Calendar No. 517
109th CONGRESS
2d Session
S. 3660
[Report No. 109-281]
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, 2007, and for
other purposes.
IN THE SENATE OF THE UNITED STATES
July 13, 2006
Mr. BROWNBACK, from the Committee on Appropriations, reported the following
original bill; which was read twice and placed on the calendar
A BILL
Making appropriations for the government of the District of Columbia
and other activities chargeable in whole or in part against the revenues
of said District for the fiscal year ending September 30, 2007, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following sums are
appropriated, out of any money in the Treasury not otherwise appropriated,
for the District of Columbia and related agencies for the fiscal year ending
September 30, 2007, and for other purposes, namely:
DISTRICT OF COLUMBIA
Federal Funds
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
For a Federal payment to the District of Columbia, to be deposited into
a dedicated account, for a nationwide program to be administered by the
Mayor, for District of Columbia resident tuition support, $33,200,000, to
remain available until expended: Provided, That such funds, including
any interest accrued thereon, may be used on behalf of eligible District
of Columbia residents to pay an amount based upon the difference between
in-State and out-of-State tuition at public institutions of higher education,
or to pay up to $2,500 each year at eligible private institutions of higher
education: Provided further, That the awarding of such funds may
be prioritized on the basis of a resident's academic merit, the income and
need of eligible students and such other factors as may be authorized: Provided
further, That the District of Columbia government shall maintain a
dedicated account for the Resident Tuition Support Program that shall consist
of the Federal funds appropriated to the Program in this Act and any subsequent
appropriations, any unobligated balances from prior fiscal years, and any
interest earned in this or any fiscal year: Provided further, That
the account shall be under the control of the District of Columbia Chief
Financial Officer, who shall use those funds solely for the purposes of
carrying out the Resident Tuition Support Program: Provided further,
That the Office of the Chief Financial Officer shall provide a quarterly
financial report to the Committees on Appropriations of the House of Representatives
and Senate for these funds showing, by object class, the expenditures made
and the purpose therefor: Provided further, That not more than
$1,200,000 of the total amount appropriated for this program may be used
for administrative expenses.
FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS IN THE DISTRICT
OF COLUMBIA
For necessary expenses, as determined by the Mayor of the District of Columbia
in written consultation with the elected county or city officials of surrounding
jurisdictions, $8,533,000, 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, $206,629,000
to be allocated as follows: for the District of Columbia Court of Appeals,
$9,401,000 of which not to exceed $1,500 is for official reception and representation
expenses; for the District of Columbia Superior Court, $89,646,000 of which
not to exceed $1,500 is for official reception and representation expenses;
for the District of Columbia Court System, $46,653,000 of which not to exceed
$1,500 is for official reception and representation expenses; and $60,929,000,
to remain available until September 30, 2007, for capital improvements for
District of Columbia courthouse facilities: Provided, That notwithstanding
any other provision of law, a single contract or related contracts for development
and construction of facilities may be employed which collectively include
the full scope of the project: Provided further, That the solicitation
and contract shall contain the clause `availability of Funds' found at 48
CFR 52.232-18: Provided further, That funds made available for
capital improvements shall be expended consistent with the General Services
Administration master plan study and building evaluation report: Provided
further, That notwithstanding any other provision of law, all amounts
under this heading shall be apportioned quarterly by the Office of Management
and Budget and obligated and expended in the same manner as funds appropriated
for salaries and expenses of other Federal agencies, with payroll and financial
services to be provided on a contractual basis with the General Services
Administration (GSA), and such services shall include the preparation of
monthly financial reports, copies of which shall be submitted directly by
GSA to the President and to the Committees on Appropriations of the House
of Representatives and Senate, the Committee on Government Reform of the
House of Representatives, and the Committee on Governmental Affairs of the
Senate: Provided further, That 30 days after providing written
notice to the Committees on Appropriations of the House of Representatives
and Senate, the District of Columbia Courts may reallocate not more than
$1,000,000 of the funds provided under this heading among the items and
entities funded under this heading for operations, and not more than 4 percent
of the funds provided under this heading for facilities.
DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS
For payments authorized under section 11-2604 and section 11-2605, D.C.
Official Code (relating to representation provided under the District of
Columbia Criminal Justice Act), payments for counsel appointed in proceedings
in the Family Court of the Superior Court of the District of Columbia under
chapter 23 of title 16, D.C. Official Code, or pursuant to contractual agreements
to provide guardian ad litem representation, training, technical assistance
and such other services as are necessary to improve the quality of guardian
ad litem representation, payments for counsel appointed in adoption proceedings
under chapter 3 of title 16, D.C. Code, and payments for counsel authorized
under section 21-2060, D.C. Official Code (relating to representation provided
under the District of Columbia Guardianship, Protective Proceedings, and
Durable Power of Attorney Act of 1986), $43,475,000, 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 $60,929,000 provided under such heading for capital improvements
for District of Columbia courthouse facilities) may also be used for payments
under this heading: Provided further, That in addition to the funds
provided under this heading, the Joint Committee on Judicial Administration
in the District of Columbia may use funds provided in this Act under the
heading `Federal Payment to the District of Columbia Courts' (other than
the $60,929,000 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 further, That notwithstanding any other provision of law,
this appropriation shall be apportioned quarterly by the Office of Management
and Budget and obligated and expended in the same manner as funds appropriated
for expenses of other Federal agencies, with payroll and financial services
to be provided on a contractual basis with the General Services Administration
(GSA), 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, $183,653,000 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
not to exceed $400,000 for the Community Supervision Program and $160,000
for the Pretrial Services Program, both to remain available until September
30, 2008, are for information technology infrastructure enhancement acquisitions;
of which $135,457,000 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 $46,196,000 shall be available to the
Pretrial Services Agency: Provided, That notwithstanding any other
provision of law, all amounts under this heading shall be apportioned quarterly
by the Office of Management and Budget and obligated and expended in the
same manner as funds appropriated for salaries and expenses of other Federal
agencies: Provided further, That 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.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE-
For salaries and expenses of the District of Columbia Public Defender Service,
$32,710,000: 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.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY
For a Federal payment to the District of Columbia Water and Sewer Authority,
$7,000,000, 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,
$5,000,000, to remain available until September 30, 2007, of which $3,000,000
shall be for design and construction of a continuous pedestrian and bicycle
trail system from the Potomac River to the District's border with Maryland
and of which $2,000,000 shall be for infrastructure upgrades to improve
access to the waterfront.
FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING COUNCIL
For a Federal payment to the Criminal Justice Coordinating Council, $1,300,000,
to remain available until expended, to support initiatives related to the
coordination of Federal and local criminal justice resources in the District
of Columbia.
FEDERAL PAYMENT FOR TRANSPORTATION ASSISTANCE
For a Federal payment to the District of Columbia Department of Transportation,
$1,000,000 to operate a downtown circulator transit system.
FEDERAL PAYMENT FOR FOSTER CARE IMPROVEMENTS IN THE DISTRICT OF COLUMBIA
For the Federal payment to the District of Columbia for foster care improvements,
$2,000,000, to remain available until expended: Provided, That
$1,750,000 shall be for the Child and Family Services Agency, of which $1,000,000
shall be for a loan repayment program for social workers; and $750,000 shall
be for post-adoption services: Provided further, That $250,000
shall be for the Washington Metropolitan Council of Governments, to continue
a program in conjunction with the Foster and Adoptive Parents Advocacy Center,
to provide respite care for and recruitment of foster parents: Provided
further, That these Federal funds shall supplement and not supplant
local funds for the purposes described under this heading.
