421 
the amount appropriated as District of Columbia Funds 
may be increased— 
(1) by an aggregate amount of not more than 
25 percent, in the case of amounts proposed to be 
allocated as ‘‘Other-Type Funds’’ in the annual Pro-
posed Budget and Financial Plan submitted to Con-
gress by the District of Columbia; and 
(2) by an aggregate amount of not more than 
6 percent, in the case of any other amounts pro-
posed to be allocated in such Proposed Budget and 
Financial Plan. 
(b) The District of Columbia may obligate and ex-
pend any increase in the amount of funds authorized 
under this section only in accordance with the following 
conditions: 
(1) The Chief Financial Officer of the District 
of Columbia shall certify— 
(A) the increase in revenue; and 
(B) that the use of the amounts is not an-
ticipated to have a negative impact on the long- 
term financial, fiscal, or economic health of the 
District. 
(2) The amounts shall be obligated and ex-
pended in accordance with laws enacted by the 
Council of the District of Columbia in support of 
VerDate Nov 24 2008 
05:11 Feb 24, 2009
Jkt 079200
PO 00000
Frm 00421
Fmt 6652
Sfmt 6201
E:\BILLS\H1105.IH
H1105
jbell on PROD1PC69 with BILLS
422 
each such obligation and expenditure, consistent 
with the requirements of this Act. 
(3) The amounts may not be used to fund any 
agencies of the District government operating under 
court-ordered receivership. 
(4) The amounts may not be obligated or ex-
pended unless the Mayor has notified the Commit-
tees on Appropriations of the House of Representa-
tives and the Senate not fewer than 30 days in ad-
vance of the obligation or expenditure. 
SEC. 818. Beginning in fiscal year 2009 and each fis-
cal year thereafter, the Chief Financial Officer for the Dis-
trict of Columbia may, for the purpose of cash flow man-
agement, conduct short-term borrowing from the emer-
gency reserve fund and from the contingency reserve fund 
established under section 450A of the District of Columbia 
Home Rule Act (Public Law 93–198): Provided, That the 
amount borrowed shall not exceed 50 percent of the total 
amount of funds contained in both the emergency and con-
tingency reserve funds at the time of borrowing: Provided 
further, That the borrowing shall not deplete either fund 
by more than 50 percent: Provided further, That 100 per-
cent of the funds borrowed shall be replenished within 9 
months of the time of the borrowing or by the end of the 
fiscal year, whichever occurs earlier: Provided further, 
VerDate Nov 24 2008 
05:11 Feb 24, 2009
Jkt 079200
PO 00000
Frm 00422
Fmt 6652
Sfmt 6201
E:\BILLS\H1105.IH
H1105
jbell on PROD1PC69 with BILLS
423 
That in the event that short-term borrowing has been con-
ducted and the emergency or the contingency reserve 
funds are later depleted below 50 percent as a result of 
an emergency or contingency, an amount equal to the 
amount necessary to restore reserve levels to 50 percent 
of the total amount of funds contained in both the emer-
gency and contingency reserve fund must be replenished 
from the amount borrowed within 60 days. 
SEC. 819. (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. 801 et seq.) or any tetrahydrocannabinols deriva-
tive. 
(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. 820. 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. 
VerDate Nov 24 2008 
05:11 Feb 24, 2009
Jkt 079200
PO 00000
Frm 00423
Fmt 6652
Sfmt 6201
E:\BILLS\H1105.IH
H1105
jbell on PROD1PC69 with BILLS
424 
SEC. 821. Amounts appropriated in this Act as oper-
ating funds may be transferred to the District of Colum-
bia’s enterprise and capital funds and such amounts, once 
transferred shall retain appropriation authority consistent 
with the provisions of this Act. 
SEC. 822. (a) INCREASE IN THE HOURLY RATE FOR 
ATTORNEYS REPRESENTING INDIGENT DEFENDANTS IN 
THE DISTRICT
OF COLUMBIA COURTS.—Section 11– 
2604(a), District of Columbia Official Code, is amended 
by striking ‘‘$80 per hour’’ and inserting ‘‘$90 per hour’’. 
(b) SPECIAL RULE FOR COMPENSATION OF ATTOR-
NEYS
IN NEGLECT
AND TERMINATION
OF PARENTAL 
RIGHTS PROCEEDINGS.—Section 16–2326.01(b), District 
of Columbia Official Code, is amended— 
(1) in paragraph (1), by striking ‘‘$1,760’’ and 
inserting ‘‘$1,980’’; 
(2) in paragraph (2), by striking ‘‘$1,760’’ and 
inserting ‘‘$1,980’’; 
(3) in paragraph (3), by striking ‘‘$2,400’’ and 
inserting ‘‘$2,700’’; and 
(4) in paragraph (4), by striking ‘‘$1,200’’ and 
inserting ‘‘$1,350’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to cases and pro-
VerDate Nov 24 2008 
05:11 Feb 24, 2009
Jkt 079200
PO 00000
Frm 00424
Fmt 6652
Sfmt 6201
E:\BILLS\H1105.IH
H1105
jbell on PROD1PC69 with BILLS