1,030,223,000 from local funds, $1,247,945,000 from Fed15 eral funds, $9,330,000 from private funds, and $24,330,000 

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

17 until expended, shall be available for deposit in the Med18 icaid and Special Education Reform Fund established pur19 suant to the Medicaid and Special Education Reform Fund 

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

21 Law 14–190; D.C. Official Code 4–204.51 et seq.)), in addi22 tion, $12,900,000 from funds previously appropriated in 

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

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

25 That the funds deposited in the Medicaid and Special Edu-
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1 cation Reform Fund are allocated as follows: no more than 

2 $6,816,000 for District of Columbia Public Schools, no more 

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

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

5 and no more than $21,700,000 for the Department of Men6 tal Health: Provided further, That $27,959,000 of this ap7 propriation, to remain available until expended, shall be 

8 available solely for District of Columbia employees’ dis9 ability compensation: Provided further, That $7,500,000 of 

10 this appropriation, to remain available until expended, 

11 shall be deposited in the Addiction Recovery Fund, estab12 lished pursuant to section 5 of the Choice in Drug Treat13 ment Act of 2000 (D.C. Law 13–146; D.C. Official Code, 

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

15 Drug Treatment Choice Program established pursuant to 

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

17 Law 13–146; D.C. Official Code, sec. 7–3003): Provided fur18 ther, That no less than $2,000,000 of this appropriation 

19 shall be available exclusively for the purpose of funding the 

20 pilot substance abuse program for youth ages 14 through 

21 21 years established pursuant to section 4212 of the Pilot 

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

23 14–28; D.C. Official Code, sec. 7–3101): Provided further, 

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

25 until expended, shall be deposited in the Interim Disability 
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1 Assistance Fund established pursuant to section 201 of the 

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

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

4 exclusively for the Interim Disability Assistance program 

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

6 of the District of Columbia Public Assistance Act of 1982 

7 (D.C. Law 13–252; D.C. Official Code, sec. 4–204.07): Pro8 vided further, That no less than $640,531 of this appropria9 tion shall be available exclusively for the purpose of funding 

10 the Burial Assistance Program established by section 1802 

11 of the Burial Assistance Program Reestablishment Act of 

12 1999, effective October 20, 1999 (D.C. Law 13–38; D.C. Of13 ficial Code, section 4–1001). 

14 PUBLIC WORKS

15 Public works, including rental of one passenger-car16 rying vehicle for use by the Mayor and three passenger-car17 rying vehicles for use by the Council of the District of Co18 lumbia and leasing of passenger-carrying vehicles, 

19 $327,046,000 (including $308,028,000 from local funds, 

20 $5,274,000 from Federal funds, and $13,744,000 from other 

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

22 available for collecting ashes or miscellaneous refuse from 

23 hotels and places of business. 
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1 EMERGENCY AND CONTINGENCY RESERVE FUNDS

2 For the emergency reserve fund and the contingency 

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

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

5 amounts from local funds as are necessary to meet the bal6 ance requirements for such funds under such section. 

7 REPAYMENTOF LOANS AND INTEREST

8 For payment of principal, interest, and certain fees 

9 directly resulting from borrowing by the District of Colum10 bia to fund District of Columbia capital projects as author11 ized by sections 462, 475, and 490 of the District of Colum12 bia Home Rule Act (D.C. Official Code, secs. 1–204.62, 1–

13 204.75, and 1–204.90), $311,504,000 from local funds: Pro14 vided, That for equipment leases, the Mayor may finance 

15 $14,300,000 of equipment cost, plus cost of issuance not to 

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

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

18 PAYMENTOF INTEREST ON SHORT-TERM BORROWING

19 For payment of interest on short-term borrowing, 

20 $3,000,000 from local funds. 

