S.Amdt. 2201Senate108th Congress (2003-2005)2nd degree
To make certain monetary modifications.
Sponsored by 
Sen. Mike DeWine (R-OH)
Sen. Mike DeWine (R-OH)Submitted November 18, 2003
Text
Proposed
This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.
DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 2004
Mr. BOND. Mr. President, I ask unanimous consent that the Senate now
resume consideration of H.R. 2765, the D.C. Appropriations bill;
further, that an amendment that is at the desk regarding title II be
agreed to, the motion to reconsider be laid upon the table. I further
ask that the substitute amendment then be agreed to, the bill be read
the third time and passed, the motion to reconsider be laid upon the
table; provided further that the Senate then insist on its amendment,
request a conference with the House, and the Chair be authorized to
appoint conferees on the part of the Senate.
Ms. LANDRIEU. Reserving the right to object, I do intend to make a
few brief remarks and then will not object to the unanimous consent,
but I would like to speak for as much time as I might consume.
Hopefully, it will not be more than about 7 to 10 minutes.
The PRESIDING OFFICER. The Senator is recognized on her reservation.
Ms. LANDRIEU. Mr. President, I first compliment Senator DeWine for
the outstanding job he has done. He is in a meeting and is not in the
Senate at this moment, but we have worked closely together in our
capacity now as chair and ranking member, as when I chaired the
committee and he served as the ranking member. We have worked together
through many different issues. I cannot say enough about his commitment
to helping steer a bill that in many instances is contentious--not
necessarily because of anything related to the District of Columbia
specifically, but of other ideas and ideologies that sometimes find
their way into this bill. He and I are both very sensitive to that and
support the new leadership team of the District and have tried our best
to steer this bill through for the District as well as for the Nation.
I wanted to begin by complimenting him and also say, second, there
are some terrific new initiatives in this bill, very much needed. One,
led by Senator DeWine, is the continued effort to reform the foster
care system, first acknowledging the Mayor himself has taken quite a
leadership role and has appointed very able leaders in the District to
take a system that is broken, that was in many ways completely
dysfunctional, and to begin to bring framework, parameters, results to
it which will literally save children's lives, heal families, and find
homes for children who have no homes.
Senator DeWine and I believe, along with Mayor Williams, there is no
such thing as an unwanted child; there are just unfound families. There
are indeed families not only in the District of Columbia but around the
Nation which are in need of our assistance, our charity, our help, and
our care. When we cannot heal a family and keep them strong to raise
the children born to them, it is our responsibility to find a new
family for that child or that sibling as quickly as possible. We will
not stop until it is achieved. Senator DeWine has provided some
additional framework in which to make that possible.
In addition, I am very pleased, along with Senator Byrd, who chaired
this committee for many years, that there is also a critical
infrastructure piece which indicates we as a Congress have a
responsibility, in that the District is not a State, it does not have a
State government but it has the same needs, and Congress has stepped up
for infrastructure investments in the District which benefit the whole
region--Maryland and Virginia as well. One of the primary projects we
have funded is the cleanup of the Anacostia waterway which affects the
region. It is a major environmental project getting tremendous help and
support in this bill.
The security enhancements for emergency planning for the District, I
need not tell of its importance. It is in the Nation's Capital, under
the threat of terror, that we continue to function. We know how
important that is. I begin with compliments to the Chair for including
these and many other provisions.
I take the next 5 minutes to lay down some other important points
regarding the most contentious issue in this bill. This issue was at
the core or center of the debate over the future of public education in
the United States of America. It has to do with a proposal of vouchers,
taking money from public schools to send children to private schools.
That issue is the center of debate over the future of public schools in
America. It is that issue, unfortunately, because of the nature of the
process in the Senate, which is going to be put into the omnibus
appropriations bill. I want to go on record as strongly objecting to it
once again and to set the myths from the facts.
The first myth is: The voucher proposal does not drain money from
public schools or from other Federal priorities, that this is ``new''
money.
For the record, the $40 million used to pay for this three-pronged
approach--of which a third is for vouchers--was taken from the
Commerce-Justice-State bill. In other words, that is $39 million less
spent on law enforcement, homeland security, or health care.
Again, this is not new money. There were no new taxes raised. There
were no new taxes identified to pay for this. This $39 million came out
of already existing Federal revenues that are now going to fund
vouchers for 1,500 children in the District of Columbia. It is not new
money. It is coming from the Commerce-Justice-State bill. I contend
unless a new tax is raised at the Federal level or in the District of
Columbia, it is not new money. It is a myth.
The next myth I would like to put to rest is the voucher proposal is
limited to children in failing schools. Some of us who have opposed
this proposal, without certain amendments, have continued to say--not
everybody on the Democratic side, for sure, but I have said, as the
ranking member, I could support a program that had full accountability
and was aimed at helping children in failing schools. Why? Because it
is not their fault the schools have failed. It is our fault. It is not
necessarily their parents' fault, because parents do not run the
schools. Parents are busy trying to run their households, take care of
their children, and sometimes work two or three jobs. If we have failed
the children, then let us give them help as we reconstitute those
schools under the new accountability proposal, and give them some
temporary help to move to a school that might be performing.
I offered that proposal. It was rejected. This proposal is not
limited or designed specifically for children in failing schools
because the power behind this wants to undermine public schools, not
help poor children in failing schools. That is the truth.
The fact is, there is nothing in this language that prevents a child
enrolled in a high-performing public school or a private school, for
that matter, from attending a private school at public expense.
Let me repeat, there is nothing in the language the Republican
majority is pushing that prevents a child enrolled in a high-performing
public or private school from attending a private school at public
expense, with no accountability to the public taxpayer.
The third myth is this is not just a voucher demonstration program;
it is a balanced, three-pronged approach for school improvement.
The fact is, in the language pushed by the Republican majority, the
only part of this three-pronged demonstration program that is
authorized to receive funding for more than 1 year is the voucher
portion. What is more, the
[[Page S15022]]
only one that will be evaluated for success at the end of 5 years is
the voucher program.
First, let me say the only part of this demonstration program that is
authorized in this bill to receive funding for more than 1 year is for
vouchers. My opponents will say: Senator, the other funding is
authorized in other parts of the education bill. That may be correct.
Technically, it is correct. But in this proposal--that has been sold,
and sold again, once, twice, and sold as a three-pronged approach--this
language only has one prong that is authorized and funded, and that is
vouchers. That is a fact, and that is wrong.
