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. As part of the certification, the Chief Finan-
cial Officer of the District of Columbia shall require all
attorneys in IDEA cases to disclose any financial, cor-
porate, legal, memberships on boards of directors, or other
relationships with any special education diagnostic serv-
ices, schools, or other special education service providers
to which the attorneys have referred any clients as part
of this certification. The Chief Financial Officer shall pre-
pare and submit quarterly reports to the Committees on
Appropriations of the House of Representatives and Sen-
ate on the certification of and the amount paid by the gov-
ernment of the District of Columbia, including the District
of Columbia Public Schools, to attorneys in cases brought
under IDEA. The Inspector General of the District of Co-
lumbia may conduct investigations to determine the accu-
racy of the certifications.
SEC. 129. The amount appropriated by this Act may
be increased by no more than $15,000,000 from funds
identified in the comprehensive annual financial report as
the District’s fiscal year 2004 unexpended general fund
surplus. The District may obligate and expend these
amounts only in accordance with the following conditions:
(1) The Chief Financial Officer of the District
of Columbia shall certify that the use of any such
amounts is not anticipated to have a negative impact
on the District’s long-term financial, fiscal, and eco-
nomic vitality.
(2) The District of Columbia may only use
these funds for the following expenditures:
(A) Unanticipated one-time expenditures.
(B) Expenditures to avoid deficit spending.
(C) Debt Reduction.
(D) Unanticipated program needs.
(E) Expenditures to avoid revenue short-
falls.
(3) The amounts shall be obligated and ex-
pended in accordance with laws enacted by the
Council in support of each such obligation or ex-
penditure.
(4) The amounts may not be used to fund the
agencies of the District of Columbia government
under court ordered receivership.
(5) The amounts may be obligated and ex-
pended only if approved by the Committees on Ap-
propriations of the House of Representatives and
Senate in advance of any obligation or expenditure.
SEC. 130. (a) Section 450A(a) of the District of Co-
lumbia Home Rule Act (D.C. Official Code, sec. 1–
204.50a(a)) is amended as follows:
(1) Paragraph (1) is amended to read as fol-
lows:
‘‘(1) IN
GENERAL.—There is established an
emergency cash reserve fund (‘‘emergency reserve
fund’’) as an interest-bearing account (separate from
other accounts in the General Fund) into which the
Mayor shall make a deposit in cash each fiscal year
of such an amount as may be required to maintain
a balance in the fund of at least 2 percent of the
operating expenditures as defined in paragraph (2)
of this subsection or such amount as may be re-
quired for deposit in a fiscal year in which the Dis-
trict is replenishing the emergency reserve fund pur-
suant to subsection (a)(7).’’.
(2) Paragraph (2) is amended to read as fol-
lows:
‘‘(2) OPERATING EXPENSES.—For the purpose
of this subsection, operating expenditures is defined
as the amount reported in the District of Columbia’s
Comprehensive Annual Financial Repsort for the fis-
cal year immediately preceding the current fiscal
year as the actual operating expenditure from local
funds, less such amounts that are attributed to debt
service payments for which a separate reserve fund
is already established under this Act.’’.
(3) Paragraph (7) is amended to read as fol-
lows:
‘‘(7) REPLENISHMENT.—The District of Co-
lumbia shall appropriate sufficient funds each fiscal
year in the budget process to replenish any amounts
allocated from the emergency reserve fund during
the preceding fiscal years so that not less than 50
percent of any amount allocated in the preceding fis-
cal year or the amount necessary to restore the
emergency reserve fund to the 2 percent required
balance, whichever is less, is replenished by the end
of the current fiscal year and 100 percent of the
amount allocated or the amount necessary to restore
the emergency reserve fund to the 2 percent re-
quired balance, whichever is less, is replenished by
the end of the second fiscal year following each such
allocation.’’.
(b) Section 450A(b) of such Act (sec. 1–204.50a(b),
D.C. Official Code) is amended as follows:
(1) Paragraph (1) is amended to read as fol-
lows:
‘‘(1) IN GENERAL.—There is established a con-
tingency cash reserve fund (‘‘contingency reserve
fund’’) as an interest-bearing account, separate from
other accounts in the general fund, into which the
Mayor shall make a deposit in cash each fiscal year
of such amount as may be required to maintain a
balance in the fund of at least 4 percent of the oper-
ating expenditures as defined in paragraph (2) of
this subsection or such amount as may be required
for deposit in a fiscal year in which the District is
replenishing the emergency reserve fund pursuant to
subsection (b)(6).’’.
(2) Paragraph (2) is amended to read as fol-
lows:
‘‘(2) OPERATING EXPENSES.—For the purpose
of this subsection, operating expenditures is defined
as the amount reported in the District of Columbia’s
Comprehensive Annual Financial Report for the fis-
cal year immediately preceding the current fiscal
year as the actual operating expenditure from local
funds, less such amounts that are attributed to debt
service payments for which a separate reserve fund
is already established under this Act.’’.
(3) Paragraph (6) is amended to read as fol-
lows: