[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1446 Placed on Calendar Senate (PCS)]


                                                       Calendar No. 170
109th CONGRESS
  1st Session
                                S. 1446

                          [Report No. 109-106]

 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, 
                     2006, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 21, 2005

   Mr. Brownback, 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, 
                     2006, 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, 2006, and for other purposes, namely:

                          DISTRICT OF COLUMBIA

                             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, 
$33,200,000, 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 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 $1,200,000 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, $12,000,000, to remain 
available until expended, to reimburse the District of Columbia for the 
costs of providing public safety at events related to the presence of 
the national capital 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 to the district of columbia courts

    For salaries and expenses for the District of Columbia Courts, 
$218,912,000, to be allocated as follows: for the District of Columbia 
Court of Appeals, $9,198,000, of which not to exceed $1,500 is for 
official reception and representation expenses; for the District of 
Columbia Superior Court, $87,342,000, of which not to exceed $1,500 is 
for official reception and representation expenses; for the District of 
Columbia Court System, $41,643,000, of which not to exceed $1,500 is 
for official reception and representation expenses; and $80,729,000, to 
remain available until September 30, 2007, for capital improvements for 
District of Columbia courthouse facilities: Provided, That 
notwithstanding any other provision of law, a single contract or 
related contracts for development and construction of facilities may be 
employed which collectively include the full scope of the project: 
Provided further, That the solicitation and contract shall contain the 
clause ``availability of Funds'' found at 48 CFR 52.232-18: Provided 
further, 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), and such services shall 
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 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 this heading for operations, and not more than 4 
percent of the funds provided under this heading for facilities.

            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 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 contractual agreements 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, payments for counsel appointed in adoption proceedings 
under chapter 3 of title 16, D.C. Code, 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), 
$45,000,000, to remain available until expended: Provided, That the 
funds provided in this Act under the heading ``Federal Payment to the 
District of Columbia Courts'' (other than the $80,729,000 provided 
under such heading for capital improvements for District of Columbia 
courthouse facilities) may also be used for payments under this 
heading: Provided further, That in addition to the funds provided under 
this heading, the Joint Committee on Judicial Administration in the 
District of Columbia may use funds provided in this Act under the 
heading ``Federal Payment to the District of Columbia Courts'' (other 
than the $80,729,000 provided under such heading for capital 
improvements for District of Columbia courthouse facilities), to make 
payments described under this heading for obligations incurred during 
any fiscal year: Provided further, That funds provided under this 
heading shall be administered by the Joint Committee on Judicial 
Administration in the District of Columbia: Provided futher, 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), and such services shall 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, $201,388,000, of which not to 
exceed $2,000 is for official receptions and representation expenses 
related to Community Supervision and Pretrial Services Agency programs; 
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 $129,360,000 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 $42,195,000 shall be available to the 
Pretrial Services Agency; and of which $29,833,000 shall be transferred 
to the Public Defender Service for the District of Columbia: 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 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 Court Services and 
Offender Supervision Agency Director is authorized to accept and use 
reimbursement from the D.C. Government for space and services provided 
on a cost reimbursable basis: Provided further, That for this fiscal 
year and subsequent fiscal years, the Public Defender Service is 
authorized to charge fees to cover costs of materials distributed and 
training provided to attendees of educational events, including 
conferences, sponsored by the Public Defender Service, and 
notwithstanding section 3302 of title 31, United States Code, said fees 
shall be credited to the Public Defender Service account to be 
available for use without further appropriation.

 federal payment to the district of columbia water and sewer authority

    For a Federal payment to the District of Columbia Water and Sewer 
Authority, $5,000,000, to remain available until expended, to continue 
implementation of the Combined Sewer Overflow Long-Term Plan: Provided, 
That the District of Columbia Water and Sewer Authority provides a 100 
percent match for this payment.

        federal payment for the anacostia waterfront initiative

    For a Federal payment to the District of Columbia Department of 
Transportation, $3,000,000, to remain available until September 30, 
2007, for design and construction of a continuous pedestrian and 
bicycle trail system from the Potomac River to the District's border 
with Maryland.

