II 

Calendar No. 517 

109TH CONGRESS 

2D SESSION S. 3660 

[Report No. 109–281] 

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, 2007, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 13, 2006 

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

following original bill; which was read twice and placed on the calendar 

A BILL 

Making appropriations for the government of the District 

of Columbia and other activities chargeable in whole 

or in part against the revenues of said District for the 

fiscal year ending September 30, 2007, 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 and related agencies for the fiscal 
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1 year ending September 30, 2007, and for other purposes, 

2 namely: 

3 DISTRICT OF COLUMBIA 

4 FEDERAL FUNDS

5 FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

6 For a Federal payment to the District of Columbia, 

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

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

9 Columbia resident tuition support, $33,200,000, to remain 

10 available until expended: Provided, That such funds, in11 cluding any interest accrued thereon, may be used on be12 half of eligible District of Columbia residents to pay an 

13 amount based upon the difference between in-State and 

14 out-of-State tuition at public institutions of higher edu15 cation, or to pay up to $2,500 each year at eligible private 

16 institutions of higher education: Provided further, That the 

17 awarding of such funds may be prioritized on the basis 

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

19 eligible students and such other factors as may be author20 ized: Provided further, That the District of Columbia gov21 ernment shall maintain a dedicated account for the Resi22 dent Tuition Support Program that shall consist of the 

23 Federal funds appropriated to the Program in this Act 

24 and any subsequent appropriations, any unobligated bal25 ances from prior fiscal years, and any interest earned in 
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1 this or any fiscal year: Provided further, That the account 

2 shall be under the control of the District of Columbia 

3 Chief Financial Officer, who shall use those funds solely 

4 for the purposes of carrying out the Resident Tuition Sup5 port Program: Provided further, That the Office of the 

6 Chief Financial Officer shall provide a quarterly financial 

7 report to the Committees on Appropriations of the House 

8 of Representatives and Senate for these funds showing, 

9 by object class, the expenditures made and the purpose 

10 therefor: Provided further, That not more than $1,200,000 

11 of the total amount appropriated for this program may 

12 be used for administrative expenses. 

13 FEDERAL PAYMENT FOR EMERGENCY PLANNING AND

14 SECURITY COSTS IN THE DISTRICT OF COLUMBIA

15 For necessary expenses, as determined by the Mayor 

16 of the District of Columbia in written consultation with 

17 the elected county or city officials of surrounding jurisdic18 tions, $8,533,000, to remain available until expended, to 

19 reimburse the District of Columbia for the costs of pro20 viding public safety at events related to the presence of 

21 the national capital in the District of Columbia and for 

22 the costs of providing support to respond to immediate 

23 and specific terrorist threats or attacks in the District of 

24 Columbia or surrounding jurisdictions: Provided, That any 

25 amount provided under this heading shall be available only 

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

3 States Code. 

4 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

5 COURTS

6 For salaries and expenses for the District of Colum7 bia Courts, $206,629,000 to be allocated as follows: for 

8 the District of Columbia Court of Appeals, $9,401,000 of 

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

10 representation expenses; for the District of Columbia Su11 perior Court, $89,646,000 of which not to exceed $1,500 

12 is for official reception and representation expenses; for 

13 the District of Columbia Court System, $46,653,000 of 

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

15 representation expenses; and $60,929,000, to remain 

16 available until September 30, 2007, for capital improve17 ments for District of Columbia courthouse facilities: Pro18 vided, That notwithstanding any other provision of law, 

19 a single contract or related contracts for development and 

20 construction of facilities may be employed which collec21 tively include the full scope of the project: Provided fur22 ther, That the solicitation and contract shall contain the 

23 clause ‘‘availability of Funds’’ found at 48 CFR 52.232– 

24 18: Provided further, That funds made available for capital 

25 improvements shall be expended consistent with the Gen26 eral Services Administration master plan study and build-
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1 ing evaluation report: Provided further, That notwith2 standing any other provision of law, all amounts under 

3 this heading shall be apportioned quarterly by the Office 

4 of Management and Budget and obligated and expended 

5 in the same manner as funds appropriated for salaries and 

6 expenses of other Federal agencies, with payroll and finan7 cial services to be provided on a contractual basis with 

8 the General Services Administration (GSA), and such 

9 services shall include the preparation of monthly financial 

10 reports, copies of which shall be submitted directly by GSA 

11 to the President and to the Committees on Appropriations 

12 of the House of Representatives and Senate, the Com13 mittee on Government Reform of the House of Represent14 atives, and the Committee on Governmental Affairs of the 

15 Senate: Provided further, That 30 days after providing 

16 written notice to the Committees on Appropriations of the 

17 House of Representatives and Senate, the District of Co18 lumbia Courts may reallocate not more than $1,000,000 

19 of the funds provided under this heading among the items 

20 and entities funded under this heading for operations, and 

21 not more than 4 percent of the funds provided under this 

22 heading for facilities. 

