Congressional Record, Volume 150 Issue 101 (Tuesday, July 20, 2004)

[Congressional Record Volume 150, Number 101 (Tuesday, July 20, 2004)]
[House]
[Pages H6048-H6065]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

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DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 2005

The SPEAKER pro tempore (Mr. Sweeney). Pursuant to House Resolution
724 and rule XVIII, the Chair declares the House in the Committee of
the Whole House on the State of the Union for the consideration of the
bill, H.R. 4850.

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in the committee of the whole

Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration of the bill
(H.R. 4850) 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,
2005, and for other purposes, with Mr. Bass in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered as having
been read the first time.
Under the rule, the gentleman from New Jersey (Mr. Frelinghuysen) and
the gentleman from Pennsylvania (Mr. Fattah) each will control 30
minutes.
The Chair recognizes the gentleman from New Jersey (Mr.
Frelinghuysen).
Mr. FRELINGHUYSEN. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I am pleased to present the fiscal year 2005 District
of Columbia appropriations bill. This bill passed out of full committee
on July 14.
The bill before us totals $560 million in Federal funds and $8.2
billion in local funds. Within this total, the District expects to
receive approximately $1.9 billion in Federal grant funds.
The bill is the product of hard work by every member of the
Subcommittee on the District of Columbia. I personally want to thank
each of them for their input into the bill. I especially want to thank
my ranking member, the gentleman from Pennsylvania (Mr. Fattah), for
his advice, counsel, and support in the development of this bill. I
enjoyed working with him on behalf of the city of Washington.
The subcommittee held hearings and visited many local sites,
including the District of Columbia public schools and charter schools,
and police and fire department facilities, to name just a few. We
developed this bill with the input from members of the subcommittee,
other House Members, the Mayor and city council, and interested
citizens.
I believe that this bill continues Congress's commitment to our
Nation's Capital. As with every piece of legislation, there are many
deserving projects that could not be accommodated within our funding
allocation, but this is a balanced and equitable bill, a bill that
everyone can and should support.
I am pleased to note that the District of Columbia continues to make
significant progress in improving both its financial and program
management. This is the seventh balanced budget the District has
submitted to Congress for review; and, once again, the District
received a clean audit from the city's independent auditors. The city
also had a recent upgrading in its bond rating by Moody's Investors
Service to an A rating, and this is the first time the city has
received an A rating from all three of the major rating agencies. It
should be remembered that it was not long ago that the city's credit
rating was the lowest of the low. Mayor Williams and the city council
should be commended for their actions.
After detailed review of the budget, the bill continues the Federal
commitment began in 1997 for funding the District of Columbia courts as
well as the Defender Services and the Court Services and the Defender
Supervision Agency and the Public Defender Service. The bill also
provides $118.9 million for other high-priority District and
congressional programs projects.
Among these: $25.6 million for the recently authorized and very
successful resident tuition support program; $15 million for emergency
planning and security costs; $10 million for the District of Columbia
Water and Sewer Authority to continue the combined sewer overflow
project; $3 million for continued work on the Anacostia Waterfront
Initiative; as well as $7 million for the capital development in the
District to complete construction of a multiagency unified
communications center, which benefits police, fire, EMS, and other city
agencies; $6 million for a new public library learning center
initiative; and $5 million for foster care improvement.
At the city's request, the bill also changes the city's reserve
requirement from 7 to 6 percent. This change frees up additional
resources, provides the city with more flexibility in balancing its
budget, and does so without impacting the city's favorable bond rating.
As I noted earlier, the District has accomplished much, but still
more needs to be done. We are particularly troubled by some of the more
intractable problems facing the District that seem to revolve around
its children. If this bill has a theme, it is to continue to make sure
to help the children of the District of Columbia. To help address this
issue, this bill also includes $5 million for the recently established
foster care improvement program, additional money for family literacy,
and $6 million for the new library/learning center initiative subject
to a 1-to-1 match by the District.
Over the past year, we visited many of the city's schools, and I can
tell my colleagues from personal observation

[[Page H6049]]

there is a real need to improve student and teacher performance. In
these visits, I was struck by the very poor physical condition of some
of the District's schools and by the lack of resources available to
students, especially in their school libraries. This is a new
initiative, and it is designed to enhance and restore District of
Columbia elementary school libraries as fully functioning learning
centers and, in doing so, bring together local, Federal, and
potentially private resources. This initiative, when implemented, will
enhance our ability to provide critical educational resources the
city's children deserve in order to receive a quality education.
This bill also fully funds the school improvement program authorized
last year. This bill maintains the three-pronged commitment made last
year to both the District schools, the District of Columbia charter
schools, and $14 million for opportunity scholarships for students in
underachieving schools. This three-pronged approach is designed to
improve academic performance, while promoting school choice and more
potential parent involvement.
Mr. Chairman, this bill also retains the general provisions from last
year's bill, which are the same as the President's request.
Mr. Chairman, I believe it is important to move this bill through the
appropriations process as quickly as possible so as to allow the
District to spend its own funds to operate the programs and projects in
the bill at the beginning of the fiscal year in October.
Let me personally thank the gentlewoman from the District of Columbia
(Ms. Norton) for her comments earlier in the day during the debate on
the D.C. rule. She is an incredible leader of this city, and it has
been a pleasure to work with her. I do appreciate her cooperation by
not offering an amendment, because I know in her heart she continues to
be a principal advocate on behalf of the city, and I am grateful for
her support and her action in that regard.
To summarize, Mr. Chairman, the bill we have before us is a fiscally
responsible, balanced bill that deserves bipartisan support. It was not
done alone. The gentleman from Pennsylvania (Mr. Fattah) and I count on
some key people. I would like to thank them for helping to put this
bill together. The subcommittee led by our clerk, Joel Kaplan, Martha
Foley, and Clelia Alvarado for their professional work on the bill. I
also want to thank Nancy Fox from my staff and Michelle Anderson-Lee
from the gentleman from Pennsylvania's (Mr. Fattah) staff for their
hard work.
At this point I will include for the Record a table detailing the
various accounts included in the bill.

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Mr. Chairman, I reserve the balance of my time.
Mr. FATTAH. Mr. Chairman, I yield myself such time as I may consume.
(Mr. FATTAH asked and was given permission to revise and extend his
remarks.)
Mr. FATTAH. Mr. Chairman, I thank the chairman of the subcommittee,
who has done a yeoman's job in working and providing leadership to the
Congress on the critical issues facing the District. A great Nation
indeed requires us to have a capital that is responsive in both
substance and symbol to the Nation and to the world, and the chairman
has worked long and hard with his staff on this bill. I would accept
his comments as my own opening comments on the bill, because I think it
puts into perspective the approach that he has taken, which is that we
have worked in a bipartisan fashion; and I think we have a product that
is worthy of unanimous support here in the House as we move this bill
through the process.
I join with him again, although I will not name them all, in
complimenting the staff who have really done a great job. This would
not have been possible without the help and advice and counsel of the
delegate, the person elected by the residents here in the District to
represent their interests; and the gentlewoman from the District of
Columbia (Ms. Norton) has been invaluable to both the chairman and me
as we have worked through this process.
Mr. Chairman, I reserve the remainder of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I am pleased to yield 3 minutes to
the gentleman from Virginia (Mr. Tom Davis), the distinguished chairman
of the Committee on Government Reform.
(Mr. TOM DAVIS of Virginia asked and was given permission to revise
and extend his remarks.)
Mr. TOM DAVIS of Virginia. Mr. Chairman, I thank my friend for
yielding me this time.
Over the past decade, the District of Columbia, which previously had
faced a fiscal crisis of Shakespearean proportions, has embarked on an
impressive road to financial recovery. With the help of the now-dormant
Control Board and the 1997 Revitalization Act, the District has taken
care of its financial house. It has balanced its budget for 7
consecutive years without tricks or gimmicks, and it has a cash reserve
that is the envy of almost every municipality in the Nation.
The Federal assistance provided in our annual appropriation bills
promotes and advances the rebirth of our Nation's Capital.
This year's bill funds a wide range of programs that will enhance the
quality of life for D.C. residents and those who visit and work in the
Nation's Capital. The increase in funding for emergency planning and
security will help ensure that we are ready for the worst. I am pleased
to see that the Child and Family Services Agency will continue to
receive adequate funding to help protect the District's most vulnerable
residents and that the D.C. court will have additional funds to
continue its much-needed renovation project.
I am particularly pleased the D.C. College Access Program will
receive enhanced funding. The increase reflects the program's
indisputable positive impact on the District. The College Access
Program has been a key component of the District's revitalization
efforts, and I am heartened that the gentleman from New Jersey
(Chairman Frelinghuysen) agrees that Congress needs to continue its
partnership with the District in providing access to higher education,
resources, and opportunities.
Since the inception of this legislation, the number of high school
seniors in the District going on to college has increased by 28
percent. That is a remarkable achievement. The impact is undeniable.
The national average over the same period, while it was 28 percent in
the District of Columbia, was 5 percent nationally.
Finally, I want to thank the gentleman from New Jersey (Chairman
Frelinghuysen) for fully funding the D.C. School Choice initiative. The
bill before us maintains the careful balance that was struck last year.
Of the $40 million for education, there is $13 million for the
District's public schools for teacher training, recruitment, and
improving student achievement. These funds are in addition to the large
increases already guaranteed to D.C. public schools through Federal
programs. There is another $13 million for D.C. charter schools to
support and expand their capacity, and there is $13 million for the
School Choice Scholarship program, along with an additional $1 million
for administrative expenses.
The fact is, the District of Columbia is one of the most troubled
public school systems in the United States; and working with the local
government, working with the school system, working with the Mayor, we
are trying to reverse that.
Again, I want to thank the gentleman from New Jersey (Chairman
Frelinghuysen) for the time and the energy he and his staff have
devoted in reviewing the D.C. budget and bringing this bill to the
floor. I also thank the ranking member, the gentleman from Pennsylvania
(Mr. Fattah), for his work and, of course, my colleague, the
gentlewoman from the District of Columbia (Ms. Norton), for our
continued partnership.
Mr. FATTAH. Mr. Chairman, consuming whatever time I may, just to make
a few brief remarks before I yield to the delegate, the District
operates unlike any other city in our country, because it has the
responsibility to be the home of the Nation's Federal Government. There
are no problems that exist in the District that have been solved
elsewhere in the country. Whatever problems exist in this city exist
other places. But the District has, in a unique way, been able to
tackle its fiscal problems far better than any other city in the
country: a 7-year balanced budget, bond ratings that have been elevated
by all three of the rating agencies, and a cash reserve, I say to the
gentleman from Florida (Mr. Young), that any city would be the envy of.
The city's leaders, I would say, deserve all of the credit; that is,
the Mayor, the city council, and the civic leadership here have worked
so very hard.
The gentleman from Virginia (Mr. Tom Davis) and I and others, like
our chairman, have been involved in important ways, whether it is the
financial relief bill or the college access program, the chairman's
initiative on libraries that he has allowed me to join with him on; but
it is really his initiative to make sure that in our elementary schools
here in the District that there is real access to material that will
help inspire reading as a lifelong activity of the young people here.

