District of Columbia Appropriations Act for FY2003: Comparison of General Provisions of P.L. 107-96 and S. 2809
Report for Congress
District of Columbia Appropriations Act for
FY2003:
Comparison of General Provisions
of P.L. 107-96 and S. 2809
September 26, 2002
Eugene Boyd
Analyst in American National Government
Government and Finance Division
Congressional Research Service ˜ The Library of Congress
District of Columbia Appropriations Act for FY2002:
Comparison of General Provisions of P.L. 107-96
and S. 2809
Summary
On September 17, 2002, the District’s Chief Financial Officer (CFO) notified
city leaders of the potential $323 million budget shortfall facing the city in FY2003.
On July 26, 2002, the Senate Appropriations Committee reported S. 2809, a bill
appropriating funds for the District of Columbia for FY2003, and the Senate report
(S. Report 107-225) accompanying the bill. In keeping with last year’s efforts, which
reduced the number of general provisions from 67 to 41, S. 2809, as reported by the
Committee, reduces the number of general provisions from 41 to 36. It modifies a
number of provisions that some observers consider intrusive. Among the more
controversial sections is a general provision that prior to FY2002, prohibited the use
of both federal and District funds to implement a 1992 District law allowing
unmarried heterosexual or homosexual couples to register as domestic partners.
Under the provision, first enacted as part of the District’s FY2002 appropriations act,
and included in S. 2809, District employees who register as domestic partners would
be allowed to include domestic partners under their health insurance policies. The
provision lifts the ban on the use of District, but not federal, funds to implement the
The District’s elected leadership has voiced concern about the inclusion of
social riders in past appropriations bills and hope to negotiate with the congressional
leaders on the contents of the general provisions to be included in the FY2003
appropriations bill for the District of Columbia. In previous years, city officials had
complained about the inclusion of a number of home rule and “social” riders dealing
with such issues as voting representation in Congress, abortion, medical marijuana,
domestic partners health insurance expansion, and needle and syringe exchange
programs.
The District of Columbia Appropriations Act for FY2003, as reported by the
Senate Appropriations Committee, would continue existing prohibitions and
restrictions on the use of federal and District funds for abortions and medical
marijuana. However, S. 2809 includes provisions that would remove existing
restrictions on the use of District funds for needle exchange programs, statehood
lobbying, court challenges aimed at providing city residents with voting
representation in Congress. It also includes a provision that would allow the District
to continue to use local funds to administer the city’s Health Care Benefits Expansion
Act of 1992, as described earlier in this summary. For additional information on the
District of Columbia’s FY2003 Appropriations Act, including proposed funding
levels and summaries of key policy issues see the following CRS report:
Appropriations for FY2003: District of Columbia, RL31313, by Eugene Boyd.
Contents
Background ......................................................1
District of Columbia General Provisions: P.L. 107-96 and H.R. 2809.........3
District of Columbia Appropriations Act for
FY2002: Comparison of General Provisions
of P.L. 107-96 and S. 2809
Background
The chronology of District of Columbia Appropriations for FY2003 is as
outlined below. On February 4, 2002, President Bush submitted his budget
recommendations for FY2003. The Administration’s proposed budget included $379
million in federal payments and assistance to the District of Columbia. On May 25,
2002, Mayor Anthony Williams, transmitted to Congress a budget approved by the
city council that totaled $7.3 billion in operating funds and capital outlays, including
$5.7 billion in general operating fund expenditures; $662 million in enterprise funds;
and $931 million in capital outlays. The District budget, which must be approved by
Congress, requests $698.4 million in special federal payments for courts, corrections,
and other activities. On July 26, 2002, the Senate Appropriations Committee reported
S. 2809, the Senate version of the District of Columbia Appropriations Act for
FY2003. The Senate Appropriations Committee recommends an appropriation of
$517 million in special federal assistance to the District of Columbia, including $15
million for emergency and security management. This is $138 million more than the
$379 million requested by the Administration. On September 17, 2002, the city’s
CFO released official financial projections showing a potential deficit of $323
million for FY2003. Congress set an October 1, 2002, deadline for the city to
develop a plan of action on the deficit, which may include a combination of tax
increases, budget cuts, and the use of reserve funds.