23 DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS

24 For payments authorized under section 11–2604 and 

25 section 11–2605, D.C. Official Code (relating to represen26 tation provided under the District of Columbia Criminal 
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1 Justice Act), payments for counsel appointed in pro2 ceedings in the Family Court of the Superior Court of the 

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

4 Official Code, or pursuant to contractual agreements to 

5 provide guardian ad litem representation, training, tech6 nical assistance and such other services as are necessary 

7 to improve the quality of guardian ad litem representation, 

8 payments for counsel appointed in adoption proceedings 

9 under chapter 3 of title 16, D.C. Code, and payments for 

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

11 Code (relating to representation provided under the Dis12 trict of Columbia Guardianship, Protective Proceedings, 

13 and Durable Power of Attorney Act of 1986), 

14 $43,475,000, to remain available until expended: Pro15 vided, That the funds provided in this Act under the head16 ing ‘‘Federal Payment to the District of Columbia Courts’’ 

17 (other than the $60,929,000 provided under such heading 

18 for capital improvements for District of Columbia court19 house facilities) may also be used for payments under this 

20 heading: Provided further, That in addition to the funds 

21 provided under this heading, the Joint Committee on Ju22 dicial Administration in the District of Columbia may use 

23 funds provided in this Act under the heading ‘‘Federal 

24 Payment to the District of Columbia Courts’’ (other than 

25 the $60,929,000 provided under such heading for capital 
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1 improvements for District of Columbia courthouse facili2 ties), to make payments described under this heading for 

3 obligations incurred during any fiscal year: Provided fur4 ther, That funds provided under this heading shall be ad5 ministered by the Joint Committee on Judicial Adminis6 tration in the District of Columbia: Provided further, That 

7 notwithstanding any other provision of law, this appro8 priation shall be apportioned quarterly by the Office of 

9 Management and Budget and obligated and expended in 

10 the same manner as funds appropriated for expenses of 

11 other Federal agencies, with payroll and financial services 

12 to be provided on a contractual basis with the General 

13 Services Administration (GSA), and such services shall in14 clude the preparation of monthly financial reports, copies 

15 of which shall be submitted directly by GSA to the Presi16 dent and to the Committees on Appropriations of the 

17 House of Representatives and Senate, the Committee on 

18 Government Reform of the House of Representatives, and 

19 the Committee on Governmental Affairs of the Senate. 

20 FEDERAL PAYMENT TO THE COURT SERVICES AND OF21 FENDER SUPERVISION AGENCY FOR THE DISTRICT

22 OF COLUMBIA

23 (INCLUDING TRANSFER OF FUNDS)

24 For salaries and expenses, including the transfer and 

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

26 Supervision Agency for the District of Columbia and the 
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1 Public Defender Service for the District of Columbia, as 

2 authorized by the National Capital Revitalization and Self3 Government Improvement Act of 1997, $183,653,000 of 

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

5 representation expenses related to Community Supervision 

6 and Pretrial Services Agency programs; of which not to 

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

8 the implementation of the Court Services and Offender 

9 Supervision Agency Interstate Supervision Act of 2002, 

10 of which not to exceed $400,000 for the Community Su11 pervision Program and $160,000 for the Pretrial Services 

12 Program, both to remain available until September 30, 

13 2008, are for information technology infrastructure en14 hancement acquisitions; of which $135,457,000 shall be 

15 for necessary expenses of Community Supervision and Sex 

16 Offender Registration, to include expenses relating to the 

17 supervision of adults subject to protection orders or the 

18 provision of services for or related to such persons; of 

19 which $46,196,000 shall be available to the Pretrial Serv20 ices Agency: Provided, That notwithstanding any other 

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

22 apportioned quarterly by the Office of Management and 

23 Budget and obligated and expended in the same manner 

24 as funds appropriated for salaries and expenses of other 

25 Federal agencies: Provided further, That the Director is 
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1 authorized to accept and use gifts in the form of in-kind 

2 contributions of space and hospitality to support offender 

3 and defendant programs, and equipment and vocational 

4 training services to educate and train offenders and de5 fendants: Provided further, That the Director shall keep 

6 accurate and detailed records of the acceptance and use 

7 of any gift or donation under the previous proviso, and 

8 shall make such records available for audit and public in9 spection: Provided further, That the Court Services and 

10 Offender Supervision Agency Director is authorized to ac11 cept and use reimbursement from the D.C. Government 

12 for space and services provided on a cost reimbursable 

13 basis. 

14 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

15 PUBLIC DEFENDER SERVICE

16 For salaries and expenses of the District of Columbia 

17 Public Defender Service, $32,710,000: 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 sal22 aries and expenses of other Federal agencies. 

23 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

24 WATER AND SEWER AUTHORITY

25 For a Federal payment to the District of Columbia 

26 Water and Sewer Authority, $7,000,000, to remain avail-
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1 able until expended, to continue implementation of the 

2 Combined Sewer Overflow Long-Term Plan: Provided, 

3 That the District of Columbia Water and Sewer Authority 

4 provides a 100 percent match for this payment. 

5 FEDERAL PAYMENT FOR THE ANACOSTIA WATERFRONT

6 INITIATIVE

7 For a Federal payment to the District of Columbia 

8 Department of Transportation, $5,000,000, to remain 

9 available until September 30, 2007, of which $3,000,000 

10 shall be for design and construction of a continuous pedes11 trian and bicycle trail system from the Potomac River to 

12 the District’s border with Maryland and of which 

13 $2,000,000 shall be for infrastructure upgrades to im14 prove access to the waterfront. 

15 FEDERAL PAYMENT TO THE CRIMINAL JUSTICE

16 COORDINATING COUNCIL

17 For a Federal payment to the Criminal Justice Co18 ordinating Council, $1,300,000, to remain available until 

19 expended, to support initiatives related to the coordination 

20 of Federal and local criminal justice resources in the Dis21 trict of Columbia. 

