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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2765 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                     November 18, 2003.
    Resolved, That the bill from the House of Representatives (H.R. 
2765) entitled ``An Act making appropriations for the government of the 
District of Columbia and other activities chargeable in whole or in 
part against the revenues of said District for the fiscal year ending 
September 30, 2004, and for other purposes.'', do pass with the 
following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the District of Columbia and 
related agencies for the fiscal year ending September 30, 2004, and for 
other purposes, namely:

                         TITLE I--FEDERAL FUNDS

              Federal Payment for Resident Tuition Support

    For a Federal payment to the District of Columbia, to be deposited 
into a dedicated account, for a nationwide program to be administered 
by the Mayor, for District of Columbia resident tuition support, 
$17,000,000, to remain available until expended: Provided, That such 
funds, including any interest accrued thereon, may be used on behalf of 
eligible District of Columbia residents to pay an amount based upon the 
difference between in-State and out-of-State tuition at public 
institutions of higher education, or to pay up to $2,500 each year at 
eligible private institutions of higher education: Provided further, 
That the awarding of such funds may be prioritized on the basis of a 
resident's academic merit, the income and need of eligible students and 
such other factors as may be authorized: Provided further, That the 
District of Columbia government shall maintain a dedicated account for 
the Resident Tuition Support Program that shall consist of the Federal 
funds appropriated to the Program in this Act and any subsequent 
appropriations, any unobligated balances from prior fiscal years, and 
any interest earned in this or any fiscal year: Provided further, That 
the account shall be under the control of the District of Columbia 
Chief Financial Officer who shall use those funds solely for the 
purposes of carrying out the Resident Tuition Support Program: Provided 
further, That the Resident Tuition Support Program Office and the 
Office of the Chief Financial Officer shall provide a quarterly 
financial report to the Committees on Appropriations of the House of 
Representatives and Senate for these funds showing, by object class, 
the expenditures made and the purpose therefor: Provided further, That 
not more than 7 percent of the total amount appropriated for this 
program may be used for administrative expenses.

   Federal Payment for Emergency Planning and Security Costs in the 
                          District of Columbia

    For necessary expenses, as determined by the Mayor of the District 
of Columbia in written consultation with the elected county or city 
officials of surrounding jurisdictions, $15,000,000, to remain 
available until expended, to reimburse the District of Columbia for the 
costs of public safety expenses related to security events in the 
District of Columbia and for the costs of providing support to respond 
to immediate and specific terrorist threats or attacks in the District 
of Columbia or surrounding jurisdictions: Provided, That any amount 
provided under this heading shall be available only after notice of its 
proposed use has been transmitted by the President to Congress and such 
amount has been apportioned pursuant to chapter 15 of title 31, United 
States Code.

Federal Payment for Hospital Bioterrorism Preparedness in the District 
                              of Columbia

    For a Federal payment to support hospital bioterrorism preparedness 
in the District of Columbia, $10,000,000, of which $7,000,000 shall be 
for the Children's National Medical Center in the District of Columbia 
for the expansion of quarantine facilities and the establishment of a 
decontamination facility, and $3,000,000 shall be for the Washington 
Hospital Center for construction of containment facilities.

           Federal Payment to the District of Columbia Courts

    For salaries and expenses for the District of Columbia Courts, 
$172,104,000, to be allocated as follows: for the District of Columbia 
Court of Appeals, $8,775,000, of which not to exceed $1,500 is for 
official reception and representation expenses; for the District of 
Columbia Superior Court, $83,387,000, of which not to exceed $1,500 is 
for official reception and representation expenses; for the District of 
Columbia Court System, $40,006,000, of which not to exceed $1,500 is 
for official reception and representation expenses; and $39,936,000 for 
capital improvements for District of Columbia courthouse facilities: 
Provided, That funds made available for capital improvements shall be 
expended consistent with the General Services Administration master 
plan study and building evaluation report: Provided further, That 
notwithstanding any other provision of law, all amounts under this 
heading shall be apportioned quarterly by the Office of Management and 
Budget and obligated and expended in the same manner as funds 
appropriated for salaries and expenses of other Federal agencies, with 
payroll and financial services to be provided on a contractual basis 
with the General Services Administration (GSA), said services to 
include the preparation of monthly financial reports, copies of which 
shall be submitted directly by GSA to the President and to the 
Committees on Appropriations of the House of Representatives and 
Senate, the Committee on Government Reform of the House of 
Representatives, and the Committee on Governmental Affairs of the 
Senate: Provided further, That funds made available for capital 
improvements may remain available until September 30, 2005: Provided 
further, That 30 days after providing written notice to the Committees 
on Appropriations of the House of Representatives and Senate, the 
District of Columbia Courts may reallocate not more than $1,000,000 of 
the funds provided under this heading among the items and entities 
funded under such heading.

            Defender Services in District of Columbia Courts

    For payments authorized under section 11-2604 and section 11-2605, 
D.C. Official Code (relating to representation provided under the 
District of Columbia Criminal Justice Act), payments for counsel 
appointed in adoption proceedings under Chapter 3 of title 16, D.C. 
Code, payments for counsel appointed in proceedings in the Family Court 
of the Superior Court of the District of Columbia under chapter 23 of 
title 16, D.C. Official Code or pursuant to a contract with a non-
profit organization to provide guardian ad litem representation, 
training, technical assistance and such other services as are necessary 
to improve the quality of guardian ad litem representation, and 
payments for counsel authorized under section 21-2060, D.C. Official 
Code (relating to representation provided under the District of 
Columbia Guardianship, Protective Proceedings, and Durable Power of 
Attorney Act of 1986), $32,000,000, to remain available until expended: 
Provided, That funds provided under this heading shall be administered 
by the Joint Committee on Judicial Administration in the District of 
Columbia: Provided further, That notwithstanding any other provision of 
law, this appropriation shall be apportioned quarterly by the Office of 
Management and Budget and obligated and expended in the same manner as 
funds appropriated for expenses of other Federal agencies, with payroll 
and financial services to be provided on a contractual basis with the 
General Services Administration (GSA), said services to include the 
preparation of monthly financial reports, copies of which shall be 
submitted directly by GSA to the President and to the Committees on 
Appropriations of the House of Representatives and Senate, the 
Committee on Government Reform of the House of Representatives, and the 
Committee on Governmental Affairs of the Senate.

 Federal Payment to the Court Services and Offender Supervision Agency 
                      for the District of Columbia

                     (including transfer of funds)

    For salaries and expenses, including the transfer and hire of motor 
vehicles, of the Court Services and Offender Supervision Agency for the 
District of Columbia, and the Public Defender Service for the District 
of Columbia as authorized by the National Capital Revitalization and 
Self-Government Improvement Act of 1997, $173,396,000, of which not to 
exceed $25,000 is for dues and assessments relating to the 
implementation of the Court Services and Offender Supervision Agency 
Interstate Supervision Act of 2002, of which not to exceed $2,000 is 
for official receptions and representation expenses related to 
Community and Pretrial Services Agency Programs; of which $110,775,000 
shall be for necessary expenses of Community Supervision and Sex 
Offender Registration, to include expenses relating to the supervision 
of adults subject to protection orders or the provision of services for 
or related to such persons; of which $25,210,000 shall be transferred 
to the Public Defender Service for the District of Columbia to include 
expenses relating to the provision of legal representation and 
including related services provided to the local courts and Criminal 
Justice Act bar; and of which $37,411,000 shall be available to the 
Pretrial Services Agency: Provided, That notwithstanding any other 
provision of law, all amounts under this heading shall be apportioned 
quarterly by the Office of Management and Budget and obligated and 
expended in the same manner as funds appropriated for salaries and 
expenses of other Federal agencies: Provided further, That 
notwithstanding chapter 33 of title 40, United States Code, the 
Director shall acquire by purchase, lease, condemnation, or donation, 
and renovate as necessary, Building Number 17, 1900 Massachusetts 
Avenue, Southeast, Washington, District of Columbia to house or 
supervise offenders and defendants, with funds made available for this 
purpose in Public Law 107-96: Provided further, That the Director is 
authorized to accept and use gifts in the form of in-kind contributions 
of space and hospitality to support offender and defendant programs, 
and equipment and vocational training services to educate and train 
offenders and defendants: Provided further, That the Director shall 
keep accurate and detailed records of the acceptance and use of any 
gift or donation under the previous proviso, and shall make such 
records available for audit and public inspection: Provided further, 
That the Director is authorized to accept appropriation reimbursements 
from the District of Columbia Government for space and services 
provided on a cost reimbursable basis: Provided further, That these 
reimbursements are subject to approved apportionments from the Office 
of Management and Budget.