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All of that is important, but the District has had to operate without
the benefit of a State government. It has had to operate with the
increased cost of being the home of the Nation's Capital, and again,
its own leadership has brought it to this moment when I think we can
have a bill come to the floor without controversy and move through,
because it is out of respect for their hard work.
Mr. Chairman, I yield 7 minutes to the gentlewoman from the District
of Columbia (Ms. Norton).
Ms. NORTON. Mr. Chairman, I thank the gentleman from Pennsylvania
(Mr. Fattah) for yielding me this time.
We are not going to tarry long this time, and that is itself an
extraordinary victory and feat of leadership. Members should know that
I have seen this. The smallest appropriation often take the longest
period of time to get through this House, much to the consternation of
Members.
I spoke during the Committee on Rules about the extraordinary
leadership of the gentleman from Florida (Chairman Young) and the
gentleman from Wisconsin (Mr. Obey), who have always been wonderful
captains of the ship, pressing to get this appropriation out,
understanding what a waste of time it would be for Members to involve
themselves deeply in this matter, often going to extraordinary lengths
to clear this bill. They have been just where they always were.
The gentleman from Virginia (Chairman Tom Davis) deserves a lot of
credit for his invaluable assistance to the Committee on Appropriations
and to me with this bill, and I have already given my thanks to the
Committee on Rules, who gave us the cleanest bill under the
circumstances.
But the real applause belongs to the gentleman from New Jersey
(Chairman Frelinghuysen) and the gentleman from Pennsylvania (Mr.
Fattah). I can

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say to both of them that I do not believe we have gotten this bill
through in as short a period of time since I have been in Congress.
This is my seventh term.
I want to thank them for the exceptionally smooth and efficient way
they have handled the D.C. appropriation now for 2 years. It has
affected the operations of the District of Columbia, not only the
efficiency of this House.
I want to thank them for their regard for self-government in the
District of Columbia. I want to thank them for their respect for the
efficiency of the House of Representatives itself and the processes.
There are very few Members that care beans about this. That is no
insult to you, Members. I don't care beans about your districts either.
That is your job.
And finally, I want to thank both the chairman and the ranking member
for their keen understanding of the need to move the bill to get the
city's own money to the bill, and that has been what has been most
important about the way in which they have handled this bill. We cannot
spend a red cent of our own money until the House says so, and almost
all of this bill consists of our own money.
The District has always deserved self-respect for running its own
affairs. That is the way we believe in this country, but I must say,
Mr. Chairman, that the city today, and most of the Members of the House
agree, has really earned congressional respect. I think a real tribute
is due to Mayor Tony Williams, Chair of the Council Linda Cropp and the
entire D.C. Council for the way they have improved the city, I mean in
every important way, from the city operations, the day-to-day
operations, to its bond rating.
They have taken this city from fiscal crisis, now to more than a
balanced budget, to a better financial position than our far-richer
surrounding States, not because they have managed to raise significant
revenue, but because of the very conservative prudence with which they
have run the D.C. government.
I mean, they still have a structural deficit, which means that we
have high taxes and high debt because of the structural relationship
with the Federal Government, and I appreciate that this entire region
and the gentleman from Pennsylvania (Mr. Fattah) have gone on to a bill
to help us correct the structural deficit.
So to be prudent, even though you are carrying a federally imposed
structural deficit is to deserve high praise. In Virginia, they have
just gone through a terribly long period, and they finally had to raise
taxes in order to assure their financial standing and keep their bond
rating. Maryland, they are still struggling with gambling, something we
are not going to have in the District of Columbia in order to pull it
out of crisis.
The D.C. economy is run so well that people are moving in, not moving
out. The city has become so attractive, that you cannot find a scrap of
land on which to build any longer. We are building all through the
inner city, the poorest wards of the city, because of the way in which
the city is now being run.
Finally, to let me give you a sense of the District's financial
prudence, I appreciate that the committee is going to allow the
District to save for its emergency and contingency fund not 7 percent
of it budget but 6 percent. Now, that is interesting, because going
down from 7 percent to 6 percent is not going to affect its bond
rating, because it is still the strictest conditions for an emergency
and contingency fund in the United States, or pretty close to it.
The District is going to have 2 years instead of 1 year to repay any
funds it happens to withdraw, does not withdraw from this bond, 2 years
instead of 1 year to repay the fund, and that still makes these
conditions among the strictest in the country. Forty-five States with
similar emergency contingency funds have no replenishment requirement;
and yet, the District must pay it back if it uses it within 2 years.
And among the six States which do require you to replenish any money
you take out of the contingency fund, no State requires you to pay back
as readily as our fund does.
But, Mr. Chairman, perhaps what I am most proud of is that the
District has the highest rating. You have alluded to that in its
history, an A rating. This is a city that 8 years ago was in virtual
bankruptcy, and I would like to read what Moody's, one of the three
investment houses that has given the District an A rating, has said.
``The upgrade reflects the sustained improvement in the District's
economy and property tax base, as well as the District's multiyear
record of improved financial management, controls and results. In
addition, the District's elected leadership has demonstrated a
commitment to maintaining this balance,'' that enviable language from
investment houses.
The District has done this with the assistance of Congress. It has
done it with the structural deficit. It is not because it struck it
rich. It is because of conservative budgeting and financial management.
We have taken the lead as a city, but we have done it with a
partnership, with a Congress, that is now paying off.
I am proud to represent the city. I believe that the city has made us
proud of our Capital, and I am particularly grateful to the Chair and
to the ranking member for their contribution to what the District has
achieved.
Mr. FRELINGHUYSEN. Mr. Chairman, I yield 3 minutes to the gentleman
from California (Mr. Cunningham), a distinguished member of the
committee, who is vice chairman of the committee and has served on the
committee for 10 years.
Mr. CUNNINGHAM. Mr. Chairman, I thank the gentleman for yielding me
this time, and I would like to thank the ranking member, the
gentlewoman from the District of Columbia (Ms. Norton) and the
chairman. And sometimes my colleagues may think this is a free vote to
vote ``no'' on. After all, it is the D.C. bill.
A lot of times, if you ask Members of Congress to serve on the
Committee on Appropriations, Subcommittee on the District of Columbia,
you have to pull them out from under the bed. They will not do it. But
I want to tell you, if you want a rewarding job, take something like
D.C. that had so many problems. I mean, instead of a sterling city like
San Diego that does not need much upgrade, if you take D.C., that is
where you can make the most and have the most benefit, and I think we
have done that, a lot of it.
A very controversial name with the Democrats is Newt Gingrich, but
Newt Gingrich set a path to upgrade this city's Capital and to move it
forward for the first time in decades, and I would like to remind my
people that if you are thinking about voting ``no,'' think where we
have come on this bill.
I have seen this bill take 3 or 4 hours on the House floor. We passed
it in about four minutes. Does it mean everything we agreed on? No. But
we came together as Republican and Democrat Representatives, and we
have done a lot.
I remember when the schools could not open because the fire
department had to control the schools. They were unsafe. They would not
open. And that has been fixed by the folks mentioned.
Summer school, we did not have a summer school, and we opened it up
for the first time. We had 12,000 children volunteer for summer school,
not because they had to, because they wanted to learn. That is why this
opportunity scholarship program, I think, is important; and also the
program of the gentleman from Virginia (Mr. Tom Davis) and the chairman
and ranking member put forward on college scholarships and college
access.
I happen to believe as a conservative that there should be no child
that qualifies for college that should not have that opportunity,
because it is either pay-me-now or pay-me-a-lot-later by not giving
education. And those are going to be the people that are the rich that
we give tax breaks to from the other side, I think, some day because
they have got a college education.
But I look at the waterfront and the Anacostia River. One of the
things that is a challenge to this committee and to this body, every
time it rains in Washington, D.C., the Anacostia River is flooded from
the sewage system at Washington, D.C. It has the highest fecal count of
any river almost in the world. The pollutants are terrible. Fish die
because the bacteria is so high, it eats all the oxygen. The waterfront
has been fixed. They used to give 1-year leases, and who is going to
invest in a waterfront.
This waterfront is going to be like San Diego or San Francisco. It is
going