22 FEDERAL PAYMENT FOR TRANSPORTATION ASSISTANCE

23 For a Federal payment to the District of Columbia 

24 Department of Transportation, $1,000,000 to operate a 

25 downtown circulator transit system. 
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1 FEDERAL PAYMENT FOR FOSTER CARE IMPROVEMENTS

2 IN THE DISTRICT OF COLUMBIA

3 For the Federal payment to the District of Columbia 

4 for foster care improvements, $2,000,000, to remain avail5 able until expended: Provided, That $1,750,000 shall be 

6 for the Child and Family Services Agency, of which 

7 $1,000,000 shall be for a loan repayment program for so8 cial workers; and $750,000 shall be for post-adoption serv9 ices: Provided further, That $250,000 shall be for the 

10 Washington Metropolitan Council of Governments, to con11 tinue a program in conjunction with the Foster and Adop12 tive Parents Advocacy Center, to provide respite care for 

13 and recruitment of foster parents: Provided further, That 

14 these Federal funds shall supplement and not supplant 

15 local funds for the purposes described under this heading. 

16 FEDERAL PAYMENT TO THE OFFICE OF THE CHIEF

17 FINANCIAL OFFICER OF THE DISTRICT OF COLUMBIA

18 For a Federal payment to the Office of the Chief Fi19 nancial Officer of the District of Columbia, $5,000,000: 

20 Provided, That these funds shall be available for the 

21 projects and in the amounts specified in the accompanying 

22 Committee report: Provided further, That each entity that 

23 receives funding under this heading shall submit to the 

24 Office of the Chief Financial Officer of the District of Co25 lumbia and the Committees on Appropriations of the 

26 House of Representatives and Senate a report on the ac-
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1 tivities to be carried out with such funds no later than 

2 June 1, 2007. 

3 FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

4 For a Federal payment for a school improvement pro5 gram in the District of Columbia, $40,000,000 to be allo6 cated as follows: $13,000,000 for the State Education Of7 fice to improve traditional public schools in the District 

8 of Columbia; $13,000,000 for the State Education Office 

9 to expand quality public charter schools in the District of 

10 Columbia; $14,000,000 for the Secretary of the Depart11 ment of Education to provide opportunity scholarships for 

12 students in the District of Columbia in accordance with 

13 division C, title III of the District of Columbia Appropria14 tions Act, 2004 (Public Law 108–199; 118 Stat. 126), 

15 of which up to $1,000,000 may be used to administer and 

16 fund assessments: Provided, That of the $13,000,000 pro17 vided for public charter schools in the District of Colum18 bia, $6,000,000, to remain available until expended, shall 

19 be for the Direct Loan Fund for Charter Schools; 

20 $3,500,000, to remain available until expended, shall be 

21 for continuation of the City Build Charter School Pro22 gram; $1,000,000 shall be for the Public Education Im23 provement Incentive Award program; $1,050,000 shall be 

24 for grants to public charter schools for co-location with 

25 D.C. Public School buildings; $1,000,000 shall be for a 

26 quality initiative; and $450,000 shall be for administration 
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1 within the State Education Office: Provided further, That 

2 of the $13,000,000 provided to improve traditional public 

3 schools in the District of Columbia, that $5,000,000 shall 

4 be to hire, place and train highly qualified teachers and 

5 principals in District of Columbia public schools; 

6 $5,500,000 shall be used for teacher training and mate7 rials to expand the availability of advanced placement 

8 courses and for subsequent testing, and to expand voca9 tional and technical education programs which enhance 

10 postsecondary opportunities for students; $500,000 to 

11 support the Superintendent’s Master Education Plan; and 

12 $2,000,000 shall be for the High Performing Incentive 

13 Award program. 

14 FEDERAL PAYMENT FOR BIOTERRORISM AND FORENSICS

15 LABORATORY

16 For a Federal payment to the District of Columbia, 

17 $4,500,000, to remain available until September 30, 2007, 

18 for costs associated with the construction of a bioterrorism 

19 and forensics laboratory: Provided, That the District of 

20 Columbia shall provide an additional $5,000,000 with 

21 local funds as a condition of receiving this payment. 

22 FEDERAL PAYMENT FOR MARRIAGE DEVELOPMENT, 

23 IMPROVEMENT, AND PROMOTION

24 For a Federal payment for marriage development and 

25 improvement in the District of Columbia, $4,000,000, to 

26 remain available until expended: Provided, That 
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1 $1,500,000 shall be for the Capital Area Asset Building 

2 Corporation for the establishment of marriage develop3 ment accounts in accordance with the requirements in the 

4 accompanying report, of which $400,000 shall be for pro5 gram planning, marketing, evaluation, and account admin6 istration: Provided further, That $1,500,000 shall be for 

7 mentoring, counseling, community outreach, and training 

8 and technical assistance, of which $750,000 shall be for 

9 the National Center for Fathering and $750,000 shall be 

10 for the East Capitol Center for Change to carry out these 

11 activities: Provided further, That $1,000,000 shall be for 

12 the District Department of Human Services to begin occu13 pational training for low-income, unemployed married par14 ents to assist them in gaining employment: Provided fur15 ther, That as a condition of receiving these funds, the 

16 Mayor of the District of Columbia shall promote marriage 

17 and family formation according to the guidance set forth 

18 in the accompanying report: Provided further, That within 

19 30 days of enactment of this Act, the entities receiving 

20 funds under this title shall submit to the Committees on 

21 Appropriations of the House and Senate, a detailed ex22 penditure plan and program requirements that comport 

23 with the guidance in the accompanying report. 