What is more, the proponents will say at least one good thing at the
end of this 5-year ``demonstration project'' is, we will know
definitively whether vouchers work or not. The fact is, Senator Carper
and I, who tried to negotiate a compromise, felt strongly that would be
a very good benefit to know finally. Cleveland and Milwaukee have
demonstrated with this. There is so much misinformation. We said, at
least it would be worth it to our Democrats who oppose it and to
Republicans who think vouchers are the answer, the only answer, to
public schools in the Nation, and that is what they want. I think they
are wrong. We said, let's have a comprehensive demonstration program.
But this language does not have the evaluation language. It dropped the
evaluation language. The only thing we will know is, do children who
receive vouchers do better in higher performing private schools than
they did in poorly performing public schools? I would suggest we
already know the answer to that. We do not have to spend $13 million of
taxpayer money that is unaccountable to find out. We already know the
answer to that.
What we do not know the answer to is if children are given vouchers
to leave a low-performing public school to go to a higher performing
private school, or if those same children are given a chance in a
higher performing public school, or if those same children are given a
chance in a higher performing public charter school, do they do
essentially better? Does the voucher itself, the essence of the voucher
itself, have any bearing on the academic achievement of the child? That
we do not know, and we will not find out, thanks to the language that
is in this bill.
The fourth myth is: At the end of this 5-year demonstration program,
we will finally know if vouchers are a solution. I spoke about that.
The fifth myth is: Vouchers help to improve student achievement. We
will not know that after 5 years because of the language that was taken
out.
In conclusion, there were some of us willing to support a true three-
pronged demonstration program. This is only one prong. There were some
of us who would be willing to say we could go through the demonstration
if, at the end, we actually knew and had the tight evaluation that
would tell us some answers the country would be very interested in
knowing. That language was dropped.
There were some of us who said, if accountability was part of this,
as the administration promised--accountability, not just to the
parents, and not just responsibility to students, but accountability to
the taxpayers who pick up millions and millions of dollars--billions of
dollars--in education expenses--they want to know, is their money
working. But the authors--not Senator DeWine, the chairman, but others
who have pushed this--are obviously not interested in letting the
taxpayers know if their money is actually accomplishing anything,
because the test language and the accountability language has been
dropped. It is a false hope.
I will conclude. When we make promises to people with power and money
and status, and we do not keep those promises, that is bad enough. But
when we offer false hope to children who have very little, to families
which have been discriminated against, to poor people who have little,
and we fail to keep those promises, that is a sin indeed. We should be
ashamed of the actions that represent this bill today.
I withdraw my objection to the unanimous consent request.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 2201) was agreed to, as follows:
Amendment No. 2201 to Amendment No. 1783
Strike all of title II, beginning on page 14, line 17, and
ending on page 33, line 14.
On page 13, line 21, strike ``40,000,000'' and insert
``27,000,000''.
On page 14, line 1, strike all after the semicolon until
the end of the heading.
On page 9, line 19, strike ``20,000,000'' and insert
``33,000,000''.
The amendment (No. 1783) in the nature of a substitute, as amended,
was agreed to.
The bill (H.R. 2765), as amended, was read the third time and passed,
as follows:
Resolved, That the bill from the House of Representatives
(H.R. 2765) entitled ``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.'', do pass with the following amendment:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the District of
Columbia and related agencies 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, including any
interest accrued thereon, may be used on behalf 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 education, 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 authorized: Provided further, That
the District of Columbia government shall maintain a
dedicated account for the Resident Tuition Support Program
that shall consist of the Federal funds appropriated to the
Program in this Act and any subsequent appropriations, any
unobligated balances 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
Support Program: Provided further, That the Resident Tuition
Support Program Office and 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 jurisdictions,
$15,000,000, to remain available until expended, to reimburse
the District of Columbia for the costs of public safety
expenses related to security events in the District of
Columbia and for the costs of providing support to respond to
immediate 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 apportioned pursuant to chapter 15 of title 31, United
States Code.
Federal Payment for Hospital Bioterrorism Preparedness in the District
of Columbia
For a Federal payment to support hospital bioterrorism
preparedness in the District of Columbia, $10,000,000, of
which $7,000,000 shall be for the Children's National Medical
Center in the District of Columbia for the expansion of
quarantine facilities and the establishment of a
decontamination facility, and $3,000,000 shall be for the
Washington Hospital Center for construction of containment
facilities.
Federal Payment to the District of Columbia Courts
For salaries and expenses for the District of Columbia
Courts, $172,104,000, 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
Superior 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 $39,936,000 for capital improvements for
District of Columbia courthouse facilities: Provided, That
funds made available for capital improvements shall be
expended consistent with the General Services Administration
master plan study and building evaluation report: Provided
further, That notwithstanding any other provision of law, all
amounts under this heading
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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
preparation 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
Representatives and Senate, the Committee on Government
Reform of the House of Representatives, and the Committee on
Governmental Affairs of the Senate: Provided further, That
funds made available for capital improvements may remain
available until September 30, 2005: Provided further, That 30
days after providing written notice to the Committees on
Appropriations of the House of Representatives and Senate,
the District of Columbia Courts may reallocate not more than
$1,000,000 of the funds provided under this heading among the
items and entities funded under such heading.
Defender Services in District of Columbia Courts
For payments authorized under section 11-2604 and section
11-2605, D.C. Official Code (relating to representation
provided under the District of Columbia Criminal Justice
Act), payments for counsel appointed in adoption proceedings
under Chapter 3 of title 16, D.C. Code, payments for counsel
appointed in proceedings in the Family Court of the Superior
Court of the District of Columbia under chapter 23 of title
16, D.C. Official Code or pursuant to a contract with a non-
profit organization to provide guardian ad litem
representation, training, technical assistance and such other
services as are necessary to improve the quality of guardian
ad litem representation, and payments for counsel authorized
under section 21-2060, D.C. Official Code (relating to
representation provided under the District of Columbia
Guardianship, Protective Proceedings, and Durable Power of
Attorney Act of 1986), $32,000,000, to remain available until
expended: Provided, That funds provided under this heading
shall be administered by the Joint Committee on Judicial
Administration in the District of Columbia: Provided further,
That notwithstanding any other provision of law, this
appropriation shall be apportioned 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 contractual basis with the General Services
Administration (GSA), said services to include the
preparation 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
Representatives and Senate, the Committee on Government
Reform of the House of Representatives, and the Committee on
Governmental Affairs of the Senate.
Federal Payment to the Court Services and Offender 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, and the
Public Defender Service for the District of Columbia as
authorized by the National Capital Revitalization and Self-
Government Improvement Act of 1997, $173,396,000, 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 not to exceed $2,000 is for official receptions and
representation expenses related to Community and Pretrial
Services Agency Programs; of which $110,775,000 shall be for
necessary expenses of Community Supervision and Sex Offender
Registration, to include expenses relating to the supervision
of adults subject to protection orders or the provision of
services for or related to such persons; of which $25,210,000
shall be transferred to the Public Defender Service for the
District of Columbia to include expenses relating to the
provision of legal representation and including related
services provided to the local courts and Criminal Justice
Act bar; and of which $37,411,000 shall be available to the
Pretrial Services Agency: Provided, That notwithstanding any
other 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: Provided further, That notwithstanding chapter 33
of title 40, United States Code, the Director shall acquire
by purchase, lease, condemnation, or donation, and renovate
as necessary, Building Number 17, 1900 Massachusetts Avenue,
Southeast, Washington, District of Columbia to house or
supervise offenders and defendants, with funds made available
for this purpose in Public Law 107-96: Provided further, That
the Director is authorized to accept and use gifts in the
form of in-kind contributions of space and hospitality 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 previous proviso, and shall
make such records available for audit and public inspection:
Provided further, That the Director is authorized to accept
appropriation reimbursements from the District of Columbia
Government for space and services provided on a cost
reimbursable basis: Provided further, That these
reimbursements are subject to approved apportionments from
the Office of Management and Budget.
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, $33,000,000: Provided, That these funds
shall be available for the projects and in the amounts
specified in the statement of the managers on the conference
report accompanying this Act: Provided further, That each
entity that receives funding under this heading shall submit
to the Committees on Appropriations of the House of
Representatives and Senate a report due March 15, 2004, on
the activities carried out with such funds.
Federal Payment for Transportation Assistance
For a Federal payment to the District of Columbia
Department of Transportation, $3,500,000, of which $500,000
shall be allocated to implement a downtown circulator transit
system, and of which $3,000,000 shall be to offset a portion
of the District of Columbia's allocated operating subsidy
payment to the Washington Metropolitan Area Transit
Authority.
Federal Payment to the District of Columbia Water and Sewer Authority
For a Federal payment to the District of Columbia Water and
Sewer Authority, $25,000,000, to remain available until
expended, to continue implementing the Combined Sewer
Overflow Long-Term Control Plan: Provided, That the District
of Columbia Water and Sewer Authority provides a 100 percent
match for the fiscal year 2004 Federal contribution.
Federal Payment for the Anacostia Waterfront Initiative in the District
of Columbia
For a Federal payment to the District of Columbia
Department of Transportation, for implementation of the
Anacostia Waterfront Initiative, $6,000,000, to remain
available until expended.
Federal Payment to the District of Columbia for Capital Development
For a Federal payment to the District of Columbia for
capital development, $5,000,000, to remain available until
expended, for the Unified Communications Center.
Federal Payment to Children's National Medical Center
For a Federal payment to Children's National Medical
Center, $10,000,000, for construction costs associated with
the expansion of a neo-natal care unit, pediatric intensive
care unit, and cardiac intensive care unit.
Federal Payment to St. Coletta of Greater Washington Expansion Project
For a Federal payment to St. Coletta of Greater Washington,
Inc., $2,000,000, for costs associated with establishment of
a day program and comprehensive case management services for
mentally retarded and multiple-handicapped adolescents and
adults in the District of Columbia, including property
acquisition and construction.
Federal Payment for Foster Care Improvements in the District of
Columbia
For a Federal payment to the District of Columbia for
foster care improvements, $14,000,000: Provided, That
$9,000,000 shall be for the Child and Family Services Agency,
of which $2,000,000 shall be to establish an early
intervention unit to provide intensive and immediate services
for foster children; of which $1,000,000 shall be to
establish an emergency support fund to purchase items
necessary to allow children to remain in the care of an
approved family member; of which $3,000,000 shall be for a
loan repayment program for social workers who meet certain
agency-established requirements; of which $3,000,000 shall be
to upgrade the agency's computer database to a web-based
technology and to provide computer technology for social
workers: Provided further, That $3,900,000 shall be for the
Department of Mental Health to provide all court-ordered
mental health assessments and treatments for children under
the supervision of the Child and Family Services Agency:
Provided further, That the Director of the Department of
Mental Health shall ensure that court-ordered mental health
assessments are completed within 15 days of the court order
and that all assessments be provided to the Court within 5
days of completion of the assessment: Provided further, That
the Director shall initiate court-ordered mental health
services within 10 days of the issuance of an order: Provided
further, That $1,100,000 shall be for the Washington
Metropolitan Council of Governments to develop a program to
provide respite care for and recruitment of foster parents:
Provided further, That the Mayor shall submit a detailed
expenditure plan for the use of funds provided under this
heading within 15 days of enactment of this legislation to
the Committees on Appropriations of the House of
Representatives and Senate: Provided further, That the funds
provided under this heading shall not be made available until
30 calendar days after the submission to Congress of a
spending plan: Provided further, That no part of this
appropriation may be used for contractual community-based
services: Provided further, That the Comptroller General
shall prepare and submit to the Committees on Appropriations
of the House and Senate an accounting of all obligations and
expenditures of the funds provided under this heading:
Provided further, That the Comptroller General shall initiate
management reviews of the Child and Family Services Agency
and the Department of Mental Health and submit a report to
the Committees on Appropriations of the House and Senate no
later than 6 months after enactment of this Act.
Federal Payment for School Improvement
For a Federal payment for a School Improvement Program in
the District of Columbia,
[[Page S15024]]
$27,000,000, to be allocated as follows: for the State
Education Office, $13,000,000 to improve public school
education in the District of Columbia; for the State
Education Office, $13,000,000 to expand quality charter
schools in the District of Columbia.
Authorization of Appropriations
There are authorized to be appropriated to carry out this
Act such sums as may be necessary.
TITLE II--DISTRICT OF COLUMBIA FUNDS
OPERATING EXPENSES
Division of Expenses
The following amounts are appropriated for the District of
Columbia for the current fiscal year out of the general fund
of the District of Columbia, except as otherwise specifically
provided: Provided, That notwithstanding any other provision
of law, except as provided in section 450A of the District of
Columbia Home Rule Act and provisions of this Act (D.C.
