[Congressional Record (Bound Edition), Volume 150 (2004), Part 12]
[House]
[Pages 16325-16342]
[From the U.S. Government Publishing Office, www.gpo.gov]




                              {time}  1500
             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.

                              {time}  1500


                     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

[[Page 16326]]

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 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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[[Page 16330]]

  Mr. Chairman, I reserve the balance of my time. 
  Mr. FATTAH. Mr. Chairman, I yield myself such time as I may consume.
  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. 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.

                              {time}  1515

  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

[[Page 16331]]

from Pennsylvania (Mr. Fattah). I can 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

[[Page 16332]]

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 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:

[[Page 16333]]



                         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 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.

[[Page 16334]]



 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.

              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

[[Page 16335]]

     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, $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

[[Page 16336]]

     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 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

[[Page 16337]]

     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 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

[[Page 16338]]

     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, 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;

[[Page 16339]]

       (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 
     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.

[[Page 16340]]

     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.''.

       (c) Fiscal Officer.--Section 11-1723, District of Columbia 
     Official Code, is amended--
       (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

[[Page 16341]]

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.
  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

[[Page 16342]]




                      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
     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.

                          ____________________