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to be revenue-producing for the city instead of drawing money. It is
already starting to do that, and that is because of this committee and
Mayor Williams.
I especially want to give attention to Mayor Williams and the job he
has done.
Mr. SHAYS. Mr. Chairman, I rise today in support of H.R. 4850, the
D.C. Appropriations Bill.
I am particularly pleased the legislation included $14 million for
school vouchers because I believe too many children in our Nation's
Capital are not getting the education they need and deserve.
The D.C. School Choice Incentive Act provides scholarships of up to
$7,500 to students in D.C. schools identified for improvement,
corrective action, or restructuring. It targets resources to students
and families lacking the financial resources to take advantage of
available educational options.
The scholarships cover costs of tuition, fees, and transportation
expenses.
There is little doubt that D.C. public schools are in serious crisis,
but it is not a crisis caused by a lack of resources. In fact, D.C.
public schools spend more per pupil than surrounding school districts
in Virginia and Maryland.
Clearly, alternatives to increased funding should be tested.
I oppose directly spending Federal tax dollars on private schools.
But just as I support providing Pell grants to college students for use
at the university of their choice, public or private, including
religious schools, I also support school choice programs that provide
parents with similar choices for their elementary and secondary school
children.
Opponents of school choice argue such a proposal could drain public
schools of money and students. These scholarships are assistance to the
students, not the schools. And because all funding for the scholarship
program comes from new funds, no public, private or charter school will
be drained of its funding. They will just have fewer students to
educate.
By promoting a competitive model, all schools are forced to improve
academically, provide better quality services, and create an
administrative structure that operates efficiently.
For these reasons I support this legislation, and I urge my
colleagues to do so as well.
Mr. NUSSLE. Mr. Chairman, I rise today to speak on H.R. 4850, the
District of Columbia Appropriations Act for Fiscal Year 2005.
Under authority granted in Article I of the United States
Constitution (section 8, clause 17), this bill appropriates Federal
payments to the District to fund certain activities, and also approves
the District of Columbia's entire budget, including the expenditure of
local funds ($8.2 billion in local funds for fiscal year 2005).
Although a vast majority of the funds discussed in this bill are local
funds originating from the District of Columbia, I speak today only
about the $560 million in Federal funds appropriated in this bill.
This is the ninth bill we are considering pursuant to the 302(b)
allocation adopted by the Appropriations Committee on June 9. I am
pleased to report that it is consistent with the levels established the
conference report to S. Con. Res. 95, the concurrent resolution on the
budget for fiscal year 2005, which the House adopted as its fiscal
blueprint on May 19.
H.R. 4850 provides $560 million in new discretionary BA, which is
equal to the 302(b) allocation to the Subcommittee on the District of
Columbia; outlays are 416 million below the allocation. The bill
contains no emergency-designated new budget authority, nor does it
include rescissions of previously enacted appropriations.
Accordingly, the bill complies with section 302(f) of the Budget Act,
which prohibits consideration of bills in excess of an appropriations
subcommittee's 302(b) allocation of budget authority and outlays
established in the budget resolution.
Nonetheless, because House-passed appropriations bills to date have
exceeded their allocations by a total of $114 million, it is possible
that conference agreements on appropriations bills will cause a breach
in the BA ceiling unless corrective action is taken by the
Appropriations Committee.
With that reservation, I express my support for H.R. 4850.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I rise in support of the base
bill considered today, the District of Columbia Appropriations Act for
Fiscal Year 2005. I thank Chairman Frelinghuysen and Ranking Member
Fattah for their hard work in crafting this legislation. Furthermore, I
congratulate my colleague on the House Select Committee on Homeland
Security from the District of Columbia herself, Mr. Norton on the
achievements that she has made through this bill in the areas of public
education, public works, and in the HIV/AIDS initiative.
With the work of Ranking Member Fattah and Ms. Norton, an amendment
was offered to use four million unused dollars from last year's
vouchers bill for the District's public schools but was withdrawn
without a vote. Nevertheless, the base bill will give $14 million to
fund private school vouchers.
Other educational initiatives funded in this bill include $13 million
for public schools; $13 million for charter schools; and a 50 percent
increase in funding for Ms. Norton's D.C. College Access Act, H.R.
4012--one of her major priorities. The $8 million increase allocated
for tuition assistance, $25.6 million up from $17 million in 2004 not
only will help the city retain taxpayers but will also continue the
strength of the college Access Act in expanding college education. H.R.
4012 would reauthorize the tuition grant program for five years.
Already, over 6,500 students have benefited form the grant program,
which allows District residents to attend any public college or
university in the country at lower in-state tuition rates. Furthermore,
this program provides $2,500 annually for students to attend private
colleges and universities in the region or private Historically Black
Colleges and Universities throughout the country.
At this time, I also commend Ms. Norton on introducing H.R. 4269, the
District of Columbia Fair Federal Compensation Act of 2004. The bill
outlines the unique situation of the District of Columbia as a federal
city. It proposes an annual federal payment of $800 million with
provisions to adjust the amount in the future. The $800 million would
be made available to address important structural needs of the city,
which the District Government cannot fully fund from its current
budget: transportation and street maintenance, information technology
and DCPS capital improvements. These items are essential to the running
of the city.
In addition, this bill will include other funding that my colleague,
Congresswoman Eleanor Holmes Norton, has been working diligently on,
including $3 million for the Anacostia Waterfront Initiative and $10
million to continue the Combined Sewer Overflow Long Term Plan. This
plan will update and repair the District of Columbia's antiquated sewer
system. By acting on this now, we avoid any catastrophic costs that
would occur if we wait for further damage or contamination to the
District's drinking water supply system. This initiative is of
particular interest to elderly residents who live in older or sub-
standard homes.
I join my colleague from the District in expressing disappointment in
the continued placement of riders on the budget to ban the needle
exchange program. We should not condition funding on the ceased
participation in a program that aims to reduce the spread of HIV/AIDS
and save lives.
Mr. Chairman, again, I support the base bill for the benefits that it
will bring to our Nation's capital; however, I share disappointment in
the prohibition on the needle exchange program contained in its
provisions.
Mr. FATTAH. Mr. Chairman, I have no further requests for time, and I
yield back the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I have no further requests for time,
and I yield back the balance of my time.
The CHAIRMAN. All time for general debate has expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule.
During consideration of the bill for amendment, the Chair may accord
priority in recognition to a Member offering an amendment that he has
printed in the designated place in the Congressional Record. Those
amendments will be considered read.
The Clerk will read.
The Clerk read as follows:

H.R. 4850

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, 2005, 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, $25,600,000, 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

[[Page H6056]]

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 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 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, $202,110,000, to be allocated as follows: for the
District of Columbia Court of Appeals, $8,952,000, of which
not to exceed $1,500 is for official reception and
representation expenses; for the District of Columbia
Superior Court, $84,948,000, of which not to exceed $1,500 is
for official reception and representation expenses; for the
District of Columbia Court System, $40,699,000, of which not
to exceed $1,500 is for official reception and representation
expenses; and $67,511,000, to remain available until
September 30, 2006, 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), $41,500,000, 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 $67,511,000 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 shall use funds
provided in this Act under the heading ``Federal Payment to
the District of Columbia Courts'' (other than the $67,511,000
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, $183,490,000, 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
$115,343,000 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 $39,314,000 shall be available to
the Pretrial Services Agency; and of which $28,833,000 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 the Public
Defender Service is authorized to charge fees to cover costs
of materials distributed 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, $10,000,000, 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, 2006, 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 support initiatives related to the
coordination of Federal and local criminal justice resources
in the District of Columbia.

Federal Payment for Capital Development in the District of Columbia

For a Federal payment to the District of Columbia for
capital development, $7,000,000, to remain available until
expended, for the Unified Communications Center.

[[Page H6057]]

Federal Payment for Public School Libraries

For a Federal payment to the District of Columbia Public
Schools, $6,000,000, to remain available until expended, for
a public school library enhancement program: Provided, That
the District of Columbia Public Schools provides a 100
percent match for this payment: Provided further, That the
Federal portion is for the acquisition of library resources:
Provided further, That the matching portion is for any
necessary facilities upgrades.