Differences exist between the general provisions of S. 2809 and those of the
District of Columbia Appropriations Act for FY2002, P.L. 107-96. The Senate
Appropriation bill continues a trend established by last year’s appropriations act,
which included 25 fewer general provisions; 41 down from 67 in the FY2001
appropriations. This year’s Senate Appropriations Committee version of bill
includes 5 fewer provisions and provides for expanded local autonomy. It would
continue to allow the District to use its funds to implement the city’s Health Care
Benefits Expansion Act (this provision was first approved in the FY2002
appropriations act), and removes penalties for teenage smoking, restrictions on the
use of District funds for needle exchange programs, and provisions limiting city
involvement in court challenges aimed at providing city residents with voting
representation in Congress. The Act maintains prohibitions and restrictions on the
use of federal and District funds for abortions, except in cases of rape or incest; and
medical marijuana.
In previous years, city officials had complained to past Administrations and the
leadership of Congress about the inclusion of a number of social riders dealing with
such issues as abortion, medical marijuana, domestic partners health insurance
expansion, and needle and syringe exchange programs. They asserted that such riders
interfered with the right of District residents to make their own policy decisions, and
violated the spirit of home rule. Proponents of social riders counter that such
provisions are within the powers of Congress under Article I, Section 8, of the
Constitution, which conveys to Congress exclusive legislative control over the
District of Columbia. In addition, supporters of specific social riders, such as the
prohibition against the implementation of the District’s domestic partners health care
expansion program, contend that they are intended to protect the institution of
marriage, or, in the case of medical marijuana and needle exchange programs,
prohibit government sanctioning of illegal drug use.
The following is a side-by-side comparison of the general provisions of the
District of Columbia Appropriations Act for FY2003, P.L. 107-96, and the Senate
bill S 2809. House and conference provisions will be added when the legislation is
reported out of the respective committee. This comparison follows the structure of
P.L. 107-96. Any identical or equivalent Senate language that may not share the
same section number as corresponding P.L.107-96 provisions is identified in the
same row as its P.L. 107-96 counterpart. Provisions included in P.L. 107-96, but not
included in S. 2809, are highlighted in gray. For detailed information on proposed
funding levels and summaries of key policy issues see the following CRS report:
Appropriations for FY2003: District of Columbia, RL31313, by Eugene Boyd.
District of Columbia General Provisions:
P.L. 107-96 and S. 2809
P.L. 107-96S. 2809HouseConference
Prohibition Against Deficit Spending. The provision prohibits deficitSec. 101. Identical to provision in P.L. 107-96.
by limiting spending to not more than the amount specifically
Payment of Travel and Dues Related Expenses. The provision allowsSec. 102. Identical to provision in P.L. 107-96.
Act to be used for travel and dues-related expenses of
ations concerned with the work of the District when approved by the mayor,
the chair of the city council in the case of travel and dues related to the
council.
Payment of Judgments. The provision allows District funds to be used toSec. 103. Identical to provision in P.L. 107-96.
ments against the city. The provision does not affect or modify Sec. 11(c)
iki/CRS-RL31592I of the District of Columbia Income and Franchise Tax Act of 1947ode, sec. 47-1812.11(c)(3), a provision governing credits and refunds for
g/wments of District taxes.
s.or
leakProhibition Against the Carryover of Appropriated Funds. The provisionSec. 104. FY2003 language identical to
to expend funds appropriated for FY2002 during that fiscal year,provision in P.L. 107-96.
://wikiided by another provision of this act.
http
Use of Public Schools. The act allows public schools to be used forSec. 105. Identical to provision in P.L. 107-96.
unity or partisan political activities during non-school hours.
Congressional Inspection of Personnel Records. The personnel recordsSec. 106. Identical to provision in P.L. 107-96.
ployed by the District government would be made available for
House and Senate authorization and appropriations subcommittees,
bia City council.
Prohibition on the Use of Funds for Lobbying. Prohibits the city fromSec. 109. Identical to provision in P.L. 107-96.
or federal funds to defeat any legislation pending before Congress or any
islature. Allows the use of District funds for lobbying except in instances
ing the promotion or support of any boycott or activities in support of
oting representation in Congress. See Sec. 124.
P.L. 107-96S. 2809HouseConference
Capital Borrowing Plan. Requires the mayor to develop an annual capitalSec. 108. Identical to provision in P.L. 107-96.
s borrowing plan. The plan is to include quarterly and project information.
ayor is to report to the city council and Congress on actual and projected
.