21 CERTIFICATES OF PARTICIPATION

22 For principal and interest payments on the District’s 

23 Certificates of Participation, issued to finance the ground 

24 lease underlying the building located at One Judiciary 

25 Square, $4,911,000 from local funds. 
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1 SETTLEMENTS AND JUDGMENTS

2 For making refunds and for the payment of legal set3 tlements or judgments that have been entered against the 

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

5 That this appropriation shall not be construed as modifying 

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

7 WILSON BUILDING

8 For expenses associated with the John A. Wilson 

9 Building, $3,704,000 from local funds. 

10 WORKFORCE INVESTMENTS

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

12 funds, to be transferred by the Mayor of the District of Co13 lumbia within the various appropriation headings in this 

14 Act for which employees are properly payable. 

15 NON-DEPARTMENTAL AGENCY

16 To account for anticipated costs that cannot be allo17 cated to specific agencies during the development of the pro18 posed budget, $19,639,000 (including $11,455,000 from 

19 local funds, and $8,184,000 from other funds) to be trans20 ferred by the Mayor of the District of Columbia within the 

21 various appropriation headings in this Act: Provided, That 

22 $5,000,000 in local funds shall be available to meet contrac23 tual obligations, and $11,455,000 in local funds shall be 

24 for anticipated costs associated with the No Child Left Be25 hind Act. 
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1 EMERGENCY PLANNING AND SECURITY COSTS

2 From funds previously appropriated in this Act under 

3 the heading ‘‘Federal Payment for Emergency Planning 

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

5 $15,000,000. 

6 TRANSPORTATION ASSISTANCE

7 From funds previously appropriated in this Act under 

8 the heading ‘‘Federal Payment for Transportation Assist9 ance’’, $3,500,000. 

10 PAY-AS-YOU-GO CAPITAL

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

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

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

14 Funding Amendment Act of 2003, approved by the Council 

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

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

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

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

19 out the purposes of this Act. 

20 TAX INCREMENT FINANCING PROGRAM

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

22 from local funds. 

23 CASH RESERVE

24 For the cumulative cash reserve established pursuant 

25 to section 202(j)(2) of the District of Columbia Financial 
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1 Responsibility and Management Assistance Act of 1995, ap2 proved April 17, 1995 (Public Law 107–96; D.C. Official 

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

4 funds. 

5 MEDICAID DISALLOWANCE

6 For making refunds associated with disallowed Med7 icaid funding an amount not to exceed $57,000,000 in local 

8 funds to remain available until expended: Provided, That 

9 funds are derived from a transfer from the funds identified 

10 in the fiscal year 2002 comprehensive annual financial re11 port as the District of Columbia’s Grants Disallowance bal12 ance. 

13 ENTERPRISE AND OTHER FUNDS 

14 WATER AND SEWER AUTHORITY

15 For operation of the Water and Sewer Authority, 

16 $259,095,000 from other funds, of which $18,692,000 shall 

17 be apportioned for repayment of loans and interest incurred 

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

19 to the District’s debt service fund). 

20 For construction projects, $199,807,000, to be distrib21 uted as follows: $99,449,000 for the Blue Plains Wastewater 

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

23 $42,047,000 for the combined sewer program, $42,047,000 

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

25 $5,993,000 for the stormwater program, $24,431,000 for the 
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1 water program, and $11,148,000 for the capital equipment 

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

3 appropriated in this Act under the heading ‘‘Federal Pay4 ment to the District of Columbia Water and Sewer Author5 ity’’. 

6 WASHINGTON AQUEDUCT

7 For operation of the Washington Aqueduct, 

8 $55,553,000 from other funds. 

9 STORMWATER PERMIT COMPLIANCE ENTERPRISE FUND

10 For operation of the Stormwater Permit Compliance 

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

12 LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

13 For the Lottery and Charitable Games Enterprise 

14 Fund, established by the District of Columbia Appropria15 tion Act, 1982, for the purpose of implementing the Law 

16 to Legalize Lotteries, Daily Numbers Games, and Bingo 

17 and Raffles for Charitable Purposes in the District of Co18 lumbia (D.C. Law 3–172; D.C. Official Code, sec. 3–1301 

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

20 That the District of Columbia shall identify the source of 

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

22 locally generated revenues: Provided further, That no reve23 nues from Federal sources shall be used to support the oper24 ations or activities of the Lottery and Charitable Games 

25 Control Board. 
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1 SPORTS AND ENTERTAINMENT COMMISSION

2 For the Sports and Entertainment Commission, 

3 $13,979,000 from local funds. 