Official Code, sec. 1-204.50a), the total amount appropriated
in this Act for operating expenses for the District of
Columbia for fiscal year 2004 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 (of which
$96,248,000 shall be funds identified in the fiscal year 2002
comprehensive annual financial report as the District of
Columbia's fund balance funds), $1,568,734,000 shall be from
Federal grant funds, $13,766,000 shall be from private funds,
$910,904,000 shall be from other funds) and $109,500,000 from
funds previously appropriated in this Act as Federal
payments: Provided further, That an amount of $263,759,000
shall be for Intra-District funds: Provided further, That
this amount may be increased by proceeds of one-time
transactions, which are expended for emergency or
unanticipated operating or capital needs: Provided further,
That such increases shall be approved by enactment of local
District law and shall comply with all reserve requirements
contained in the District of Columbia Home Rule Act: Provided
further, That the Chief Financial Officer of the District of
Columbia shall take such steps as are necessary to assure
that the District of Columbia meets these requirements,
including the apportioning by the Chief Financial Officer of
the appropriations 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
derived from bonds, notes, or other obligations issued for
capital projects.
Governmental Direction and Support
Governmental direction and support, $284,415,000 (including
$206,825,000 from local funds, $57,440,000 from Federal
funds, and $20,150,000 from other funds), in addition,
$20,000,000 from funds previously appropriated in this Act
under the heading ``Federal Payment to the Chief Financial
Officer of the District of Columbia'', and $1,100,000 from
funds previously appropriated in this Act under the heading
``Federal Payment for Foster Care Improvement in the District
of Columbia'': Provided, That not to exceed $2,500 for the
Mayor, $2,500 for the Chairman of the Council of the District
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
expenses 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 Admission to Statehood
from its own locally generated revenues: 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 delegated small purchase authority shall
be $500,000: Provided 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
government, for purchases that do not exceed $500,000:
Provided further, That an amount not to exceed $25,000 of the
funds in the Antifraud Fund established pursuant to section
820 of the District of Columbia Procurement Practices Act of
1985, effective May 8, 1998 (D.C. Law 12-104; D.C. Official
Code, sec. 2-308.20), is hereby made available, to remain
available until expended, for the use of the Office of the
Corporation Counsel of the District of Columbia in accordance
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 funds, $125,000 from private funds, and $132,109,000
from other 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 Code, sec. 2-1215.15 et seq.): Provided, That
such funds are available for acquiring services provided by
the General Services Administration: Provided further, That
Business 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
funds, $9,000 from private funds, and $18,944,000 from other
funds): 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 National Guard: Provided
further, That such sums as may be necessary for reimbursement
to the District of Columbia National Guard under the
preceding proviso shall be available from this appropriation,
and the availability of the sums shall be deemed as
constituting payment in advance 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, $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), in
addition, $17,000,000 from funds previously appropriated in
this Act under the heading ``Federal Payment for Resident
Tuition Support'' and $26,000,000 from funds previously
appropriated in this Act under the heading ``Federal Payment
for School Improvement in the District of Columbia'', 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 funds, $3,599,000 from private funds, and $6,527,000
from other funds shall be available for District of Columbia
Public Schools: Provided, That notwithstanding any other
provision of law, rule, or regulation, the evaluation process
and instruments 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 subsidize the
education of any nonresident of the District of Columbia at
any District of Columbia public elementary or secondary
school during fiscal year 2004, unless the nonresident pays
tuition to the District 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 nonresident (as
established by the Superintendent of the District of Columbia
Public Schools): Provided further, That notwithstanding the
amounts otherwise 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 provided 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
Columbia 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 further, 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
approval.
(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 previously appropriated in this Act
under the heading ``Federal Payment for Resident Tuition
Support'' and $26,000,000 from funds previously appropriated
in this Act under the heading ``Federal Payment for School
Improvement in the District of Columbia'' 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 public charter
school.
(3) District of columbia public charter schools.--
$137,531,000 from local funds shall be available for District
of Columbia public charter schools: Provided, That there
shall be quarterly disbursement of funds to the District of
Columbia public 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 allocation has
not been provided as payments to any public charter school
currently in operation through the per pupil funding formula,
the funds shall be available as follows: (1) the first
$3,000,000 shall be deposited in the Credit Enhancement
Revolving Fund established pursuant to section 603(e) of the
Student Loan Marketing Association Reorganization Act of
1996, approved September 20, 1996 (Public Law 104-208; 110
Stat. 3009; 20 U.S.C. 1155(e)); and (2) the balance shall be
for public education in accordance with section 2403(b)(2) of
the District of Columbia School Reform Act of 1995, approved
November 19, 1997 (Public Law 105-100, section 172; D.C.
Official Code, section 38-1804.03(b)(2)): Provided further,
That of the amounts made available to District of Columbia
public charter schools, $25,000 shall be made available to
the Office of the Chief Financial
[[Page S15025]]
Officer as authorized by section 2403(b)(6) of the District
of Columbia 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 notwithstanding 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 2005 (as submitted to Congress), and
the amount of such payment shall be chargeable against the
final amount provided for such payments under the District of
Columbia Appropriations Act, 2005.
(4) University of the district of columbia.--$80,660,000
(including $48,656,000 from local funds, $11,867,000 from
Federal funds, $703,000 from private funds, and $19,434,000
from other funds) shall be available for the University of
the District of Columbia: Provided, That this appropriation
shall not be available to subsidize the education 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 District 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 provided 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 provided for
the University of the District of Columbia 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
University of the District of Columbia under the District of
Columbia Appropriations Act, 2005: Provided further, That not
to exceed $2,500 for the President of the University of the
District of Columbia shall be available from this
appropriation for official purposes.
(5) District of columbia public libraries.--$28,287,000
(including $26,750,000 from local funds, $1,000,000 from
Federal funds, and $537,000 from other funds) shall be
available for the District of Columbia Public Libraries:
Provided, That not to exceed $2,000 for the Public Librarian
shall be available from this appropriation for official
purposes.
(6) Commission on the arts and humanities.--$2,476,000
(including $1,601,000 from local funds, $475,000 from Federal
funds, and $400,000 from other funds) shall be available for
the Commission on the Arts and Humanities.