FEDERAL PAYMENT TO THE OFFICE OF THE CHIEF FINANCIAL OFFICER OF THE DISTRICT
OF COLUMBIA
For a Federal payment to the Office of the Chief Financial Officer of the
District of Columbia, $5,000,000: Provided, That these funds shall
be available for the projects and in the amounts specified in the accompanying
Committee report: 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 June 1, 2007.
FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT
For a Federal payment for a school improvement program in the District of
Columbia, $40,000,000 to be allocated as follows: $13,000,000 for the State
Education Office to improve traditional public schools in the District of
Columbia; $13,000,000 for the State Education Office to expand quality public
charter schools in the District of Columbia; $14,000,000 for the Secretary
of the Department of Education to provide opportunity scholarships for students
in the District of Columbia in accordance with division C, title III of
the District of Columbia Appropriations Act, 2004 (Public Law 108-199; 118
Stat. 126), of which up to $1,000,000 may be used to administer and fund
assessments: Provided, That of the $13,000,000 provided for public
charter schools in the District of Columbia, $6,000,000, to remain available
until expended, shall be for the Direct Loan Fund for Charter Schools; $3,500,000,
to remain available until expended, shall be for continuation of the City
Build Charter School Program; $1,000,000 shall be for the Public Education
Improvement Incentive Award program; $1,050,000 shall be for grants to public
charter schools for co-location with D.C. Public School buildings; $1,000,000
shall be for a quality initiative; and $450,000 shall be for administration
within the State Education Office: Provided further, That of the
$13,000,000 provided to improve traditional public schools in the District
of Columbia, that $5,000,000 shall be to hire, place and train highly qualified
teachers and principals in District of Columbia public schools; $5,500,000
shall be used for teacher training and materials to expand the availability
of advanced placement courses and for subsequent testing, and to expand
vocational and technical education programs which enhance postsecondary
opportunities for students; $500,000 to support the Superintendent's Master
Education Plan; and $2,000,000 shall be for the High Performing Incentive
Award program.
FEDERAL PAYMENT FOR BIOTERRORISM AND FORENSICS LABORATORY
For a Federal payment to the District of Columbia, $4,500,000, to remain
available until September 30, 2007, for costs associated with the construction
of a bioterrorism and forensics laboratory: Provided, That the
District of Columbia shall provide an additional $5,000,000 with local funds
as a condition of receiving this payment.
FEDERAL PAYMENT FOR MARRIAGE DEVELOPMENT, IMPROVEMENT, AND PROMOTION
For a Federal payment for marriage development and improvement in the District
of Columbia, $4,000,000, to remain available until expended: Provided,
That $1,500,000 shall be for the Capital Area Asset Building Corporation
for the establishment of marriage development accounts in accordance with
the requirements in the accompanying report, of which $400,000 shall be
for program planning, marketing, evaluation, and account administration:
Provided further, That $1,500,000 shall be for mentoring, counseling,
community outreach, and training and technical assistance, of which $750,000
shall be for the National Center for Fathering and $750,000 shall be for
the East Capitol Center for Change to carry out these activities: Provided
further, That $1,000,000 shall be for the District Department of Human
Services to begin occupational training for low-income, unemployed married
parents to assist them in gaining employment: Provided further,
That as a condition of receiving these funds, the Mayor of the District
of Columbia shall promote marriage and family formation according to the
guidance set forth in the accompanying report: Provided further,
That within 30 days of enactment of this Act, the entities receiving funds
under this title shall submit to the Committees on Appropriations of the
House and Senate, a detailed expenditure plan and program requirements that
comport with the guidance in the accompanying report.
FEDERAL PAYMENT FOR NAVY YARD METRO
For a Federal payment to the District of Columbia Department of Transportation,
$4,000,000, to remain available until expended, for costs associated with
upgrading and expanding the capacity of the Navy Yard Metro Station.
FEDERAL PAYMENT FOR CENTRAL LIBRARY
For a Federal payment to the District of Columbia, $15,000,000, to remain
available until expended, for the Federal contribution for costs associated
with the construction of a new, state-of-the-art central library.
District of Columbia Funds
The following amounts are appropriated for the District of Columbia for
the current fiscal year out of the general fund of the District of Columbia,
except as otherwise specifically provided: Provided, That notwithstanding
any other provision of law, except as provided in section 450A of the District
of Columbia Home Rule Act (D.C. Official Code, section 1-204.50a) and provisions
of this Act, the total amount appropriated in this Act for operating expenses
for the District of Columbia for fiscal year 2006 under this heading shall
not exceed the lesser of the sum of the total revenues of the District of
Columbia for such fiscal year or $9,057,361,000 (of which $5,271,162,000
shall be from local funds, $2,020,101,000 shall be from Federal grant funds,
$1,758,214,000 shall be from other funds, and $7,885,000 shall be from private
funds), in addition, $170,052,000 from funds previously appropriated in
this Act as Federal payments: Provided further, That of the local
funds, $284,287,000 shall be derived from the District's general fund balance:
Provided further, That of these funds the District's intradistrict
authority shall be $539,745,000: in addition for capital construction projects
there is appropriated an increase of $2,459,570,000, of which $1,809,754,000
shall be from local funds, $49,867,000 from Highway Trust funds, $52,000,000
from the Local Street Maintenance fund, $15,000,000 from revenue bonds,
$18,200,000 from Certificates of Participation financing, $63,000,000 from
financing for construction of a baseball stadium, $212,000,000 from financing
for construction of a new hospital or other health facility, $239,749,000
from Federal grant funds, and a rescission of $118,395,000 from local funds
appropriated under this heading in prior fiscal years, for a net amount
of $2,341,175,000, to remain available until expended: Provided further,
That the amounts provided under this heading are to be subject to the provisions
of and allocated and expended as proposed under `Title II--District of Columbia
Funds' of the Fiscal Year 2006 Proposed Budget and Financial Plan submitted
to the Congress of the United States by the District of Columbia on June
6, 2005: Provided further, That this amount may be increased by
proceeds of one-time transactions, which are expended for emergency or unanticipated
operating or capital needs: Provided further, That such increases
shall be approved by enactment of local District law and shall comply with
all reserve requirements contained in the District of Columbia Home Rule
Act as amended by this Act: Provided further, That the Chief Financial
Officer of the District of Columbia shall take such steps as are necessary
to assure that the District of Columbia meets these requirements, including
the apportioning by the Chief Financial Officer of the appropriations and
funds made available to the District during fiscal year 2006, except that
the Chief Financial Officer may not reprogram for operating expenses any
funds derived from bonds, notes, or other obligations issued for capital
projects.
General Provisions
SEC. 101. Whenever in this Act, an amount is specified within an appropriation
for particular purposes or objects of expenditure, such amount, unless otherwise
specified, shall be considered as the maximum amount that may be expended
for said purpose or object rather than an amount set apart exclusively therefor.
SEC. 102. Appropriations in this Act shall be available for expenses of
travel and for the payment of dues of organizations concerned with the work
of the District of Columbia government, when authorized by the Mayor, or,
in the case of the Council of the District of Columbia, funds may be expended
with the authorization of the Chairman of the Council.
SEC. 103. There are appropriated from the applicable funds of the District
of Columbia such sums as may be necessary for making refunds and for the
payment of legal settlements or judgments that have been entered against
the District of Columbia government.
SEC. 104. (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 title
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. 105. (a) None of the funds provided under this title to the agencies
funded by this title, both Federal and District government agencies, that
remain available for obligation or expenditure in fiscal year 2007, or provided
from any accounts in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this title, shall be available
for obligation or expenditures for an agency through a reprogramming of
funds which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied, limited or
increased under this Act;
(4) increases funds or personnel by any means for any program, project,
or responsibility center for which funds have been denied or restricted;
(5) reestablishes any program or project previously deferred through reprogramming;
(6) augments any existing program, project, or responsibility center through
a reprogramming of funds in excess of $3,000,000 or 10 percent, whichever
is less; or
(7) increases by 20 percent or more personnel assigned to a specific program,
project or responsibility center,
unless in the case of Federal funds, the Committees on Appropriations of
the House of Representatives and Senate are notified in writing 15 days
in advance of the reprogramming and in the case of local funds, the Committees
on Appropriations of the House of Representatives and Senate are provided
summary reports on April 1, 2007 and October 1, 2007, setting forth detailed
information regarding each such local funds reprogramming conducted subject
to this subsection.
(b) None the local funds contained in this Act may be available for obligation
or expenditure for an agency through a transfer of any local funds in excess
of $3,000,000 from one appropriation heading to another unless the Committees
on Appropriations of the House of Representatives and Senate are provided
summary reports on April 1, 2007 and October 1, 2007, setting forth detailed
information regarding each reprogramming conducted subject to this subsection,
except that in no event may the amount of any funds transferred exceed 4
percent of the local funds in the appropriations.
(c) The District of Columbia Government is authorized to approve and execute
reprogramming and transfer requests of local funds under this title through
September 30, 2007.
SEC. 106. 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. 107. 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: Provided, That notwithstanding any other law
(or 5 U.S.C. Sec. 8344(a)), the District Government Reemployed Annuitant
Offset Amendment Act of 2004, effective December 7, 2004 (D.C. Law 15-207;
51 DCR 8799), shall apply to any individual employed in an appointive or
elective position with the District of Columbia government after December
7, 2004.
SEC. 108. No later than 30 days after the end of the first quarter of fiscal
year 2007, 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 2007 revenue estimates
as of the end of such quarter. These estimates shall be used in the budget
request for fiscal year 2008. The officially revised estimates at midyear
shall be used for the midyear report.
SEC. 109. 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. 110. 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. 111. (a) Notwithstanding any other provision of this Act, the Mayor,
in consultation with the Chief Financial Officer of the District of Columbia
may accept, obligate, and expend Federal, private, and other grants received
by the District government that are not reflected in the amounts appropriated
in this Act.
(b)(1) No such Federal, private, or other grant may be obligated, or expended
pursuant to subsection (a) until--
(A) the Chief Financial Officer of the District of Columbia submits to
the Council a report setting forth detailed information regarding such
grant; and
(B) the Council has reviewed and approved the obligation, and expenditure
of such grant.
(2) For purposes of paragraph (1)(B), the Council shall be deemed to have
reviewed and approved the obligation, and expenditure of a grant if--
(A) no written notice of disapproval is filed with the Secretary of the
Council within 14 calendar days of the receipt of the report from the
Chief Financial Officer under paragraph (1)(A); or
(B) if such a notice of disapproval is filed within such deadline, the
Council does not by resolution disapprove the obligation, or expenditure
of the grant within 30 calendar days of the initial receipt of the report
from the Chief Financial Officer under paragraph (1)(A).
(c) No amount may be obligated or expended from the general fund or other
funds of the District of Columbia government in anticipation of the approval
or receipt of a grant under subsection (b)(2) or in anticipation of the
approval or receipt of a Federal, private, or other grant not subject to
such subsection.
(d) The Chief Financial Officer of the District of Columbia may adjust the
budget for Federal, private, and other grants received by the District government
reflected in the amounts appropriated in this title, or approved and received
under subsection (b)(2) to reflect a change in the actual amount of the
grant.
(e) The Chief Financial Officer of the District of Columbia shall prepare
a quarterly report setting forth detailed information regarding all Federal,
private, and other grants subject to this section. Each such report shall
be submitted to the Council of the District of Columbia and to the Committees
on Appropriations of the House of Representatives and Senate not later than
15 days after the end of the quarter covered by the report.
SEC. 112. (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, 2007, an inventory, as of September 30, 2006, 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. 113. 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 2007 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. 114. (a) None of the Federal 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. 115. (a) None of the Federal funds contained in this Act may be used
for any program of distributing sterile needles or syringes for the hypodermic
injection of any illegal drug.
(b) Any individual or entity who receives any funds contained in this Act
and who carries out any program described in subsection (a) shall account
for all funds used for such program separately from any funds contained
in this Act.
SEC. 116. None of the funds contained in this Act may be used after the
expiration of the 60-day period that begins on the date of the enactment
of this Act to pay the salary of any chief financial officer of any office
of the District of Columbia government (including any independent agency
of the District of Columbia) who has not filed a certification with the
Mayor and the Chief Financial Officer of the District of Columbia that the
officer understands the duties and restrictions applicable to the officer
and the officer's agency as a result of this Act (and the amendments made
by this Act), including any duty to prepare a report requested either in
the Act or in any of the reports accompanying the Act and the deadline by
which each report must be submitted: Provided, That the Chief Financial
Officer of the District of Columbia shall provide to the Committees on Appropriations
of the House of Representatives and Senate by April 1, 2007 and October
1, 2007, a summary list showing each report, the due date, and the date
submitted to the Committees.
SEC. 117. 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. 118. The Mayor of the District of Columbia shall submit to the Committees
on Appropriations of the House of Representatives and Senate, the Committee
on Government Reform of the House of Representatives, and the Committee
on Governmental Affairs of the Senate quarterly reports addressing--
(1) crime, including the homicide rate, implementation of community policing,
the number of police officers on local beats, and the closing down of
open-air drug markets;
(2) access to substance and alcohol abuse treatment, including the number
of treatment slots, the number of people served, the number of people
on waiting lists, and the effectiveness of treatment programs;
(3) management of parolees and pre-trial violent offenders, including
the number of halfway houses escapes and steps taken to improve monitoring
and supervision of halfway house residents to reduce the number of escapes
to be provided in consultation with the Court Services and Offender Supervision
Agency for the District of Columbia;
(4) education, including access to special education services and student
achievement to be provided in consultation with the District of Columbia
Public Schools and the District of Columbia public charter schools;
(5) improvement in basic District services, including rat control and
abatement;
(6) application for and management of Federal grants, including the number
and type of grants for which the District was eligible but failed to apply
and the number and type of grants awarded to the District but for which
the District failed to spend the amounts received; and
(7) indicators of child well-being.
SEC. 119. (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 2007 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 and its reporting requirement 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. 120. (a) None of the funds contained in this Act may be made available
to pay--
(1) the fees of an attorney who represents a party in an action or an
attorney who defends an action brought against the District of Columbia
Public Schools under the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.) in excess of $4,000 for that action; or
(2) the fees of an attorney or firm whom the Chief Financial Officer of
the District of Columbia determines to have a pecuniary interest, either
through an attorney, officer, or employee of the firm, in any special
education diagnostic services, schools, or other special education service
providers.
(b) In this section, the term `action' includes an administrative proceeding
and any ensuing or related proceedings before a court of competent jurisdiction.
SEC. 121. The Chief Financial Officer of the District of Columbia shall
require attorneys in special education cases brought under the Individuals
with Disabilities Education Act (IDEA) in the District of Columbia to certify
in writing that the attorney or representative rendered any and all services
for which they receive awards, including those received under a settlement
agreement or as part of an administrative proceeding, under the IDEA from
the District of Columbia. As part of the certification, the Chief Financial
Officer of the District of Columbia shall require all attorneys in IDEA
cases to disclose any financial, corporate, legal, memberships on boards
of directors, or other relationships with any special education diagnostic
services, schools, or other special education service providers to which
the attorneys have referred any clients as part of this certification. The
Chief Financial Officer shall prepare and submit quarterly reports to the
Committees on Appropriations of the House of Representatives and Senate
on the certification of and the amount paid by the government of the District
of Columbia, including the District of Columbia Public Schools, to attorneys
in cases brought under IDEA. The Inspector General of the District of Columbia
may conduct investigations to determine the accuracy of the certifications.