Federal Payment for the Family Literacy Program

For a Federal payment to the District of Columbia,
$1,000,000, for a Family Literacy Program to address the
needs of literacy-challenged parents while endowing their
children with an appreciation for literacy and strengthening
familial ties: Provided, That the District of Columbia shall
provide a 100 percent match with local funds as a condition
of receiving this payment.

Federal Payment for Foster Care Improvements in the District of
Columbia

For the Federal payment to the District of Columbia for
foster care improvements, $5,000,000: Provided, That
$3,000,000 shall be for the Child and Family Services Agency,
of which $2,000,000 shall be to continue an early
intervention program to provide intensive and immediate
services for foster children; of which $1,000,000 shall be
for the emergency support fund to purchase items necessary to
allow children to remain in the care of an approved and
licensed family member: Provided further, That $1,500,000
shall be for the Department of Mental Health to provide all
court-ordered or agency-required mental health screenings,
assessments and treatments for children under the supervision
of the Child and Family Services Agency: Provided further,
That $500,000 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 and recruitment of foster parents:
Provided further, That these Federal funds shall supplement
and not supplant local funds.

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, $19,000,000: 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 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, 2005.

Federal Payment for School Improvement

For 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 charter schools in the District
of Columbia; 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 for the opportunity scholarship program:
Provided, That the District of Columbia Public Schools 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,
the Committee on Education and the Workforce and the
Committee on Government Reform of the House of
Representatives, the Committee on Health, Education, Labor,
and Pensions of the Senate: 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 District of Columbia
Public Schools to the Committees on Appropriations of the
House of Representatives and Senate.

TITLE II--DISTRICT OF COLUMBIA FUNDS

OPERATING EXPENSES

Division of Expenses

The following amounts are appropriated for the District of
Columbia for the current fiscal year out of the general fund
of the District of Columbia, except as otherwise specifically
provided: Provided, That notwithstanding any other provision
of law, except as provided in section 450A of the District of
Columbia Home Rule Act (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 2005 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 $6,199,114,000 (of which
$4,165,485,000 shall be from local funds, $1,687,554,000
shall be from Federal grant funds, $332,761,000 shall be from
other funds, and $13,314,000 shall be from private funds), in
addition, $98,900,000 from funds previously appropriated in
this Act as Federal payments: 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 2005, 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, $416,069,000 (including
$261,068,000 from local funds, $100,256,000 from Federal
grant funds, and $54,745,000 from other funds), in addition,
$19,000,000 from funds previously appropriated in this Act
under the heading ``Federal Payment to the Chief Financial
Officer of the District of Columbia'', and $500,000 from
funds previously appropriated in this Act under the heading
``Federal Payment for Foster Care Improvements in the
District of Columbia'' shall be available to the Metropolitan
Washington Council of Governments: Provided, That not to
exceed $9,300 for the Mayor, $9,300 for the Chairman of the
Council of the District of Columbia, $9,300 for the City
Administrator, and $9,300 for the Office of the Chief
Financial Officer shall be available from this appropriation
for official reception and representation expenses: 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.

Economic Development and Regulation

Economic development and regulation, $334,745,000
(including $55,764,000 from local funds, $93,050,000 from
Federal grant funds, $185,806,000 from other funds, and
$125,000 from private funds), of which $13,000,000 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: Provided further, That
local funds in the amount of $1,200,000 shall be appropriated
for the Excel Institute.

Public Safety and Justice

Public safety and justice, $797,423,000 (including
$760,849,000 from local funds, $6,599,000 from Federal grant
funds, $29,966,000 from other funds, and $9,000 from private
funds), in addition, $1,300,000 from funds previously
appropriated in this Act under the heading ``Federal Payment
to the Criminal Justice Coordinating Council'': 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, $1,223,424,000
(including $1,058,709,000 from local funds, $151,978,000 from
Federal grant funds, $8,957,000 from other funds, $3,780,000
from private funds) in addition,

[[Page H6058]]

$25,600,000 from funds previously appropriated in this Act
under the heading ``Federal Payment for Resident Tuition
Support'', $6,000,000 from funds previously appropriated in
this Act under the heading ``Federal Payment for Public
School Libaries'', 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.--$888,944,000
(including $760,494,000 from local funds, $117,450,000 from
Federal grant funds, $7,330,000 from other funds, $3,670,000
from private funds), in addition, $6,000,000 from funds
previously appropriated in this Act under the heading
``Federal Payment for Public School Libraries'' shall be
available for District of Columbia Public Schools and
$13,000,000 from funds previously appropriated in this Act
under the heading ``Federal Payment for School Improvement in
the District of Columbia'' shall be available for 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 2005 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, 2005, an amount equal
to 10 percent of the total amount of the local funds
appropriations request provided for the District of Columbia
Public Schools in the proposed budget of the District of
Columbia for fiscal year 2006 (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,
2006: Provided further, That not to exceed $9,300 for the
Superintendent of Schools shall be available from this
appropriation for official reception and representation
expenses.
(2) Teachers' retirement fund.--$9,200,000 from local funds
shall be available for the Teacher's Retirement Fund.
(3) State education office.--$43,104,000 (including
$10,015,000 from local funds, $32,913,000 from Federal grant
funds, and $176,000 from other funds), in addition,
$25,600,000 from funds previously appropriated in this Act
under the heading ``Federal Payment for Resident Tuition
Support'' shall be available for the State Education Office
and $13,000,000 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, 2006 for an audit
of the student enrollment of each District of Columbia Public
School and of each District of Columbia public charter
school.
(4) District of columbia public charter schools.--
$196,802,000 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 schools
currently in operation through the per pupil funding formula,
the funds shall remain available for public education in
accordance with section 2403(b)(2) of the District of
Columbia School Reform Act of 1995 (D.C. Official Code, sec.
38-1804.03(b)(2)): Provided further, That of the amounts made
available to District of Columbia public charter schools,
$100,000 shall be made available to the Office of the Chief
Financial Officer as authorized by section 2403(b)(5) of the
District of Columbia School Reform Act of 1995 (D.C. Official
Code, sec. 38-1804.03(b)(5)): 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, 2005, an amount equal to 25 percent of the
total amount of the local funds appropriations request
provided for payments to public charter schools in the
proposed budget of the District of Columbia for fiscal year
2006 (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, 2006.
(5) University of the district of columbia subsidy.--
$49,602,000 from local funds shall be available for the
University of the District of Columbia subsidy: 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, 2005, 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, 2005, an amount equal to 10 percent of
the total amount of the local funds appropriations request
provided for the University of the District of Columbia in
the proposed budget of the District of Columbia for fiscal
year 2006 (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, 2006: Provided
further, That not to exceed $9,300 for the President of the
University of the District of Columbia shall be available
from this appropriation for official reception and
representation expenses.
(6) District of columbia public libraries.--$30,831,000
(including $28,978,000 from local funds, $1,093,000 from
Federal grant funds, $651,000 from other funds, and $110,000
from private funds) shall be available for the District of
Columbia Public Libraries: Provided, That not to exceed
$7,500 for the Public Librarian shall be available from this
appropriation for official reception and representation
expenses.
(7) Commission on the arts and humanities.--$4,941,000
(including $3,618,000 from local funds, $523,000 from Federal
grant funds, and $800,000 from other funds) shall be
available for the Commission on the Arts and Humanities.

Human Support Services

(including transfer of funds)

Human support services, $2,533,825,000 (including
$1,165,314,000 from local funds, $1,331,670,000 from Federal
grant funds, $27,441,000 from other funds, $9,400,000 from
private funds), in addition, $4,500,000 from funds previously
appropriated in this Act under the heading ``Federal Payment
to Foster Care Improvements in the District of Columbia'':
Provided, That $29,600,000 of this appropriation, to remain
available until expended, shall be available solely for
District of Columbia employees' disability compensation:
Provided further, That no less than $8,498,720, 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, effective July 8, 2000
(D.C. Law 13-146; D.C. Official Code, sec. 7-3004), to be
used exclusively for the purpose of the Choice in Drug
Treatment 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), of which $7,500,000 shall be
provided from local funds: Provided further, That none of the
$8,498,720 for the Choice in Drug Treatment program shall be
used by the Department of Health's Addiction Prevention and
Recovery Administration to provide youth residential
treatment services or youth outpatient treatment services:
Provided further, That no less than $2,000,000 shall be
available to the Department of Health's Addiction Prevention
and Recovery Administration exclusively for the purpose of
providing youth residential treatment services: Provided
further, That no less than $1,575,416 shall be available to
the Department of Health's Addiction Prevention and Recovery
Administration exclusively for the purpose of providing youth
outpatient treatment services, of which $750,000 shall be
made available exclusively to provide intensive outpatient
treatment slots, outpatient treatment slots, and other
program costs for youth in the care of the Youth Services
Administration: Provided further, That no less than
$1,400,000 shall be used by the Department of Health's
Addiction Prevention and Recovery Administration to fund a
Child and Family Services Agency pilot project entitled
Family Treatment Court: Provided further, That $1,200,000 of
local funds, to remain available until expended, shall be
deposited in the Adoption Voucher Fund, established pursuant
to section 3805(a) of the Adoption Voucher Fund Act of 2000,
effective October 19, 2000 (D.C. Law 13-172; D.C. Official
Code, sec. 4-344(a)), to be used exclusively for the purposes
set forth in section 3805(b) of the Adoption Voucher Fund Act
(D.C. Official Code, sec. 4-344(b)): Provided further, That
no less than $300,000 shall be used by the Department of
Health's Environmental Health Administration to operate the
Total Maximum Daily Load program: Provided further, That no
less than $1,268,500 shall be used by the Department of
Health's Environmental Health Administration to operate its
air quality programs, of which no less than $242,000 shall be
used to fund 4 full-time air quality employees: Provided
further, That the Department of Human Services, Youth
Services Administration shall not expend any appropriated
fiscal year 2005 funds until the Mayor has submitted to the
Council by September 30, 2004, a plan, including time lines,
to close the Oak Hill Youth Center at the earliest feasible
date. All of the above proviso amounts in this heading relate
back to and are a subset of the first-referenced
appropriation amount of $2,533,825,000.