Human Support Services
(including transfer of funds)
Human support services, $2,360,067,000 (including
$1,030,223,000 from local funds, $1,247,945,000 from Federal
funds, $9,330,000 from private funds, and $24,330,000 from
other funds, of which $48,239,000, to remain available until
expended, shall be available for deposit in the Medicaid and
Special Education Reform Fund established pursuant to the
Medicaid and Special Education Reform Fund Establishment Act
of 2002, effective October 1, 2002 (D.C. Law 14-190; D.C.
Official Code 4-204.51 et seq.)), in addition, $12,900,000
from funds previously appropriated in this Act under the
heading ``Federal Payment to Foster Care Improvement in the
District of Columbia'': Provided, That the funds deposited in
the Medicaid and Special Education Reform Fund are allocated
as follows: no more than $6,816,000 for District of Columbia
Public Schools, no more than $18,744,000 for Child and Family
Services, no more than $7,795,000 for the Department of Human
Services, and no more than $21,700,000 for the Department of
Mental Health: Provided further, That $27,959,000 of this
appropriation, to remain available until expended, shall be
available solely for District of Columbia employees'
disability compensation: Provided further, That $7,500,000 of
this appropriation, to remain available until expended, shall
be deposited in the Addiction Recovery Fund, established
pursuant to section 5 of the Choice in Drug Treatment Act of
2000 (D.C. Law 13-146; D.C. Official Code, sec. 7-3004) and
used exclusively for the purpose of the Drug Treatment Choice
Program established pursuant to section 4 of the Choice in
Drug Treatment Act of 2000 (D.C. Law 13-146; D.C. Official
Code, sec. 7-3003): Provided further, That no less than
$2,000,000 of this appropriation shall be available
exclusively for the purpose of funding the pilot substance
abuse program for youth ages 14 through 21 years established
pursuant to section 4212 of the Pilot Substance Abuse Program
for Youth Act of 2001 (D.C. Law 14-28; D.C. Official Code,
sec. 7-3101): Provided further, That $4,500,000 of this
appropriation, to remain available until expended, shall be
deposited in the Interim Disability Assistance Fund
established pursuant to section 201 of the District of
Columbia Public Assistance Act of 1982 (D.C. Law 4-101; D.C.
Official Code, sec. 4-202.01), to be used exclusively for the
Interim Disability Assistance program and the purposes for
that program set forth in section 407 of the District of
Columbia Public Assistance Act of 1982 (D.C. Law 13-252; D.C.
Official Code, sec. 4-204.07): Provided further, That no less
than $640,531 of this appropriation shall be available
exclusively for the purpose of funding the Burial Assistance
Program established by section 1802 of the Burial Assistance
Program Reestablishment Act of 1999, effective October 20,
1999 (D.C. Law 13-38; D.C. Official Code, section 4-1001).
Public Works
Public works, including rental of one passenger-carrying
vehicle for use by the Mayor and three passenger-carrying
vehicles for use by the Council of the District of Columbia
and leasing of passenger-carrying vehicles, $327,046,000
(including $308,028,000 from local funds, $5,274,000 from
Federal funds, and $13,744,000 from other funds): Provided,
That this appropriation shall not be available for collecting
ashes or miscellaneous refuse from hotels and places of
business.
Emergency and Contingency Reserve Funds
For the emergency reserve fund and the contingency reserve
fund under section 450A of the District of Columbia Home Rule
Act (D.C. Official Code, sec. 1-204.50a), such amounts from
local funds as are necessary to meet the balance requirements
for such funds under such section.
Repayment of Loans and Interest
For payment of principal, interest, and certain fees
directly resulting from borrowing by the District of Columbia
to fund District of Columbia capital projects as authorized
by sections 462, 475, and 490 of the District of Columbia
Home Rule Act (D.C. Official Code, secs. 1-204.62, 1-204.75,
and 1-204.90), $311,504,000 from local funds: Provided, That
for equipment leases, the Mayor may finance $14,300,000 of
equipment cost, plus cost of issuance not to exceed 2 percent
of the par amount being financed on a lease purchase basis
with a maturity not to exceed 5 years.
Payment of Interest on Short-Term Borrowing
For payment of interest on short-term borrowing, $3,000,000
from local funds.
Certificates of Participation
For principal and interest payments on the District's
Certificates of Participation, issued to finance the ground
lease underlying the building located at One Judiciary
Square, $4,911,000 from local funds.
Settlements and Judgments
For making refunds and for the payment of legal settlements
or judgments that have been entered against the District of
Columbia government, $22,522,000: Provided, That this
appropriation shall not be construed as modifying or
affecting the provisions of section 103 of this Act.
Wilson Building
For expenses associated with the John A. Wilson Building,
$3,704,000 from local funds.
Workforce Investments
For workforce investments, $22,308,000 from local funds, to
be transferred by the Mayor of the District of Columbia
within the various appropriation headings in this Act for
which employees are properly payable.
Non-Departmental Agency
To account for anticipated costs that cannot be allocated
to specific agencies during the development of the proposed
budget, $19,639,000 (including $11,455,000 from local funds,
and $8,184,000 from other funds) to be transferred by the
Mayor of the District of Columbia within the various
appropriation headings in this Act: Provided, That $5,000,000
in local funds shall be available to meet contractual
obligations, and $11,455,000 in local funds shall be for
anticipated costs associated with the No Child Left Behind
Act.
Emergency Planning and Security Costs
From funds previously appropriated in this Act under the
heading ``Federal Payment for Emergency Planning and Security
Costs in the District of Columbia'', $15,000,000.
Transportation Assistance
From funds previously appropriated in this Act under the
heading ``Federal Payment for Transportation Assistance'',
$3,500,000.
Pay-As-You-Go Capital
For Pay-As-You-Go Capital funds in lieu of capital
financing, $11,267,000, to be transferred to the Capital
Fund, subject to the Criteria for Spending Pay-as-You-Go
Funding Amendment Act of 2003, approved by the Council of the
District of Columbia on 1st reading, May 6, 2003 (Title 25 of
Bill 15-218). Pursuant to this Act, there are authorized to
be transferred from Pay-As-You-Go Capital funds to other
headings of this Act, as necessary to carry out the purposes
of this Act.
Tax Increment Financing Program
For a Tax Increment Financing Program, $1,940,000 from
local funds.
Cash Reserve
For the cumulative cash reserve established pursuant to
section 202(j)(2) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995,
approved April 17, 1995 (Public Law 107-96; D.C. Official
Code, section 47-392.02(j)(2)), $50,000,000 from local funds.
