S.1583 - District of Columbia Appropriations Act, 2004108th Congress (2003-2004)
Bill
Hide Overview| Sponsor: | Sen. DeWine, Mike [R-OH] (Introduced 09/04/2003) |
|---|---|
| Committees: | Senate - Appropriations |
| Committee Reports: | S. Rept. 108-142 |
| Latest Action: | Senate - 09/04/2003 Placed on Senate Legislative Calendar under General Orders. Calendar No. 272. (All Actions) |
| Notes: | H.R. 2673, the Consolidated Appropriations bill, contains FY2004 appropriations for Agriculture, Commerce-Justice-State, District of Columbia, Foreign Operations, Labor-HHS-Education, Transportation-Treasury, and VA-HUD. See H.R. 2673 for further action. |
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Placed on Calendar Senate (09/04/2003)
[Congressional Bills 108th Congress]
[From the U.S. Government Printing Office]
[S. 1583 Placed on Calendar Senate (PCS)]
Calendar No. 272
108th CONGRESS
1st Session
S. 1583
[Report No. 108-142]
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 4, 2003
Mr. DeWine, from the Committee on Appropriations, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 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 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, $20,000,000: 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, $40,000,000, 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; for the Secretary of the Department of Education, $13,000,000
to administer opportunity scholarships for students in the District of
Columbia in accordance with title II of this Act: Provided further,
That $1,000,000 shall be for administrative expenses necessary for
carrying out title II of this Act: Provided, That the State Education
Office shall submit a plan for the use of funds provided under this
heading for public school education to the Committees on Appropriations
of the House of Representatives and Senate within 30 days of enactment
of this Act: Provided further, That the funds provided under this
heading for public school education shall not be made available until
30 calendar days after the submission of a spending plan by the State
Education Office to the Committees on Appropriations of the House of
Representatives and Senate.
TITLE II--DC STUDENT OPPORTUNITY SCHOLARSHIP ACT OF 2003
SECTION 1. SHORT TITLE.
This Act may be cited as the ``DC Student Opportunity Scholarship
Act of 2003''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Parents are best equipped to make decisions for their
children, including the educational setting that will best
serve the interests and educational needs of their child.
(2) For many parents in the District of Columbia, available
educational alternatives to the public schools are inadequate,
and more educational options are needed. In particular, funds
are needed to assist low-income parents to exercise choice
among enhanced public opportunities and private educational
environments, whether religious or nonreligious.
(3) In the most recent mathematics assessment on the
National Assessment of Educational Progress (NAEP),
administered in 2000, a lower percentage of 4th-grade students
in the District of Columbia demonstrated proficiency than was
the case for any State. Seventy-six percent of the District of
Columbia fourth-graders scored at the ``below basic'' level and
of the 8th-grade students in the District of Columbia, only 6
percent of the students tested at the proficient or advanced
levels, and 77 percent were below basic. In the most recent
NAEP reading assessment, in 1998, only 10 percent of the
District of Columbia fourth-graders could read proficiently,
while 72 percent were below basic. At the 8th-grade level, 12
percent were proficient or advanced and 56 percent were below
basic.
(4) A program enacted for the valid secular purpose of
providing educational assistance to low-income children in a
demonstrably failing public school system is constitutional
under Zelman v. Simmons-Harris, 536 U.S. 639 (2002), if it is
neutral with respect to religion and provides assistance to a
broad class of citizens who direct government aid to religious
and secular schools solely as a result of their genuine and
independent private choices.
(5) The Mayor of the District of Columbia and the President
of the District of Columbia Board of Education support this
Act.
(6) This Act provides additional money for the District of
Columbia public schools and therefore money for vouchers is not
being taken out of money that would otherwise go to the
District of Columbia public schools.
(7) This Act creates a 5-year pilot program tailored to the
current needs and particular circumstances of low-income
children in District of Columbia schools. This Act does not
establish parameters or requirements for other school choice
programs.
SEC. 3. PURPOSE.
The purpose of this Act is to provide low-income parents residing
in the District of Columbia, particularly parents of students who
attend elementary schools or secondary schools identified for
improvement, corrective action, or restructuring under section 1116 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316),
with expanded opportunities for enrolling their children in higher-
performing schools in the District of Columbia.
SEC. 4. GENERAL AUTHORITY.
(a) Authority.--From funds appropriated to carry out this Act, the
Secretary shall award grants on a competitive basis to eligible
entities with approved applications under section 5 to carry out
activities to provide eligible students with expanded school choice
opportunities. The Secretary may award a single grant or multiple
grants, depending on the quality of applications submitted and the
priorities of this Act.
(b) Duration of Grants.--The Secretary may make grants under this
section for a period of not more than 5 years.
(c) Memorandum of Understanding.--The Secretary and the Mayor of
the District of Columbia shall enter into a memorandum of understanding
regarding the design of, selection of eligible entities to receive
grants under, and implementation of, a program assisted under this Act.
SEC. 5. APPLICATIONS.
(a) In General.--In order to receive a grant under this Act, an
eligible entity shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may require.
(b) Contents.--The Secretary may not approve the request of an
eligible entity for a grant under this Act unless the entity's
application includes--
(1) a detailed description of--
(A) how the entity will address the priorities
described in section 6;
(B) how the entity will ensure that if more
eligible students seek admission in the program than
the program can accommodate, eligible students are
selected for admission through a random selection
process which gives weight to the priorities described
in section 6;
(C) how the entity will ensure that if more
participating eligible students seek admission to a
participating school than the school can accommodate,
participating eligible students are selected for
admission through a random selection process;
(D) how the entity will notify parents of eligible
students of the expanded choice opportunities and how
the entity will ensure that parents receive sufficient
information about their options to allow the parents to
make informed decisions;
(E) the activities that the entity will carry out
to provide parents of eligible students with expanded
choice opportunities through the awarding of
scholarships under section 7(a);
(F) how the entity will determine the amount that
will be provided to parents for the tuition, fees, and
transportation expenses, if any;
(G) how the entity will seek out private elementary
schools and secondary schools in the District of
Columbia to participate in the program, and will ensure
that participating schools will meet the applicable
requirements of this Act (including those related to
the admission of participating eligible students) and
provide the information needed for the entity to meet
the reporting requirements of this Act;
(H) how the entity will ensure that participating
schools are financially responsible and will use the
funds received under this title effectively;
(I) how the entity will address the renewal of
scholarships to participating eligible students,
including continued eligibility; and
(J) how the entity will ensure that a majority of
its voting board members or governing organization are
residents of the District of Columbia; and
(2) an assurance that the entity will comply with all
requests regarding any evaluation carried out under section 9.
SEC. 6. PRIORITIES.
In awarding grants under this Act, the Secretary shall give
priority to applications from eligible entities who will most
effectively--
(1) give priority to eligible students who, in the school
year preceding the school year for which the eligible student
is seeking a scholarship, attended an elementary school or
secondary school identified for improvement, corrective action,
or restructuring under section 1116 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6316);
(2) target resources to students and families that lack the
financial resources to take advantage of available educational
options; and
(3) provide students and families with the widest range of
educational options.
SEC. 7. USE OF FUNDS.
(a) Scholarships.--
(1) In general.--Subject to paragraphs (2) and (3), a
grantee shall use the grant funds to provide eligible students
with scholarships to pay the tuition, fees, and transportation
expenses, if any, to enable them to attend the District of
Columbia private elementary school or secondary school of their
choice. Each grantee shall ensure that the amount of any
tuition or fees charged by a school participating in the
grantee's program under this Act to an eligible student
participating in the program does not exceed the amount of
tuition or fees that the school customarily charges to students
who do not participate in the program.
(2) Payments to parents.--A grantee shall make scholarship
payments under the program under this Act to the parent of the
eligible student participating in the program, in a manner
which ensures that such payments will be used for the payment
of tuition, fees, and transportation expenses (if any), in
accordance with this Act.
(3) Amount of assistance.--
(A) Varying amounts permitted.--Subject to the
other requirements of this section, a grantee may award
scholarships in larger amounts to those eligible
students with the greatest need.
(B) Annual limit on amount.--The amount of
assistance provided to any eligible student by a
grantee under a program under this Act may not exceed
$7,500 for any academic year.
(4) Continuation of scholarships.--Notwithstanding section
12(3)(B), an eligible entity receiving a grant under this Act
may award a scholarship, for the second or any succeeding year
of an eligible student's participation in a program under this
Act, to a student who comes from a household whose income does
not exceed 200 percent of the poverty line.
(b) Administrative Expenses.--A grantee may use not more than 3
percent of the amount provided under the grant each year for the
administrative expenses of carrying out its program under this Act
during the year, including--
(1) determining the eligibility of students to participate;
(2) providing information about the program and the schools
involved to parents of eligible students;
(3) selecting students to receive scholarships;
(4) determining the amount of scholarships and issuing the
scholarships to eligible students;
(5) compiling and maintaining financial and programmatic
records; and
(6) providing funds to assist parents in meeting expenses
that might otherwise preclude the participation of their child
in the program.