Public Works

Public works, including rental of one passenger-carrying
vehicle for use by the Mayor

[[Page H6059]]

and three passenger-carrying vehicles for use by the Council
of the District of Columbia and leasing of passenger-carrying
vehicles, $331,936,000 (including $312,035,000 from local
funds, $4,000,000 from Federal grant funds, and $15,901,000
from other funds): Provided, That this appropriation shall
not be available for collecting ashes or miscellaneous refuse
from hotels and places of business.

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 (D.C.
Official Code, sec. 47-392.02(j)(2)), $50,000,000 from local
funds.

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), $347,700,000 from local funds.

Payment of Interest on Short-Term Borrowing

For payment of interest on short-term borrowing, $4,000,000
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, $11,252,000 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, $20,270,000 from local funds: 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,
$3,633,000 from local funds.

Workforce Investments

For workforce investments, $38,114,000 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: Provided, That of this
amount $3,548,000 shall remain available until expended to
meet the requirements of the Compensation Agreement Between
the District of Columbia Government Units 1 and 2 Approval
Resolution of 2004, effective February 17, 2004 (Res. 15-459;
51 DCR 2325).

Non-Departmental Agency

To account for anticipated costs that cannot be allocated
to specific agencies during the development of the proposed
budget, $13,946,000 (including $4,000,000 from local funds
and $9,946,000 from other funds) to be transferred by the
Mayor of the District of Columbia within the various
appropriations headings in this Act: Provided, That
$4,000,000 from local funds shall be for anticipated costs
associated with the No Child Left Behind Act.

Emergency Planning and Security Fund

For Emergency Planning and Security Fund, $15,000,000 from
funds previously appropriated in this Act under the heading
``Federal Payment for Emergency Planning and Security Costs
in the District of Columbia''.

Tax Increment Financing Program

For a Tax Increment Financing Program, such amounts as are
necessary to meet the Tax Increment Financing requirements,
not to exceed $9,710,000 from the District's general fund
balance.

Equipment Lease Operating

For Equipment Lease Operating $23,109,000 from local funds:
Provided, That for equipment leases, the Mayor may finance
$19,453,000 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.

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 (Public Law 98-198, as amended; D.C. Official Code, sec.
1-204.50a), such additional amounts from the District's
general fund balance as are necessary to meet the balance
requirements for such funds under section 450A.

Family Literacy

From funds previously appropriated in this Act under the
heading ``Federal Payment for the Family Literacy Program'',
$1,000,000.

Pay-As-You-Go Capital

For Pay-As-You-Go Capital funds in lieu of capital
financing, $6,531,000 from local funds, to be transferred to
the Capital Fund.

Pay-As-You-Go Contingency

For Pay-As-You-Go Contingency Fund, $43,137,000, subject to
the Criteria for Spending Pay-As-You-Go Funding Act of 2004,
approved by the Council of the District of Columbia on 1st
reading, May 14, 2004 (Title I of Bill 15-768), there are
authorized to be transferred from the contingency fund to
certain other headings of this Act as necessary to carry out
the purposes of this Act. Expenditures from the Pay-As-You-Go
Contingency Fund shall be subject to the approval of the
Council by resolution.

Revised Revenue Estimate Contingency Priority

If the Chief Financial Officer for the District of Columbia
certifies through a revised revenue estimate that funds are
available from local funds, such available funds shall be
expended as provided in the Contingency for Recordation and
Transfer Tax Reduction and the Office of Property Management
and Library Expenditures Act of 2004, approved by the Council
of the District of Columbia on 1st reading, May 14, 2004
(Bill 15-768), including up to $2,000,000 to the Office of
Property Management, and up to $1,200,000 to the District of
Columbia Public Library.

ENTERPRISE AND OTHER FUNDS

Water and Sewer Authority

For operation of the Water and Sewer Authority,
$275,289,000 from other funds, of which $15,180,402 shall be
apportioned for repayment of loans and interest incurred for
capital improvement projects and payable to the District's
debt service fund. For construction projects, $371,040,000,
to be distributed as follows: $181,656,000 for the Blue
Plains Wastewater Treatment Plant, $43,800,000 for the sewer
program, $9,118,000 for the stormwater program, $122,627,000
for the water program, and $13,839,000 for the capital
equipment program; in addition, $10,000,000 from funds
previously appropriated in this Act under the heading
``Federal Payment to the District of Columbia Water and Sewer
Authority'': Provided, That the requirements and restrictions
that are applicable to general fund capital improvement
projects and set forth in this Act under the Capital Outlay
appropriation account shall apply to projects approved under
this appropriation account.

Washington Aqueduct

For operation of the Washington Aqueduct, $47,972,000 from
other funds.

Stormwater Permit Compliance Enterprise Fund

For operation of the Stormwater Permit Compliance
Enterprise Fund, $3,792,000 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.), $247,000,000 from other funds: 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:
Provided further, That the Lottery and Charitable Games
Enterprise Fund is hereby authorized to make transfers to the
general fund of the District of Columbia, in excess of this
appropriation, if such funds are available for transfer.

Sports and Entertainment Commission

For the Sports and Entertainment Commission, $7,322,000
from other funds: Provided, That the paragraph under the
heading ``Sports and Entertainment Commission'' in Public Law
108-199 (118 Stat. 125) is amended by striking the term
``local funds'' and inserting the term ``other funds'' in its
place.

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), $15,277,000 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,
$77,176,000 from other funds.

National Capital Revitalization Corporation

For the National Capital Revitalization Corporation,
$7,850,000 from other funds.

University of the District of Columbia

For the University of the District of Columbia, $85,102,000
(including, $49,603,000 from local funds previously
appropriated in this Act under the heading ``Public Education
Systems'', $15,192,000 from Federal funds, $19,434,000 from
other funds, and $873,000 from private funds): 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, 2005, 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

[[Page H6060]]

public institutions of higher education in the metropolitan
area.

Unemployment Insurance Trust Fund

For the Unemployment Insurance Trust Fund, $180,000,000
from other funds.

Other Post Employee Benefits Trust Fund

For the Other Post Employee Benefits Trust Fund, $953,000
from other funds.

DC Public Library Trust Fund

For the DC Public Library Trust Fund, $17,000 from other
funds: Provided, That $7,000 shall be for the Theodore W.
Noyes Trust Fund: Provided further, That $10,000 shall be for
the Peabody Trust Fund.

Capital Outlay

(including rescissions)

For construction projects, an increase of $1,087,649,000,
of which $839,898,000 shall be from local funds, $38,542,000
from Highway Trust funds, $37,000,000 from the Rights-of-way
funds, $172,209,000 from Federal grant funds, and a
rescission of $361,763,000 from local funds appropriated
under this heading in prior fiscal years, for a net amount of
$725,886,000, to remain available until expended; in
addition, $7,000,000 from funds previously appropriated in
this Act under the heading ``Federal Payment for Capital
Development in the District of Columbia'' and $3,000,000 from
funds previously appropriated in this Act under the heading
``Federal Payment 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: Provided further, That the Office of the Chief
Technology Officer of the District of Columbia shall
implement the following information technology projects on
behalf of the District of Columbia Public Schools: Student
Information System (project number T2240), Student
Information System PCS (project number T2241), Enterprise
Resource Planning (project number T2242), E-Rate (project
number T2243), and SETS Expansion PCS (project number T2244).