4 DISTRICT OF COLUMBIA RETIREMENT BOARD

5 For the District of Columbia Retirement Board, estab6 lished pursuant to section 121 of the District of Columbia 

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

8 711), $13,895,000 from the earnings of the applicable retire9 ment funds to pay legal, management, investment, and 

10 other fees and administrative expenses of the District of Co11 lumbia Retirement Board: Provided, That the District of 

12 Columbia Retirement Board shall provide to the Congress 

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

14 report of the allocations of charges by fund and of expendi15 tures of all funds: Provided further, That the District of 

16 Columbia Retirement Board shall provide the Mayor, for 

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

18 itemized accounting of the planned use of appropriated 

19 funds in time for each annual budget submission and the 

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

21 financial report. 

22 WASHINGTON CONVENTION CENTER ENTERPRISE FUND

23 For the Washington Convention Center Enterprise 

24 Fund, $69,742,000 from other funds. 
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1 NATIONAL CAPITAL REVITALIZATION CORPORATION

2 For the National Capital Revitalization Corporation, 

3 $7,849,000 from other funds. 

4 CAPITAL OUTLAY

5 (INCLUDING RESCISSIONS)

6 For construction projects, an increase of 

7 $1,004,796,000, of which $601,708,000 shall be from local 

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

9 from the Rights-of-way funds, $218,880,000 from Federal 

10 funds, and a rescission of $99,884,000 from local funds ap11 propriated under this heading in prior fiscal years, for a 

12 net amount of $904,913,000, to remain available until ex13 pended, in addition, $5,000,000 from funds previously ap14 propriated in this Act under the heading ‘‘Federal Payment 

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

16 $6,000,000 from funds previously appropriated in this Act 

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

18 funds for use of each capital project implementing agency 

19 shall be managed and controlled in accordance with all pro20 cedures and limitations established under the Financial 

21 Management System: Provided further, That all funds pro22 vided by this appropriation title shall be available only for 

23 the specific projects and purposes intended. 
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1 TITLE III GENERAL PROVISIONS 

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

3 within an appropriation for particular purposes or objects 

4 of expenditure, such amount, unless otherwise specified, 

5 shall be considered as the maximum amount that may be 

6 expended for said purpose or object rather than an amount 

7 set apart exclusively therefor. 

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

9 for expenses of travel and for the payment of dues of organi10 zations concerned with the work of the District of Columbia 

11 government, when authorized by the Mayor: Provided, That 

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

13 may be expended with the authorization of the Chairman 

14 of the Council. 

15 SEC. 303. There are appropriated from the applicable 

16 funds of the District of Columbia such sums as may be nec17 essary for making refunds and for the payment of legal set18 tlements or judgments that have been entered against the 

19 District of Columbia government: Provided, That nothing 

20 contained in this section shall be construed as modifying 

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

22 of the District of Columbia Income and Franchise Tax Act 

23 of 1947 (D.C. Official Code, sec. 47–1812.11(c)(3)). 
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1 SEC. 304. No part of any appropriation contained in 

2 this Act shall remain available for obligation beyond the 

3 current fiscal year unless expressly so provided herein. 

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

5 District of Columbia government for the operation of edu6 cational institutions, the compensation of personnel, or for 

7 other educational purposes may be used to permit, encour8 age, facilitate, or further partisan political activities. Noth9 ing herein is intended to prohibit the availability of school 

10 buildings for the use of any community or partisan polit11 ical group during non-school hours. 

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

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

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

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

16 Committees on Appropriations of the House of Representa17 tives and Senate, the Committee on Government Reform of 

18 the House of Representatives, the Committee on Govern19 mental Affairs of the Senate, and the Council of the District 

20 of Columbia, or their duly authorized representative. 

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

22 Act may be used for publicity or propaganda purposes or 

23 implementation of any policy including boycott designed to 

24 support or defeat legislation pending before Congress or any 

25 State legislature. 
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1 SEC. 308. (a) None of the Federal funds provided in 

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

3 any matter. 

4 (b) Nothing in this section may be construed to pro5 hibit any elected official from advocating with respect to 

6 any issue. 