   Federal Payment to the Chief Financial Officer of the District of 
                                Columbia

    For a Federal payment to the Chief Financial Officer of the 
District of Columbia, $33,000,000: Provided, That these funds shall be 
available for the projects and in the amounts specified in the 
statement of the managers on the conference report accompanying this 
Act: Provided further, That each entity that receives funding under 
this heading shall submit to the Committees on Appropriations of the 
House of Representatives and Senate a report due March 15, 2004, on the 
activities carried out with such funds.

             Federal Payment for Transportation Assistance

    For a Federal payment to the District of Columbia Department of 
Transportation, $3,500,000, of which $500,000 shall be allocated to 
implement a downtown circulator transit system, and of which $3,000,000 
shall be to offset a portion of the District of Columbia's allocated 
operating subsidy payment to the Washington Metropolitan Area Transit 
Authority.

 Federal Payment to the District of Columbia Water and Sewer Authority

    For a Federal payment to the District of Columbia Water and Sewer 
Authority, $25,000,000, to remain available until expended, to continue 
implementing the Combined Sewer Overflow Long-Term Control Plan: 
Provided, That the District of Columbia Water and Sewer Authority 
provides a 100 percent match for the fiscal year 2004 Federal 
contribution.

Federal Payment for the Anacostia Waterfront Initiative in the District 
                              of Columbia

    For a Federal payment to the District of Columbia Department of 
Transportation, for implementation of the Anacostia Waterfront 
Initiative, $6,000,000, to remain available until expended.

  Federal Payment to the District of Columbia for Capital Development

    For a Federal payment to the District of Columbia for capital 
development, $5,000,000, to remain available until expended, for the 
Unified Communications Center.

         Federal Payment to Children's National Medical Center

    For a Federal payment to Children's National Medical Center, 
$10,000,000, for construction costs associated with the expansion of a 
neo-natal care unit, pediatric intensive care unit, and cardiac 
intensive care unit.

 Federal Payment to St. Coletta of Greater Washington Expansion Project

    For a Federal payment to St. Coletta of Greater Washington, Inc., 
$2,000,000, for costs associated with establishment of a day program 
and comprehensive case management services for mentally retarded and 
multiple-handicapped adolescents and adults in the District of 
Columbia, including property acquisition and construction.

    Federal Payment for Foster Care Improvements in the District of 
                                Columbia

    For a Federal payment to the District of Columbia for foster care 
improvements, $14,000,000: Provided, That $9,000,000 shall be for the 
Child and Family Services Agency, of which $2,000,000 shall be to 
establish an early intervention unit to provide intensive and immediate 
services for foster children; of which $1,000,000 shall be to establish 
an emergency support fund to purchase items necessary to allow children 
to remain in the care of an approved family member; of which $3,000,000 
shall be for a loan repayment program for social workers who meet 
certain agency-established requirements; of which $3,000,000 shall be 
to upgrade the agency's computer database to a web-based technology and 
to provide computer technology for social workers: Provided further, 
That $3,900,000 shall be for the Department of Mental Health to provide 
all court-ordered mental health assessments and treatments for children 
under the supervision of the Child and Family Services Agency: Provided 
further, That the Director of the Department of Mental Health shall 
ensure that court-ordered mental health assessments are completed 
within 15 days of the court order and that all assessments be provided 
to the Court within 5 days of completion of the assessment: Provided 
further, That the Director shall initiate court-ordered mental health 
services within 10 days of the issuance of an order: Provided further, 
That $1,100,000 shall be for the Washington Metropolitan Council of 
Governments to develop a program to provide respite care for and 
recruitment of foster parents: Provided further, That the Mayor shall 
submit a detailed expenditure plan for the use of funds provided under 
this heading within 15 days of enactment of this legislation to the 
Committees on Appropriations of the House of Representatives and 
Senate: Provided further, That the funds provided under this heading 
shall not be made available until 30 calendar days after the submission 
to Congress of a spending plan: Provided further, That no part of this 
appropriation may be used for contractual community-based services: 
Provided further, That the Comptroller General shall prepare and submit 
to the Committees on Appropriations of the House and Senate an 
accounting of all obligations and expenditures of the funds provided 
under this heading: Provided further, That the Comptroller General 
shall initiate management reviews of the Child and Family Services 
Agency and the Department of Mental Health and submit a report to the 
Committees on Appropriations of the House and Senate no later than 6 
months after enactment of this Act.

                 Federal Payment for School Improvement

    For a Federal payment for a School Improvement Program in the 
District of Columbia, $27,000,000, to be allocated as follows: for the 
State Education Office, $13,000,000 to improve public school education 
in the District of Columbia; for the State Education Office, 
$13,000,000 to expand quality charter schools in the District of 
Columbia.

                    Authorization of Appropriations

    There are authorized to be appropriated to carry out this Act such 
sums as may be necessary.

                  TITLE II--DISTRICT OF COLUMBIA FUNDS

                           OPERATING EXPENSES

                          Division of Expenses

    The following amounts are appropriated for the District of Columbia 
for the current fiscal year out of the general fund of the District of 
Columbia, except as otherwise specifically provided: Provided, That 
notwithstanding any other provision of law, except as provided in 
section 450A of the District of Columbia Home Rule Act and provisions 
of this Act (D.C. Official Code, sec. 1-204.50a), the total amount 
appropriated in this Act for operating expenses for the District of 
Columbia for fiscal year 2004 under this heading shall not exceed the 
lesser of the sum of the total revenues of the District of Columbia for 
such fiscal year or $6,326,138,000 (of which $3,832,734,000 shall be 
from local funds (of which $96,248,000 shall be funds identified in the 
fiscal year 2002 comprehensive annual financial report as the District 
of Columbia's fund balance funds), $1,568,734,000 shall be from Federal 
grant funds, $13,766,000 shall be from private funds, $910,904,000 
shall be from other funds) and $109,500,000 from funds previously 
appropriated in this Act as Federal payments: Provided further, That an 
amount of $263,759,000 shall be for Intra-District funds: Provided 
further, That this amount may be increased by proceeds of one-time 
transactions, which are expended for emergency or unanticipated 
operating or capital needs: Provided further, That such increases shall 
be approved by enactment of local District law and shall comply with 
all reserve requirements contained in the District of Columbia Home 
Rule Act: Provided further, That the Chief Financial Officer of the 
District of Columbia shall take such steps as are necessary to assure 
that the District of Columbia meets these requirements, including the 
apportioning by the Chief Financial Officer of the appropriations and 
funds made available to the District during fiscal year 2004, except 
that the Chief Financial Officer may not reprogram for operating 
expenses any funds derived from bonds, notes, or other obligations 
issued for capital projects.