TITLE III--GENERAL PROVISIONS

Sec. 101. Whenever in this Act, an amount is specified
within an appropriation for a 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. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly provided herein.
Sec. 105. (a) Except as provided in subsection (b), no part
of this appropriation shall 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.
(b) The District of Columbia may use local funds provided
in this Act to carry out lobbying activities on any matter
other than--
(1) the promotion or support of any boycott; or
(2) statehood for the District of Columbia or voting
representation in Congress for the District of Columbia.
(c) Nothing in this section may be construed to prohibit
any elected official from advocating with respect to any of
the issues referred to in subsection (b).
Sec. 106. (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 2005, 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 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 $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 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 $1,000,000 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 2005, 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 2005 revenue
estimates as of the end of such quarter. These estimates
shall be used in the budget request for fiscal year 2006. 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 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. 113. 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. 114. (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
accepted, 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 acceptance,
obligation, and expenditure of such grant.
(2) For purposes of paragraph (1)(B), the Council shall be
deemed to have reviewed and approved the acceptance,
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
acceptance, 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,

[[Page H6061]]

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 Act, 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. 115. (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, 2005, an inventory, as of September
30, 2004, 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. 116. 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 2005 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. 117. (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. 118. (a) None of the 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. 119. 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. 120. (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. 121. 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. 122. 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. 123. (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 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.
(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. 124. 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. 125. 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. 126. 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 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)). 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 Act (D.C.
Official Code, sec. 50-2201.05(b)(3)).
Sec. 127. 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, 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. 128. 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

[[Page H6062]]

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. 129. The amount appropriated by this Act may be
increased by no more than $15,000,000 from funds identified
in the comprehensive annual financial report as the
District's fiscal year 2004 unexpended general fund surplus.
The District may obligate and expend these amounts only in
accordance with the following conditions:
(1) The Chief Financial Officer of the District of Columbia
shall certify that the use of any such amounts is not
anticipated to have a negative impact on the District's long-
term financial, fiscal, and economic vitality.
(2) The District of Columbia may only use these funds for
the following expenditures:
(A) Unanticipated one-time expenditures.
(B) Expenditures to avoid deficit spending.
(C) Debt Reduction.
(D) Unanticipated program needs.
(E) Expenditures to avoid revenue 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 be obligated and expended only if
approved by the Committees on Appropriations of the House of
Representatives and Senate in advance of any obligation or
expenditure.
Sec. 130. (a) Section 450A(a) of the District of Columbia
Home Rule Act (D.C. Official Code, sec. 1-204.50a(a)) is
amended as follows:
(1) Paragraph (1) is amended to read as follows:
``(1) In general.--There is established an emergency cash
reserve fund (``emergency reserve fund'') as an interest-
bearing account (separate from other accounts in the General
Fund) into which the Mayor shall make a deposit in cash each
fiscal year of such an amount as may be required to maintain
a balance in the fund of at least 2 percent of the operating
expenditures as defined in paragraph (2) of this subsection
or such amount as may be required for deposit in a fiscal
year in which the District is replenishing the emergency
reserve fund pursuant to subsection (a)(7).''.
(2) Paragraph (2) is amended to read as follows:
``(2) Operating expenses.--For the purpose of this
subsection, operating expenditures is defined as the amount
reported in the District of Columbia's Comprehensive Annual
Financial Repsort for the fiscal year immediately preceding
the current fiscal year as the actual operating expenditure
from local funds, less such amounts that are attributed to
debt service payments for which a separate reserve fund is
already established under this Act.''.
(3) Paragraph (7) is amended to read as follows:
``(7) Replenishment.--The District of Columbia shall
appropriate sufficient funds each fiscal year in the budget
process to replenish any amounts allocated from the emergency
reserve fund during the preceding fiscal years so that not
less than 50 percent of any amount allocated in the preceding
fiscal year or the amount necessary to restore the emergency
reserve fund to the 2 percent required balance, whichever is
less, is replenished by the end of the current fiscal year
and 100 percent of the amount allocated or the amount
necessary to restore the emergency reserve fund to the 2
percent required balance, whichever is less, is replenished
by the end of the second fiscal year following each such
allocation.''.
(b) Section 450A(b) of such Act (sec. 1-204.50a(b), D.C.
Official Code) is amended as follows:
(1) Paragraph (1) is amended to read as follows:
``(1) In general.--There is established a contingency cash
reserve fund (``contingency reserve fund'') as an interest-
bearing account, separate from other accounts in the general
fund, into which the Mayor shall make a deposit in cash each
fiscal year of such amount as may be required to maintain a
balance in the fund of at least 4 percent of the operating
expenditures as defined in paragraph (2) of this subsection
or such amount as may be required for deposit in a fiscal
year in which the District is replenishing the emergency
reserve fund pursuant to subsection (b)(6).''.
(2) Paragraph (2) is amended to read as follows:
``(2) Operating expenses.--For the purpose of this
subsection, operating expenditures is defined as the amount
reported in the District of Columbia's Comprehensive Annual
Financial Report for the fiscal year immediately preceding
the current fiscal year as the actual operating expenditure
from local funds, less such amounts that are attributed to
debt service payments for which a separate reserve fund is
already established under this Act.''.
(3) Paragraph (6) is amended to read as follows:
``(6) Replenishment.--The District of Columbia shall
appropriate sufficient funds each fiscal year in the budget
process to replenish any amounts allocated from the
contingency reserve fund during the preceding fiscal years so
that not less than 50 percent of any amount allocated in the
preceding fiscal year or the amount necessary to restore the
contingency reserve fund to the 4 percent required balance,
whichever is less, is replenished by the end of the current
fiscal year and 100 percent of the amount allocated or the
amount necessary to restore the contingency reserve fund to
the 4 percent required balance, whichever is less, is
replenished by the end of the second fiscal year following
each such allocation.''.
Sec. 131. For fiscal year 2005, the Chief Financial Officer
shall re-calculate the emergency and contingency cash reserve
funds amount established by section 450A of the District of
Columbia Home Rule Act (D.C. Official Code, sec. 1-204.50a),
as amended by this Act, and is authorized to transfer funds
between the emergency and contingency cash reserve funds to
reach the required percentages, and may transfer funds from
the emergency and contingency cash reserve funds to the
general fund of the District of Columbia to the extent that
such funds are not necessary to meet the requirements
established for each fund, except that the Chief Financial
Officer may not transfer funds from the emergency or the
contingency reserve funds to the extent that such a transfer
would lower the fiscal year 2005 total percentage below 7
percent.
Sec. 132. (a) Section 6 of the Policemen and Firemen's
Retirement and Disability Act Amendments of 1957 (sec. 5-732,
D.C. Official Code) is amended by striking the period at the
end of the first sentence and inserting the following: ``,
and for the administrative costs associated with making such
benefit payments.''.
(b) The amendment made by subsection (a) shall apply with
respect to fiscal year 2005 and each succeeding fiscal year.
Sec. 133. (a) Continuing Availability of Amounts in Charter
School Fund.--Section 2403(b)(1) of the District of Columbia
School Reform Act of 1995 (sec. 38-1804.03(b)(1), D.C.
Official Code) is amended by adding at the end the following
new sentence: ``Amounts in the Charter School Fund shall
remain available until expended, and any amounts in the Fund
remaining unobligated or unexpended at the end of a fiscal
year shall not revert to the General Fund of the District of
Columbia.''.
(b) Availability of Additional Local Funds for Charter
School Fund.--Section 2403(b)(2)(A) of such Act (sec. 38-
1804.03(b)(2)(A), D.C. Official Code) is amended by inserting
after ``District of Columbia,'' the following: ``together
with any other local funds that the Chief Financial Officer
of the District of Columbia certifies are necessary to carry
out the purposes of the Fund during the fiscal year,''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to fiscal year 2005 and each
succeeding fiscal year.
Sec. 134. (a) Continuation of Certain Authority of Chief
Financial Officer.--Section 2302 of the Emergency Wartime
Supplemental Appropriations Act, 2003 (Public Law 108-11; 117
Stat. 593), is amended by striking ``September 30, 2004'' and
inserting ``September 30, 2005''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as if included in the enactment of the
Emergency Wartime Supplemental Appropriations Act, 2003.
Sec. 135. (a) Section 106(b) of the District of Columbia
Public Works Act of 1954 (sec. 34-2401.25(b), D.C. Official
Code) is amended by striking paragraph (5).
(b) Section 212(b) of such Act (sec. 34-2112(b), D.C.
Official Code) is amended by striking paragraph (5).
(c) The amendments made by this section shall apply with
respect to quarters occurring during fiscal year 2005 and
each succeeding fiscal year.
Sec. 136. (a) Approval of Bonds by Joint Committee on
Judicial Administration.--Section 11-1701(b), District of
Columbia Official Code, is amended by striking paragraph (5).
(b) Executive Officer.--
(1) In general.--Section 11-1704, District of Columbia
Official Code, is amended to read as follows:

``Sec. 11-1704. Oath of Executive Officer

``The Executive Officer shall take an oath or affirmation
for the faithful and impartial discharge of the duties of
that office.''.
(2) Clerical amendment.--The table of sections for
subchapter I of chapter 17 of title 11, District of Columbia
Official Code, is amended by amending the item relating to
section 11-1704 to read as follows:

``11-1704. Oath of Executive Officer.''.