Medicaid Disallowance
For making refunds associated with disallowed Medicaid
funding an amount not to exceed $57,000,000 in local funds to
remain available until expended: Provided, That funds are
derived from a transfer from the funds identified in the
fiscal year 2002 comprehensive annual financial report as the
District of Columbia's Grants Disallowance balance.
ENTERPRISE AND OTHER FUNDS
Water and Sewer Authority
For operation of the Water and Sewer Authority,
$259,095,000 from other funds, of which $18,692,000 shall be
apportioned for repayment of loans and interest incurred for
capital improvement projects ($18,094,000 and payable to the
District's debt service fund).
For construction projects, $199,807,000, to be distributed
as follows: $99,449,000 for the Blue
[[Page S15026]]
Plains Wastewater Treatment Plant, $16,739,000 for the sewer
program, $42,047,000 for the combined sewer program,
$42,047,000 for the Combined Sewer Overflow Long-Term Control
Plan, $5,993,000 for the stormwater program, $24,431,000 for
the water program, and $11,148,000 for the capital equipment
program, in addition, $25,000,000 from funds previously
appropriated in this Act under the heading ``Federal Payment
to the District of Columbia Water and Sewer Authority''.
Washington Aqueduct
For operation of the Washington Aqueduct, $55,553,000 from
other funds.
Stormwater Permit Compliance Enterprise Fund
For operation of the Stormwater Permit Compliance
Enterprise Fund, $3,501,000 from other funds.
Lottery and Charitable Games Enterprise Fund
For the Lottery and Charitable Games Enterprise Fund,
established by the District of Columbia Appropriation Act,
1982, for the purpose of implementing the Law to Legalize
Lotteries, Daily Numbers Games, and Bingo and Raffles for
Charitable Purposes in the District of Columbia (D.C. Law 3-
172; D.C. Official Code, sec. 3-1301 et seq. and sec. 22-1716
et seq.), $242,755,000: Provided, That the District of
Columbia shall identify the source of funding for this
appropriation title from the District's own locally generated
revenues: Provided further, That no revenues from Federal
sources shall be used to support the operations or activities
of the Lottery and Charitable Games Control Board.
Sports and Entertainment Commission
For the Sports and Entertainment Commission, $13,979,000
from local funds.
District of Columbia Retirement Board
For the District of Columbia Retirement Board, established
pursuant to section 121 of the District of Columbia
Retirement Reform Act of 1979 (D.C. Official Code, sec. 1-
711), $13,895,000 from the earnings of the applicable
retirement funds to pay legal, management, investment, and
other fees and administrative expenses of the District of
Columbia Retirement Board: Provided, That the District of
Columbia Retirement Board shall provide to the Congress and
to the Council of the District of Columbia a quarterly report
of the allocations of charges by fund and of expenditures of
all funds: Provided further, That the District of Columbia
Retirement Board shall provide the Mayor, for transmittal to
the Council of the District of Columbia, an itemized
accounting of the planned use of appropriated funds in time
for each annual budget submission and the actual use of such
funds in time for each annual audited financial report.
Washington Convention Center Enterprise Fund
For the Washington Convention Center Enterprise Fund,
$69,742,000 from other funds.
National Capital Revitalization Corporation
For the National Capital Revitalization Corporation,
$7,849,000 from other funds.
Capital Outlay
(including rescissions)
For construction projects, an increase of $1,004,796,000,
of which $601,708,000 shall be from local funds, $46,014,000
from Highway Trust funds, $38,311,000 from the Rights-of-way
funds, $218,880,000 from Federal funds, and a rescission of
$99,884,000 from local funds appropriated under this heading
in prior fiscal years, for a net amount of $904,913,000, to
remain available until expended, in addition, $5,000,000 from
funds previously appropriated in this Act under the heading
``Federal Payment for Capital Development in the District of
Columbia'' and $6,000,000 from funds previously appropriated
in this Act for the ``Anacostia Waterfront Initiative'':
Provided, That funds for use of each capital project
implementing 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.
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: Provided,
That 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
judgments that have been entered against the District of
Columbia government: Provided, That nothing contained in this
section shall be construed as modifying or affecting the
provisions of section 11(c)(3) of title XII of the District
of Columbia Income and Franchise Tax Act of 1947 (D.C.
Official Code, sec. 47-1812.11(c)(3)).
Sec. 304. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 305. No funds appropriated in this Act for the
District of Columbia government for the operation of
educational institutions, the compensation of personnel, or
for other educational purposes may be used to permit,
encourage, 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. 306. 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 Representatives and Senate,
the Committee on Government Reform of the House of
Representatives, the Committee on Governmental Affairs of the
Senate, and the Council of the District of Columbia, or their
duly authorized representative.
Sec. 307. None of the Federal funds provided in this Act
may 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.
Sec. 308. (a) None of the Federal funds provided in this
Act may be used to carry out lobbying activities on any
matter.
(b) Nothing in this section may be construed to prohibit
any elected official from advocating with respect to any
issue.
Sec. 309. (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 expenditure 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
responsibility 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 the Committees on Appropriations of the House of
Representatives and Senate are notified in writing 30 days in
advance of the reprogramming.
(b) None of 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 appropriation heading
to another unless the Committees on Appropriations of the
House of Representatives and Senate are notified in writing
30 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 appropriation.
Sec. 310. 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. 311. 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. 1-204.22(3)), shall apply with
respect to the compensation of District of Columbia
employees: Provided, That for pay purposes, employees of the
District of Columbia government shall not be subject to the
provisions of title 5, United States Code.
Sec. 312. 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 midyear shall be used for the
midyear report.
Sec. 313. 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. 314. (a) In the event a sequestration order is issued
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985 after the amounts appropriated to the District of
Columbia for the fiscal year involved have been paid to the
District of Columbia, the Mayor of the District of Columbia
shall pay to the Secretary 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
appropriation accounts in this Act that are not
[[Page S15027]]
specifically exempted from sequestration by such Act.
(b) For purposes of the Balanced Budget and Emergency
Deficit Control Act of 1985, the term ``program, project, and
activity'' shall be synonymous with and refer 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 exempted from sequestration
by the Balanced Budget and Emergency Deficit Control Act of
1985.
Sec. 315. (a)(1) An entity of the District of Columbia
government may accept and use a gift or donation during
fiscal year 2004 if--
(A) the Mayor approves the acceptance and use of the gift
or donation (except as provided in paragraph (2) of this
subsection); and
(B) the entity uses the gift or donation to carry out its
authorized functions or duties.