                   Governmental Direction and Support

    Governmental direction and support, $284,415,000 (including 
$206,825,000 from local funds, $57,440,000 from Federal funds, and 
$20,150,000 from other funds), in addition, $20,000,000 from funds 
previously appropriated in this Act under the heading ``Federal Payment 
to the Chief Financial Officer of the District of Columbia'', and 
$1,100,000 from funds previously appropriated in this Act under the 
heading ``Federal Payment for Foster Care Improvement in the District 
of Columbia'': Provided, That not to exceed $2,500 for the Mayor, 
$2,500 for the Chairman of the Council of the District of Columbia, 
$2,500 for the City Administrator, and $2,500 for the Office of the 
Chief Financial Officer shall be available from this appropriation for 
official purposes: Provided further, That any program fees collected 
from the issuance of debt shall be available for the payment of 
expenses of the debt management program of the District of Columbia: 
Provided further, That no revenues from Federal sources shall be used 
to support the operations or activities of the Statehood Commission and 
Statehood Compact Commission: Provided further, That the District of 
Columbia shall identify the sources of funding for Admission to 
Statehood from its own locally generated revenues: Provided further, 
That notwithstanding any other provision of law, or Mayor's Order 86-
45, issued March 18, 1986, the Office of the Chief Technology Officer's 
delegated small purchase authority shall be $500,000: Provided further, 
That the District of Columbia government may not require the Office of 
the Chief Technology Officer to submit to any other procurement review 
process, or to obtain the approval of or be restricted in any manner by 
any official or employee of the District of Columbia government, for 
purchases that do not exceed $500,000: Provided further, That an amount 
not to exceed $25,000 of the funds in the Antifraud Fund established 
pursuant to section 820 of the District of Columbia Procurement 
Practices Act of 1985, effective May 8, 1998 (D.C. Law 12-104; D.C. 
Official Code, sec. 2-308.20), is hereby made available, to remain 
available until expended, for the use of the Office of the Corporation 
Counsel of the District of Columbia in accordance with the laws 
establishing this fund.

                  Economic Development and Regulation

    Economic development and regulation, $276,647,000 (including 
$53,336,000 from local funds, $91,077,000 from Federal funds, $125,000 
from private funds, and $132,109,000 from other funds), of which 
$15,000,000 collected by the District of Columbia in the form of BID 
tax revenue shall be paid to the respective BIDs pursuant to the 
Business Improvement Districts Act of 1996 (D.C. Law 11-134; D.C. 
Official Code, sec. 2-1215.01 et seq.), and the Business Improvement 
Districts Amendment Act of 1997 (D.C. Law 12-26; D.C. Official Code, 
sec. 2-1215.15 et seq.): Provided, That such funds are available for 
acquiring services provided by the General Services Administration: 
Provided further, That Business Improvement Districts shall be exempt 
from taxes levied by the District of Columbia.

                       Public Safety and Justice

    Public safety and justice, $745,958,000 (including $716,715,000 
from local funds, $10,290,000 from Federal funds, $9,000 from private 
funds, and $18,944,000 from other funds): Provided, That not to exceed 
$500,000 shall be available from this appropriation for the Chief of 
Police for the prevention and detection of crime: Provided further, 
That the Mayor shall reimburse the District of Columbia National Guard 
for expenses incurred in connection with services that are performed in 
emergencies by the National Guard in a militia status and are requested 
by the Mayor, in amounts that shall be jointly determined and certified 
as due and payable for these services by the Mayor and the Commanding 
General of the District of Columbia National Guard: Provided further, 
That such sums as may be necessary for reimbursement to the District of 
Columbia National Guard under the preceding proviso shall be available 
from this appropriation, and the availability of the sums shall be 
deemed as constituting payment in advance for emergency services 
involved.

                        Public Education System

                     (including transfers of funds)

    Public education system, including the development of national 
defense education programs, $1,157,841,000 (including $962,941,000 from 
local funds, $156,708,000 from Federal grant funds, $4,302,000 from 
private funds, and not to exceed $6,816,000, to remain available until 
expended, from the Medicaid and Special Education Reform Fund), in 
addition, $17,000,000 from funds previously appropriated in this Act 
under the heading ``Federal Payment for Resident Tuition Support'' and 
$26,000,000 from funds previously appropriated in this Act under the 
heading ``Federal Payment for School Improvement in the District of 
Columbia'', to be allocated as follows:
            (1) District of columbia public schools.--$870,135,000 
        (including $738,444,000 from local funds, $114,749,000 from 
        Federal funds, $3,599,000 from private funds, and $6,527,000 
        from other funds shall be available for District of Columbia 
        Public Schools: Provided, That notwithstanding any other 
        provision of law, rule, or regulation, the evaluation process 
        and instruments for evaluating District of Columbia Public 
        School employees shall be a non-negotiable item for collective 
        bargaining purposes: Provided further, That this appropriation 
        shall not be available to subsidize the education of any 
        nonresident of the District of Columbia at any District of 
        Columbia public elementary or secondary school during fiscal 
        year 2004, unless the nonresident pays tuition to the District 
        of Columbia at a rate that covers 100 percent of the costs 
        incurred by the District of Columbia that are attributable to 
        the education of the nonresident (as established by the 
        Superintendent of the District of Columbia Public Schools): 
        Provided further, That notwithstanding the amounts otherwise 
        provided under this heading or any other provision of law, 
        there shall be appropriated to the District of Columbia Public 
        Schools on July 1, 2004, an amount equal to 10 percent of the 
        total amount provided for the District of Columbia Public 
        Schools in the proposed budget of the District of Columbia for 
        fiscal year 2005 (as submitted to Congress), and the amount of 
        such payment shall be chargeable against the final amount 
        provided for the District of Columbia Public Schools under the 
        District of Columbia Appropriations Act, 2005: Provided 
        further, That not to exceed $2,500 for the Superintendent of 
        Schools shall be available from this appropriation for official 
        purposes: Provided further, That the District of Columbia 
        Public Schools shall submit to the Board of Education by 
        January 1 and July 1 of each year a Schedule A showing all the 
        current funded positions of the District of Columbia Public 
        Schools, their compensation levels, and indicating whether the 
        positions are encumbered: Provided further, That the Board of 
        Education shall approve or disapprove each Schedule A within 30 
        days of its submission and provide the Council of the District 
        of Columbia a copy of the Schedule A upon its approval.
            (2) State education office.--$38,752,000 (including 
        $9,959,000 from local funds, $28,617,000 from Federal grant 
        funds, and $176,000 from other funds), in addition, $17,000,000 
        from funds previously appropriated in this Act under the 
        heading ``Federal Payment for Resident Tuition Support'' and 
        $26,000,000 from funds previously appropriated in this Act 
        under the heading ``Federal Payment for School Improvement in 
        the District of Columbia'' shall be available for the State 
        Education Office: Provided, That of the amounts provided to the 
        State Education Office, $500,000 from local funds shall remain 
        available until June 30, 2005 for an audit of the student 
        enrollment of each District of Columbia Public School and of 
        each District of Columbia public charter school.
            (3) District of columbia public charter schools.--
        $137,531,000 from local funds shall be available for District 
        of Columbia public charter schools: Provided, That there shall 
        be quarterly disbursement of funds to the District of Columbia 
        public charter schools, with the first payment to occur within 
        15 days of the beginning of the fiscal year: Provided further, 
        That if the entirety of this allocation has not been provided 
        as payments to any public charter school currently in operation 
        through the per pupil funding formula, the funds shall be 
        available as follows: (1) the first $3,000,000 shall be 
        deposited in the Credit Enhancement Revolving Fund established 
        pursuant to section 603(e) of the Student Loan Marketing 
        Association Reorganization Act of 1996, approved September 20, 
        1996 (Public Law 104-208; 110 Stat. 3009; 20 U.S.C. 1155(e)); 
        and (2) the balance shall be for public education in accordance 
        with section 2403(b)(2) of the District of Columbia School 
        Reform Act of 1995, approved November 19, 1997 (Public Law 105-
        100, section 172; D.C. Official Code, section 38-
        1804.03(b)(2)): Provided further, That of the amounts made 
        available to District of Columbia public charter schools, 
        $25,000 shall be made available to the Office of the Chief 
        Financial Officer as authorized by section 2403(b)(6) of the 
        District of Columbia School Reform Act of 1995 (D.C. Official 
        Code, sec. 38-1804.03(b)(6)): Provided further, That $660,000 
        of this amount shall be available to the District of Columbia 
        Public Charter School Board for administrative costs: Provided 
        further, That notwithstanding the amounts otherwise provided 
        under this heading or any other provision of law, there shall 
        be appropriated to the District of Columbia public charter 
        schools on July 1, 2004, an amount equal to 25 percent of the 
        total amount provided for payments to public charter schools in 
        the proposed budget of the District of Columbia for fiscal year 
        2005 (as submitted to Congress), and the amount of such payment 
        shall be chargeable against the final amount provided for such 
        payments under the District of Columbia Appropriations Act, 
        2005.
            (4) University of the district of columbia.--$80,660,000 
        (including $48,656,000 from local funds, $11,867,000 from 
        Federal funds, $703,000 from private funds, and $19,434,000 
        from other funds) shall be available for the University of the 
        District of Columbia: Provided, That this appropriation shall 
        not be available to subsidize the education of nonresidents of 
        the District of Columbia at the University of the District of 
        Columbia, unless the Board of Trustees of the University of the 
        District of Columbia adopts, for the fiscal year ending 
        September 30, 2004, a tuition rate schedule that will establish 
        the tuition rate for nonresident students at a level no lower 
        than the nonresident tuition rate charged at comparable public 
        institutions of higher education in the metropolitan area: 
        Provided further, That notwithstanding the amounts otherwise 
        provided under this heading or any other provision of law, 
        there shall be appropriated to the University of the District 
        of Columbia on July 1, 2004, an amount equal to 10 percent of 
        the total amount provided for the University of the District of 
        Columbia in the proposed budget of the District of Columbia for 
        fiscal year 2005 (as submitted to Congress), and the amount of 
        such payment shall be chargeable against the final amount 
        provided for the University of the District of Columbia under 
        the District of Columbia Appropriations Act, 2005: Provided 
        further, That not to exceed $2,500 for the President of the 
        University of the District of Columbia shall be available from 
        this appropriation for official purposes.
            (5) District of columbia public libraries.--$28,287,000 
        (including $26,750,000 from local funds, $1,000,000 from 
        Federal funds, and $537,000 from other funds) shall be 
        available for the District of Columbia Public Libraries: 
        Provided, That not to exceed $2,000 for the Public Librarian 
        shall be available from this appropriation for official 
        purposes.
            (6) Commission on the arts and humanities.--$2,476,000 
        (including $1,601,000 from local funds, $475,000 from Federal 
        funds, and $400,000 from other funds) shall be available for 
        the Commission on the Arts and Humanities.