Prohibition on the Reprogramming of Funds. Prohibits the DistrictSec. 109. Identical to provision in P.L. 107-96.
ent from reprogramming federal and District funds appropriated under the
en specific activities. Funds could not be reprogrammed in order to:
programs;
ram or project;
e allocations specifically denied, limited, or increased by
ities or personnel in areas where funds have been denied or
for any project previously deferred through reprogramming;
programs or projects by reprogramming funds that exceed $1
iki/CRS-RL31592 program’s funding;
g/wreater increase in personnel assigned to a specific project.
s.oray be reprogrammed after congressional review by House and Senate
leakmittees. Limits the transfer of reprogrammed funds to not more
://wiki
http Limitation on the Use of Appropriated Funds. Limits the use of funds toSec. 110. Identical to provision in P.L. 107-96.
ities or objects for which the appropriations were made except as otherwise
law.
Merit Personnel Act Responsibility of the Mayor. States that the mayorSec. 111. Identical to provision in P.L. 107-96.
inistration of personnel function of employees under
’s merit pay personnel code. In determining employee compensation, the
of the District of Columbia Government Comprehensive Merit Personnel
.
City Council Review of Revised Revenue Estimates. Requires the mayorSec. 112. City Council Review of Revised
it to the City council revised revenue estimates for the first quarter ofRevenue Estimates. Requires the mayor to
s after the first quarter of FY2002. submit to the City council revised revenue
estimates for the first quarter of FY2003 not later
than 30 days after the first quarter of FY2003.
P.L. 107-96S. 2809HouseConference
Sole Source Contracts. Prohibits sole source contracts for services unlessSec. 113. Identical to provision in P.L. 107-96.
e bidding is not feasible and the contract has been approved by the control
D.C. Code, sec. 1-1183.3.
Sequestration under the Balanced Budget. In order to comply withSec. 114. Identical to provision in P.L. 107-96.
et and Emergency Deficit Control Act of
under a District of Columbia appropriations act are
each account and not the aggregate total of those accounts.
Gifts and Donations. Allows District government agencies and officialsSec. 115. Identical to provision in P.L. 107-96.
ifts and donations in FY2000 only if:
the mayor approves, (this provision does not apply in cases of gifts or
donation to the city council);
the gift or donation is used to carry out an agency function;
the government entity receiving the gift or donation keeps records of all
gifts and donations available for audit and public inspection.
iki/CRS-RL31592 to the Board of Education.
g/wProhibits the Use of Funds for Statehood Lobbying. Prohibits the use ofSec. 116. Identical to provision in P.L. 107-96.
s.orment of expenses related to the offices of U.S. Senate or
leakouse of Representative under the District of Columbia Statehood Constitution
e.
://wiki
httpAbortion. Prohibits the use of funds for abortion services except in casesSec. 117. Identical to provision in P.L. 107-96.
other’s health is endangered.
Health Care Benefits Expansion Act. Prohibits the use of federal fundsSec. 118. Identical to provision in P.L. 107-96,
ent the Health Care Benefits Expansion Act of 1992, which extendswhich prohibits the use of federal funds, but
al, employment, and government benefits to unmarried couples, includingallows the use of District funds.
P.L. 107-96S. 2809HouseConference
Acceptance of Grant Funds Not Included in Ceiling. The mayor, afterSec. 119. Identical to provision in P.L. 107-96.
lting with the CFO, may accept and expend grants from private and federal
iation. Such gifts may be accepted and
after the CFO has submitted to the city council a detailed report
such grants. The city council has 14 days after receipt of the report to
and approve its acceptance or to file a resolution of disapproval. The Council
r days from initial receipt of the report from the CFO to act on a
al. The provision:
prohibits the city from expending city funds in anticipation of a grant
award;
requires the CFO to submit to the city council and House and Senate
Appropriations Committees detailed reports regarding all federal and
private grants approved under this section.
of City Vehicles. Limits a District employee’s use of official vehiclesSec. 120. Identical to provision in P.L. 107-96
ance of official duties. Grants four exceptions:except inventory of all vehicles owned, leased or
iki/CRS-RL31592police officer may use police vehicles to travel to and from work and homeoperated by the city is due November 15, 2002..
g/w if the officer resides in the District of Columbia, or is granted permission
s.or the Chief of Police;
leakployee of the Fire and Emergency Ambulance Department who resides
;
://wikiayor; and
http council.
it an inventory of all vehicles owned, leased or operated
overnment by November 15, 2001. Does not specify to whom the
is to be submitted. Includes an additional provision that requires the
sis for the procurement of all goods and services in
goods and services being acquired by CIO, CFO, and
politan Police. In conducting such analysis the District is to compare costs
ent regulations and procedures with those applicable under
schedules.