      federal payment to the criminal justice coordinating council

    For a Federal payment to the Criminal Justice Coordinating Council, 
$1,300,000, to remain available until expended, to support initiatives 
related to the coordination of Federal and local criminal justice 
resources in the District of Columbia.

             federal payment for transportation assistance

    For a Federal payment to the District of Columbia Department of 
Transportation, $1,000,000, to implement a downtown circulator transit 
system.

    federal payment for foster care improvements in the district of 
                                columbia

    For the Federal payment to the District of Columbia for foster care 
improvements, $2,000,000 to remain available until expended: Provided, 
That $1,750,000 shall be for the Child and Family Services Agency, of 
which $1,000,000 shall be for a loan repayment program for social 
workers; of which $750,000 shall be for post-adoption services: 
Provided further, That $250,000 shall be for the Washington 
Metropolitan Council of Governments, to continue a program in 
conjunction with the Foster and Adoptive Parents Advocacy Center, to 
provide respite care for and recruitment of foster parents: Provided 
further, That these Federal funds shall supplement and not supplant 
local funds for the purposes described under this heading.

  federal payment to the office of the chief financial officer of the 
                          district of columbia

    For a Federal payment to the Office of the Chief Financial Officer 
of the District of Columbia, $16,500,000: 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 Office of the Chief Financial Officer 
of the District of Columbia and the Committees on Appropriations of the 
House of Representatives and Senate a report on the activities to be 
carried out with such funds no later than March 15, 2006.

                 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 
District of Columbia Public Schools, $13,000,000 to improve public 
school education in the District of Columbia; for the State Education 
Office, $13,000,000 to expand quality public charter schools in the 
District of Columbia, to remain available until September 30, 2007; for 
the Secretary of the Department of Education, $14,000,000 to provide 
opportunity scholarships for students in the District of Columbia in 
accordance with division C, title III of the District of Columbia 
Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 126), of which 
up to $1,000,000 may be used to administer and fund assessments: 
Provided, That of the $13,000,000 provided for public charter schools 
in the District of Columbia; $4,000,000, to remain available until 
expended, shall be for the Direct Loan Fund for Charter Schools; 
$2,000,000, to remain available until expended, shall be for Credit 
Enhancement; $2,000,000 shall be for continuation of the City Build 
Charter School Program; $1,500,000 shall be for flexible grants; 
$2,000,000 shall be used only for grants to public charter schools for 
improvement of public school facilities; $400,000 shall be for college 
access programming; $300,000 shall be to create a truancy center; 
$250,000 shall be for administration of Federal entitlement funding; 
$300,000 shall be for data collection and analysis; and $250,000 shall 
be for administration within the State Education Office.

       federal payment for bioterrorism and forensics laboratory

    For a Federal payment to the District of Columbia, $5,200,000, to 
remain available until September 30, 2007, for costs associated with 
the construction of a bioterrorism and forensics laboratory: Provided, 
That the District of Columbia shall provide an additional $1,500,000 
with local funds as a condition of receiving this payment.

     federal payment for the national guard youth challenge program

    For a Federal payment to the District of Columbia National Guard 
for the Youth Challenge program, $500,000.

        federal payment for marriage development and improvement

    For a Federal payment for marriage development and improvement in 
the District of Columbia, $3,000,000, to remain available until 
expended: Provided, That $1,500,000 shall be for the Capital Area Asset 
Building Corporation for the establishment of marriage development 
accounts in accordance with the requirements in the accompanying 
report, of which $400,000 shall be for program planning, marketing, 
evaluation, and account administration: Provided further, That 
$1,500,000 shall be for mentoring, counseling, community outreach, and 
training and technical assistance, of which $850,000 shall be for the 
National Center for Fathering and $650,000 shall be for the East 
Capitol Center for Change to carry out these activities: Provided 
further, That within 30 days of enactment of this Act, the entities 
receiving funds under this title shall submit to the Committees on 
Appropriations of the House and Senate, a detailed expenditure plan and 
program requirements that comport with the guidance in the accompanying 
report.