SEC. 8. NONDISCRIMINATION.
(a) In General.--An eligible entity or a school participating in
any program under this Act shall not discriminate against program
participants or applicants on the basis of race, color, national
origin, religion, or sex.
(b) Applicability and Single Sex Schools, Classes, or Activities.--
(1) Applicability.--Notwithstanding any other provision of
law, the prohibition of sex discrimination in subsection (a)
shall not apply to a participating school that is operated by,
supervised by, controlled by, or connected to a religious
organization to the extent that the application of subsection
(a) is inconsistent with the religious tenets of the school.
(2) Single sex schools, classes, or activities.--
Notwithstanding subsection (a) or any other provision of law, a
parent may choose and a school may offer a single sex school,
class, or activity.
(c) Children With Disabilities.--Nothing in this Act may be
construed to alter or modify the provisions of the Individuals with
Disabilities Education Act.
(d) Religiously Affiliated Schools.--
(1) In general.--Notwithstanding any other provision of
law, a school participating in any program under this Act that
is operated by, supervised by, controlled by, or connected to,
a religious organization may exercise its discretion in matters
of employment consistent with title VII of the Civil Rights Act
of 1964 (42 U.S.C. 2000e-1 et seq.), including the exemptions
in such title.
(2) Maintenance of purpose.--Notwithstanding any other
provision of law, funds made available under this Act to
eligible students that are received by a participating school,
as a result of their parents' choice, shall not, consistent
with the first amendment of the United States Constitution,
necessitate any change in the participating school's teaching
mission, require any participating school to remove religious
art, icons, scriptures, or other symbols, or preclude any
participating school from retaining religious terms in its
name, selecting its board members on a religious basis, or
including religious references in its mission statements and
other chartering or governing documents.
(e) Rule of Construction.--A scholarship (or any other form of
support provided to parents of eligible students) under this Act shall
be considered assistance to the student and shall not be considered
assistance to the school that enrolls the eligible student. The amount
of any scholarship (or other form of support provided to parents of an
eligible student) under this Act shall not be treated as income of the
parents for purposes of Federal tax laws or for determining eligibility
for any other Federal program.
SEC. 9. EVALUATIONS.
(a) In General.--
(1) Duties of secretary.--The Secretary, directly or by
grant, contract, or cooperative agreement, shall--
(A) conduct an evaluation using the strongest
possible research design for determining the
effectiveness of the programs funded under this Act
that addresses the issues described in paragraph (2);
and
(B) disseminate information on the impact of the
programs in increasing the student academic achievement
of participating students, as well as other appropriate
measures of student success, and on the impact of the
programs on students and schools in the District of
Columbia.
(2) Issues to be evaluated.--The issues described in this
paragraph include the following:
(A) A comparison of the academic achievement of
students who participate in the programs funded under
this Act with the academic achievement of students of
similar backgrounds who do not participate in such
programs, including a consideration of school factors
that may contribute to any differences in their
academic achievement.
(B) The success of the programs in expanding choice
options for parents.
(C) The reasons parents choose for their children
to participate in the programs.
(D) A comparison of the retention rates, dropout
rates, and (if appropriate) graduation and college
admission rates of students who participate in the
programs funded under this Act with the retention
rates, dropout rates, and (if appropriate) graduation
and college admission rates of students of similar
backgrounds who do not participate in such programs.
(E) The impact of the program on students and
public elementary schools and secondary schools in the
District of Columbia.
(F) A comparison of the safety of the schools
attended by students who participate in the programs
and the schools attended by students who do not
participate in the programs.
(G) Such other issues as the Secretary considers
appropriate for inclusion in the evaluation.
(b) Reports.--The Secretary shall submit to the Committees on
Appropriations, Education and the Workforce, and Government Reform of
the House of Representatives and the Committees on Appropriations,
Health, Education, Labor, and Pensions, and Governmental Affairs of the
Senate--
(1) annual interim reports not later than December 1 of
each year for which a grant is made under this Act on the
progress and preliminary results of the evaluation of the
programs funded under this Act; and
(2) a final report not later than 1 year after the final
year for which a grant is made under this Act on the results of
the evaluation of the programs funded under this Act.
(c) Public Availability.--All reports and underlying data gathered
pursuant to this section shall be made available to the public upon
request, in a timely manner following submission of the applicable
report under subsection (b), except that personally identifiable
information shall not be disclosed or made available to the public.
(d) Limit on Amount Expended.--The amount expended by the Secretary
to carry out this section for any fiscal year may not exceed 3 percent
of the total amount appropriated to carry out this Act for the year.
