S.1446 - District of Columbia Appropriations Act, 2006109th Congress (2005-2006)
|Sponsor:||Sen. Brownback, Sam [R-KS] (Introduced 07/21/2005)|
|Committees:||Senate - Appropriations|
|Committee Reports:||S. Rept. 109-106|
|Latest Action:||07/21/2005 Placed on Senate Legislative Calendar under General Orders. Calendar No. 170. (All Actions)|
|Notes:||For further action, see H.R.3058, which became Public Law 109-115 on 11/30/2005.|
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Summary: S.1446 — 109th Congress (2005-2006)All Information (Except Text)
Reported to Senate without amendment (07/21/2005)
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
District of Columbia Appropriations Act, 2006 - Federal Funds - Makes appropriations to the District of Columbia for FY2006, including amounts for the federal payments: (1) for District of Columbia Resident Tuition Support; (2) for emergency planning and security costs in the District; (3) to District of Columbia Courts; (4) for Defender Services in District of Columbia Courts; (5) to the Court Services and Offender Supervision Agency for the District of Columbia (including transfer of funds); (6) to the DC Water and Sewer Authority; (7) to the Department of Transportation in the District for the Anacostia Waterfront Initiative; (8) to the Criminal Justice Coordinating Council; (9) to the Department of Transportation in the District to implement a downtown circulator transit system; (10) for foster care improvement in the District; (11) to the Chief Financial Officer of the District; (12) for a DC Public School improvement program; (13) for a bioterrorism and forensics laboratory; (14) for the National Guard Youth Challenge program; (15) for marriage development and improvement; (16) for a Latino Youth Initiative; and (17) for prisoner reentrant housing.
Appropriates specified sums out of the District's general fund and/or other funds for the current fiscal year for certain operating expenses (with specified limitations). Requires appropriated amounts to be allocated and expended as proposed under "Title II--District of Columbia Funds" of the Fiscal Year 2006 Proposed Budget and Financial Plan submitted to Congress by the District of Columbia on June 6, 2005.
General Provisions - Sets forth authorized or prohibited uses of funds appropriated by this Act identical or similar to corresponding provisions of the District of Columbia Appropriations Act, 2005.
(Sec. 105) Prohibits the use of federal funds provided in this Act to carry out lobbying activities on any matter. Authorizes the District to use local funds provided in this Act to carry out lobbying activities not inconsistent with this Act.
States that nothing in this Act may be construed to prohibit any elected official from advocating with respect to any issues.
(Sec. 112) Bars the use of funds under this Act to implement or enforce: (1) the District of Columbia Health Care Benefits Expansion Act of 1992 (also known as the District Domestic Partner Act); or (2) any system of registration of unmarried, cohabiting couples for purposes of extending them benefits on the same basis as such benefits are extended to legally married couples.
(Sec. 116) Prohibits the use of funds contained in this Act by the District of Columbia Corporation Counsel or any other District government officer or entity 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.
(Sec. 117) Prohibits the use of federal funds contained in this Act for any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug. Requires individuals or entities who do so to account for all funds used for such program separately from any funds contained in this Act.
(Sec. 118) Prohibits the use of funds contained in this Act 60 days after its enactment to pay the salary of any chief financial officer of any District government office who has not filed a certification with the Mayor and CFO that the officer understands the duties and restrictions applicable, including reports required as a result of this Act or its amendments.
(Sec. 119) Provides that nothing in this Act may be construed to prevent the Council or the Mayor of the District of Columbia from addressing the issue of the provision of contraceptive coverage by health insurance plans. Expresses 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. 120) Requires the Mayor to report quarterly to specified congressional committees on the following District issues: (1) crime; (2) access to substance and alcohol abuse treatment; (3) management of parolees and pre-trial violent offenders; (4) education; (5) improvement in basic District services, including rat control and abatement; (6) application for and management of federal grants; and (7) indicators of child well-being.
(Sec. 122) Requires the District of Columbia Courts to transfer to the DC Treasury all fines levied and collected by the Courts in cases charging Driving Under the Influence and Driving While Impaired. Requires the Office of the Corporation Counsel to use such funds for enforcement and prosecution of District traffic alcohol laws.
(Sec. 123) Prohibits funds contained in this Act from being made available to pay: (1) the fees in excess of $4,000 of an attorney who represents a party or defends an action, including an administrative proceeding, brought against the DC Public Schools under the Individuals with Disabilities Education Act (IDEA); or (2) the fees of an attorney or firm whom the CFO 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. 124) Directs the CFO to require attorneys in special education cases brought under IDEA in the District to certify in writing, along with other specified disclosures, 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 IDEA.
