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(2) statehood for the District of Columbia or 
voting representation in Congress for the District of 
Columbia. 
(c) Nothing in this section may be construed to pro-
hibit any elected official from advocating with respect to 
any of the issues referred to in subsection (b). 
SEC. 108. (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 ex-
penditures for an agency through a reprogramming of 
funds which—
(1) creates new programs; 
(2) eliminates a program, project, or responsi-
bility center; 
(3) establishes or changes allocations specifi-
cally 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 pre-
viously deferred through reprogramming;
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(6) augments any existing program, project, or 
responsibility center through a reprogramming of 
funds in excess of $1,000,000 or 10 percent, which-
ever is less; or 
(7) increases by 20 percent or more personnel 
assigned to a specific program, project or responsi-
bility center, 
unless the Committee on Appropriations of the House of 
Representatives and Senate are notified in writing 30 days 
in advance of the reprogramming. 
(b) None 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 appropria-
tion heading to another unless the Committees on Appro-
priations of the House of Representatives and Senate are 
notified in writing 30 days in advance of the transfer, ex-
cept that in no event may the amount of any funds trans-
ferred exceed 4 percent of the local funds in the appropria-
tions. 
SEC. 109. 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.
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SEC. 110. Notwithstanding any other provisions of 
law, the provisions of the District of Columbia Govern-
ment 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 Co-
lumbia Home Rule Act (D.C. Official Code, sec. 1–
204l.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 govern-
ment shall not be subject to the provisions of title 5, 
United States Code. 
SEC. 111. 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 mid-
year shall be used for the midyear report. 
SEC. 112. No sole source contract with the District 
of Columbia government or any agency thereof may be re-
newed 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
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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 competi-
tive bidding process has been made in accordance with 
duly promulgated rules and procedures and has been re-
viewed and certified by the Chief Financial Officer of the 
District of Columbia. 
SEC. 113. (a) In the event a sequestration order is 
issued pursuant to the Balanced Budget and Emergency 
Deficit Control Act of 1985 after the amounts appro-
priated to the District of Columbia for the fiscal year in-
volved have been paid to the District of Columbia, the 
Mayor of the District of Columbia shall pay to the Sec-
retary 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 appro-
priation accounts in this Act that are not specifically ex-
empted from sequestration by such Act. 
(b) For purposes of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, the term ‘‘program, 
project, and activity’’ shall be synonymous with and refer
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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 ex-
empted from sequestration by the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
SEC. 114. 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 Rep-
resentative 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. 115. 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. 116. 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 oth-
erwise implement or enforce any system of registration of 
unmarried, cohabiting couples, including but not limited
HR 2765 PCS 
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 mar-
ried couples. 
SEC. 117. (a) Notwithstanding any other provision 
of this Act, the Mayor, in consultation with the Chief Fi-
nancial 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)(1) No such Federal, private, or other grant may 
be accepted, obligated, or expended pursuant to subsection 
(a) until—
(A) the Chief Financial Officer of the District 
of Columbia submits to the Council a report setting 
forth detailed information regarding such grant; and 
(B) the Council has reviewed and approved the 
acceptance, obligation, and expenditure of such 
grant. 
(2) For purposes of paragraph (1)(B), the Council 
shall be deemed to have reviewed and approved the accept-
ance, obligation, and expenditure of a grant if—
(A) no written notice of disapproval is filed with 
the Secretary of the Council within 14 calendar days
HR 2765 PCS 
of the receipt of the report from the Chief Financial 
Officer under paragraph (1)(A); or 
(B) if such a notice of disapproval is filed with-
in such deadline, the Council does not by resolution 
disapprove the acceptance, obligation, or expenditure 
of the grant within 30 calendar days of the initial 
receipt of the report from the Chief Financial Offi-
cer under paragraph (1)(A). 
(c) No amount may be obligated or expended from 
the general fund or other funds of the District of Colum-
bia 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 Co-
lumbia shall prepare a quarterly report setting forth de-
tailed 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. 118. (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
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employee of the District of Columbia with an official vehi-
cle unless the officer or employee uses the vehicle only in 
the performance of the officer’s or employee’s official du-
ties. For purposes of this paragraph, the term ‘‘official 
duties’’ does not include travel between the officer’s or em-
ployee’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 Co-
lumbia or is otherwise designated by the Chief of the 
Department; 
(2) at the discretion of the Fire Chief, an offi-
cer or employee of the District of Columbia Fire and 
Emergency Medical Services Department who re-
sides 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 Co-
lumbia 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 in-
ventory shall include, but not be limited to, the depart-
ment to which the vehicle is assigned; the year and make 
of the vehicle; the acquisition date and cost; the general
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condition of the vehicle; annual operating and mainte-
nance 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 loca-
tion. 