24 FEDERAL PAYMENT FOR NAVY YARD METRO

25 For a Federal payment to the District of Columbia 

26 Department of Transportation, $4,000,000, to remain 
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1 available until expended, for costs associated with upgrad2 ing and expanding the capacity of the Navy Yard Metro 

3 Station. 

4 FEDERAL PAYMENT FOR CENTRAL LIBRARY

5 For a Federal payment to the District of Columbia, 

6 $15,000,000, to remain available until expended, for the 

7 Federal contribution for costs associated with the con8 struction of a new, state-of-the-art central library. 

9 DISTRICT OF COLUMBIA FUNDS

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, section 1–204.50a) and provisions of this 

17 Act, the total amount appropriated in this Act for oper18 ating expenses for the District of Columbia for fiscal year 

19 2006 under this heading shall not exceed the lesser of the 

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

21 such fiscal year or $9,057,361,000 (of which 

22 $5,271,162,000 shall be from local funds, $2,020,101,000 

23 shall be from Federal grant funds, $1,758,214,000 shall 

24 be from other funds, and $7,885,000 shall be from private 

25 funds), in addition, $170,052,000 from funds previously 

26 appropriated in this Act as Federal payments: Provided 
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1 further, That of the local funds, $284,287,000 shall be de2 rived from the District’s general fund balance: Provided 

3 further, That of these funds the District’s intradistrict au4 thority shall be $539,745,000: in addition for capital con5 struction projects there is appropriated an increase of 

6 $2,459,570,000, of which $1,809,754,000 shall be from 

7 local funds, $49,867,000 from Highway Trust funds, 

8 $52,000,000 from the Local Street Maintenance fund, 

9 $15,000,000 from revenue bonds, $18,200,000 from Cer10 tificates of Participation financing, $63,000,000 from fi11 nancing for construction of a baseball stadium, 

12 $212,000,000 from financing for construction of a new 

13 hospital or other health facility, $239,749,000 from Fed14 eral grant funds, and a rescission of $118,395,000 from 

15 local funds appropriated under this heading in prior fiscal 

16 years, for a net amount of $2,341,175,000, to remain 

17 available until expended: Provided further, That the 

18 amounts provided under this heading are to be subject to 

19 the provisions of and allocated and expended as proposed 

20 under ‘‘Title II—District of Columbia Funds’’ of the Fis21 cal Year 2006 Proposed Budget and Financial Plan sub22 mitted to the Congress of the United States by the Dis23 trict of Columbia on June 6, 2005: Provided further, That 

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

25 transactions, which are expended for emergency or unan-
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1 ticipated operating or capital needs: Provided further, 

2 That such increases shall be approved by enactment of 

3 local District law and shall comply with all reserve require4 ments contained in the District of Columbia Home Rule 

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

6 Chief Financial Officer of the District of Columbia shall 

7 take such steps as are necessary to assure that the Dis8 trict of Columbia meets these requirements, including the 

9 apportioning by the Chief Financial Officer of the appro10 priations and funds made available to the District during 

11 fiscal year 2006, except that the Chief Financial Officer 

12 may not reprogram for operating expenses any funds de13 rived from bonds, notes, or other obligations issued for 

14 capital projects. 

15 GENERAL PROVISIONS

16 SEC. 101. Whenever in this Act, an amount is speci17 fied within an appropriation for particular purposes or ob18 jects of expenditure, such amount, unless otherwise speci19 fied, shall be considered as the maximum amount that 

20 may be expended for said purpose or object rather than 

21 an amount set apart exclusively therefor. 

22 SEC. 102. Appropriations in this Act shall be avail23 able for expenses of travel and for the payment of dues 

24 of organizations concerned with the work of the District 

25 of Columbia government, when authorized by the Mayor, 
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1 or, in the case of the Council of the District of Columbia, 

2 funds may be expended with the authorization of the 

3 Chairman of the Council. 

4 SEC. 103. There are appropriated from the applicable 

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

6 necessary for making refunds and for the payment of legal 

7 settlements or judgments that have been entered against 

8 the District of Columbia government. 

9 SEC. 104. (a) Except as provided in subsection (b), 

10 no part of this appropriation shall be used for publicity 

11 or propaganda purposes or implementation of any policy 

12 including boycott designed to support or defeat legislation 

13 pending before Congress or any State legislature. 

14 (b) The District of Columbia may use local funds pro15 vided in this title to carry out lobbying activities on any 

16 matter other than— 

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

18 (2) statehood for the District of Columbia or 

19 voting representation in Congress for the District of 

20 Columbia. 

21 (c) Nothing in this section may be construed to pro22 hibit any elected official from advocating with respect to 

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

24 SEC. 105. (a) None of the funds provided under this 

25 title to the agencies funded by this title, both Federal and 
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1 District government agencies, that remain available for 

2 obligation or expenditure in fiscal year 2007, or provided 

3 from any accounts in the Treasury of the United States 

4 derived by the collection of fees available to the agencies 

5 funded by this title, shall be available for obligation or ex6 penditures for an agency through a reprogramming of 

7 funds which— 

8 (1) creates new programs; 

9 (2) eliminates a program, project, or responsi10 bility center; 

11 (3) establishes or changes allocations specifi12 cally denied, limited or increased under this Act; 