SEC. 10. REPORTING REQUIREMENTS.
(a) Activities Reports.--Each grantee receiving funds under this
Act during a year shall submit a report to the Secretary not later than
July 30 of the following year regarding the activities carried out with
the funds during the preceding year.
(b) Achievement Reports.--
(1) In general.--In addition to the reports required under
subsection (a), each grantee shall, not later than September 1
of the year during which the second academic year of the
grantee's program is completed and each of the next 2 years
thereafter, submit a report to the Secretary regarding the data
collected in the previous 2 academic years concerning--
(A) the academic achievement of students
participating in the program;
(B) the graduation and college admission rates of
students who participate in the program, where
appropriate; and
(C) parental satisfaction with the program.
(2) Prohibiting disclosure of personal information.--No
report under this subsection may contain any personally
identifiable information.
(c) Reports to Parent.--
(1) In general.--Each grantee shall ensure that each school
participating in the grantee's program under this Act during a
year reports at least once during the year to the parents of
each of the school's students who are participating in the
program on--
(A) the student's academic achievement, as measured
by a comparison with the aggregate academic achievement
of other participating students at the student's school
in the same grade or level, as appropriate, and the
aggregate academic achievement of the student's peers
at the student's school in the same grade or level, as
appropriate; and
(B) the safety of the school, including the
incidence of school violence, student suspensions, and
student expulsions.
(2) Prohibiting disclosure of personal information.--No
report under this subsection may contain any personally
identifiable information, except as to the student who is the
subject of the report to that student's parent.
(d) Report to Congress.--The Secretary shall submit to the
Committees on Appropriations, Education and the Workforce, and
Government Reform of the House of Representatives and the Committees on
Appropriations, Health, Education, Labor, and Pensions, and
Governmental Affairs of the Senate an annual report on the findings of
the reports submitted under subsections (a) and (b).
SEC. 11. OTHER REQUIREMENTS FOR PARTICIPATING SCHOOLS.
(a) Requests for Data and Information.--Each school participating
in a program funded under this Act shall comply with all requests for
data and information regarding evaluations conducted under section
9(a).
(b) Rules of Conduct and Other School Policies.--A participating
school may require eligible students to abide by any rules of conduct
and other requirements applicable to all other students at the school.
(c) Assessments.--Each participating school shall--
(1) ensure that participating eligible students receive
comparable academic assessments in the same grade levels as
those provided to District of Columbia public school students,
and ensure, to the maximum extent possible, that the assessment
results are capable of being compared to determine the relative
achievement levels between participating eligible students and
District of Columbia public school students in the same grades;
and
(2) ensure academic assessment results containing any
personally identifiable information shall be disclosed only to
the parents of the student taking the assessment.
SEC. 12. DEFINITIONS.
As used in this Act:
(1) Elementary school.--The term ``elementary school''
means an institutional day or residential school, including a
public elementary charter school, that provides elementary
education, as determined under District of Columbia law.
(2) Eligible entity.--The term ``eligible entity'' means
any of the following:
(A) An educational entity of the District of
Columbia Government.
(B) A nonprofit organization.
(C) A consortium of nonprofit organizations.
(3) Eligible student.--The term ``eligible student'' means
a student who--
(A) is a resident of the District of Columbia; and
(B) comes from a household whose income does not
exceed 185 percent of the poverty line.
(4) Parent.--The term ``parent'' has the meaning given that
term in section 9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
(5) Poverty line.--The term ``poverty line'' has the
meaning given that term in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(6) Secondary school.--The term ``secondary school'' means
an institutional day or residential school, including a public
secondary charter school, as determined under District of
Columbia law, except that the term does not include any
education beyond grade 12.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act such
sums as may be necessary.
TITLE III--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 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 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 IV--GENERAL PROVISIONS
Sec. 101. 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. 102. 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. 103. 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. 104. 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. 105. 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. 106. 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. 107. 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. 108. (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. 109. (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. 110. 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. 111. 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. 112. 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. 113. 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. 114. (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 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. 115. (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. 116. 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. 117. 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. 118. 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. 119. (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. 120. (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. 121. 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. 122. 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. 123. (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. 124. (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. 125. 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. 126. (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. 127. 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. 128. (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 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. 129. 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. 130. 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. 131. 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. 132. 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. 133. 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. 134. 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. 135. 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. 136. 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. 137. 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. 138. 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. 139. 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. 140. (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. 141. (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.
(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''.
Calendar No. 272
108th CONGRESS
1st Session
S. 1583
[Report No. 108-142]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
September 4, 2003
Read twice and placed on the calendar