(Sec. 125) Allows an increase in the amount appropriated by this Act by not more than $42 million from funds identified in the comprehensive annual financial report as the District's FY2005 unexpended general fund surplus.
Requires the CFO to certify that the use of such funds is not anticipated to have a negative impact on the District's long-term financial, fiscal, and economic vitality.
Limits the use of such funds to: (1) one-time expenditures; (2) expenditures to avoid deficit spending; (3) debt reduction; (4) program needs; and (5) expenditures to avoid revenue shortfalls.
Prohibits such funds from being: (1) used to fund District government agencies under court-ordered receivership; or (2) obligated or expended without the approval of congressional appropriations committees in advance.
(Sec. 126) Amends the District of Columbia Appropriations Act, 2005 relating to the Federal Payment for School Improvement to require funds earmarked for the development of an incubator facility for public charter schools and for a new incentive fund to reward high performing or significantly improved public charter schools to remain available until expended.
(Sec. 127) Allows the increase of the amount appropriated as District funds pursuant to this Act by an aggregate amount of: (1) not more than 25%, in the case of amounts proposed to be allocated as "Other-Type Funds" in the Fiscal Year 2006 Proposed Budget and Financial Plan submitted to Congress by the District on June 6, 2005; and (2) not more than 6%, in the case of any other amounts proposed to be allocated in such Proposed Budget and Financial Plan.
Requires the CFO to certify the increase in revenue and that the use of such funds is not anticipated to have a negative impact on the District's long-term financial, fiscal, or economic health.
Prohibits the funds from being: (1) used to fund District government agencies under court-ordered receivership; or (2) obligated or expended without the approval of congressional appropriations committees in advance.
(Sec. 128) Authorizes the CFO, beginning in FY2006 and for each fiscal year thereafter, to conduct short-term borrowing from the emergency and contingency reserve funds, under specified conditions.
(Sec. 129) Prohibits the use of funds contained in this Act 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 or any tetrahydrocannabinols (THC) derivative.
Provides that the Legalization of Marijuana for Medical Treatment Initiative of 1998, also known as Initiative 59, approved by the electors of the District on November 3, 1998, shall not take effect.
(Sec. 130) Prohibits the expenditure of funds appropriated under this Act for abortions except where the mother's life would be endangered if the fetus were carried to term or in cases of rape or incest.
(Sec. 131) Amends the District of Columbia Stadium Act of 1957 to direct the Secretary of the Interior to convey 15 acres of specified land to the District for siting, developing, and operating an educational institution for the public welfare, with first preference given to a pre-collegiate public boarding school.
Terminates, upon conveyance, the portion of the stadium in the long-term lease that affects the 15 acres on the property and all the conditions associated therewith. Removes the 15 acres from the "Map to Designate Transfer of Stadium and Lease of Parking Lots to the District ." Makes the lease effective immediately.
(Sec. 132) Continues through FY2006 the CFO's authority exercised with respect to personnel and the preparation of fiscal impact statements during a control period.
(Sec. 133) Exempts the entire process used by the CFO to acquire all kinds of goods, works, and services by contractual means, including but not limited to purchase, lease, or rental, from the District of Columbia's Procurement Practices Act if such exemption takes effect as if enacted in D.C. Law 11-259 and remains in effect through FY2006.
(Sec.134) Amends the District of Columbia Code to make provisions regarding pension relief allowance or retirement compensation increase for annuitants inapplicable to annuitants retired from the U.S. Secret Service Division, other than annuitants retired from the U.S. Secret Service Uniformed Division.
(Sec. 135) Entitles such annuitants, other than those retired from the Uniformed Division, to an annual increase equal to the General Schedule overall average pay increase effective in accordance with federal annual adjustments to pay schedules.
Entitles each such annuitant, in the event that such annuity increase cannot be determined because the federal annual adjustment is superseded or nullified, to an annual increase under the District of Columbia Code that provides cost-of-living adjustments of annuities.
(Sec. 136) Enacts into law Section 4013 (the selection of the certified public accountant or firm that audits the District's annual financial statement) of the Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Amendments Act of 2005, passed on first reading on May 10, 2005 (engrossed version of Bill 16-200).
(Sec. 137) Authorizes the CFO to transfer $5 million from local funds appropriated for the Deputy Mayor for Economic Development to the Anacostia Waterfront Corporation and to reallocate the appropriation authority for such funds to a heading to be entitled "Anacostia Waterfront Corporation."