             federal payment for a latino youth initiative

    For a Federal payment to improve health and educational outcomes of 
Latino youth in the District of Columbia, $2,000,000, to remain 
available until expended: Provided, That $1,100,000 shall be for The 
National Council of La Raza to provide mentoring, training, 
intervention services and policy research: Provided further, That 
$400,000 shall be for the MidAtlantic Equity Center to develop a 
comprehensive Latino youth literacy plan: Provided further, That 
$500,000 shall be for the Latin American Youth Center for direct 
services to Latino youth: Provided further, That within 15 days of 
enactment of this Act, the entities receiving funds under this title 
shall submit to the Committees on Appropriations of the House and 
Senate, a detailed expenditure plan that comports with the requirements 
in the accompanying report.

             federal payment for prisoner reentrant housing

    For a Federal payment to the District of Columbia to increase the 
capacity of available housing for ex-offenders returning to the 
community, $3,000,000, to remain available until expended: Provided, 
That the District will use a portion of these funds to provide housing 
to on-site mentors as a condition of receiving this payment: Provided 
further, That within 15 days of enactment of this Act, the Mayor shall 
submit to the Committees on Appropriations of the House and Senate, a 
detailed expenditure plan that comports with the requirements in the 
accompanying report.

                       District of Columbia Funds

    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 (D.C. Official 
Code, sec. 1-204.50a) and provisions of this Act, the total amount 
appropriated in this Act for operating expenses for the District of 
Columbia for fiscal year 2006 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 $8,700,158,000 (of which $5,007,344,000 shall be 
from local funds, $1,921,287,000 shall be from Federal grant funds, 
$1,754,399,000 shall be from other funds, and $17,129,000 shall be from 
private funds), in addition, $163,116,000 from funds previously 
appropriated in this Act as Federal payments: Provided further, That of 
the local funds, $466,894,000 shall be derived from the District's 
general fund balance: Provided further, That of these funds the 
District's intradistrict authority shall be $468,486,000: in addition 
for capital construction projects there is appropriated an increase of 
$2,820,637,000, of which $1,072,671,000 shall be from local funds, 
$49,551,000 from Highway Trust funds, $172,183,000 from the Local 
Street Maintenance fund, $378,000,000 from securitization of future 
revenue streams, $400,000,000 from Certificates of Participation 
financing, $534,800,000 from financing for construction of a baseball 
stadium, $213,432,000 from Federal grant funds, and a rescission of 
$295,032,000 from local funds appropriated under this heading in prior 
fiscal years, for a net amount of $2,525,605,000, to remain available 
until expended: Provided further, That the amounts provided under this 
heading are 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 the Congress of the United States by 
the District of Columbia on June 6, 2005: 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 as amended by this 
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 2006, 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.