13 (4) increases funds or personnel by any means 

14 for any program, project, or responsibility center for 

15 which funds have been denied or restricted; 

16 (5) reestablishes any program or project pre17 viously deferred through reprogramming; 

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

19 responsibility center through a reprogramming of 

20 funds in excess of $3,000,000 or 10 percent, which21 ever is less; or 

22 (7) increases by 20 percent or more personnel 

23 assigned to a specific program, project or responsi24 bility center, 
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1 unless in the case of Federal funds, the Committees on 

2 Appropriations of the House of Representatives and Sen3 ate are notified in writing 15 days in advance of the re4 programming and in the case of local funds, the Commit5 tees on Appropriations of the House of Representatives 

6 and Senate are provided summary reports on April 1, 

7 2007 and October 1, 2007, setting forth detailed informa8 tion regarding each such local funds reprogramming con9 ducted subject to this subsection. 

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

11 be available for obligation or expenditure for an agency 

12 through a transfer of any local funds in excess of 

13 $3,000,000 from one appropriation heading to another un14 less the Committees on Appropriations of the House of 

15 Representatives and Senate are provided summary reports 

16 on April 1, 2007 and October 1, 2007, setting forth de17 tailed information regarding each reprogramming con18 ducted subject to this subsection, except that in no event 

19 may the amount of any funds transferred exceed 4 percent 

20 of the local funds in the appropriations. 

21 (c) The District of Columbia Government is author22 ized to approve and execute reprogramming and transfer 

23 requests of local funds under this title through September 

24 30, 2007. 
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1 SEC. 106. Consistent with the provisions of section 

2 1301(a) of title 31, United States Code, appropriations 

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

4 which the appropriations were made except as otherwise 

5 provided by law. 

6 SEC. 107. Notwithstanding any other provisions of 

7 law, the provisions of the District of Columbia Govern8 ment Comprehensive Merit Personnel Act of 1978 (D.C. 

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

10 enacted pursuant to section 422(3) of the District of Co11 lumbia Home Rule Act (D.C. Official Code, sec. 1– 

12 204l.22(3)), shall apply with respect to the compensation 

13 of District of Columbia employees. For pay purposes, em14 ployees of the District of Columbia government shall not 

15 be subject to the provisions of title 5, United States Code: 

16 Provided, That notwithstanding any other law (or 5 

17 U.S.C. § 8344(a)), the District Government Reemployed 

18 Annuitant Offset Amendment Act of 2004, effective De19 cember 7, 2004 (D.C. Law 15–207; 51 DCR 8799), shall 

20 apply to any individual employed in an appointive or elec21 tive position with the District of Columbia government 

22 after December 7, 2004. 

23 SEC. 108. No later than 30 days after the end of the 

24 first quarter of fiscal year 2007, 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 2007 revenue estimates as of the end of such quarter. 

4 These estimates shall be used in the budget request for 

5 fiscal year 2008. The officially revised estimates at mid6 year shall be used for the midyear report. 

7 SEC. 109. None of the Federal funds provided in this 

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

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

10 offices of United States Senator or United States Rep11 resentative under section 4(d) of the District of Columbia 

12 Statehood Constitutional Convention Initiatives of 1979 

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

14 SEC. 110. None of the Federal funds made available 

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

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

17 9–114; D.C. Official Code, sec. 32–701 et seq.) or to oth18 erwise implement or enforce any system of registration of 

19 unmarried, cohabiting couples, including but not limited 

20 to registration for the purpose of extending employment, 

21 health, or governmental benefits to such couples on the 

22 same basis that such benefits are extended to legally mar23 ried couples. 

24 SEC. 111. (a) Notwithstanding any other provision 

25 of this Act, the Mayor, in consultation with the Chief Fi-
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1 nancial Officer of the District of Columbia may accept, 

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

3 received by the District government that are not reflected 

4 in the amounts appropriated in this Act. 

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

6 be obligated, or expended pursuant to subsection (a) 

7 until— 

8 (A) the Chief Financial Officer of the District 

9 of Columbia submits to the Council a report setting 

10 forth detailed information regarding such grant; and 

11 (B) the Council has reviewed and approved the 

12 obligation, and expenditure of such grant. 

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

14 shall be deemed to have reviewed and approved the obliga15 tion, and expenditure of a grant if— 

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

17 the Secretary of the Council within 14 calendar days 

18 of the receipt of the report from the Chief Financial 

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

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

22 disapprove the obligation, or expenditure of the 

23 grant within 30 calendar days of the initial receipt 

24 of the report from the Chief Financial Officer under 

25 paragraph (1)(A). 
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1 (c) No amount may be obligated or expended from 

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

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

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

6 grant not subject to such subsection. 

7 (d) The Chief Financial Officer of the District of Co8 lumbia may adjust the budget for Federal, private, and 

9 other grants received by the District government reflected 

10 in the amounts appropriated in this title, or approved and 

11 received under subsection (b)(2) to reflect a change in the 

12 actual amount of the grant. 

13 (e) The Chief Financial Officer of the District of Co14 lumbia shall prepare a quarterly report setting forth de15 tailed information regarding all Federal, private, and 

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

17 be submitted to the Council of the District of Columbia 

18 and to the Committees on Appropriations of the House 

19 of Representatives and Senate not later than 15 days after 

20 the end of the quarter covered by the report. 