[[Page H6063]]

(1) by striking ``(a)(1)'' and inserting ``(a)'';
(2) by striking subsection (b); and
(3) by redesignating paragraphs (2) and (3) of subsection
(a) as subsections (b) and (c).
(d) Auditor-Master.--Section 11-1724, District of Columbia
Official Code, is amended by striking the second and third
sentences.
(e) Register of Wills.--
(1) In general.--Section 11-2102, District of Columbia
Official Code, is amended--
(A) in the heading, by striking ``bond;'';
(B) in subsection (a)(2), by striking ``give bond,'' and
all that follows through ``seasonably to record'' and
inserting ``seasonably record''; and
(C) by striking the third sentence of subsection (a).
(2) Clerical amendment.--The item relating to section 11-
2102 in the table of sections for chapter 21 of title 11,
District of Columbia Official Code, is amended by striking
``bond;''.
Sec. 137. Section 11-1728, District of Columbia Official
Code, is amended to read as follows:

``Sec. 11-1728. Recruitment and training of personnel; travel

``(a) The Executive Officer shall be responsible for
recruiting such qualified personnel as may be necessary for
the District of Columbia courts and for providing in-service
training for court personnel.
``(b) Travel under Federal supply schedules is authorized
for the travel of court personnel on official business. The
Joint Committee shall prescribe such requirements,
conditions, and restrictions for such travel as it considers
appropriate, and shall include policies and procedures for
preventing abuses of that travel authority.''.
(b) The table of sections for subchapter II of chapter 17
of title 11, District of Columbia Official Code, is amended
by amending the item relating to section 11-1728 to read as
follows:

``11-1728. Recruitment and training of personnel; travel.''.

Sec. 138. (a) Notwithstanding any other provision of this
Act, the amount of local funds made available under this Act
for the Office of the Inspector General shall be the amount
provided in the annual estimate of the Inspector General of
the expenditures and appropriations necessary for the
operation of the Office for fiscal year 2005, as prepared by
the Inspector General and submitted to the Mayor of the
District of Columbia under section 208(a)(2)(A) of the
District of Columbia Procurement Practices Act of 1985 (sec.
2-302.08(a)(2)(A), D.C. Official Code).
(b) The Chief Financial Officer of the District of Columbia
shall take such steps as are necessary to carry out this
section.

Mr. FRELINGHUYSEN (during the reading). Mr. Chairman, I ask unanimous
consent that the remainder of the bill through page 65, line 5, be
considered as read, printed in the Record and open to amendment at any
point.
The CHAIRMAN. Is there objection to the request of the gentleman from
New Jersey?
There was no objection.
Mr. TANCREDO. Mr. Chairman, I move to strike the last word to engage
in a colloquy with the gentleman from New Jersey (Mr. Frelinghuysen),
the distinguished chairman of the Committee on Appropriations,
Subcommittee on the District of Columbia, regarding a move by certain
District of Columbia Council members to enact a bill that would give
noncitizens the right to vote in local elections.
Mr. Chairman, passage of such a measure would eliminate one of the
few remaining distinctions between noncitizens and citizens, and I
firmly believe that it is not too much to ask that American citizenship
be a prerequisite for voting in an American election. Therefore, I am
opposed to the adoption of such a measure.
Mr. Chairman, it was my intention to offer an amendment that would
prohibit implementation of such a measure. However, after receiving
assurances from the gentleman from Virginia (Chairman Tom Davis) of the
Committee on Government Reform that that measure would be overturned by
Congress before it becomes law, I am satisfied that the amendment will
no longer be necessary.

{time} 1530

Mr. Chairman, is that your understanding of the situation?
Mr. FRELINGHUYSEN. Mr. Chairman, will the gentleman yield?
Mr. TANCREDO. I yield to the gentleman from New Jersey.
Mr. FRELINGHUYSEN. Yes, it is. I wanted to thank my distinguished
colleague for bringing this issue to my attention. Let me say from the
onset that I am very sympathetic to the gentleman's position on the
issue. It is my understanding that the Committee on Government Reform
has a 30-day review period in which to approve or disapprove all
legislative provisions enacted by the city council.
Mr. TANCREDO. I thank the chairman for working with me on the issue.
I will not offer my amendment.

Amendment No. 2 Offered by Mr. Hefley

Mr. HEFLEY. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 2 offered by Mr. Hefley:
At the end of the bill (before the short title), insert the
following:
Sec. 139. Total Federal appropriations made in this Act
(other than appropriations required to be made by a provision
of law) are hereby reduced by $5,600,000.

Mr. HEFLEY. Mr. Chairman, I rise again to offer an amendment to cut
the level of funding in this appropriations bill by 1 percent. This
equals about $5.6 million. This is not the biggest bill that we deal
with. However, the increase in the bill is over 3 percent over last
year. I do not mean this at all as a slap against D.C., our Nation's
Capital, certainly not a slap against the committee, because as most
Members are aware, I have offered a series of these amendments on the
appropriations bills because I think we have to start drawing the line
somewhere and some time.
The budget we have for next year is too large, and we can do
something about the deficit now if we would start doing it. I would
really be remiss, however, Mr. Chairman, if I did not commend the
chairman and ranking member on a very difficult job that they have had
to do; and, obviously, they have done a very excellent job of it as
evidenced by the fact that we are not spending half a day on the D.C.
bill down here, that they have worked out the problems beforehand.
So I commend them on a tremendous job that both of them and the
committee have done. And it is many times a thankless job because most
of the folks back home do not care what happens in the D.C. bill, and
so it does not get them any great acclaim back home for the good job
they are doing. But I would like to put in the record that they have
done a good job.
Still, I do not think a cut of 1 cent on a dollar is too much to ask
for or is unreasonable, given our current budget situation.
Mr. FRELINGHUYSEN. Mr. Chairman, I rise in opposition to the
amendment.
Let me say, Mr. Chairman, I have watched the gentleman from Colorado
(Mr. Hefley) stand on an appropriations bill, and I know his heart is
in the right place; and, reluctantly, I do rise in opposition to his
amendment.
The entire Federal portion of the bill is only $560 million. Within
this total, the committee had to make some hard funding choices. It
reduced a number of things that are key priorities to the Members of
Congress and to the city's leadership. An additional 1 percent
reduction in this bill would, I think, seriously hinder the District's
ability to effectively manage its program at a time when the District
government is sincerely making major improvements to its financial and
program management.
I will not go through any examples, but I do rise in opposition. I
understand where his heart is.
Mr. Chairman, I yield back the balance of my time.
Mr. FATTAH. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I wanted to say that I would like to commend the
gentleman from Colorado (Mr. Hefley) for his great service to the House
as chairman of the Committee on Standards of Official Conduct. I served
with him for many years on the committee. I cannot find a way to
support his amendment today; but if he were to offer, for instance, to
reduce by even a greater percent the reconstruction dollars of 20
billion we sent to Iraq, I would be prepared to vote to cut those
dollars. But here in the Nation's Capital I believe that there are too
many needs to be met.
I still have great respect for my colleague. Colorado has a warm
place in my heart. My wife is from Colorado; but I would oppose this
amendment.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Colorado (Mr. Hefley).
The question was taken; and the Chairman announced that the noes
appeared to have it.

Recorded Vote

Mr. HEFLEY. Mr. Chairman, I demand a recorded vote.

[[Page H6064]]

A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 113,
noes 309, not voting 11, as follows:

[Roll No. 398]

AYES--113

Akin
Baker
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bass
Beauprez
Bilirakis
Bishop (UT)
Blackburn
Boehlert
Boozman
Bradley (NH)
Brady (TX)
Brown-Waite, Ginny
Burgess
Burns
Burton (IN)
Cannon
Carter
Chabot
Chocola
Coble
Cox
Crane
Cubin
Davis (TN)
Davis, Jo Ann
Deal (GA)
DeMint
Diaz-Balart, M.
Doggett
Duncan
Everett
Feeney
Flake
Forbes
Fossella
Franks (AZ)
Garrett (NJ)
Gibbons
Gingrey
Goode
Goodlatte
Goss
Graves
Green (WI)
Gutknecht
Hayes
Hayworth
Hefley
Hensarling
Herger
Hoekstra
Hostettler
Hulshof
Hunter
Hyde
Jenkins
Jones (NC)
Keller
Kennedy (MN)
King (IA)
Lewis (KY)
Linder
Manzullo
McCotter
McHugh
McInnis
Mica
Miller (FL)
Miller, Gary
Moran (KS)
Musgrave
Myrick
Neugebauer
Norwood
Otter
Oxley
Paul
Pence
Petri
Pickering
Pitts
Platts
Ramstad
Rehberg
Rogers (MI)
Rohrabacher
Royce
Ryan (WI)
Schrock
Sensenbrenner
Sessions
Shadegg
Shimkus
Shuster
Smith (WA)
Stearns
Stenholm
Strickland
Sullivan
Tancredo
Tanner
Taylor (MS)
Taylor (NC)
Terry
Thornberry
Toomey
Upton
Vitter
Wamp
Wilson (SC)