                         Human Support Services

                     (including transfer of funds)

    Human support services, $2,360,067,000 (including $1,030,223,000 
from local funds, $1,247,945,000 from Federal funds, $9,330,000 from 
private funds, and $24,330,000 from other funds, of which $48,239,000, 
to remain available until expended, shall be available for deposit in 
the Medicaid and Special Education Reform Fund established pursuant to 
the Medicaid and Special Education Reform Fund Establishment Act of 
2002, effective October 1, 2002 (D.C. Law 14-190; D.C. Official Code 4-
204.51 et seq.)), in addition, $12,900,000 from funds previously 
appropriated in this Act under the heading ``Federal Payment to Foster 
Care Improvement in the District of Columbia'': Provided, That the 
funds deposited in the Medicaid and Special Education Reform Fund are 
allocated as follows: no more than $6,816,000 for District of Columbia 
Public Schools, no more than $18,744,000 for Child and Family Services, 
no more than $7,795,000 for the Department of Human Services, and no 
more than $21,700,000 for the Department of Mental Health: Provided 
further, That $27,959,000 of this appropriation, to remain available 
until expended, shall be available solely for District of Columbia 
employees' disability compensation: Provided further, That $7,500,000 
of this appropriation, to remain available until expended, shall be 
deposited in the Addiction Recovery Fund, established pursuant to 
section 5 of the Choice in Drug Treatment Act of 2000 (D.C. Law 13-146; 
D.C. Official Code, sec. 7-3004) and used exclusively for the purpose 
of the Drug Treatment Choice Program established pursuant to section 4 
of the Choice in Drug Treatment Act of 2000 (D.C. Law 13-146; D.C. 
Official Code, sec. 7-3003): Provided further, That no less than 
$2,000,000 of this appropriation shall be available exclusively for the 
purpose of funding the pilot substance abuse program for youth ages 14 
through 21 years established pursuant to section 4212 of the Pilot 
Substance Abuse Program for Youth Act of 2001 (D.C. Law 14-28; D.C. 
Official Code, sec. 7-3101): Provided further, That $4,500,000 of this 
appropriation, to remain available until expended, shall be deposited 
in the Interim Disability Assistance Fund established pursuant to 
section 201 of the District of Columbia Public Assistance Act of 1982 
(D.C. Law 4-101; D.C. Official Code, sec. 4-202.01), to be used 
exclusively for the Interim Disability Assistance program and the 
purposes for that program set forth in section 407 of the District of 
Columbia Public Assistance Act of 1982 (D.C. Law 13-252; D.C. Official 
Code, sec. 4-204.07): Provided further, That no less than $640,531 of 
this appropriation shall be available exclusively for the purpose of 
funding the Burial Assistance Program established by section 1802 of 
the Burial Assistance Program Reestablishment Act of 1999, effective 
October 20, 1999 (D.C. Law 13-38; D.C. Official Code, section 4-1001).

                              Public Works

    Public works, including rental of one passenger-carrying vehicle 
for use by the Mayor and three passenger-carrying vehicles for use by 
the Council of the District of Columbia and leasing of passenger-
carrying vehicles, $327,046,000 (including $308,028,000 from local 
funds, $5,274,000 from Federal funds, and $13,744,000 from other 
funds): Provided, That this appropriation shall not be available for 
collecting ashes or miscellaneous refuse from hotels and places of 
business.

                Emergency and Contingency Reserve Funds

    For the emergency reserve fund and the contingency reserve fund 
under section 450A of the District of Columbia Home Rule Act (D.C. 
Official Code, sec. 1-204.50a), such amounts from local funds as are 
necessary to meet the balance requirements for such funds under such 
section.

                    Repayment of Loans and Interest

    For payment of principal, interest, and certain fees directly 
resulting from borrowing by the District of Columbia to fund District 
of Columbia capital projects as authorized by sections 462, 475, and 
490 of the District of Columbia Home Rule Act (D.C. Official Code, 
secs. 1-204.62, 1-204.75, and 1-204.90), $311,504,000 from local funds: 
Provided, That for equipment leases, the Mayor may finance $14,300,000 
of equipment cost, plus cost of issuance not to exceed 2 percent of the 
par amount being financed on a lease purchase basis with a maturity not 
to exceed 5 years.

              Payment of Interest on Short-Term Borrowing

    For payment of interest on short-term borrowing, $3,000,000 from 
local funds.

                     Certificates of Participation

    For principal and interest payments on the District's Certificates 
of Participation, issued to finance the ground lease underlying the 
building located at One Judiciary Square, $4,911,000 from local funds.

                       Settlements and Judgments

    For making refunds and for the payment of legal settlements or 
judgments that have been entered against the District of Columbia 
government, $22,522,000: Provided, That this appropriation shall not be 
construed as modifying or affecting the provisions of section 103 of 
this Act.

                            Wilson Building

    For expenses associated with the John A. Wilson Building, 
$3,704,000 from local funds.

                         Workforce Investments

    For workforce investments, $22,308,000 from local funds, to be 
transferred by the Mayor of the District of Columbia within the various 
appropriation headings in this Act for which employees are properly 
payable.

                        Non-Departmental Agency

    To account for anticipated costs that cannot be allocated to 
specific agencies during the development of the proposed budget, 
$19,639,000 (including $11,455,000 from local funds, and $8,184,000 
from other funds) to be transferred by the Mayor of the District of 
Columbia within the various appropriation headings in this Act: 
Provided, That $5,000,000 in local funds shall be available to meet 
contractual obligations, and $11,455,000 in local funds shall be for 
anticipated costs associated with the No Child Left Behind Act.

