II 
Calendar No. 278
108TH CONGRESS 
1ST SESSION H. R. 2765
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 10, 2003
Received; read twice and placed on the calendar 
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.
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the 
District of Columbia 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, in-
cluding any interest accrued thereon, may be used on be-
half 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 edu-
cation, 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 author-
ized: Provided further, That the District of Columbia gov-
ernment shall maintain a dedicated account for the Resi-
dent Tuition Support Program that shall consist of the
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Federal funds appropriated to the Program in this Act 
and any subsequent appropriations, any unobligated bal-
ances 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 Sup-
port Program: Provided further, That 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 jurisdic-
tions, $15,000,000, to remain available until expended, to 
reimburse the District of Columbia for the costs of pro-
viding public safety at events related to the presence of 
the national capital in the District of Columbia, and for 
the costs of providing support to respond to immediate
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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 ap-
portioned pursuant to chapter 15 of title 31, United 
States Code. 
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA 
COURTS 
For salaries and expenses for the District of Colum-
bia Courts, $163,819,000, 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 Su-
perior 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 $31,651,000, to remain 
available until September 30, 2005, for capital improve-
ments for District of Columbia courthouse facilities: Pro-
vided, That funds made available for capital improvements 
shall be expended consistent with the General Services Ad-
ministration master plan study and building evaluation re-
port: Provided further, That notwithstanding any other
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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 prepa-
ration 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 Represent-
atives and Senate, the Committee on Government Reform 
of the House of Representatives, and the Committee on 
Governmental Affairs of the Senate: Provided further, 
That 30 days after providing written notice to the Com-
mittees on Appropriations of the House of Representatives 
and Senate, the District of Columbia Courts may reallo-
cate funds provided under this heading for the Court of 
Appeals, District of Columbia Superior Court, and the 
District of Columbia Court System: Provided further, That 
such reallocation may increase or decrease funding for 
such entity by no more than 2 percent. 
DEFENDER SERVICES IN DISTRICT OF COLUMBIA 
COURTS 
For payments authorized under section 11–2604 and 
section 11–2605, D.C. Official Code (relating to represen-
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tation provided under the District of Columbia Criminal 
Justice Act), payments for counsel appointed in pro-
ceedings in the Family Court of the Superior Court of the 
District of Columbia under chapter 23 of title 16, D.C. 
Official Code, and payments for counsel authorized under 
section 21–2060, D.C. Official Code (relating to represen-
tation provided under the District of Columbia Guardian-
ship, Protective Proceedings, and Durable Power of Attor-
ney Act of 1986), $32,000,000, to remain available until 
expended: Provided further, That the funds provided in 
this Act under the heading ‘‘Federal Payment to the Dis-
trict of Columbia Courts’’ (other than the $31,651,000 
provided under such heading for capital improvements for 
District of Columbia courthouse facilities) may also be 
used for payments under this heading: Provided further, 
That in addition to the funds provided under this heading, 
the Joint Committee on Judicial Administration in the 
District of Columbia shall use funds provided in this Act 
under the heading ‘‘Federal Payment to the District of 
Columbia Courts’’ (other than the $31,651,000 provided 
under such heading for capital improvements for District 
of Columbia courthouse facilities), to make payments de-
scribed under this heading for obligations incurred during 
any fiscal year: Provided further, That funds provided 
under this heading shall be administered by the Joint
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Committee on Judicial Administration in the District of 
Columbia: Provided further, That notwithstanding any 
other provision of law, this appropriation shall be appor-
tioned 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 contrac-
tual basis with the General Services Administration 
(GSA), said services to include the preparation of monthly 
financial reports, copies of which shall be submitted di-
rectly 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 Govern-
mental Affairs of the Senate. 
FEDERAL PAYMENT TO THE COURT SERVICES AND OF-
FENDER 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, as au-
thorized by the National Capital Revitalization and Self-
Government Improvement Act of 1997, $163,081,000, of 
which not to exceed $2,000 is for official receptions and
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representation expenses related to Community Supervision 
and Pretrial Services Agency programs; 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 $100,460,000 shall be for necessary expenses of 
Community Supervision and Sex Offender Registration, to 
include expenses relating to the supervision of adults sub-
ject to protection orders or the provision of services for 
or related to such persons; of which $37,411,000 shall be 
available to the Pretrial Services Agency; and of which 
$25,210,000 shall be transferred to the Public Defender 
Service for the District of Columbia: Provided, That not-
withstanding any other provision of law, all amounts 
under this heading shall be apportioned quarterly by the 
Office of Management and Budget and obligated and ex-
pended in the same manner as funds appropriated for sal-
aries and expenses of other Federal agencies: Provided fur-
ther, That notwithstanding chapter 33 of title 40, United 
States Code, the Director may acquire by purchase, lease, 
condemnation, or donation, and renovate as necessary, 
Building Number 17, 1900 Massachusetts Avenue, South-
east, Washington, District of Columbia to house or super-
vise offenders and defendants, with funds made available 
for this purpose in Public Law 107–96: Provided further,
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That the Director is authorized to accept and use gifts 
in the form of in-kind contributions of space and hospi-
tality 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 pre-
vious proviso, and shall make such records available for 
audit and public inspection. 