                           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, or, in the case of the Council of the District 
of Columbia, funds may be expended with the authorization of the 
Chairman of the Council.
    Sec. 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.
    Sec. 104. 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. 105. (a) None of the Federal funds provided in this Act may be 
used to carry out lobbying activities on any matter. The District may 
use local funds to carry out lobbying activities not inconsistent with 
this Act.
    (b) Nothing in this section may be construed to prohibit any 
elected official from advocating with respect to any issue.
    Sec. 106. (a) None of the funds provided under this title to the 
agencies funded by this title, both Federal and District government 
agencies, that remain available for obligation or expenditure in fiscal 
year 2006, 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 title, shall be available for obligation or expenditures 
for an agency through a reprogramming of funds which--
            (1) creates new programs;
            (2) eliminates a program, project, or responsibility 
        center;
            (3) establishes or changes allocations specifically denied, 
        limited or increased under this Act;
            (4) increases funds or personnel by any means for any 
        program, project, or responsibility center for which funds have 
        been denied or restricted;
            (5) reestablishes any program or project previously 
        deferred through reprogramming;
            (6) augments any existing program, project, or 
        responsibility center through a reprogramming of funds in 
        excess of $3,000,000 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 15 days in advance of the 
reprogramming.
    (b) None the local funds contained in this Act may be available for 
obligation or expenditure for an agency through a transfer of any local 
funds in excess of $3,000,000 from one appropriation heading to another 
unless the Committees on Appropriations of the House of Representatives 
and Senate are notified in writing 15 days in advance of the transfer, 
except that in no event may the amount of any funds transferred exceed 
4 percent of the local funds in the appropriations.
    Sec. 107. 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. 108. Notwithstanding any other provisions of law, the 
provisions of the District of Columbia Government Comprehensive Merit 
Personnel Act of 1978 (D.C. Law 2-139; D.C. Official Code, sec. 1-
601.01 et seq.), enacted pursuant to section 422(3) of the District of 
Columbia Home Rule Act (D.C. Official Code, sec. 1-204l.22(3)), shall 
apply with respect to the compensation of District of Columbia 
employees. For pay purposes, employees of the District of Columbia 
government shall not be subject to the provisions of title 5, United 
States Code.
    Sec. 109. No later than 30 days after the end of the first quarter 
of fiscal year 2006, 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 2006 revenue estimates as of the end of such quarter. These 
estimates shall be used in the budget request for fiscal year 2007. The 
officially revised estimates at midyear shall be used for the midyear 
report.
    Sec. 110. 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. 111. 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. 112. 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. 113. (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)(1) No such Federal, private, or other grant may be obligated, 
or expended pursuant to subsection (a) until--
            (A) the Chief Financial Officer of the District of Columbia 
        submits to the Council a report setting forth detailed 
        information regarding such grant; and
            (B) the Council has reviewed and approved the obligation, 
        and expenditure of such grant.
    (2) For purposes of paragraph (1)(B), the Council shall be deemed 
to have reviewed and approved the obligation, and expenditure of a 
grant if--
            (A) no written notice of disapproval is filed with the 
        Secretary of the Council within 14 calendar days of the receipt 
        of the report from the Chief Financial Officer under paragraph 
        (1)(A); or
            (B) if such a notice of disapproval is filed within such 
        deadline, the Council does not by resolution disapprove the 
        obligation, or expenditure of the grant within 30 calendar days 
        of the initial receipt of the report from the Chief Financial 
        Officer under paragraph (1)(A).
    (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 may 
adjust the budget for Federal, private, and other grants received by 
the District government reflected in the amounts appropriated in this 
title, or approved and received under subsection (b)(2) to reflect a 
change in the actual amount of the grant.
    (e) 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. 114. (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 or is otherwise designated by the 
        Fire Chief;
            (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, 2006, an inventory, as of September 30, 2005, 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. 115. 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 2006 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. 116. (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. 117. (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. 118. 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: Provided, That the Chief Financial Officer of the 
District of Columbia shall provide to the Committees on Appropriations 
of the House of Representatives and Senate by April 1, 2006 and October 
1, 2006, a summary list showing each report, the due date, and the date 
submitted to the Committees.
    Sec. 119. 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. 120. 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--
            (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 houses 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. 121. (a) 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 2006 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.
    (b) This section shall apply only to an agency where the Chief 
Financial Officer of the District of Columbia certifies that a 
reallocation is required to address unanticipated changes in program 
requirements.
    Sec. 122. Notwithstanding any other law, in fiscal year 2006 and in 
each subsequent fiscal year, the District of Columbia Courts shall 
transfer to the general treasury of the District of Columbia all fines 
levied and collected by the Courts under section 10(b)(1) and (2) of 
the District of Columbia Traffic Act (D.C. Official Code, sec. 50-
2201.05(b)(1) and (2)): Provided, that the transferred funds are hereby 
made available and shall remain available until expended and shall be 
used by the Office of the Attorney General of the District of Columbia 
for enforcement and prosecution of District traffic alcohol laws in 
accordance with section 10(b)(3) of the District of Columbia Traffic 
Act (D.C. Official Code, sec. 50-2201.05(b)(3)).
    Sec. 123. (a) 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 an action 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.
    (b) In this section, the term ``action'' includes an administrative 
proceeding and any ensuing or related proceedings before a court of 
competent jurisdiction.
    Sec. 124. The Chief Financial Officer of the District of Columbia 
shall require attorneys in special education cases brought under the 
Individuals with Disabilities Education 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. As part of the certification, the Chief Financial Officer of 
the District of Columbia shall 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. The Chief Financial Officer shall prepare and submit 
quarterly reports to the Committees on Appropriations of the House of 
Representatives and Senate 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. 
The Inspector General of the District of Columbia may conduct 
investigations to determine the accuracy of the certifications.