21 SEC. 112. (a) Except as otherwise provided in this 

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

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

24 employee of the District of Columbia with an official vehi25 cle unless the officer or employee uses the vehicle only in 
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1 the performance of the officer’s or employee’s official du2 ties. For purposes of this paragraph, the term ‘‘official 

3 duties’’ does not include travel between the officer’s or em4 ployee’s residence and workplace, except in the case of— 

5 (1) an officer or employee of the Metropolitan 

6 Police Department who resides in the District of Co7 lumbia or is otherwise designated by the Chief of the 

8 Department; 

9 (2) at the discretion of the Fire Chief, an offi10 cer or employee of the District of Columbia Fire and 

11 Emergency Medical Services Department who re12 sides in the District of Columbia and is on call 24 

13 hours a day or is otherwise designated by the Fire 

14 Chief; 

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

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

17 of Columbia. 

18 (b) The Chief Financial Officer of the District of Co19 lumbia shall submit by March 1, 2007, an inventory, as 

20 of September 30, 2006, of all vehicles owned, leased or 

21 operated by the District of Columbia government. The in22 ventory shall include, but not be limited to, the depart23 ment to which the vehicle is assigned; the year and make 

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

25 condition of the vehicle; annual operating and mainte-
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1 nance costs; current mileage; and whether the vehicle is 

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

3 and if so, the officer or employee’s title and resident loca4 tion. 

5 SEC. 113. None of the funds contained in this Act 

6 may be used for purposes of the annual independent audit 

7 of the District of Columbia government for fiscal year 

8 2007 unless— 

9 (1) the audit is conducted by the Inspector 

10 General of the District of Columbia, in coordination 

11 with the Chief Financial Officer of the District of 

12 Columbia, pursuant to section 208(a)(4) of the Dis13 trict of Columbia Procurement Practices Act of 

14 1985 (D.C. Official Code, sec. 2–302.8); and 

15 (2) the audit includes as a basic financial state16 ment a comparison of audited actual year-end re17 sults with the revenues submitted in the budget doc18 ument for such year and the appropriations enacted 

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

20 and classifications contained in the law making the 

21 appropriations for the year and its legislative his22 tory. 

23 SEC. 114. (a) None of the Federal funds contained 

24 in this Act may be used by the District of Columbia Cor25 poration Counsel or any other officer or entity of the Dis-
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1 trict government to provide assistance for any petition 

2 drive or civil action which seeks to require Congress to 

3 provide for voting representation in Congress for the Dis4 trict of Columbia. 

5 (b) Nothing in this section bars the District of Co6 lumbia Corporation Counsel from reviewing or com7 menting on briefs in private lawsuits, or from consulting 

8 with officials of the District government regarding such 

9 lawsuits. 

10 SEC. 115. (a) None of the Federal funds contained 

11 in this Act may be used for any program of distributing 

12 sterile needles or syringes for the hypodermic injection of 

13 any illegal drug. 

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

15 contained in this Act and who carries out any program 

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

17 for such program separately from any funds contained in 

18 this Act. 

19 SEC. 116. None of the funds contained in this Act 

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

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

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

23 the District of Columbia government (including any inde24 pendent agency of the District of Columbia) who has not 

25 filed a certification with the Mayor and the Chief Finan-
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1 cial Officer of the District of Columbia that the officer 

2 understands the duties and restrictions applicable to the 

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

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

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

6 of the reports accompanying the Act and the deadline by 

7 which each report must be submitted: Provided, That the 

8 Chief Financial Officer of the District of Columbia shall 

9 provide to the Committees on Appropriations of the House 

10 of Representatives and Senate by April 1, 2007 and Octo11 ber 1, 2007, a summary list showing each report, the due 

12 date, and the date submitted to the Committees. 

13 SEC. 117. 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. 118. 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 
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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 

4 the amounts received; and 

5 (7) indicators of child well-being. 

6 SEC. 119. (a) No later than 30 calendar days after 

7 the date of the enactment of this Act, the Chief Financial 

8 Officer of the District of Columbia shall submit to the ap9 propriate committees of Congress, the Mayor, and the 

10 Council of the District of Columbia a revised appropriated 

11 funds operating budget in the format of the budget that 

12 the District of Columbia government submitted pursuant 

13 to section 442 of the District of Columbia Home Rule Act 

14 (D.C. Official Code, sec. 1–204.42), for all agencies of the 

15 District of Columbia government for fiscal year 2007 that 

16 is 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 (b) This section and its reporting requirement shall 

21 apply only to an agency where the Chief Financial Officer 

22 of the District of Columbia certifies that a reallocation is 

23 required to address unanticipated changes in program re24 quirements. 
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1 SEC. 120. (a) None of the funds contained in this 

2 Act may be made available to pay— 

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

4 party in an action or an attorney who defends an ac5 tion brought against the District of Columbia Public 

6 Schools under the Individuals with Disabilities Edu7 cation Act (20 U.S.C. 1400 et seq.) in excess of 

8 $4,000 for that action; or 

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

10 Chief Financial Officer of the District of Columbia 

11 determines to have a pecuniary interest, either 

12 through an attorney, officer, or employee of the 

13 firm, in any special education diagnostic services, 

14 schools, or other special education service providers. 

15 (b) In this section, the term ‘‘action’’ includes an ad16 ministrative proceeding and any ensuing or related pro17 ceedings before a court of competent jurisdiction. 