SEC. 119. 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 Dis-
trict of Columbia Procurement Practices Act of 
1985 (D.C. Official Code, sec. 2–302.8); and 
(2) the audit includes as a basic financial state-
ment a comparison of audited actual year-end re-
sults with the revenues submitted in the budget doc-
ument 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 his-
tory. 
SEC. 120. (a) None of the funds contained in this 
Act may be used by the District of Columbia Corporation
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Counsel or any other officer or entity of the District gov-
ernment to provide assistance for any petition drive or civil 
action which seeks to require Congress to provide for vot-
ing representation in Congress for the District of Colum-
bia. 
(b) Nothing in this section bars the District of Co-
lumbia Corporation Counsel from reviewing or com-
menting on briefs in private lawsuits, or from consulting 
with officials of the District government regarding such 
lawsuits. 
SEC. 121. (a) None of the funds contained in this 
Act may be used for any program of distributing sterile 
needles or syringes for the hypodermic injection of any ille-
gal 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. 122. 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 inde-
pendent agency of the District of Columbia) who has not
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filed a certification with the Mayor and the Chief Finan-
cial 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 Represent-
atives 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. 123. (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 associ-
ated with the possession, use, or distribution of any sched-
ule I substance under the Controlled Substances Act (21 
U.S.C. 802) or any tetrahydrocannabinols derivative. 
(b) The Legalization of Marijuana for Medical Treat-
ment Initiative of 1998, also known as Initiative 59, ap-
proved by the electors of the District of Columbia on No-
vember 3, 1998, shall not take effect. 
SEC. 124. Nothing in this Act may be construed to 
prevent the Council or Mayor of the District of Columbia
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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 excep-
tions for religious beliefs and moral convictions. 
SEC. 125. 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—
(1) crime, including the homicide rate, imple-
mentation of community policing, the number of po-
lice officers on local beats, and the closing down of 
open-air drug markets; 
(2) access to substance and alcohol abuse treat-
ment, including the number of treatment slots, the 
number of people served, the number of people on 
waiting lists, and the effectiveness of treatment pro-
grams; 
(3) management of parolees and pre-trial vio-
lent offenders, including the number of halfway 
houses escapes and steps taken to improve moni-
toring and supervision of halfway house residents to 
reduce the number of escapes to be provided in con-
HR 2765 PCS 
sultation with the Court Services and Offender Su-
pervision Agency for the District of Columbia; 
(4) education, including access to special edu-
cation services and student achievement to be pro-
vided in consultation with the District of Columbia 
Public Schools and the District of Columbia public 
charter schools; 
(5) improvement in basic District services, in-
cluding 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. 126. No later than 30 calendar days after the 
date of the enactment of this Act, the Chief Financial Offi-
cer of the District of Columbia shall submit to the appro-
priate 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 Dis-
trict of Columbia government submitted pursuant to sec-
tion 442 of the District of Columbia Home Rule Act (D.C. 
Official Code, sec. 1–204.42), for all agencies of the Dis-
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trict of Columbia government for fiscal year 2003 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. 127. 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. 128. None of the Federal funds made available 
in this Act may be transferred to any department, agency, 
or instrumentality of the United States Government, ex-
cept pursuant to a transfer made by, or transfer authority 
provided in, this Act or any other appropriation Act. 
SEC. 129. During fiscal year 2004 and any subse-
quent fiscal year, in addition to any other authority to pay 
claims and judgments, any department, agency, or instru-
mentality of the District government may use local funds 
to 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).
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SEC. 130. Notwithstanding any other law, the Dis-
trict of Columbia Courts shall transfer to the general 
treasury of the District of Columbia all fines levied and 
collected by the Courts under section 10(b)(1) and (2) of 
the District of Columbia Traffic Act (D.C. Official Code, 
sec. 50–2201.05(b)(1) and (2)). 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 accord-
ance with section 10(b)(3) of the District of Columbia 
Traffic Act (D.C. Official Code, sec. 50–2201.05(b)(3)). 