    Sec. 125. The amount appropriated by this title may be increased by 
no more than $42,000,000 from funds identified in the comprehensive 
annual financial report as the District's fiscal year 2005 unexpended 
general fund surplus. The District may obligate and expend these 
amounts only in accordance with the following conditions:
            (1) The Chief Financial Officer of the District of Columbia 
        shall certify that the use of any such amounts is not 
        anticipated to have a negative impact on the District's long-
        term financial, fiscal, and economic vitality.
            (2) The District of Columbia may only use these funds for 
        the following expenditures:
                    (A) One-time expenditures.
                    (B) Expenditures to avoid deficit spending.
                    (C) Debt Reduction.
                    (D) Program needs.
                    (E) Expenditures to avoid revenue shortfalls.
            (3) The amounts shall be obligated and expended in 
        accordance with laws enacted by the Council in support of each 
        such obligation or expenditure.
            (4) The amounts may not be used to fund the agencies of the 
        District of Columbia government under court ordered 
        receivership.
            (5) The amounts may not be obligated or expended unless the 
        Mayor notifies the Committees on Appropriations of the House of 
        Representatives and Senate not fewer than 30 days in advance of 
        the obligation or expenditure.
    Sec. 126. (a) The fourth proviso in the item relating to ``Federal 
Payment for School Improvement'' in the District of Columbia 
Appropriations Act, 2005 (Public Law 108-335; 118 Stat. 1327) is 
amended--
            (1) by striking ``$4,000,000'' and inserting ``$4,000,000, 
        to remain available until expended,''; and
            (2) by striking ``$2,000,000 shall be for a new incentive 
        fund'' and inserting ``$2,000,000, to remain available until 
        expended, shall be for a new incentive fund''.
    (b) The amendments made by subsection (a) shall take effect as if 
included in the enactment of the District of Columbia Appropriations 
Act, 2005.
    Sec. 127. (a) To account for an unanticipated growth of revenue 
collections, the amount appropriated as District of Columbia Funds 
pursuant to this Act may be increased--
            (1) by an aggregate amount of not more than 25 percent, 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 of Columbia on June 
        6, 2005; and
            (2) by an aggregate amount of not more than 6 percent, in 
        the case of any other amounts proposed to be allocated in such 
        Proposed Budget and Financial Plan.
    (b) The District of Columbia may obligate and expend any increase 
in the amount of funds authorized under this section only in accordance 
with the following conditions:
            (1) The Chief Financial Officer of the District of Columbia 
        shall certify--
                    (A) the increase in revenue; and
                    (B) that the use of the amounts is not anticipated 
                to have a negative impact on the long-term financial, 
                fiscal, or economic health of the District.
            (2) The amounts shall be obligated and expended in 
        accordance with laws enacted by the Council of the District of 
        Columbia in support of each such obligation and expenditure, 
        consistent with the requirements of this Act.
            (3) The amounts may not be used to fund any agencies of the 
        District government operating under court-ordered receivership.
            (4) The amounts may not be obligated or expended unless the 
        Mayor has notified the Committees on Appropriations of the 
        House of Representatives and Senate not fewer than 30 days in 
        advance of the obligation or expenditure.
    Sec. 128. Beginning in fiscal year 2006 and for each fiscal year 
thereafter, the Chief Financial Officer for the District of Columbia 
may, for the purpose of cash flow management, conduct short-term 
borrowing from the emergency reserve fund and from the contingency 
reserve fund established under section 450A of the District of Columbia 
Home Rule Act (Public Law 98-198): Provided, That the amount borrowed 
shall not exceed 50 percent of the total amount of funds contained in 
both the emergency and contingency reserve funds at the time of 
borrowing: Provided further, That the borrowing shall not deplete 
either fund by more than 50 percent: Provided further, That 100 percent 
of the funds borrowed shall be replenished within 9 months of the time 
of the borrowing or by the end of the fiscal year, whichever occurs 
earlier: Provided further, That in the event that short-term borrowing 
has been conducted and the emergency or the contingency funds are later 
depleted below 50 percent as a result of an emergency or contingency, 
an amount equal to the amount necessary to restore reserve levels to 50 
percent of the total amount of funds contained in both the emergency 
and contingency reserve fund must be replenished from the amount 
borrowed within 60 days.
    Sec. 129. (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. 130. 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. 131. Conveyance of Title For Educational Purposes.--Section 7 
of the District of Columbia Stadium Act of 1957 (Public Law 85-300, 71 
Stat. 619), as amended, is further amended by inserting after paragraph 
(d)(4) the following:
    ``(e)(1) Upon receipt of a written description from the District of 
Columbia of not more than 15 contiguous acres (hereinafter referred to 
as `the 15 acres'), with the longest side of the 15 acres abutting one 
of the roads bounding the property, within the area designated `D' on 
the revised map entitled `Map to Designate Transfer of Stadium and 
Lease of Parking Lots to the District' and bound by Oklahoma Avenue, 
NE, Benning Road, NE, the Metro line, and C Street, NE, and execution 
of a long-term lease that is contingent up the Secretary's conveyance 
of the 15 acres and for the purpose consistent with this paragraph, the 
Secretary shall convey the 15 acres described land to the District of 
Columbia for the purpose of siting, developing, and operating an 
educational institution for the public welfare, with first preference 
given to a pre-collegiate public boarding school.
    ``(2) Upon conveyance, the portion of the stadium lease that 
affects the15 acres on the property and all the conditions associated 
therewith shall terminate, and the 15 acres property shall be removed 
from the `Map to Designate Transfer of Stadium and Lease of Parking 
Lots to the District', and the long-term lease described in paragraph 
(1) shall take effect immediately.''.
    Sec. 132. Continuation of Certain Authorities of Chief Financial 
Officer. The authority that the Chief Financial Officer of the District 
of Columbia exercised with respect to personnel and the preparation of 
fiscal impact statements during a control period (as defined in Public 
Law 104-8) shall remain in effect until September 30, 2006.
    Sec. 133. Clarification of Certain Authorities of the Chief 
Financial Officer. The entire process used by the Chief Financial 
Officer to acquire any and all kinds of goods, works and services by 
any contractual means, including but not limited to purchase, lease or 
rental, shall be exempt from all of the provisions of the District of 
Columbia's Procurement Practices Act: Provided, That provisions made by 
this subsection shall take effect as if enacted in D.C. Law 11-259 and 
shall remain in effect until September 30, 2006.
    Sec. 134. The District of Columbia Code, Title 5, Chapter 7, 
Subchapter III, Section 5-745, is amended to add subsection (f) as 
follows:
    ``(f) This section shall not apply with respect to any annuitant 
retired from the United States Secret Service Division, other than an 
annuitant retired from the United States Secret Service Uniformed 
Division.''.
    Sec. 135. The District of Columbia Code, Title 5, Chapter 7, 
Subchapter III, is amended to add the following new section after 
Section 5-745:

``Sec. 5-745A. ANNUITY INCREASE FOR UNITED STATES SECRET SERVICE 
              DIVISION.

    ``(a) Each annuitant retired from the United States Secret Service 
Division, other than an annuitant retired from the United States Secret 
Service Uniformed Division, shall be entitled to receive an increase 
annually equal to the General Schedule overall average pay increase 
that is effective in accordance with title 5 of the United States Code, 
section 5303.
    ``(b) In the event that an annuity increase cannot be determined 
under subsection (a) because title 5 of the United States Code, section 
5303, is superseded or nullified, then each annuitant retired from the 
United States Secret Service Division, other than an annuitant retired 
from the United States Secret Service Uniformed Division, shall be 
entitled to receive an increase annually under the provisions of title 
5 of the District of Columbia Code, section 5-718 (c-1) and (c-2).''.
    Sec. 136. Section 4013 of the Uniform Per Student Funding Formula 
for Public Schools and Public Charter Schools Amendment Act of 2005, 
passed on first reading on May 10, 2005 (engrossed version of Bill 16-
200), is hereby enacted into law.
    Sec. 137. The Chief Financial Officer of the District is hereby 
authorized to transfer $5,000,000 from the 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''.
    This Act may be cited as the ``District of Columbia Appropriations 
Act, 2006''.
                                                       Calendar No. 170

109th CONGRESS

  1st Session

                                S. 1446

                          [Report No. 109-106]

_______________________________________________________________________

                                 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, 
                     2006, and for other purposes.

_______________________________________________________________________

                             July 21, 2005

                 Read twice and placed on the calendar