18 SEC. 121. The Chief Financial Officer of the District 

19 of Columbia shall require attorneys in special education 

20 cases brought under the Individuals with Disabilities Edu21 cation Act (IDEA) in the District of Columbia to certify 

22 in writing that the attorney or representative rendered any 

23 and all services for which they receive awards, including 

24 those received under a settlement agreement or as part 

25 of an administrative proceeding, under the IDEA from the 
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1 District of Columbia. As part of the certification, the Chief 

2 Financial Officer of the District of Columbia shall require 

3 all attorneys in IDEA cases to disclose any financial, cor4 porate, legal, memberships on boards of directors, or other 

5 relationships with any special education diagnostic serv6 ices, schools, or other special education service providers 

7 to which the attorneys have referred any clients as part 

8 of this certification. The Chief Financial Officer shall pre9 pare and submit quarterly reports to the Committees on 

10 Appropriations of the House of Representatives and Sen11 ate on the certification of and the amount paid by the gov12 ernment of the District of Columbia, including the District 

13 of Columbia Public Schools, to attorneys in cases brought 

14 under IDEA. The Inspector General of the District of Co15 lumbia may conduct investigations to determine the accu16 racy of the certifications. 

17 SEC. 122. The amount appropriated by this title may 

18 be increased by no more than $42,000,000 from funds 

19 identified in the comprehensive annual financial report as 

20 the District’s fiscal year 2006 unexpended general fund 

21 surplus. The District may obligate and expend these 

22 amounts only in accordance with the following conditions: 

23 (1) The Chief Financial Officer of the District 

24 of Columbia shall certify that the use of any such 

25 amounts is not anticipated to have a negative impact 
33 

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1 on the District’s long-term financial, fiscal, and eco2 nomic vitality. 

3 (2) The District of Columbia may only use 

4 these funds for the following expenditures: 

5 (A) One-time expenditures. 

6 (B) Expenditures to avoid deficit spending. 

7 (C) Debt Reduction. 

8 (D) Program needs. 

9 (E) Expenditures to avoid revenue short10 falls. 

11 (3) The amounts shall be obligated and ex12 pended in accordance with laws enacted by the 

13 Council in support of each such obligation or ex14 penditure. 

15 (4) The amounts may not be used to fund the 

16 agencies of the District of Columbia government 

17 under court ordered receivership. 

18 (5) The amounts may not be obligated or ex19 pended unless the Mayor notifies the Committees on 

20 Appropriations of the House of Representatives and 

21 Senate not fewer than 30 days in advance of the ob22 ligation or expenditure. 

23 SEC. 123. The Chief Financial Officer for the District 

24 of Columbia may, for the purpose of cash flow manage25 ment, conduct short-term borrowing from the emergency 
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1 reserve fund and from the contingency reserve fund estab2 lished under section 450A of the District of Columbia 

3 Home Rule Act (Public Law 93–198): Provided, That the 

4 amount borrowed shall not exceed 50 percent of the total 

5 amount of funds contained in both the emergency and con6 tingency reserve funds at the time of borrowing: Provided 

7 further, That the borrowing shall not deplete either fund 

8 by more than 50 percent: Provided further, That 100 per9 cent of the funds borrowed shall be replenished within 9 

10 months of the time of the borrowing or by the end of the 

11 fiscal year, whichever occurs earlier: Provided further, 

12 That in the event that short-term borrowing has been con13 ducted and the emergency or the contingency funds are 

14 later depleted below 50 percent as a result of an emer15 gency or contingency, an amount equal to the amount nec16 essary to restore reserve levels to 50 percent of the total 

17 amount of funds contained in both the emergency and con18 tingency reserve fund must be replenished from the 

19 amount borrowed within 60 days. 

20 SEC. 124. (a) To account for an unanticipated growth 

21 of revenue collections, the amount appropriated as District 

22 of Columbia Funds pursuant to this Act may be in23 creased— 

24 (1) by an aggregate amount of not more than 

25 25 percent, in the case of amounts proposed to be 
35 

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1 allocated as ‘‘Other-Type Funds’’ in the Fiscal Year 

2 2007 Proposed Budget and Financial Plan sub3 mitted to Congress by the District of Columbia; and 

4 (2) by an aggregate amount of not more than 

5 6 percent, in the case of any other amounts pro6 posed to be allocated in such Proposed Budget and 

7 Financial Plan. 

8 (b) The District of Columbia may obligate and ex9 pend any increase in the amount of funds authorized 

10 under this section only in accordance with the following 

11 conditions: 

12 (1) The Chief Financial Officer of the District 

13 of Columbia shall certify— 

14 (A) the increase in revenue; and 

15 (B) that the use of the amounts is not an16 ticipated to have a negative impact on the long17 term financial, fiscal, or economic health of the 

18 District. 

19 (2) The amounts shall be obligated and ex20 pended in accordance with laws enacted by the 

21 Council of the District of Columbia in support of 

22 each such obligation and expenditure, consistent 

23 with the requirements of this Act. 
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1 (3) The amounts may not be used to fund any 

2 agencies of the District government operating under 

3 court-ordered receivership. 

4 (4) The amounts may not be obligated or ex5 pended unless the Mayor has notified the Commit6 tees on Appropriations of the House of Representa7 tives and Senate not fewer than 30 days in advance 

8 of the obligation or expenditure. 

9 SEC. 125. (a) None of the funds contained in this 

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

11 regulation to legalize or otherwise reduce penalties associ12 ated with the possession, use, or distribution of any sched13 ule I substance under the Controlled Substances Act (21 

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

15 (b) The Legalization of Marijuana for Medical Treat16 ment Initiative of 1998, also known as Initiative 59, ap17 proved by the electors of the District of Columbia on No18 vember 3, 1998, shall not take effect. 