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA 
WATER AND SEWER AUTHORITY 
For a Federal payment to the District of Columbia 
Water and Sewer Authority, $35,000,000, to remain avail-
able until expended, to continue implementation of the 
Combined Sewer Overflow Long-Term Plan: Provided, 
That the District of Columbia Water and Sewer Authority 
provides a 100 percent match for this payment. 
FEDERAL PAYMENT FOR THE ANACOSTIA WATERFRONT 
INITIATIVE 
For a Federal payment to the District of Columbia 
Department of Transportation, $4,300,000, to remain 
available until September 30, 2005, for design and con-
struction of a continuous pedestrian and bicycle trail sys-
tem from the Potomac River to the District’s border with 
Maryland.
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FEDERAL PAYMENT TO THE CRIMINAL JUSTICE 
COORDINATING COUNCIL 
For a Federal payment to the Criminal Justice Co-
ordinating Council, $1,300,000, to support initiatives re-
lated to the coordination of Federal and local criminal jus-
tice resources in the District of Columbia. 
FEDERAL PAYMENT FOR CAPITAL DEVELOPMENT IN 
THE DISTRICT OF COLUMBIA
For a Federal payment to the District of Columbia 
for capital development, $8,000,000, to remain available 
until expended, for the Unified Communications Center. 
FEDERAL PAYMENT FOR PUBLIC SCHOOL FACILITIES 
For a Federal payment to the District of Columbia 
Public Schools, $4,500,000, of which $500,000 shall be 
for a window repair and reglazing program and 
$4,000,000 shall be for a playground repair and replace-
ment program. 
FEDERAL PAYMENT FOR THE FAMILY LITERACY 
PROGRAM 
For a Federal payment to the District of Columbia, 
$2,000,000 for the Family Literacy Program to address 
the needs of literacy-challenged parents while endowing 
their children with an appreciation for literacy and 
strengthening familial ties: Provided, That the District of
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Columbia shall provide a 100 percent match with local 
funds as a condition of receiving this payment. 
FEDERAL PAYMENT FOR A DISTRICT OF COLUMBIA 
SCHOLARSHIP PROGRAM 
For a Federal payment for a District of Columbia 
scholarship program, $10,000,000, subject to authoriza-
tion. 
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, $10,000,000 for education, 
public safety and health, economic development, and infra-
structure initiatives in the District of Columbia. 
TITLE II—DISTRICT OF COLUMBIA FUNDS 
OPERATING EXPENSES 
DIVISION OF EXPENSES 
The following amounts are appropriated for the Dis-
trict of Columbia for the current fiscal year out of the 
general fund of the District of Columbia, except as other-
wise specifically provided: Provided, That notwithstanding 
any other provision of law, except as provided in section 
450A of the District of Columbia Home Rule Act (D.C. 
Official Code, sec. 1–204.50a) and section 117 of this Act, 
the total amount appropriated in this Act for operating 
expenses for the District of Columbia for fiscal year 2004
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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, $1,568,734,000 shall be from 
Federal grant funds, $910,904,000 shall be from other 
funds, and $13,766,000 shall be from private funds), in 
addition, $59,800,000 from funds previously appropriated 
in this Act as Federal payments: Provided further, That 
this amount may be increased by proceeds of one-time 
transactions, which are expended for emergency or unan-
ticipated operating or capital needs: Provided further, 
That such increases shall be approved by enactment of 
local District law and shall comply with all reserve require-
ments contained in the District of Columbia Home Rule 
Act as amended by this Act: Provided further, That the 
Chief Financial Officer of the District of Columbia shall 
take such steps as are necessary to assure that the Dis-
trict of Columbia meets these requirements, including the 
apportioning by the Chief Financial Officer of the appro-
priations 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 de-
rived from bonds, notes, or other obligations issued for 
capital projects.
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GOVERNMENTAL DIRECTION AND SUPPORT 
Governmental direction and support, $284,415,000 
(including $206,825,000 from local funds, $57,440,000 
from Federal grant funds, and $20,150,000 from other 
funds), in addition, $10,000,000 from funds previously 
appropriated in this Act under the heading ‘‘Federal Pay-
ment to the Chief Financial Officer of the District of Co-
lumbia’’: Provided, That not to exceed $2,500 for the 
Mayor, $2,500 for the Chairman of the Council of the Dis-
trict 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 ex-
penses 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 Ad-
mission to Statehood from its own locally generated reve-
nues: 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 del-
egated small purchase authority shall be $500,000: Pro-
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vided 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 gov-
ernment, for purchases that do not exceed $500,000: Pro-
vided further, That not to exceed $25,000, to remain avail-
able until expended, of the funds in the District of Colum-
bia Antitrust Fund established pursuant to section 820 
of the District of Columbia Procurement Practices Act of 
1985 (D.C. Law 6–85; D.C. Official Code, sec. 2–308.20) 
is hereby made available for the use of the Office of the 
Corporation Counsel of the District of Columbia in accord-
ance 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 grant funds, $132,109,000 from other 
funds, and $125,000 from private 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
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Code, sec. 2–1215.15 et seq.): Provided, That such funds 
are available for acquiring services provided by the Gen-
eral Services Administration: Provided further, That Busi-
ness 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 
grant funds, $18,944,000 from other funds, and $9,000 
from private funds), in addition, $1,300,000 from funds 
previously appropriated in this Act under the heading 
‘‘Federal Payment to the Criminal Justice Coordinating 
Council’’: 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 Na-
tional Guard: Provided further, That such sums as may 
be necessary for reimbursement to the District of Colum-
bia National Guard under the preceding proviso shall be
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available from this appropriation, and the availability of 
the sums shall be deemed as constituting payment in ad-
vance 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, $27,074,000 from other 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 established 
pursuant to the Medicaid and Special Education Reform 
Fund Establishment Act of 2002 (D.C. Law 14–190; D.C. 