SEC. 122. The amount appropriated by this title may be increased by no more
than $42,000,000 from funds identified in the comprehensive annual financial
report as the District's fiscal year 2006 unexpended general fund surplus.
The District may obligate and expend these amounts only in accordance with
the following conditions:
(1) The Chief Financial Officer of the District of Columbia shall certify
that the use of any such amounts is not anticipated to have a negative
impact on the District's long-term financial, fiscal, and economic vitality.
(2) The District of Columbia may only use these funds for the following
expenditures:
(A) One-time expenditures.
(B) Expenditures to avoid deficit spending.
(E) Expenditures to avoid revenue shortfalls.
(3) The amounts shall be obligated and expended in accordance with laws
enacted by the Council in support of each such obligation or expenditure.
(4) The amounts may not be used to fund the agencies of the District of
Columbia government under court ordered receivership.
(5) The amounts may not be obligated or expended unless the Mayor notifies
the Committees on Appropriations of the House of Representatives and Senate
not fewer than 30 days in advance of the obligation or expenditure.
SEC. 123. The Chief Financial Officer for the District of Columbia may,
for the purpose of cash flow management, conduct short-term borrowing from
the emergency reserve fund and from the contingency reserve fund established
under section 450A of the District of Columbia Home Rule Act (Public Law
93-198): Provided, That the amount borrowed shall not exceed 50
percent of the total amount of funds contained in both the emergency and
contingency reserve funds at the time of borrowing: Provided further,
That the borrowing shall not deplete either fund by more than 50 percent:
Provided further, That 100 percent of the funds borrowed shall
be replenished within 9 months of the time of the borrowing or by the end
of the fiscal year, whichever occurs earlier: Provided further,
That in the event that short-term borrowing has been conducted and the emergency
or the contingency funds are later depleted below 50 percent as a result
of an emergency or contingency, an amount equal to the amount necessary
to restore reserve levels to 50 percent of the total amount of funds contained
in both the emergency and contingency reserve fund must be replenished from
the amount borrowed within 60 days.
SEC. 124. (a) To account for an unanticipated growth of revenue collections,
the amount appropriated as District of Columbia Funds pursuant to this Act
may be increased--
(1) by an aggregate amount of not more than 25 percent, in the case of
amounts proposed to be allocated as `Other-Type Funds' in the Fiscal Year
2007 Proposed Budget and Financial Plan submitted to Congress by the District
of Columbia; and
(2) by an aggregate amount of not more than 6 percent, in the case of
any other amounts proposed to be allocated in such Proposed Budget and
Financial Plan.
(b) The District of Columbia may obligate and expend any increase in the
amount of funds authorized under this section only in accordance with the
following conditions:
(1) The Chief Financial Officer of the District of Columbia shall certify--
(A) the increase in revenue; and
(B) that the use of the amounts is not anticipated to have a negative
impact on the long-term financial, fiscal, or economic health of the
District.
(2) The amounts shall be obligated and expended in accordance with laws
enacted by the Council of the District of Columbia in support of each
such obligation and expenditure, consistent with the requirements of this
Act.
(3) The amounts may not be used to fund any agencies of the District government
operating under court-ordered receivership.
(4) The amounts may not be obligated or expended unless the Mayor has
notified the Committees on Appropriations of the House of Representatives
and Senate not fewer than 30 days in advance of the obligation or expenditure.
SEC. 125. (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. 126. 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. 127. The entire process used by the Chief Financial Officer to acquire
any and all kinds of goods, works and services by any contractual means,
including but not limited to purchase, lease or rental, shall be exempt
from all of the provisions of the District of Columbia's Procurement Practices
Act: Provided, That provisions made by this subsection shall take
effect as if enacted in D.C. Law 11-259 and shall remain in effect until
September 30, 2007.