(2) The Council of the District of Columbia and the
District of Columbia courts may accept and use gifts without
prior approval by the Mayor.
(b) Each entity of the District of Columbia government
shall keep accurate and detailed records of the acceptance
and use of any gift or donation under subsection (a), and
shall make such records available for audit and public
inspection.
(c) For the purposes of this section, the term ``entity of
the District of Columbia government'' includes an independent
agency of the District of Columbia.
(d) This section shall not apply to the District of
Columbia Board of Education, which may, pursuant to the laws
and regulations of the District of Columbia, accept and use
gifts to the public schools without prior approval by the
Mayor.
Sec. 316. 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. 317. 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. 318. 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 otherwise implement or
enforce any system of registration of unmarried, cohabiting
couples, including but not limited 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 married couples.
Sec. 319. (a) Notwithstanding any other provision of this
Act, the Mayor, in consultation with the Chief Financial
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) No such Federal, private, or other grant may be
accepted, obligated, or expended pursuant to subsection (a)
until--
(1) the Chief Financial Officer of the District of Columbia
submits to the Council a report setting forth detailed
information regarding such grant; and
(2) the Council within 15 calendar days after receipt of
the report submitted under paragraph (1) has reviewed and
approved the acceptance, obligation, and expenditure of such
grant.
(c) No amount may be obligated or expended from the general
fund or other funds of the District of Columbia 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 Columbia
shall prepare a quarterly report setting forth detailed
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. 320. (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 employee of the
District of Columbia with an official vehicle unless the
officer or employee uses the vehicle only in the performance
of the officer's or employee's official duties. For purposes
of this paragraph, the term ``official duties'' does not
include travel between the officer's or employee'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 Columbia or is
otherwise designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency
Medical Services Department who resides 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 Columbia
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 inventory shall include,
but not be limited to, the department to which the vehicle is
assigned; the year and make of the vehicle; the acquisition
date and cost; the general condition of the vehicle; annual
operating and maintenance 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 location.
Sec. 321. No officer or employee of the District of
Columbia government (including any independent agency of the
District of Columbia, but excluding the Office of the Chief
Technology Officer, the Office of the Chief Financial Officer
of the District of Columbia, and the Metropolitan Police
Department) may enter into an agreement in excess of $2,500
for the procurement of goods or services on behalf of any
entity of the District government until the officer or
employee has conducted an analysis of how the procurement of
the goods and services involved under the applicable
regulations and procedures of the District government would
differ from the procurement of the goods and services
involved under the Federal supply schedule and other
applicable regulations and procedures of the General Services
Administration, including an analysis of any differences in
the costs to be incurred and the time required to obtain the
goods or services.
Sec. 322. 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 District of Columbia Procurement
Practices Act of 1985 (D.C. Official Code, sec. 2-302.8); and
(2) the audit includes as a basic financial statement a
comparison of audited actual year-end results with the
revenues submitted in the budget document 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
history.
Sec. 323. (a) None of the funds contained in this Act may
be used by the District of Columbia Corporation Counsel or
any other officer or entity of the District government to
provide assistance for any petition drive or civil action
which seeks to require Congress to provide for voting
representation in Congress for the District of Columbia.
(b) Nothing in this section bars the District of Columbia
Corporation Counsel from reviewing or commenting on briefs in
private lawsuits, or from consulting with officials of the
District government regarding such lawsuits.
Sec. 324. (a) None of the Federal funds contained in this
Act may be used for any program of distributing sterile
needles or syringes for the hypodermic injection of any
illegal 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. 325. 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 independent agency of the
District of Columbia) who has not filed a certification with
the Mayor and the Chief Financial 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
Representatives 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. 326. (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 associated with the
possession, use, or distribution of any schedule I substance
under the Controlled Substances Act (21 U.S.C. 802) or any
tetrahydrocannabinols derivative.
(b) The Legalization of Marijuana for Medical Treatment
Initiative of 1998, also known as Initiative 59, approved by
the electors of the District of Columbia on November 3, 1998,
shall not take effect.
Sec. 327. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia 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 exceptions for
religious beliefs and moral convictions.
Sec. 328. (a) If the Superior Court of the District of
Columbia or the District of Columbia Court of Appeals does
not make a payment described in subsection (b) prior to the
expiration of the 45-day period which begins on the date the
Court receives a completed voucher for a claim for the
payment, interest shall be assessed against the amount of the
payment which would otherwise be made to take into account
the period which begins on the day after the expiration of
such 45-day period and which ends on the day the Court makes
the payment.
(b) A payment described in this subsection is--
(1) a payment authorized under section 11-2604 and section
11-2605, D.C. Official Code (relating to representation
provided under the District of Columbia Criminal Justice
Act);
(2) a payment for counsel appointed in proceedings in the
Family Court of the Superior
[[Page S15028]]
Court of the District of Columbia under chapter 23 of title
16, D.C. Official Code; or
(3) a payment for counsel authorized under section 21-2060,
D.C. Official Code (relating to representation provided under
the District of Columbia Guardianship, Protective
Proceedings, and Durable Power of Attorney Act of 1986).
(c) The chief judges of the Superior Court of the District
of Columbia and the District of Columbia Court of Appeals
shall establish standards and criteria for determining
whether vouchers submitted for claims for payments described
in subsection (b) are complete, and shall publish and make
such standards and criteria available to attorneys who
practice before such Courts.
(d) Nothing in this section shall be construed to require
the assessment of interest against any claim (or portion of
any claim) which is denied by the Court involved.
(e) This section shall apply with respect to claims
received by the Superior Court of the District of Columbia or
the District of Columbia Court of Appeals during fiscal year
2003 and any subsequent fiscal year.
Sec. 329. 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 the following issues--
(1) crime, including the homicide rate, implementation of
community policing, the number of police officers on local
beats, and the closing down of open-air drug markets;
(2) access to substance and alcohol abuse treatment,
including the number of treatment slots, the number of people
served, the number of people on waiting lists, and the
effectiveness of treatment programs;
(3) management of parolees and pre-trial violent offenders,
including the number of halfway house escapes and steps taken
to improve monitoring and supervision of halfway house
residents to reduce the number of escapes to be provided in
consultation with the Court Services and Offender Supervision
Agency for the District of Columbia;
(4) education, including access to special education
services and student achievement to be provided in
consultation with the District of Columbia Public Schools and
the District of Columbia public charter schools;
(5) improvement in basic District services, including 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. 330. No later than 30 calendar days after the date of
the enactment of this Act, the Chief Financial Officer of the
District of Columbia shall submit to the appropriate
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 District of
Columbia government submitted pursuant to section 442 of the
District of Columbia Home Rule Act (D.C. Official Code, sec.