Official Code 4–204.51 et seq.)), in addition, $17,000,000 
from funds previously appropriated in this Act under the 
heading ‘‘Federal Payment for Resident Tuition Support’’ 
and $4,500,000 from funds previously appropriated in this 
Act under the heading ‘‘Federal Payment for Public 
School Facilities’’, 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 grant 
funds, $6,527,000 from other funds, $3,599,000 
from private funds, and not to exceed $6,816,000, to
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remain available until expended, from the Medicaid 
and Special Education Reform Fund established 
pursuant to the Medicaid and Special Education Re-
form Fund Establishment Act of 2002 (D.C. Law 
14–190; D.C. Official Code 4–204.51 et seq.)), in 
addition, $4,500,000 from funds previously appro-
priated in this Act under the heading ‘‘Federal Pay-
ment for Public School Facilities’’ shall be available 
for District of Columbia Public Schools: Provided, 
That notwithstanding any other provision of law, 
rule, or regulation, the evaluation process and in-
struments 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 sub-
sidize the education of any nonresident of the Dis-
trict of Columbia at any District of Columbia public 
elementary or secondary school during fiscal year 
2004 unless the nonresident pays tuition to the Dis-
trict 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 non-
resident (as established by the Superintendent of the 
District of Columbia Public Schools): Provided fur-
ther, That notwithstanding the amounts otherwise
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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 pro-
vided 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 Colum-
bia 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 fur-
ther, 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 ap-
proval.
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(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 pre-
viously appropriated in this Act under the heading 
‘‘Federal Payment for Resident Tuition Support’’ 
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 pub-
lic charter school. 
(3) DISTRICT OF COLUMBIA PUBLIC CHARTER 
SCHOOLS.—$137,531,000 from local funds shall be 
available for District of Columbia a public charter 
schools: Provided, That there shall be quarterly dis-
bursement of funds to the District of Columbia pub-
lic 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 alloca-
tion has not been provided as payments to any pub-
lic charter schools currently in operation through the 
per pupil funding formula, the funds shall be avail-
able as follows: (A) the first $3,000,000 shall be de-
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posited in the Credit Enhancement Revolving Fund 
established pursuant to section 603(e) of the Stu-
dent Loan Marketing Association Reorganization 
Act of 1996 (Public Law 104–208; 110 Stat. 3009; 
20 U.S.C. 1155(e)); and (B) the balance shall be for 
public 
education 
in 
accordance 
with 
section 
2403(b)(2) of the District of Columbia School Re-
form Act of 1995 (D.C. Official Code, sec. 38–
1804.03(b)(2)): Provided further, That of the 
amounts made available to District of Columbia pub-
lic charter schools, $25,000 shall be made available 
to the Office of the Chief Financial Officer as au-
thorized by section 2403(b)(6) of the District of Co-
lumbia 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 not-
withstanding 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
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2005 (as submitted to Congress), and the amount of 
such payment shall be chargeable against the final 
amount provided for such payments under the Dis-
trict of Columbia Appropriations Act, 2005. 
(4) UNIVERSITY OF THE DISTRICT OF COLUM-
BIA.—$80,660,000 (including $48,656,000 from 
local funds, $11,867,000 from Federal grant funds, 
$19,434,000 from other funds, and $703,000 from 
private funds) shall be available for the University of 
the District of Columbia: Provided, That this appro-
priation shall not be available to subsidize the edu-
cation 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 Dis-
trict 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 pro-
vided 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 pro-
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other educational purposes may be used to permit, encour-
age, 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. 106. 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 Represent-
atives and Senate, the Committee on Government Reform 
of the House of Representatives, the Committee on Gov-
ernmental Affairs of the Senate, and the Council of the 
District of Columbia, or their duty authorized representa-
tive. 
SEC. 107. (a) Except as provided in subsection (b), 
no part of this appropriation shall 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. 
(b) The District of Columbia may use local funds pro-
vided in this Act to carry out lobbying activities on any 
matter other than—
(1) the promotion or support of any boycott; or