NOES--309

Abercrombie
Ackerman
Aderholt
Alexander
Allen
Andrews
Baca
Bachus
Baird
Baldwin
Ballenger
Becerra
Bell
Bereuter
Berkley
Berman
Berry
Biggert
Bishop (GA)
Bishop (NY)
Blumenauer
Blunt
Boehner
Bonilla
Bonner
Bono
Boswell
Boucher
Boyd
Brady (PA)
Brown (OH)
Brown (SC)
Brown, Corrine
Burr
Calvert
Camp
Cantor
Capito
Capps
Capuano
Cardin
Cardoza
Carson (OK)
Case
Castle
Chandler
Clay
Clyburn
Cole
Conyers
Costello
Cramer
Crenshaw
Crowley
Culberson
Cummings
Cunningham
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis, Tom
DeFazio
DeGette
Delahunt
DeLauro
DeLay
Deutsch
Diaz-Balart, L.
Dicks
Dingell
Dooley (CA)
Doolittle
Doyle
Dreier
Dunn
Edwards
Ehlers
Emanuel
Emerson
Engel
English
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Foley
Ford
Frank (MA)
Frelinghuysen
Frost
Gallegly
Gephardt
Gerlach
Gilchrest
Gillmor
Gonzalez
Gordon
Granger
Green (TX)
Greenwood
Grijalva
Gutierrez
Hall
Harman
Hart
Hastings (FL)
Hastings (WA)
Herseth
Hill
Hinchey
Hinojosa
Hobson
Hoeffel
Holden
Holt
Honda
Hooley (OR)
Houghton
Hoyer
Inslee
Israel
Issa
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (OH)
Kanjorski
Kaptur
Kelly
Kennedy (RI)
Kildee
Kilpatrick
Kind
King (NY)
Kingston
Kirk
Kleczka
Kline
Knollenberg
Kolbe
Kucinich
LaHood
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Lee
Levin
Lewis (CA)
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Lowey
Lucas (KY)
Lucas (OK)
Lynch
Maloney
Markey
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCrery
McDermott
McGovern
McIntyre
McKeon
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Michaud
Millender-McDonald
Miller (MI)
Miller (NC)
Miller, George
Mollohan
Moore
Moran (VA)
Murphy
Murtha
Nadler
Napolitano
Neal (MA)
Nethercutt
Ney
Northup
Nunes
Nussle
Oberstar
Obey
Olver
Ortiz
Osborne
Ose
Owens
Pallone
Pascrell
Pastor
Payne
Pearce
Pelosi
Peterson (MN)
Peterson (PA)
Pombo
Pomeroy
Porter
Portman
Price (NC)
Pryce (OH)
Putnam
Radanovich
Rahall
Rangel
Regula
Renzi
Reyes
Reynolds
Rodriguez
Rogers (AL)
Rogers (KY)
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Ryun (KS)
Sabo
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Sandlin
Saxton
Schakowsky
Schiff
Scott (GA)
Scott (VA)
Serrano
Shaw
Shays
Sherman
Sherwood
Simmons
Simpson
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Snyder
Solis
Souder
Spratt
Stark
Stupak
Sweeney
Tauscher
Tauzin
Thomas
Thompson (CA)
Thompson (MS)
Tiahrt
Tiberi
Tierney
Towns
Turner (OH)
Turner (TX)
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walden (OR)
Walsh
Waters
Watson
Watt
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Wexler
Whitfield
Wicker
Wilson (NM)
Wolf
Woolsey
Wu
Wynn
Young (AK)
Young (FL)

NOT VOTING--11

Buyer
Carson (IN)
Collins
Cooper
Ferguson
Harris
Isakson
Majette
Marshall
Matheson
Quinn

Announcement by the Chairman

The CHAIRMAN (during the vote). Members are advised that 2 minutes
remain in this vote.

{time} 1559

Ms. WATSON and Mr. LYNCH changed their vote from ``aye'' to ``no.''
Messrs. CHABOT, COX, BOOZMAN and BOEHLERT changed their vote from
``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Stated against:
Ms. HARRIS. Mr. Chairman, on rollcall No. 398, I was unavoidably
detained. Had I been present, I would have voted ``no.''
The CHAIRMAN. Are there any other amendments to the bill?
If not, the Clerk will read the last two lines.
The Clerk read as follows:

This Act may be cited as the ``District of Columbia
Appropriations Act, 2005''.

The CHAIRMAN. There being no further amendments, under the rule, the
Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Kline) having assumed the chair, Mr. Bass, Chairman of the Committee of
the Whole House on the State of the Union, reported that that
Committee, having had under consideration the bill (H.R. 4850) 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, 2005, and for other
purposes, pursuant to House Resolution 724, reported the bill back to
the House.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. The question is on the passage of the bill.
Under clause 10 of rule XX, the yeas and nays are ordered.
The vote was taken by electronic device, and there were--yeas 371,
nays 54, not voting 8, as follows:

[Roll No. 399]

YEAS--371

Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Andrews
Baca
Bachus
Baird
Baker
Baldwin
Ballenger
Barrett (SC)
Barton (TX)
Bass
Beauprez
Becerra
Bell
Bereuter
Berkley
Berman
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boehner
Bonilla
Bonner
Bono
Boozman
Boucher
Boyd
Bradley (NH)
Brady (PA)
Brady (TX)
Brown (OH)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Burgess
Burns
Burr
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Capps
Capuano
Cardin
Cardoza
Carson (OK)
Carter
Case
Castle
Chabot
Chandler
Chocola
Clay
Clyburn
Cole
Conyers
Cooper
Costello
Cox
Cramer
Crane
Crenshaw
Crowley
Culberson
Cummings
Cunningham
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (TN)
Davis, Tom
DeFazio
DeGette
Delahunt
DeLauro
DeLay
DeMint
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Dooley (CA)
Doolittle
Doyle
Dreier
Edwards
Ehlers
Emanuel
Emerson
Engel
English
Eshoo
Farr
Fattah
Feeney
Filner
Foley
Forbes
Ford
Frank (MA)
Frelinghuysen
Frost
Gallegly
Garrett (NJ)
Gephardt
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gonzalez
Gordon
Granger
Green (TX)
Green (WI)
Greenwood
Grijalva
Gutierrez
Hall
Harman
Harris
Hart
Hastings (FL)
Hastings (WA)
Hayes
Herseth
Hill
Hinchey
Hinojosa
Hobson
Hoeffel
Hoekstra
Holden
Holt
Honda
Hooley (OR)
Houghton
Hoyer
Hulshof
Hunter
Hyde
Inslee
Israel
Issa
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jenkins
John
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (OH)
Kanjorski
Kaptur
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kildee
Kilpatrick
Kind

[[Page H6065]]

King (NY)
Kingston
Kirk
Kleczka
Kline
Knollenberg
Kolbe
Kucinich
LaHood
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren
Lowey
Lucas (KY)
Lucas (OK)
Lynch
Maloney
Markey
Marshall
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCotter
McCrery
McGovern
McInnis
McIntyre
McKeon
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Mica
Millender-McDonald
Miller (MI)
Miller (NC)
Miller, Gary
Mollohan
Moore
Moran (KS)
Moran (VA)
Murphy
Murtha
Musgrave
Myrick
Nadler
Napolitano
Neal (MA)
Nethercutt
Ney
Northup
Nunes
Nussle
Oberstar
Obey
Olver
Ortiz
Osborne
Ose
Owens
Oxley
Pallone
Pascrell
Pastor
Payne
Pearce
Pelosi
Pence
Peterson (PA)
Pickering
Pitts
Platts
Pombo
Pomeroy
Porter
Portman
Price (NC)
Pryce (OH)
Putnam
Radanovich
Rangel
Regula
Rehberg
Renzi
Reyes
Reynolds
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Ryun (KS)
Sabo
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Sandlin
Saxton
Schakowsky
Schiff
Schrock
Scott (GA)
Scott (VA)
Serrano
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shuster
Simpson
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Souder
Spratt
Stark
Strickland
Stupak
Sullivan
Sweeney
Tancredo
Tanner
Tauscher
Tauzin
Terry
Thomas
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Towns
Turner (OH)
Turner (TX)
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Vitter
Walden (OR)
Walsh
Wamp
Waters
Watson
Watt
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Woolsey
Wu
Wynn
Young (AK)
Young (FL)

NAYS--54

Bartlett (MD)
Berry
Biggert
Boehlert
Boswell
Coble
Cubin
Davis, Jo Ann
Deal (GA)
Deutsch
Duncan
Etheridge
Evans
Everett
Flake
Fossella
Franks (AZ)
Goode
Goodlatte
Goss
Graves
Gutknecht
Hayworth
Hefley
Hensarling
Herger
Hostettler
Jones (NC)
King (IA)
Manzullo
McDermott
McHugh
Michaud
Miller (FL)
Miller, George
Neugebauer
Norwood
Otter
Paul
Peterson (MN)
Petri
Rahall
Ramstad
Royce
Sensenbrenner
Simmons
Smith (MI)
Stearns
Stenholm
Taylor (MS)
Taylor (NC)
Tierney
Toomey
Wexler

NOT VOTING--8

Carson (IN)
Collins
Dunn
Ferguson
Isakson
Majette
Matheson
Quinn

Announcement by the Speaker Pro Tempore

The SPEAKER pro tempore (Mr. Kline) (during the vote). Members are
reminded that there are 2 minutes remaining in this vote.

{time} 1618

So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.

____________________