                 Emergency Planning and Security Costs

    From funds previously appropriated in this Act under the heading 
``Federal Payment for Emergency Planning and Security Costs in the 
District of Columbia'', $15,000,000.

                       Transportation Assistance

    From funds previously appropriated in this Act under the heading 
``Federal Payment for Transportation Assistance'', $3,500,000.

                         Pay-As-You-Go Capital

    For Pay-As-You-Go Capital funds in lieu of capital financing, 
$11,267,000, to be transferred to the Capital Fund, subject to the 
Criteria for Spending Pay-as-You-Go Funding Amendment Act of 2003, 
approved by the Council of the District of Columbia on 1st reading, May 
6, 2003 (Title 25 of Bill 15-218). Pursuant to this Act, there are 
authorized to be transferred from Pay-As-You-Go Capital funds to other 
headings of this Act, as necessary to carry out the purposes of this 
Act.

                    Tax Increment Financing Program

    For a Tax Increment Financing Program, $1,940,000 from local funds.

                              Cash Reserve

    For the cumulative cash reserve established pursuant to section 
202(j)(2) of the District of Columbia Financial Responsibility and 
Management Assistance Act of 1995, approved April 17, 1995 (Public Law 
107-96; D.C. Official Code, section 47-392.02(j)(2)), $50,000,000 from 
local funds.

                         Medicaid Disallowance

    For making refunds associated with disallowed Medicaid funding an 
amount not to exceed $57,000,000 in local funds to remain available 
until expended: Provided, That funds are derived from a transfer from 
the funds identified in the fiscal year 2002 comprehensive annual 
financial report as the District of Columbia's Grants Disallowance 
balance.

                       ENTERPRISE AND OTHER FUNDS

                       Water and Sewer Authority

    For operation of the Water and Sewer Authority, $259,095,000 from 
other funds, of which $18,692,000 shall be apportioned for repayment of 
loans and interest incurred for capital improvement projects 
($18,094,000 and payable to the District's debt service fund).
    For construction projects, $199,807,000, to be distributed as 
follows: $99,449,000 for the Blue Plains Wastewater Treatment Plant, 
$16,739,000 for the sewer program, $42,047,000 for the combined sewer 
program, $42,047,000 for the Combined Sewer Overflow Long-Term Control 
Plan, $5,993,000 for the stormwater program, $24,431,000 for the water 
program, and $11,148,000 for the capital equipment program, in 
addition, $25,000,000 from funds previously appropriated in this Act 
under the heading ``Federal Payment to the District of Columbia Water 
and Sewer Authority''.

                          Washington Aqueduct

    For operation of the Washington Aqueduct, $55,553,000 from other 
funds.

              Stormwater Permit Compliance Enterprise Fund

    For operation of the Stormwater Permit Compliance Enterprise Fund, 
$3,501,000 from other funds.

              Lottery and Charitable Games Enterprise Fund

    For the Lottery and Charitable Games Enterprise Fund, established 
by the District of Columbia Appropriation Act, 1982, for the purpose of 
implementing the Law to Legalize Lotteries, Daily Numbers Games, and 
Bingo and Raffles for Charitable Purposes in the District of Columbia 
(D.C. Law 3-172; D.C. Official Code, sec. 3-1301 et seq. and sec. 22-
1716 et seq.), $242,755,000: Provided, That the District of Columbia 
shall identify the source of funding for this appropriation title from 
the District's own locally generated revenues: Provided further, That 
no revenues from Federal sources shall be used to support the 
operations or activities of the Lottery and Charitable Games Control 
Board.

                  Sports and Entertainment Commission

    For the Sports and Entertainment Commission, $13,979,000 from local 
funds.

                 District of Columbia Retirement Board

    For the District of Columbia Retirement Board, established pursuant 
to section 121 of the District of Columbia Retirement Reform Act of 
1979 (D.C. Official Code, sec. 1-711), $13,895,000 from the earnings of 
the applicable retirement funds to pay legal, management, investment, 
and other fees and administrative expenses of the District of Columbia 
Retirement Board: Provided, That the District of Columbia Retirement 
Board shall provide to the Congress and to the Council of the District 
of Columbia a quarterly report of the allocations of charges by fund 
and of expenditures of all funds: Provided further, That the District 
of Columbia Retirement Board shall provide the Mayor, for transmittal 
to the Council of the District of Columbia, an itemized accounting of 
the planned use of appropriated funds in time for each annual budget 
submission and the actual use of such funds in time for each annual 
audited financial report.

              Washington Convention Center Enterprise Fund

    For the Washington Convention Center Enterprise Fund, $69,742,000 
from other funds.

              National Capital Revitalization Corporation

    For the National Capital Revitalization Corporation, $7,849,000 
from other funds.

                             Capital Outlay

                        (including rescissions)

    For construction projects, an increase of $1,004,796,000, of which 
$601,708,000 shall be from local funds, $46,014,000 from Highway Trust 
funds, $38,311,000 from the Rights-of-way funds, $218,880,000 from 
Federal funds, and a rescission of $99,884,000 from local funds 
appropriated under this heading in prior fiscal years, for a net amount 
of $904,913,000, to remain available until expended, in addition, 
$5,000,000 from funds previously appropriated in this Act under the 
heading ``Federal Payment for Capital Development in the District of 
Columbia'' and $6,000,000 from funds previously appropriated in this 
Act for the ``Anacostia Waterfront Initiative'': Provided, That funds 
for use of each capital project implementing agency shall be managed 
and controlled in accordance with all procedures and limitations 
established under the Financial Management System: Provided further, 
That all funds provided by this appropriation title shall be available 
only for the specific projects and purposes intended.