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

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

9 District government agencies, that remain available for ob10 ligation or expenditure in fiscal year 2004, or provided 

11 from any accounts in the Treasury of the United States 

12 derived by the collection of fees available to the agencies 

13 funded by this Act, shall be available for obligation or ex14 penditure for an agency through a reprogramming of funds 

15 which—

16 (1) creates new programs; 

17 (2) eliminates a program, project, or responsi18 bility center; 

19 (3) establishes or changes allocations specifically 

20 denied, limited or increased under this Act; 

21 (4) increases funds or personnel by any means 

22 for any program, project, or responsibility center for 

23 which funds have been denied or restricted; 

24 (5) reestablishes any program or project pre25 viously deferred through reprogramming; 
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1 (6) augments any existing program, project, or 

2 responsibility center through a reprogramming of 

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

4 is less; or 

5 (7) increases by 20 percent or more personnel as6 signed to a specific program, project or responsibility 

7 center, 

8 unless the Committees on Appropriations of the House of 

9 Representatives and Senate are notified in writing 30 days 

10 in advance of the reprogramming. 

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

12 be available for obligation or expenditure for an agency 

13 through a transfer of any local funds from one appropria14 tion heading to another unless the Committees on Appro15 priations of the House of Representatives and Senate are 

16 notified in writing 30 days in advance of the transfer, ex17 cept that in no event may the amount of any funds trans18 ferred exceed 4 percent of the local funds in the appropria19 tion. 

20 SEC. 310. Consistent with the provisions of section 

21 1301(a) of title 31, United States Code, appropriations 

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

23 the appropriations were made except as otherwise provided 

24 by law. 
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1 SEC. 311. Notwithstanding any other provisions of 

2 law, the provisions of the District of Columbia Government 

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

4 139; D.C. Official Code, sec. 1–601.01 et seq.), enacted pur5 suant to section 422(3) of the District of Columbia Home 

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

7 with respect to the compensation of District of Columbia 

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

9 the District of Columbia government shall not be subject 

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

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

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

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

14 Columbia and the Committees on Appropriations of the 

15 House of Representatives and Senate the new fiscal year 

16 2004 revenue estimates as of the end of such quarter. These 

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

18 2005. The officially revised estimates at midyear shall be 

19 used for the midyear report. 

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

21 Columbia government or any agency thereof may be re22 newed or extended without opening that contract to the 

23 competitive bidding process as set forth in section 303 of 

24 the District of Columbia Procurement Practices Act of 1985 

25 (D.C. Law 6–85; D.C. Official Code, sec. 2–303.03), except 
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1 that the District of Columbia government or any agency 

2 thereof may renew or extend sole source contracts for which 

3 competition is not feasible or practical, but only if the deter4 mination as to whether to invoke the competitive bidding 

5 process has been made in accordance with duly promulgated 

6 rules and procedures and has been reviewed and certified 

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

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

9 issued pursuant to the Balanced Budget and Emergency 

10 Deficit Control Act of 1985 after the amounts appropriated 

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

12 been paid to the District of Columbia, the Mayor of the Dis13 trict of Columbia shall pay to the Secretary of the Treasury, 

14 within 15 days after receipt of a request therefor from the 

15 Secretary of the Treasury, such amounts as are sequestered 

16 by the order: Provided, That the sequestration percentage 

17 specified in the order shall be applied proportionately to 

18 each of the Federal appropriation accounts in this Act that 

19 are not specifically exempted from sequestration by such 

20 Act. 

21 (b) For purposes of the Balanced Budget and Emer22 gency Deficit Control Act of 1985, the term ‘‘program, 

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

24 specifically to each account appropriating Federal funds in 

25 this Act, and any sequestration order shall be applied to 
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1 each of the accounts rather than to the aggregate total of 

2 those accounts: Provided, That sequestration orders shall 

3 not be applied to any account that is specifically exempted 

4 from sequestration by the Balanced Budget and Emergency 

5 Deficit Control Act of 1985. 

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

7 government may accept and use a gift or donation during 

8 fiscal year 2004 if—

9 (A) the Mayor approves the acceptance and use 

10 of the gift or donation (except as provided in para11 graph (2) of this subsection); and 

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

13 out its authorized functions or duties. 

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

15 District of Columbia courts may accept and use gifts with16 out prior approval by the Mayor. 

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

18 shall keep accurate and detailed records of the acceptance 

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

20 shall make such records available for audit and public in21 spection. 

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

23 of the District of Columbia government’’ includes an inde24 pendent agency of the District of Columbia. 
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1 (d) This section shall not apply to the District of Co2 lumbia Board of Education, which may, pursuant to the 

3 laws and regulations of the District of Columbia, accept 

4 and use gifts to the public schools without prior approval 

5 by the Mayor. 

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

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

8 for salaries, expenses, or other costs associated with the of9 fices of United States Senator or United States Representa10 tive under section 4(d) of the District of Columbia State11 hood Constitutional Convention Initiatives of 1979 (D.C. 

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

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

14 Act shall be expended for any abortion except where the life 

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

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

17 rape or incest. 

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

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

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

21 D.C. Official Code, sec. 32–701 et seq.) or to otherwise im22 plement or enforce any system of registration of unmarried, 

23 cohabiting couples, including but not limited to registration 

24 for the purpose of extending employment, health, or govern-
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1 mental benefits to such couples on the same basis that such 

2 benefits are extended to legally married couples. 

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

4 this Act, the Mayor, in consultation with the Chief Finan5 cial Officer of the District of Columbia may accept, obligate, 

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

7 the District government that are not reflected in the 

8 amounts appropriated in this Act. 

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

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

11 until—

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

13 Columbia submits to the Council a report setting 

14 forth detailed information regarding such grant; and 

15 (2) the Council within 15 calendar days after re16 ceipt of the report submitted under paragraph (1) has 

17 reviewed and approved the acceptance, obligation, 

18 and expenditure of such grant. 

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

20 general fund or other funds of the District of Columbia gov21 ernment in anticipation of the approval or receipt of a 

22 grant under subsection (b)(2) or in anticipation of the ap23 proval or receipt of a Federal, private, or other grant not 

24 subject to such subsection. 
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1 (d) The Chief Financial Officer of the District of Co2 lumbia shall prepare a quarterly report setting forth de3 tailed information regarding all Federal, private, and other 

4 grants subject to this section. Each such report shall be sub5 mitted to the Council of the District of Columbia and to 

6 the Committees on Appropriations of the House of Rep7 resentatives and Senate not later than 15 days after the 

8 end of the quarter covered by the report. 

9 SEC. 320. (a) Except as otherwise provided in this sec10 tion, none of the funds made available by this Act or by 

11 any other Act may be used to provide any officer or em12 ployee of the District of Columbia with an official vehicle 

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

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

15 purposes of this paragraph, the term ‘‘official duties’’ does 

16 not include travel between the officer’s or employee’s resi17 dence and workplace, except in the case of—

18 (1) an officer or employee of the Metropolitan 

19 Police Department who resides in the District of Co20 lumbia or is otherwise designated by the Chief of the 

21 Department; 

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

23 or employee of the District of Columbia Fire and 

24 Emergency Medical Services Department who resides 
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1 in the District of Columbia and is on call 24 hours 

2 a day; 

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

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

5 of Columbia. 

6 (b) The Chief Financial Officer of the District of Co7 lumbia shall submit by March 1, 2004 an inventory, as of 

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

9 by the District of Columbia government. The inventory 

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

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

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

13 vehicle; annual operating and maintenance costs; current 

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

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

16 employee’s title and resident location. 

17 SEC. 321. No officer or employee of the District of Co18 lumbia government (including any independent agency of 

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

20 Chief Technology Officer, the Office of the Chief Financial 

21 Officer of the District of Columbia, and the Metropolitan 

22 Police Department) may enter into an agreement in excess 

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

24 of any entity of the District government until the officer 

25 or employee has conducted an analysis of how the procure-
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1 ment of the goods and services involved under the applicable 

2 regulations and procedures of the District government 

3 would differ from the procurement of the goods and services 

4 involved under the Federal supply schedule and other appli5 cable regulations and procedures of the General Services Ad6 ministration, including an analysis of any differences in 

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

8 goods or services. 