19 SEC. 126. None of the funds appropriated under this 

20 Act shall be expended for any abortion except where the 

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

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

23 an act of rape or incest. 

24 SEC. 127. The entire process used by the Chief Fi25 nancial Officer to acquire any and all kinds of goods, 
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1 works and services by any contractual means, including 

2 but not limited to purchase, lease or rental, shall be ex3 empt from all of the provisions of the District of Colum4 bia’s Procurement Practices Act: Provided, That provi5 sions made by this subsection shall take effect as if en6 acted in D.C. Law 11–259 and shall remain in effect until 

7 September 30, 2007. 

8 SEC. 128. There is hereby appropriated such addi9 tional other type funds as may be necessary to conduct 

10 expenditures authorized to be made from the District of 

11 Columbia Commodities Cost Reserve Fund, established by 

12 section 47–368.04 of the District of Columbia Official 

13 Code and the Leasing Fees Working Fund, established by 

14 section 5 of the District of Columbia Appropriations Act, 

15 1955, approved July 1, 1956 (68 Stat. 393; D.C. Official 

16 Code 10–701). 

17 SEC. 129. Amounts appropriated in this Act as oper18 ating funds may be transferred to the District of Colum19 bia’s enterprise and capital funds and such amounts, once 

20 transferred shall retain appropriation authority consistent 

21 with the provisions of this Act. 

22 SEC. 130. Of the funds appropriated in this Act and 

23 subsequent appropriations Acts for the direct loan fund 

24 established pursuant to section 143 of the District of Co25 lumbia Appropriations Act for Fiscal Year 2003 (Public 
38 

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1 Law 108–7; 117 Stat. 112 (2003), as amended), and the 

2 credit enhancement fund established pursuant to section 

3 603(e) of the Student Loan Marketing Association Reor4 ganization Act of 1996 (Public Law 104–208; 110 Stat. 

5 3009; 20 U.S.C. 1155(e), as amended), shall not be sub6 ject to the requirements set forth in section 451 of the 

7 Self-Government and Governmental Reorganization Act 

8 (Home Rule Act, Public Law 93–198, 87 Stat. 777, § 451 

9 (1973); D.C. Official Code § 1–204.51 (2001), as amend10 ed). 

11 SEC. 131. Notwithstanding any other provision of 

12 law, an eligible student who received a scholarship for the 

13 2004–2005 school year or the 2005–2006 school year 

14 under the D.C. School Choice Incentive Act of 2003 (title 

15 III of division C of the Consolidated Appropriations Act, 

16 2004, Public Law 108–199), shall be eligible to receive 

17 a scholarship for the second or any succeeding year of his 

18 or her participation in the program, provided the student 

19 comes from a household whose income does not exceed 300 

20 percent of the poverty line. 

21 SEC. 132. The Chief Financial Officer shall prepare 

22 and annually submit to the Mayor of the District of Co23 lumbia, for inclusion in the annual budget of the District 

24 of Columbia government for a fiscal year, annual esti25 mates of the expenditures and appropriations necessary 
39 

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1 for the year for the operation of the Office and all other 

2 District of Columbia accounting, budget, and financial 

3 management personnel (including personnel of executive 

4 branch independent agencies) that report to the Office. All 

5 such estimates shall be forwarded by the Mayor to the 

6 Council of the District of Columbia for its action pursuant 

7 to sections 446 and 603(c) of the District of Columbia 

8 Home Rule Act, approved December 24, 1973 (D.C. Offi9 cial Code §§ 1–204.46 and 1–206.03(c)), without revision 

10 but subject to recommendations. Notwithstanding any 

11 other provision of such Act, the Council may comment or 

12 make recommendations concerning such estimates, but 

13 shall have no authority to revise such estimates. 

14 SEC. 133. The authority that the Chief Financial Of15 ficer (CFO) of the District of Columbia exercised with re16 spect to personnel and the preparation of fiscal impact 

17 statements during a control period (as defined in Public 

18 Law 104–8) shall remain in effect until September 30, 

19 2007: Provided, That, unless otherwise expressly exempted 

20 from CFO oversight within the District of Columbia Home 

21 Rule Act, approved December 24, 1973, the personnel au22 thority exercised by the OCFO extends to all agencies and 

23 staff identified in section 142(a) of the District of Colum24 bia Appropriations Act, 1997 (Public Law 104–194; 110 

25 Stat. 2375) without exception. 
40 

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1 SEC. 134. Section 424(b)(3) of the District of Colum2 bia Home Rule Act (sec. 1–204.24b(c), D.C. Official 

3 Code) is amended by striking the period at the end of the 

4 sentence and inserting ‘‘times 1.50.’’. 

5 SEC. 135. The term of office of the individual serving 

6 as the District of Columbia Chief Financial Officer as of 

7 the date of enactment of this Act shall not end prior to 

8 June 30, 2008. 

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

10 Appropriations Act, 2007’’. 

Calendar No. 517 

109TH CONGRESS 

2D SESSION S. 3660 

[Report No. 109–281] 

A BILL 

Making appropriations for the government of the 

30, 2007, and for other purposes. said District for the fiscal year ending September able in whole or in part against the revenues of District of Columbia and other activities chargeJULY 13, 2006 

Read twice and placed on the calendar