                      TITLE III GENERAL PROVISIONS

    Sec. 301. Whenever in this Act, an amount is specified within an 
appropriation for particular purposes or objects of expenditure, such 
amount, unless otherwise specified, shall be considered as the maximum 
amount that may be expended for said purpose or object rather than an 
amount set apart exclusively therefor.
    Sec. 302. Appropriations in this Act shall be available for 
expenses of travel and for the payment of dues of organizations 
concerned with the work of the District of Columbia government, when 
authorized by the Mayor: Provided, That in the case of the Council of 
the District of Columbia, funds may be expended with the authorization 
of the Chairman of the Council.
    Sec. 303. There are appropriated from the applicable funds of the 
District of Columbia such sums as may be necessary for making refunds 
and for the payment of legal settlements or judgments that have been 
entered against the District of Columbia government: Provided, That 
nothing contained in this section shall be construed as modifying or 
affecting the provisions of section 11(c)(3) of title XII of the 
District of Columbia Income and Franchise Tax Act of 1947 (D.C. 
Official Code, sec. 47-1812.11(c)(3)).
    Sec. 304. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 305. No funds appropriated in this Act for the District of 
Columbia government for the operation of educational institutions, the 
compensation of personnel, or for other educational purposes may be 
used to permit, encourage, facilitate, or further partisan political 
activities. Nothing herein is intended to prohibit the availability of 
school buildings for the use of any community or partisan political 
group during non-school hours.
    Sec. 306. None of the funds appropriated in this Act shall be made 
available to pay the salary of any employee of the District of Columbia 
government whose name, title, grade, and salary are not available for 
inspection by the Committees on Appropriations of the House of 
Representatives and Senate, the Committee on Government Reform of the 
House of Representatives, the Committee on Governmental Affairs of the 
Senate, and the Council of the District of Columbia, or their duly 
authorized representative.
    Sec. 307. None of the Federal funds provided in this Act may be 
used for publicity or propaganda purposes or implementation of any 
policy including boycott designed to support or defeat legislation 
pending before Congress or any State legislature.
    Sec. 308. (a) None of the Federal funds provided in this Act may be 
used to carry out lobbying activities on any matter.
    (b) Nothing in this section may be construed to prohibit any 
elected official from advocating with respect to any issue.
    Sec. 309. (a) None of the funds provided under this Act to the 
agencies funded by this Act, both Federal and District government 
agencies, that remain available for obligation or expenditure in fiscal 
year 2004, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditure 
for an agency through a reprogramming of funds which--
            (1) creates new programs;
            (2) eliminates a program, project, or responsibility 
        center;
            (3) establishes or changes allocations specifically denied, 
        limited or increased under this Act;
            (4) increases funds or personnel by any means for any 
        program, project, or responsibility center for which funds have 
        been denied or restricted;
            (5) reestablishes any program or project previously 
        deferred through reprogramming;
            (6) augments any existing program, project, or 
        responsibility center through a reprogramming of funds in 
        excess of $1,000,000 or 10 percent, whichever is less; or
            (7) increases by 20 percent or more personnel assigned to a 
        specific program, project or responsibility center,
unless the Committees on Appropriations of the House of Representatives 
and Senate are notified in writing 30 days in advance of the 
reprogramming.
    (b) None of the local funds contained in this Act may be available 
for obligation or expenditure for an agency through a transfer of any 
local funds from one appropriation heading to another unless the 
Committees on Appropriations of the House of Representatives and Senate 
are notified in writing 30 days in advance of the transfer, except that 
in no event may the amount of any funds transferred exceed 4 percent of 
the local funds in the appropriation.
    Sec. 310. Consistent with the provisions of section 1301(a) of 
title 31, United States Code, appropriations under this Act shall be 
applied only to the objects for which the appropriations were made 
except as otherwise provided by law.
    Sec. 311. Notwithstanding any other provisions of law, the 
provisions of the District of Columbia Government Comprehensive Merit 
Personnel Act of 1978 (D.C. Law 2-139; D.C. Official Code, sec. 1-
601.01 et seq.), enacted pursuant to section 422(3) of the District of 
Columbia Home Rule Act (D.C. Official Code, sec. 1-204.22(3)), shall 
apply with respect to the compensation of District of Columbia 
employees: Provided, That for pay purposes, employees of the District 
of Columbia government shall not be subject to the provisions of title 
5, United States Code.
    Sec. 312. No later than 30 days after the end of the first quarter 
of fiscal year 2004, the Mayor of the District of Columbia shall submit 
to the Council of the District of Columbia and the Committees on 
Appropriations of the House of Representatives and Senate the new 
fiscal year 2004 revenue estimates as of the end of such quarter. These 
estimates shall be used in the budget request for fiscal year 2005. The 
officially revised estimates at midyear shall be used for the midyear 
report.
    Sec. 313. No sole source contract with the District of Columbia 
government or any agency thereof may be renewed or extended without 
opening that contract to the competitive bidding process as set forth 
in section 303 of the District of Columbia Procurement Practices Act of 
1985 (D.C. Law 6-85; D.C. Official Code, sec. 2-303.03), except that 
the District of Columbia government or any agency thereof may renew or 
extend sole source contracts for which competition is not feasible or 
practical, but only if the determination as to whether to invoke the 
competitive bidding process has been made in accordance with duly 
promulgated rules and procedures and has been reviewed and certified by 
the Chief Financial Officer of the District of Columbia.
    Sec. 314. (a) In the event a sequestration order is issued pursuant 
to the Balanced Budget and Emergency Deficit Control Act of 1985 after 
the amounts appropriated to the District of Columbia for the fiscal 
year involved have been paid to the District of Columbia, the Mayor of 
the District of Columbia shall pay to the Secretary of the Treasury, 
within 15 days after receipt of a request therefor from the Secretary 
of the Treasury, such amounts as are sequestered by the order: 
Provided, That the sequestration percentage specified in the order 
shall be applied proportionately to each of the Federal appropriation 
accounts in this Act that are not specifically exempted from 
sequestration by such Act.
    (b) For purposes of the Balanced Budget and Emergency Deficit 
Control Act of 1985, the term ``program, project, and activity'' shall 
be synonymous with and refer specifically to each account appropriating 
Federal funds in this Act, and any sequestration order shall be applied 
to each of the accounts rather than to the aggregate total of those 
accounts: Provided, That sequestration orders shall not be applied to 
any account that is specifically exempted from sequestration by the 
Balanced Budget and Emergency Deficit Control Act of 1985.
    Sec. 315. (a)(1) An entity of the District of Columbia government 
may accept and use a gift or donation during fiscal year 2004 if--
            (A) the Mayor approves the acceptance and use of the gift 
        or donation (except as provided in paragraph (2) of this 
        subsection); and
            (B) the entity uses the gift or donation to carry out its 
        authorized functions or duties.
    (2) The Council of the District of Columbia and the District of 
Columbia courts may accept and use gifts without prior approval by the 
Mayor.
    (b) Each entity of the District of Columbia government shall keep 
accurate and detailed records of the acceptance and use of any gift or 
donation under subsection (a), and shall make such records available 
for audit and public inspection.
    (c) For the purposes of this section, the term ``entity of the 
District of Columbia government'' includes an independent agency of the 
District of Columbia.
    (d) This section shall not apply to the District of Columbia Board 
of Education, which may, pursuant to the laws and regulations of the 
District of Columbia, accept and use gifts to the public schools 
without prior approval by the Mayor.
    Sec. 316. None of the Federal funds provided in this Act may be 
used by the District of Columbia to provide for salaries, expenses, or 
other costs associated with the offices of United States Senator or 
United States Representative under section 4(d) of the District of 
Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C. 
Law 3-171; D.C. Official Code, sec. 1-123).
    Sec. 317. None of the funds appropriated under this Act shall be 
expended for any abortion except where the life of the mother would be 
endangered if the fetus were carried to term or where the pregnancy is 
the result of an act of rape or incest.
    Sec. 318. None of the Federal funds made available in this Act may 
be used to implement or enforce the Health Care Benefits Expansion Act 
of 1992 (D.C. Law 9-114; D.C. Official Code, sec. 32-701 et seq.) or to 
otherwise implement or enforce any system of registration of unmarried, 
cohabiting couples, including but not limited to registration for the 
purpose of extending employment, health, or governmental benefits to 
such couples on the same basis that such benefits are extended to 
legally married couples.
    Sec. 319. (a) Notwithstanding any other provision of this Act, the 
Mayor, in consultation with the Chief Financial Officer of the District 
of Columbia may accept, obligate, and expend Federal, private, and 
other grants received by the District government that are not reflected 
in the amounts appropriated in this Act.
    (b) No such Federal, private, or other grant may be accepted, 
obligated, or expended pursuant to subsection (a) until--
            (1) the Chief Financial Officer of the District of Columbia 
        submits to the Council a report setting forth detailed 
        information regarding such grant; and
            (2) the Council within 15 calendar days after receipt of 
        the report submitted under paragraph (1) has reviewed and 
        approved the acceptance, obligation, and expenditure of such 
        grant.
    (c) No amount may be obligated or expended from the general fund or 
other funds of the District of Columbia government in anticipation of 
the approval or receipt of a grant under subsection (b)(2) or in 
anticipation of the approval or receipt of a Federal, private, or other 
grant not subject to such subsection.
    (d) The Chief Financial Officer of the District of Columbia shall 
prepare a quarterly report setting forth detailed information regarding 
all Federal, private, and other grants subject to this section. Each 
such report shall be submitted to the Council of the District of 
Columbia and to the Committees on Appropriations of the House of 
Representatives and Senate not later than 15 days after the end of the 
quarter covered by the report.
    Sec. 320. (a) Except as otherwise provided in this section, none of 
the funds made available by this Act or by any other Act may be used to 
provide any officer or employee of the District of Columbia with an 
official vehicle unless the officer or employee uses the vehicle only 
in the performance of the officer's or employee's official duties. For 
purposes of this paragraph, the term ``official duties'' does not 
include travel between the officer's or employee's residence and 
workplace, except in the case of--
            (1) an officer or employee of the Metropolitan Police 
        Department who resides in the District of Columbia or is 
        otherwise designated by the Chief of the Department;
            (2) at the discretion of the Fire Chief, an officer or 
        employee of the District of Columbia Fire and Emergency Medical 
        Services Department who resides in the District of Columbia and 
        is on call 24 hours a day;
            (3) the Mayor of the District of Columbia; and
            (4) the Chairman of the Council of the District of 
        Columbia.
    (b) The Chief Financial Officer of the District of Columbia shall 
submit by March 1, 2004 an inventory, as of September 30, 2003, of all 
vehicles owned, leased or operated by the District of Columbia 
government. The inventory shall include, but not be limited to, the 
department to which the vehicle is assigned; the year and make of the 
vehicle; the acquisition date and cost; the general condition of the 
vehicle; annual operating and maintenance costs; current mileage; and 
whether the vehicle is allowed to be taken home by a District officer 
or employee and if so, the officer or employee's title and resident 
location.
    Sec. 321. No officer or employee of the District of Columbia 
government (including any independent agency of the District of 
Columbia, but excluding the Office of the Chief Technology Officer, the 
Office of the Chief Financial Officer of the District of Columbia, and 
the Metropolitan Police Department) may enter into an agreement in 
excess of $2,500 for the procurement of goods or services on behalf of 