SEC. 131. During fiscal year 2004 and any subse-
quent fiscal year, any agency of the District government 
may transfer to the Office of Labor Relations and Collec-
tive Bargaining (OLRCB) such local funds as may be nec-
essary 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. 132. (a) 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 an ac-
tion, including an administrative proceeding, brought
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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. 
(b)(1) The District of Columbia Public Schools shall 
increase the amount of local funds it allocates for services 
to children under the Individuals With Disabilities Edu-
cation Act during fiscal year 2004 by the amount of sav-
ings resulting during the year from the restrictions on the 
payment of attorney fees under subsection (a), as esti-
mated and published by the Chief Financial Officer. 
(2) The Chief Financial Officer shall make estimates 
of the savings described in paragraph (1) on a quarterly 
basis during fiscal year 2004, and shall publish the esti-
mates not later than 10 days after the end of each quarter. 
SEC. 133. 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
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that the attorney or representative rendered any and all 
services for which they receive awards, including those re-
ceived under a settlement agreement or as part of an ad-
ministrative 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 
shall require all attorneys in IDEA cases to disclose any 
financial, corporate, legal, memberships on boards of di-
rectors, 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 quar-
terly reports to the Committees on Appropriations of the 
Senate and the House of Representatives on the certifi-
cation 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 Dis-
trict of Columbia may conduct investigations to determine 
the accuracy of the certifications. 
SEC. 134. None of the funds contained in this Act 
may be used to fund or otherwise support the action of 
District of Columbia, et al., v. Beretta U.S.A. et al. (Nos.
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03–CV–24, 03–CV–38, District of Columbia Court of Ap-
peals). 
TITLE IV—DC PARENTAL 
CHOICE 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘DC Parental Choice 
Incentive Act of 2003’’. 
SEC. 402. FINDINGS. 
The Congress finds the following: 
(1) Parents are best equipped to make decisions 
for their children, including the educational setting 
that will best serve the interests and educational 
needs of their child. 
(2) For many parents in the District of Colum-
bia, public school choice provided for under the No 
Child Left Behind Act of 2001 is inadequate due to 
capacity constraints within the public schools. 
Therefore, in keeping with the spirit of the No Child 
Left Behind Act of 2001, school choice options, in 
addition to those already available to parents in the 
District of Columbia (such as magnet and charter 
schools and open enrollment schools) should be made 
available to those parents. 
(3) In the most recent mathematics assessment 
on the National Assessment of Educational Progress
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(NAEP), administered in 2000, a lower percentage 
of 4th-grade students in DC demonstrated pro-
ficiency than was the case for any State. Seventy-six 
percent of DC fourth-graders scored at the ‘‘below 
basic’’ level and of the 8th-grade students in the 
District of Columbia, only 6 percent of the students 
tested at the proficient or advanced levels, and 77 
percent were below basic. In the most recent NAEP 
reading assessment, in 1998, only 10 percent of DC 
fourth-graders could read proficiently, while 72 per-
cent were below basic. At the 8th-grade level, 12 
percent were proficient or advanced and 56 percent 
were below basic. 
(4) A program enacted for the valid secular 
purpose of providing educational assistance to low-
income children in a demonstrably failing public 
school system is constitutional under Zelman v. Sim-
mons-Harris if it is neutral with respect to religion 
and provides assistance to a broad class of citizens 
who direct government aid to schools solely as a re-
sult of their independent private choices. 
SEC. 403. PURPOSE. 
The purpose of this title is to provide low-income par-
ents residing in the District of Columbia, particularly par-
ents of students who attend elementary or secondary
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(1) IN GENERAL.—Each grantee shall ensure 
that each school participating in the grantee’s pro-
gram under this title during a year reports at least 
once during the year to the parents of each of the 
school’s students who are participating in the pro-
gram on—
(A) the student’s academic achievement, as 
measured by a comparison with the aggregate 
academic achievement of other participating 
students at the student’s school in the same 
grade or level, as appropriate, and the aggre-
gate academic achievement of the student’s 
peers at the student’s school in the same grade 
or level, as appropriate; and 
(B) the safety of the school, including the 
incidence of school violence, student suspen-
sions, and student expulsions. 
(2) PROHIBITING
DISCLOSURE
OF
PERSONAL 
INFORMATION.—No report under this subsection 
may contain any personally identifiable information, 
except as to the student who is the subject of the 
report to that student’s parent. 
(d) REPORT
TO CONGRESS.—The Secretary shall 
submit to the Committees on Appropriations, Education 
and the Workforce, and Government Reform of the House