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

10 be used for purposes of the annual independent audit of 

11 the District of Columbia government for fiscal year 2004 

12 unless—

13 (1) the audit is conducted by the Inspector Gen14 eral of the District of Columbia, in coordination with 

15 the Chief Financial Officer of the District of Colum16 bia, pursuant to section 208(a)(4) of the District of 

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

18 Official Code, sec. 2–302.8); and 

19 (2) the audit includes as a basic financial state20 ment a comparison of audited actual year-end results 

21 with the revenues submitted in the budget document 

22 for such year and the appropriations enacted into law 

23 for such year using the format, terminology, and clas24 sifications contained in the law making the appro25 priations for the year and its legislative history. 
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1 SEC. 323. (a) None of the funds contained in this Act 

2 may be used by the District of Columbia Corporation Coun3 sel or any other officer or entity of the District government 

4 to provide assistance for any petition drive or civil action 

5 which seeks to require Congress to provide for voting rep6 resentation in Congress for the District of Columbia. 

7 (b) Nothing in this section bars the District of Colum8 bia Corporation Counsel from reviewing or commenting on 

9 briefs in private lawsuits, or from consulting with officials 

10 of the District government regarding such lawsuits. 

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

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

13 needles or syringes for the hypodermic injection of any ille14 gal drug. 

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

16 contained in this Act and who carries out any program 

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

18 for such program separately from any funds contained in 

19 this Act. 

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

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

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

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

24 of Columbia government (including any independent agen25 cy of the District of Columbia) who has not filed a certifi-
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1 cation with the Mayor and the Chief Financial Officer of 

2 the District of Columbia that the officer understands the 

3 duties and restrictions applicable to the officer and the offi4 cer’s agency as a result of this Act (and the amendments 

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

6 requested either in the Act or in any of the reports accom7 panying the Act and the deadline by which each report 

8 must be submitted. The Chief Financial Officer of the Dis9 trict of Columbia shall provide to the Committees on Appro10 priations of the House of Representatives and Senate by 

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

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

13 to the Committees. 

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

15 may be used to enact or carry out any law, rule, or regula16 tion to legalize or otherwise reduce penalties associated with 

17 the possession, use, or distribution of any schedule I sub18 stance under the Controlled Substances Act (21 U.S.C. 802) 

19 or any tetrahydrocannabinols derivative. 

20 (b) The Legalization of Marijuana for Medical Treat21 ment Initiative of 1998, also known as Initiative 59, ap22 proved by the electors of the District of Columbia on Novem23 ber 3, 1998, shall not take effect. 

24 SEC. 327. Nothing in this Act may be construed to pre25 vent the Council or Mayor of the District of Columbia from 
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1 addressing the issue of the provision of contraceptive cov2 erage by health insurance plans, but it is the intent of Con3 gress that any legislation enacted on such issue should in4 clude a ‘‘conscience clause’’ which provides exceptions for 

5 religious beliefs and moral convictions. 

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

7 Columbia or the District of Columbia Court of Appeals does 

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

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

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

11 payment, interest shall be assessed against the amount of 

12 the payment which would otherwise be made to take into 

13 account the period which begins on the day after the expira14 tion of such 45-day period and which ends on the day the 

15 Court makes the payment. 

16 (b) A payment described in this subsection is—

17 (1) a payment authorized under section 11–2604 

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

19 representation provided under the District of Colum20 bia Criminal Justice Act); 

21 (2) a payment for counsel appointed in pro22 ceedings in the Family Court of the Superior Court 

23 of the District of Columbia under chapter 23 of title 

24 16, D.C. Official Code; or 
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1 (3) a payment for counsel authorized under sec2 tion 21–2060, D.C. Official Code (relating to rep3 resentation provided under the District of Columbia 

4 Guardianship, Protective Proceedings, and Durable 

5 Power of Attorney Act of 1986). 

6 (c) The chief judges of the Superior Court of the Dis7 trict of Columbia and the District of Columbia Court of 

8 Appeals shall establish standards and criteria for deter9 mining whether vouchers submitted for claims for payments 

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

11 and make such standards and criteria available to attor12 neys who practice before such Courts. 

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

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

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

16 (e) This section shall apply with respect to claims re17 ceived by the Superior Court of the District of Columbia 

18 or the District of Columbia Court of Appeals during fiscal 

19 year 2003 and any subsequent fiscal year. 