1-204.42), for all agencies of the District of Columbia
government for fiscal year 2004 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. 331. 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. 332. None of the Federal funds made available in this
Act may be transferred to any department, agency, or
instrumentality of the United States Government, except
pursuant to a transfer made by, or transfer authority
provided in, this Act or any other appropriation Act.
Sec. 333. In addition to any other authority to pay claims
and judgments, any department, agency, or instrumentality of
the District government may 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).
Sec. 334. All funds from the Crime Victims Compensation
Fund, established pursuant to section 16 of the Victims of
Violent Crime Compensation Act of 1996 (D.C. Law 11-243; D.C.
Official Code, sec. 4-514) (``Compensation Act''), that are
designated for outreach activities pursuant to section
16(d)(2) of the Compensation Act shall be deposited in the
Crime Victims Assistance Fund, established pursuant to
section 16a of the Compensation Act, for the purpose of
outreach activities, and shall remain available until
expended.
Sec. 335. Notwithstanding any other law, the District of
Columbia Courts shall transfer to the general treasury of the
District of Columbia all fines levied and collected by the
Courts in cases charging Driving Under the Influence and
Driving While Impaired. 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 accordance with section
10(b)(3) of the District of Columbia Traffic Control Act
(D.C. Official Code, sec. 50-2201.05(b)(3)).
Sec. 336. From the local funds appropriated under this Act,
any agency of the District government may transfer to the
Office of Labor Relations and Collective Bargaining (OLRCB)
such amounts as may be necessary 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. 337. 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 any action, including an
administrative proceeding, brought 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.
Sec. 338. 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 that the
attorney or representative rendered any and all services for
which they receive awards, including those received under a
settlement agreement or as part of an administrative
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 require all
attorneys in IDEA cases to disclose any financial, corporate,
legal, memberships on boards of directors, 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 quarterly reports to the
Committees on Appropriations of the Senate and the House of
Representatives on the certification 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 District of Columbia may conduct
investigations to determine the accuracy of the
certifications.
Sec. 339. Chapter 3 of title 16, District of Columbia Code,
is amended by inserting at the end the following new section:
``SEC. 16-316. APPOINTMENT AND COMPENSATION OF COUNSEL;
GUARDIAN AD LITEM.
``(a) When a petition for adoption has been filed and there
has been no termination or relinquishment of parental rights
with respect to the proposed adoptee or consent to the
proposed adoption by a parent or guardian whose consent is
required under D.C. Code section 16-304, the Court may
appoint an attorney to represent such parent or guardian in
the adoption proceeding if the individual is financially
unable to obtain adequate representation.
``(b) The Court may appoint a guardian ad litem who is an
attorney to represent the child in an adoption proceeding.
The guardian ad litem shall in general be charged with the
representation of the child's best interest.
``(c) An attorney appointed pursuant to subsection (a) or
(b) of this section shall be compensated in accordance with
D.C. Code section 16-2326.01, except that compensation in the
adoption case shall be subject to the limitation set forth in
D.C. Code section 16-2326.01(b)(2).''.
The table of sections for chapter 3 of title 16, District
of Columbia Code, is amended by inserting at the end the
following new item:
``Sec. 16-316. Appointment and compensation of counsel; guardian ad
litem.''.
Sec. 340. (a) The amount appropriated by this Act as Other
Type Funds may be increased no more than 25 percent to an
account for unanticipated growth in revenue collections.
(b) Conditions of Use.--The District of Columbia may
obligate or expend these amounts only in accordance with the
following conditions:
(1) Certification by the chief financial officer.--The
Chief Financial Officer of the District of Columbia shall
certify that anticipated revenue collections support an
increase in Other Type authority in the amount request.
(2) Notice requirement.--The amounts may be obligated or
expended only if the Mayor notifies the Committees on
Appropriations of the House of Representatives and the Senate
in writing 30 days in advance of any obligation or
expenditure.
Sec. 341. (a) 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 fund balance.
(b) Conditions on Use.--The District of Columbia may
obligate or expend these amounts only in accordance with the
following conditions:
(1) Certification by the chief financial officer.--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 of Columbia's long-
term financial, fiscal, and economic vitality.
(2) Purpose.--The District of Columbia may only use these
funds for the following expenditures:
(A) Unanticipated one-time expenditures;
(B) To address potential deficits;
(C) Debt reduction;
(D) Unanticipated program needs; or
(E) To cover revenue shortfalls.
(3) Local law.--The amounts shall be obligated or expended
in accordance with laws enacted by the Council in support of
each such obligation or expenditure.
(4) Receivership.--The amounts may not be used to fund the
agencies of the District of Columbia government under court-
ordered receivership.
[[Page S15029]]
(5) Notice requirement.--The amounts may be obligated or
expended only if the Mayor notifies the Committees on
Appropriations of the House of Representatives and the Senate
in writing 30 days in advance of any obligation or
expenditure.
(6) Availability of funds.--Funds made available pursuant
to this section shall remain available until expended.
This Act may be cited as the ``District of Columbia
Appropriations Act, 2004''.
The Presiding Officer appointed Mr. DeWine, Mrs. Hutchison, Mr.
Brownback, Mr. Stevens, Ms. Landrieu, Mr. Durbin, and Mr. Inouye
conferees on the part of the Senate.
____________________Legislative Activity
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Senate amendment submitted
November 18, 2003
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Senate amendment submitted
November 18, 2003
Floor
Senate amendment agreed to: Amendment SA 2201 agreed to in Senate by Unanimous Consent.
November 18, 2003
Floor
Senate amendment proposed (on the floor): Amendment SA 2201 proposed by Senator Bond for Senator DeWine to Amendment SA 1783.(consideration: CR S15022; text: CR S15022)
November 18, 2003
Floor
Amendment SA 2201 proposed by Senator Bond for Senator DeWine to Amendment SA 1783. (consideration: CR S15022; text: CR S15022) To make certain monetary modifications.
November 18, 2003
Floor
Amendment SA 2201 agreed to in Senate by Unanimous Consent.
November 18, 2003