any entity of the District government until the officer or employee has 
conducted an analysis of how the procurement of the goods and services 
involved under the applicable regulations and procedures of the 
District government would differ from the procurement of the goods and 
services involved under the Federal supply schedule and other 
applicable regulations and procedures of the General Services 
Administration, including an analysis of any differences in the costs 
to be incurred and the time required to obtain the goods or services.
    Sec. 322. None of the funds contained in this Act may be used for 
purposes of the annual independent audit of the District of Columbia 
government for fiscal year 2004 unless--
            (1) the audit is conducted by the Inspector General of the 
        District of Columbia, in coordination with the Chief Financial 
        Officer of the District of Columbia, pursuant to section 
        208(a)(4) of the District of Columbia Procurement Practices Act 
        of 1985 (D.C. Official Code, sec. 2-302.8); and
            (2) the audit includes as a basic financial statement a 
        comparison of audited actual year-end results with the revenues 
        submitted in the budget document for such year and the 
        appropriations enacted into law for such year using the format, 
        terminology, and classifications contained in the law making 
        the appropriations for the year and its legislative history.
    Sec. 323. (a) None of the funds contained in this Act may be used 
by the District of Columbia Corporation Counsel or any other officer or 
entity of the District government to provide assistance for any 
petition drive or civil action which seeks to require Congress to 
provide for voting representation in Congress for the District of 
Columbia.
    (b) Nothing in this section bars the District of Columbia 
Corporation Counsel from reviewing or commenting on briefs in private 
lawsuits, or from consulting with officials of the District government 
regarding such lawsuits.
    Sec. 324. (a) None of the Federal funds contained in this Act may 
be used for any program of distributing sterile needles or syringes for 
the hypodermic injection of any illegal drug.
    (b) Any individual or entity who receives any funds contained in 
this Act and who carries out any program described in subsection (a) 
shall account for all funds used for such program separately from any 
funds contained in this Act.
    Sec. 325. None of the funds contained in this Act may be used after 
the expiration of the 60-day period that begins on the date of the 
enactment of this Act to pay the salary of any chief financial officer 
of any office of the District of Columbia government (including any 
independent agency of the District of Columbia) who has not filed a 
certification with the Mayor and the Chief Financial Officer of the 
District of Columbia that the officer understands the duties and 
restrictions applicable to the officer and the officer's agency as a 
result of this Act (and the amendments made by this Act), including any 
duty to prepare a report requested either in the Act or in any of the 
reports accompanying the Act and the deadline by which each report must 
be submitted. The Chief Financial Officer of the District of Columbia 
shall provide to the Committees on Appropriations of the House of 
Representatives and Senate by the 10th day after the end of each 
quarter a summary list showing each report, the due date, and the date 
submitted to the Committees.
    Sec. 326. (a) None of the funds contained in this Act may be used 
to enact or carry out any law, rule, or regulation to legalize or 
otherwise reduce penalties associated with the possession, use, or 
distribution of any schedule I substance under the Controlled 
Substances Act (21 U.S.C. 802) or any tetrahydrocannabinols derivative.
    (b) The Legalization of Marijuana for Medical Treatment Initiative 
of 1998, also known as Initiative 59, approved by the electors of the 
District of Columbia on November 3, 1998, shall not take effect.
    Sec. 327. Nothing in this Act may be construed to prevent the 
Council or Mayor of the District of Columbia from addressing the issue 
of the provision of contraceptive coverage by health insurance plans, 
but it is the intent of Congress that any legislation enacted on such 
issue should include a ``conscience clause'' which provides exceptions 
for religious beliefs and moral convictions.
    Sec. 328. (a) If the Superior Court of the District of Columbia or 
the District of Columbia Court of Appeals does not make a payment 
described in subsection (b) prior to the expiration of the 45-day 
period which begins on the date the Court receives a completed voucher 
for a claim for the payment, interest shall be assessed against the 
amount of the payment which would otherwise be made to take into 
account the period which begins on the day after the expiration of such 
45-day period and which ends on the day the Court makes the payment.
    (b) A payment described in this subsection is--
            (1) a payment authorized under section 11-2604 and section 
        11-2605, D.C. Official Code (relating to representation 
        provided under the District of Columbia Criminal Justice Act);
            (2) a payment for counsel appointed in proceedings in the 
        Family Court of the Superior Court of the District of Columbia 
        under chapter 23 of title 16, D.C. Official Code; or
            (3) a payment for counsel authorized under section 21-2060, 
        D.C. Official Code (relating to representation provided under 
        the District of Columbia Guardianship, Protective Proceedings, 
        and Durable Power of Attorney Act of 1986).
    (c) The chief judges of the Superior Court of the District of 
Columbia and the District of Columbia Court of Appeals shall establish 
standards and criteria for determining whether vouchers submitted for 
claims for payments described in subsection (b) are complete, and shall 
publish and make such standards and criteria available to attorneys who 
practice before such Courts.
    (d) Nothing in this section shall be construed to require the 
assessment of interest against any claim (or portion of any claim) 
which is denied by the Court involved.
    (e) This section shall apply with respect to claims received by the 
Superior Court of the District of Columbia or the District of Columbia 
Court of Appeals during fiscal year 2003 and any subsequent fiscal 
year.
    Sec. 329. The Mayor of the District of Columbia shall submit to the 
Committees on Appropriations of the House of Representatives and 
Senate, the Committee on Government Reform of the House of 
Representatives, and the Committee on Governmental Affairs of the 
Senate quarterly reports addressing the following issues--
            (1) crime, including the homicide rate, implementation of 
        community policing, the number of police officers on local 
        beats, and the closing down of open-air drug markets;
            (2) access to substance and alcohol abuse treatment, 
        including the number of treatment slots, the number of people 
        served, the number of people on waiting lists, and the 
        effectiveness of treatment programs;
            (3) management of parolees and pre-trial violent offenders, 
        including the number of halfway house escapes and steps taken 
        to improve monitoring and supervision of halfway house 
        residents to reduce the number of escapes to be provided in 
        consultation with the Court Services and Offender Supervision 
        Agency for the District of Columbia;
            (4) education, including access to special education 
        services and student achievement to be provided in consultation 
        with the District of Columbia Public Schools and the District 
        of Columbia public charter schools;
            (5) improvement in basic District services, including rat 
        control and abatement;
            (6) application for and management of Federal grants, 
        including the number and type of grants for which the District 
        was eligible but failed to apply and the number and type of 
        grants awarded to the District but for which the District 
        failed to spend the amounts received; and
            (7) indicators of child well-being.
    Sec. 330. No later than 30 calendar days after the date of the 
enactment of this Act, the Chief Financial Officer of the District of 
Columbia shall submit to the appropriate committees of Congress, the 
Mayor, and the Council of the District of Columbia a revised 
appropriated funds operating budget in the format of the budget that 
the District of Columbia government submitted pursuant to section 442 
of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42), for all agencies of the District of Columbia government for 
fiscal year 2004 that is in the total amount of the approved 
appropriation and that realigns all budgeted data for personal services 
and other-than-personal-services, respectively, with anticipated actual 
expenditures.
    Sec. 331. None of the funds contained in this Act may be used to 
issue, administer, or enforce any order by the District of Columbia 
Commission on Human Rights relating to docket numbers 93-030-(PA) and 
93-031-(PA).
    Sec. 332. None of the Federal funds made available in this Act may 
be transferred to any department, agency, or instrumentality of the 
United States Government, except pursuant to a transfer made by, or 
transfer authority provided in, this Act or any other appropriation 
Act.
    Sec. 333. In addition to any other authority to pay claims and 
judgments, any department, agency, or instrumentality of the District 
government may pay the settlement or judgment of a claim or lawsuit in 
an amount less than $10,000, in accordance with the Risk Management for 
Settlements and Judgments Amendment Act of 2000 (D.C. Law 13-172; D.C. 
Official Code, sec. 2-402).
    Sec. 334. All funds from the Crime Victims Compensation Fund, 
established pursuant to section 16 of the Victims of Violent Crime 
Compensation Act of 1996 (D.C. Law 11-243; D.C. Official Code, sec. 4-
514) (``Compensation Act''), that are designated for outreach 
activities pursuant to section 16(d)(2) of the Compensation Act shall 
be deposited in the Crime Victims Assistance Fund, established pursuant 
to section 16a of the Compensation Act, for the purpose of outreach 
activities, and shall remain available until expended.
    Sec. 335. Notwithstanding any other law, the District of Columbia 
Courts shall transfer to the general treasury of the District of 
Columbia all fines levied and collected by the Courts in cases charging 
Driving Under the Influence and Driving While Impaired. The transferred 
funds shall remain available until expended and shall be used by the 
Office of the Corporation Counsel for enforcement and prosecution of 
District traffic alcohol laws in accordance with section 10(b)(3) of 
the District of Columbia Traffic Control Act (D.C. Official Code, sec. 
50-2201.05(b)(3)).
    Sec. 336. From the local funds appropriated under this Act, any 
agency of the District government may transfer to the Office of Labor 
Relations and Collective Bargaining (OLRCB) such amounts as may be 
necessary to pay for representation by OLRCB in third-party cases, 
grievances, and dispute resolution, pursuant to an intra-District 
agreement with OLRCB. These amounts shall be available for use by OLRCB 
to reimburse the cost of providing the representation.
    Sec. 337. None of the funds contained in this Act may be made 
available to pay--
            (1) the fees of an attorney who represents a party in an 
        action or an attorney who defends any action, including an 
        administrative proceeding, brought against the District of 
        Columbia Public Schools under the Individuals with Disabilities 
        Education Act (20 U.S.C. 1400 et seq.) in excess of $4,000 for 
        that action; or
            (2) the fees of an attorney or firm whom the Chief 
        Financial Officer of the District of Columbia determines to 
        have a pecuniary interest, either through an attorney, officer 
        or employee of the firm, in any special education diagnostic 
        services, schools, or other special education service 
        providers.
    Sec. 338. The Chief Financial Officer of the District of Columbia 
shall require attorneys in special education cases brought under the 
Individuals with Disabilities Act (IDEA) in the District of Columbia to 
certify in writing that the attorney or representative rendered any and 
all services for which they receive awards, including those received 
under a settlement agreement or as part of an administrative 
proceeding, under the IDEA from the District of Columbia: Provided, 
That as part of the certification, the Chief Financial Officer of the 
District of Columbia require all attorneys in IDEA cases to disclose 
any financial, corporate, legal, memberships on boards of directors, or 
other relationships with any special education diagnostic services, 
schools, or other special education service providers to which the 
attorneys have referred any clients as part of this certification: 
Provided further, That the Chief Financial Officer shall prepare and 
submit quarterly reports to the Committees on Appropriations of the 
Senate and the House of Representatives on the certification of and the 
amount paid by the government of the District of Columbia, including 
the District of Columbia Public Schools, to attorneys in cases brought 
under IDEA: Provided further, That the Inspector General of the 
District of Columbia may conduct investigations to determine the 
accuracy of the certifications.
    Sec. 339. Chapter 3 of title 16, District of Columbia Code, is 
amended by inserting at the end the following new section:

``SEC. 16-316. APPOINTMENT AND COMPENSATION OF COUNSEL; GUARDIAN AD 
              LITEM.

    ``(a) When a petition for adoption has been filed and there has 
been no termination or relinquishment of parental rights with respect 
to the proposed adoptee or consent to the proposed adoption by a parent 
or guardian whose consent is required under D.C. Code section 16-304, 
the Court may appoint an attorney to represent such parent or guardian 
in the adoption proceeding if the individual is financially unable to 
obtain adequate representation.
    ``(b) The Court may appoint a guardian ad litem who is an attorney 
to represent the child in an adoption proceeding. The guardian ad litem 
shall in general be charged with the representation of the child's best 
interest.
    ``(c) An attorney appointed pursuant to subsection (a) or (b) of 
this section shall be compensated in accordance with D.C. Code section 
16-2326.01, except that compensation in the adoption case shall be 
subject to the limitation set forth in D.C. Code section 16-
2326.01(b)(2).''.
    The table of sections for chapter 3 of title 16, District of 
Columbia Code, is amended by inserting at the end the following new 
item:

``Sec. 16-316. Appointment and compensation of counsel; guardian ad 
                            litem.''.
    Sec. 340. (a) The amount appropriated by this Act as Other Type 
Funds may be increased no more than 25 percent to an account for 
unanticipated growth in revenue collections.
    (b) Conditions of Use.--The District of Columbia may obligate or 
expend these amounts only in accordance with the following conditions:
            (1) Certification by the chief financial officer.--The 
        Chief Financial Officer of the District of Columbia shall 
        certify that anticipated revenue collections support an 
        increase in Other Type authority in the amount request.
            (2) Notice requirement.--The amounts may be obligated or 
        expended only if the Mayor notifies the Committees on 
        Appropriations of the House of Representatives and the Senate 
        in writing 30 days in advance of any obligation or expenditure.
    Sec. 341. (a) The amount appropriated by this Act may be increased 
by no more than $15,000,000 from funds identified in the comprehensive 
annual financial report as the District's fund balance.
    (b) Conditions on Use.--The District of Columbia may obligate or 
expend these amounts only in accordance with the following conditions:
            (1) Certification by the chief financial officer.--The 
        Chief Financial Officer of the District of Columbia shall 
        certify that the use of any such amounts is not anticipated to 
        have a negative impact on the District of Columbia's long-term 
        financial, fiscal, and economic vitality.
            (2) Purpose.--The District of Columbia may only use these 
        funds for the following expenditures:
                    (A) Unanticipated one-time expenditures;
                    (B) To address potential deficits;
                    (C) Debt reduction;
                    (D) Unanticipated program needs; or
                    (E) To cover revenue shortfalls.
            (3) Local law.--The amounts shall be obligated or expended 
        in accordance with laws enacted by the Council in support of 
        each such obligation or expenditure.
            (4) Receivership.--The amounts may not be used to fund the 
        agencies of the District of Columbia government under court-
        ordered receivership.
            (5) Notice requirement.--The amounts may be obligated or 
        expended only if the Mayor notifies the Committees on 
        Appropriations of the House of Representatives and the Senate 
        in writing 30 days in advance of any obligation or expenditure.
            (6) Availability of funds.--Funds made available pursuant 
        to this section shall remain available until expended.
    This Act may be cited as the ``District of Columbia Appropriations 
Act, 2004''.

            Attest:

                                                             Secretary.
108th CONGRESS

  1st Session

                               H. R. 2765

_______________________________________________________________________

                               AMENDMENT
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