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

21 submit to the Committees on Appropriations of the House 

22 of Representatives and Senate, the Committee on Govern23 ment Reform of the House of Representatives, and the Com24 mittee on Governmental Affairs of the Senate quarterly re25 ports addressing the following issues—
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1 (1) crime, including the homicide rate, imple2 mentation of community policing, the number of po3 lice officers on local beats, and the closing down of 

4 open-air drug markets; 

5 (2) access to substance and alcohol abuse treat6 ment, including the number of treatment slots, the 

7 number of people served, the number of people on 

8 waiting lists, and the effectiveness of treatment pro9 grams; 

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

11 offenders, including the number of halfway house es12 capes and steps taken to improve monitoring and su13 pervision of halfway house residents to reduce the 

14 number of escapes to be provided in consultation with 

15 the Court Services and Offender Supervision Agency 

16 for the District of Columbia; 

17 (4) education, including access to special edu18 cation services and student achievement to be pro19 vided in consultation with the District of Columbia 

20 Public Schools and the District of Columbia public 

21 charter schools; 

22 (5) improvement in basic District services, in23 cluding rat control and abatement; 

24 (6) application for and management of Federal 

25 grants, including the number and type of grants for 
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1 which the District was eligible but failed to apply 

2 and the number and type of grants awarded to the 

3 District but for which the District failed to spend the 

4 amounts received; and 

5 (7) indicators of child well-being. 

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

7 date of the enactment of this Act, the Chief Financial Offi8 cer of the District of Columbia shall submit to the appro9 priate committees of Congress, the Mayor, and the Council 

10 of the District of Columbia a revised appropriated funds 

11 operating budget in the format of the budget that the Dis12 trict of Columbia government submitted pursuant to section 

13 442 of the District of Columbia Home Rule Act (D.C. Offi14 cial Code, sec. 1–204.42), for all agencies of the District of 

15 Columbia government for fiscal year 2004 that is in the 

16 total amount of the approved appropriation and that re17 aligns all budgeted data for personal services and other18 than-personal-services, respectively, with anticipated actual 

19 expenditures. 

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

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

22 District of Columbia Commission on Human Rights relat23 ing to docket numbers 93–030–(PA) and 93–031–(PA). 

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

25 in this Act may be transferred to any department, agency, 
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1 or instrumentality of the United States Government, except 

2 pursuant to a transfer made by, or transfer authority pro3 vided in, this Act or any other appropriation Act. 

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

5 claims and judgments, any department, agency, or instru6 mentality of the District government may pay the settle7 ment or judgment of a claim or lawsuit in an amount less 

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

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

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

11 SEC. 334. All funds from the Crime Victims Com12 pensation Fund, established pursuant to section 16 of the 

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

14 Law 11–243; D.C. Official Code, sec. 4–514) (‘‘Compensa15 tion Act’’), that are designated for outreach activities pur16 suant to section 16(d)(2) of the Compensation Act shall be 

17 deposited in the Crime Victims Assistance Fund, established 

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

19 purpose of outreach activities, and shall remain available 

20 until expended. 

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

22 of Columbia Courts shall transfer to the general treasury 

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

24 the Courts in cases charging Driving Under the Influence 

25 and Driving While Impaired. The transferred funds shall 
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1 remain available until expended and shall be used by the 

2 Office of the Corporation Counsel for enforcement and pros3 ecution of District traffic alcohol laws in accordance with 

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

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

6 SEC. 336. From the local funds appropriated under 

7 this Act, any agency of the District government may trans8 fer to the Office of Labor Relations and Collective Bar9 gaining (OLRCB) such amounts as may be necessary to 

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

11 grievances, and dispute resolution, pursuant to an intra12 District agreement with OLRCB. These amounts shall be 

13 available for use by OLRCB to reimburse the cost of pro14 viding the representation. 

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

16 be made available to pay—

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

18 party in an action or an attorney who defends any 

19 action, including an administrative proceeding, 

20 brought against the District of Columbia Public 

21 Schools under the Individuals with Disabilities Edu22 cation Act (20 U.S.C. 1400 et seq.) in excess of $4,000 

23 for that action; or 

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

25 Chief Financial Officer of the District of Columbia 
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1 determines to have a pecuniary interest, either 

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

3 in any special education diagnostic services, schools, 

4 or other special education service providers. 

