H. R. 4850—17
of the District of Columbia at the University of the District of
Columbia, unless the Board of Trustees of the University of the
District of Columbia adopts, for the fiscal year ending September
30, 2005, a tuition rate schedule that will establish the tuition
rate for nonresident students at a level no lower than the non-
resident tuition rate charged at comparable public institutions of
higher education in the metropolitan area.
UNEMPLOYMENT INSURANCE TRUST FUND
For the Unemployment Insurance Trust Fund, $180,000,000
from other funds.
OTHER POST EMPLOYEE BENEFITS TRUST FUND
For the Other Post Employee Benefits Trust Fund, $953,000
from other funds.
DISTRICT OF COLUMBIA PUBLIC LIBRARY TRUST FUND
For the District of Columbia Public Library Trust Fund, $17,000
from other funds: Provided, That $7,000 shall be for the Theodore
W. Noyes Trust Fund: Provided further, That $10,000 shall be
for the Peabody Trust Fund.
CAPITAL OUTLAY
(INCLUDING RESCISSIONS)
For construction projects, an increase of $1,087,649,000, of
which $839,898,000 shall be from local funds, $38,542,000 from
Highway Trust funds, $37,000,000 from the Rights-of-way funds,
$172,209,000 from Federal grant funds, and a rescission of
$361,763,000 from local funds appropriated under this heading
in prior fiscal years, for a net amount of $725,886,000, to remain
available until expended; in addition, $6,000,000 from funds pre-
viously appropriated in this Act under the heading ‘‘Federal Pay-
ment for the Unified Communications Center’’, $3,000,000 from
funds previously appropriated in this Act under the heading ‘‘Fed-
eral Payment for the Anacostia Waterfront Initiative’’, and
$8,000,000 from funds previously appropriated in this Act under
the heading ‘‘Federal Payment for Bioterrorism and Forensics Lab-
oratory’’: Provided, That funds for use of each capital project imple-
menting agency shall be managed and controlled in accordance
with all procedures and limitations established under the Financial
Management System: Provided further, That all funds provided
by this appropriation title shall be available only for the specific
projects and purposes intended: Provided further, That the Office
of the Chief Technology Officer of the District of Columbia shall
implement the following information technology projects on behalf
of the District of Columbia Public Schools: Student Information
System (project number T2240), Student Information System PCS
(project number T2241), Enterprise Resource Planning (project
number T2242), E-Rate (project number T2243), and SETS Expan-
sion PCS (project number T2244).
H. R. 4850—18
TITLE III—GENERAL PROVISIONS
SEC. 301. Whenever in this Act, an amount is specified within
an appropriation for particular purposes or objects of expenditure,
such amount, unless otherwise specified, shall be considered as
the maximum amount that may be expended for said purpose
or object rather than an amount set apart exclusively therefor.
SEC. 302. Appropriations in this Act shall be available for
expenses of travel and for the payment of dues of organizations
concerned with the work of the District of Columbia government,
when authorized by the Mayor, or, in the case of the Council
of the District of Columbia, funds may be expended with the
authorization of the Chairman of the Council.
SEC. 303. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or judg-
ments that have been entered against the District of Columbia
government.
SEC. 304. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly provided herein.
SEC. 305. (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 provided
in this Act to carry out lobbying activities on any matter other
than—
(1) the promotion or support of any boycott; or
(2) statehood for the District of Columbia or voting rep-
resentation in Congress for the District of Columbia.
(c) Nothing in this section may be construed to prohibit any
elected official from advocating with respect to any of the issues
referred to in subsection (b).
SEC. 306. (a) None of the funds provided under this Act to
the agencies funded by this Act, both Federal and District govern-
ment agencies, that remain available for obligation or expenditure
in fiscal year 2005, 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 expenditures for an agency through a reprogramming of funds
which—
(1) creates new programs;
(2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds have
been denied or restricted;
(5) reestablishes any program or project previously deferred
through reprogramming;
(6) augments any existing program, project, or responsi-
bility center through a reprogramming of funds in excess of
$1,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned
to a specific program, project or responsibility center, unless
H. R. 4850—19
the Committees on Appropriations of the House of Representa-
tives and Senate are notified in writing 15 days in advance
of the reprogramming.
(b) None of the local funds contained in this Act may be avail-
able for obligation or expenditure for an agency through a transfer
of any local funds in excess of $1,000,000 from one appropriation
heading to another unless the Committees on Appropriations of
the House of Representatives and Senate are notified in writing
15 days in advance of the transfer, except that in no event may
the amount of any funds transferred exceed 4 percent of the local
funds in the appropriations.
SEC. 307. Consistent with the provisions of section 1301(a)
of title 31, United States Code, appropriations under this Act shall
be applied only to the objects for which the appropriations were
made except as otherwise provided by law.
SEC. 308. Notwithstanding any other provisions of law, the
provisions of the District of Columbia Government Comprehensive
Merit Personnel Act of 1978 (D.C. Law 2–139; D.C. Official Code,
sec. 1–601.01 et seq.), enacted pursuant to section 422(3) of the
District of Columbia Home Rule Act (D.C. Official Code, sec. 1–
204l.22(3)), shall apply with respect to the compensation of District
of Columbia employees. For pay purposes, employees of the District
of Columbia government shall not be subject to the provisions
of title 5, United States Code.
SEC. 309. No later than 30 days after the end of the first
quarter of fiscal year 2005, 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 2005 revenue estimates as of the end
of such quarter. These estimates shall be used in the budget request
for fiscal year 2006. The officially revised estimates at midyear
shall be used for the midyear report.
SEC. 310. No sole source contract with the District of Columbia
government or any agency thereof may be renewed or extended
without opening that contract to the competitive bidding process
as set forth in section 303 of the District of Columbia Procurement
Practices Act of 1985 (D.C. Law 6–85; D.C. Official Code, sec.
2–303.03), except that the District of Columbia government or any
agency thereof may renew or extend sole source contracts for which
competition is not feasible or practical, but only if the determination
as to whether to invoke the competitive bidding process has been
made in accordance with duly promulgated rules and procedures
and has been reviewed and certified by the Chief Financial Officer
of the District of Columbia.
SEC. 311. None of the Federal funds provided in this Act may
be used by the District of Columbia to provide for salaries, expenses,
or other costs associated with the offices of United States Senator
or United States Representative under section 4(d) of the District
of Columbia Statehood Constitutional Convention Initiatives of 1979
(D.C. Law 3–171; D.C. Official Code, sec. 1–123).
SEC. 312. 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. 313. 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.