SEC. 128. There is hereby appropriated such additional other type funds
as may be necessary to conduct expenditures authorized to be made from the
District of Columbia Commodities Cost Reserve Fund, established by section
47-368.04 of the District of Columbia Official Code and the Leasing Fees
Working Fund, established by section 5 of the District of Columbia Appropriations
Act, 1955, approved July 1, 1956 (68 Stat. 393; D.C. Official Code 10-701).
SEC. 129. Amounts appropriated in this Act as operating funds may be transferred
to the District of Columbia's enterprise and capital funds and such amounts,
once transferred shall retain appropriation authority consistent with the
provisions of this Act.
SEC. 130. Of the funds appropriated in this Act and subsequent appropriations
Acts for the direct loan fund established pursuant to section 143 of the
District of Columbia Appropriations Act for Fiscal Year 2003 (Public Law
108-7; 117 Stat. 112 (2003), as amended), and the credit enhancement fund
established pursuant to section 603(e) of the Student Loan Marketing Association
Reorganization Act of 1996 (Public Law 104-208; 110 Stat. 3009; 20 U.S.C.
1155(e), as amended), shall not be subject to the requirements set forth
in section 451 of the Self-Government and Governmental Reorganization Act
(Home Rule Act, Public Law 93-198, 87 Stat. 777, Sec. 451 (1973); D.C. Official
Code 1-204.51 (2001), as amended).
SEC. 131. Notwithstanding any other provision of law, an eligible student
who received a scholarship for the 2004-2005 school year or the 2005-2006
school year under the D.C. School Choice Incentive Act of 2003 (title III
of division C of the Consolidated Appropriations Act, 2004, Public Law 108-199),
shall be eligible to receive a scholarship for the second or any succeeding
year of his or her participation in the program, provided the student comes
from a household whose income does not exceed 300 percent of the poverty
line.
SEC. 132. The Chief Financial Officer shall prepare and annually submit
to the Mayor of the District of Columbia, for inclusion in the annual budget
of the District of Columbia government for a fiscal year, annual estimates
of the expenditures and appropriations necessary for the year for the operation
of the Office and all other District of Columbia accounting, budget, and
financial management personnel (including personnel of executive branch
independent agencies) that report to the Office. All such estimates shall
be forwarded by the Mayor to the Council of the District of Columbia for
its action pursuant to sections 446 and 603(c) of the District of Columbia
Home Rule Act, approved December 24, 1973 (D.C. Official Code Sec. 1-204.46
and 1-206.03(c)), without revision but subject to recommendations. Notwithstanding
any other provision of such Act, the Council may comment or make recommendations
concerning such estimates, but shall have no authority to revise such estimates.
SEC. 133. The authority that the Chief Financial Officer (CFO) of the District
of Columbia exercised with respect to personnel and the preparation of fiscal
impact statements during a control period (as defined in Public Law 104-8)
shall remain in effect until September 30, 2007: Provided, That,
unless otherwise expressly exempted from CFO oversight within the District
of Columbia Home Rule Act, approved December 24, 1973, the personnel authority
exercised by the OCFO extends to all agencies and staff identified in section
142(a) of the District of Columbia Appropriations Act, 1997 (Public Law
104-194; 110 Stat. 2375) without exception.
SEC. 134. Section 424(b)(3) of the District of Columbia Home Rule Act (sec.
1-204.24b(c), D.C. Official Code) is amended by striking the period at the
end of the sentence and inserting `times 1.50.'.
SEC. 135. The term of office of the individual serving as the District of
Columbia Chief Financial Officer as of the date of enactment of this Act
shall not end prior to June 30, 2008.
This Act may be cited as the `District of Columbia Appropriations Act, 2007'.
Calendar No. 517
109th CONGRESS
2d Session
S. 3660
[Report No. 109-281]
A BILL
Making appropriations for the government of the District of Columbia and
other activities chargeable in whole or in part against the revenues of
said District for the fiscal year ending September 30, 2007, and for other
purposes.
July 13, 2006
Read twice and placed on the calendar
END