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

6 of Columbia shall require attorneys in special education 

7 cases brought under the Individuals with Disabilities Act 

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

9 that the attorney or representative rendered any and all 

10 services for which they receive awards, including those re11 ceived under a settlement agreement or as part of an ad12 ministrative proceeding, under the IDEA from the District 

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

14 the Chief Financial Officer of the District of Columbia re15 quire all attorneys in IDEA cases to disclose any financial, 

16 corporate, legal, memberships on boards of directors, or 

17 other relationships with any special education diagnostic 

18 services, schools, or other special education service providers 

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

20 this certification: Provided further, That the Chief Finan21 cial Officer shall prepare and submit quarterly reports to 

22 the Committees on Appropriations of the Senate and the 

23 House of Representatives on the certification of and the 

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

25 including the District of Columbia Public Schools, to attor-
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1 neys in cases brought under IDEA: Provided further, That 

2 the Inspector General of the District of Columbia may con3 duct investigations to determine the accuracy of the certifi4 cations. 

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

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

7 section: 

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

9 COUNSEL; GUARDIAN AD LITEM. 

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

11 there has been no termination or relinquishment of parental 

12 rights with respect to the proposed adoptee or consent to 

13 the proposed adoption by a parent or guardian whose con14 sent is required under D.C. Code section 16–304, the Court 

15 may appoint an attorney to represent such parent or 

16 guardian in the adoption proceeding if the individual is 

17 financially unable to obtain adequate representation. 

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

19 is an attorney to represent the child in an adoption pro20 ceeding. The guardian ad litem shall in general be charged 

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

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

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

24 with D.C. Code section 16–2326.01, except that compensa-
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1 tion in the adoption case shall be subject to the limitation 

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

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

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

5 following new item:

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

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

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

8 percent to an account for unanticipated growth in revenue 

9 collections. 

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

11 may obligate or expend these amounts only in accordance 

12 with the following conditions: 

13 (1) CERTIFICATION BY THE CHIEF FINANCIAL

14 OFFICER.—The Chief Financial Officer of the District 

15 of Columbia shall certify that anticipated revenue col16 lections support an increase in Other Type authority 

17 in the amount request. 

18 (2) NOTICE REQUIREMENT.—The amounts may 

19 be obligated or expended only if the Mayor notifies the 

20 Committees on Appropriations of the House of Rep21 resentatives and the Senate in writing 30 days in ad22 vance of any obligation or expenditure. 

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

24 may be increased by no more than $15,000,000 from funds 
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1 identified in the comprehensive annual financial report as 

2 the District’s fund balance. 

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

4 may obligate or expend these amounts only in accordance 

5 with the following conditions: 

6 (1) CERTIFICATION BY THE CHIEF FINANCIAL

7 OFFICER.—The Chief Financial Officer of the District 

8 of Columbia shall certify that the use of any such 

9 amounts is not anticipated to have a negative impact 

10 on the District of Columbia’s long-term financial, fis11 cal, and economic vitality. 

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

13 only use these funds for the following expenditures: 

14 (A) Unanticipated one-time expenditures; 

15 (B) To address potential deficits; 

16 (C) Debt reduction; 

17 (D) Unanticipated program needs; or 

18 (E) To cover revenue shortfalls. 

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

20 or expended in accordance with laws enacted by the 

21 Council in support of each such obligation or expendi22 ture. 

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

24 used to fund the agencies of the District of Columbia 

25 government under court-ordered receivership. 
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1 (5) NOTICE REQUIREMENT.—The amounts may 

2 be obligated or expended only if the Mayor notifies the 

3 Committees on Appropriations of the House of Rep4 resentatives and the Senate in writing 30 days in ad5 vance of any obligation or expenditure. 

6 (6) AVAILABILITY OF FUNDS.—Funds made 

7 available pursuant to this section shall remain avail8 able until expended. 

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

10 Appropriations Act, 2004’’.

Passed the House of Representatives September 9, 

2003. 

Attest: JEFF TRANDAHL, 

Clerk. 

Passed the Senate November 18, 2003. 

Attest: EMILY J. REYNOLDS, 

Secretary.