Special Education Evaluation Time Frame. This provision requires thatSec. 121. Identical to provision in P.L. 107-96.
plete an evaluation of students who may be in need of special
ices within 120 days of the student’s referral, and to place students
federal law (Individuals with Disabilities
ct (20 U.S.C. 1401(a)(1)) or the Rehabilitation Act of 1973 29 U.S.C.
rams.
P.L. 107-96S. 2809HouseConference
Buy American Act. Encourages District government to comply with theSec. 122. Identical to provision in P.L. 107-96.
erican Act 41 U.S.C. 10a-10c). Includes a sense of the Congress provision
ing the purchase of American made products.
Inspector General Audits. Only the District of Columbia InspectorSec. 123. Identical to provision in P.L. 107-96.
ay conduct and certify agency audits in compliance with the District of
bia Procurement Practices Act of 1985 (D.C. Code, sec. 1-1182.8(a)(4).
Voting Representation Cost Prohibition. Prohibits the use of federal andSec. 124. Voting Representation Cost
funds for the corporation counsel, to cover the cost of courtProhibition. Prohibits the use of federal, but not
es aimed at providing city residents with voting representation in Congress.District, funds to cover the cost of court
challenges aimed at providing city residents with
voting representation in Congress.
Needle Exchange Program. Prohibits the creation and funding of a needleSec. 125. Needle Exchange Program. Allows
e program with federal or District government funds. Such programs maythe use of District funds for such programs, but
ith private funds and must be accounted for separately.prohibits the use of federal government funds.
iki/CRS-RL31592Requires entities administering needle exchange
g/wprograms to track program funds used for such
s.oractivities separately from any funds appropriated
leakunder this act.
://wikiCFO Certifications. Funds may not be used to pay agency CFOs 60 daysSec. 126. Identical to provision in P.L. 107-96.
httpe of this Act if the agency CFO has not filed a statement with the
and CFO of the District certifying that the agency CFO understands and will
the duties and restrictions of his office.
Medical Marijuana Initiative. Prohibits the use of federal or DistrictSec. 127. Identical to provision in P.L. 107-96.
in carrying out any law or regulation that legalizes or reduces the penalty for
substance, including the medical use of marijuana.
plementation of citizen approved medical marijuana initiative.
Conscience Clause Covering Contraceptive Coverage in Private HealthSec. 128. Identical to provision in P.L. 107-96.
The provision requires the inclusion of a conscience clause allowing
ers to exclude contraceptive coverage in the employer’s health insurance
oral or religious reasons.
P.L. 107-96S. 2809HouseConference
Prompt Payment of Appointed Counsel. Requires the DC Court ofSec. 129. Covers claims received during fiscal
ake payment to counsel representing indigent persons, and children inyear 2003 and unpaid claims that remained at
ithin 45 days of receiving a payment voucher. Failure tothe end of fiscal year 2002.
payment within the 45-day time period would require the DC Court of
interest to the attorneys representing indigent persons, and children
lect and abuse cases. Requires the Court to establish standards for the
pleted vouchers. Covers claims received during fiscal year 2002
s that remained at the end of fiscal year 2001.
Teenage Smoking. Bans possession of tobacco by minors and imposesNot included in this bill.
munity service, and revocation of driving privileges. Provides $100,000
enforcement activities.
Budget-linked Quality of Life Factors. Identifies a number of quality-of-Sec. 130. Identical to Sec. 131 of P.L. 107-96.
cterize the city’s deficiencies in the areas of crime,
anagement of public services. Directs the mayor to submit
iki/CRS-RL31592 reports to House and Senate appropriation and oversight committees.
g/wCorporation Counsel Review of Private Lawsuits. The provision permitsSec. 131. Identical to Sec. 132 of P.L. 107-96.
s.oriew and comment on briefs in lawsuits filed
leakate citizens, and to consult government officials regarding such lawsuits. This
suits seeking voting representation in Congress.
://wiki
http
P.L. 107-96S. 2809HouseConference
Emergency Cash Reserve and Contingency Reserve Funds. RequiresNot included in this bill.
reserve of $120 million in FY2002, and $70 million in FY2003. For each of
ears 2004 and 2005 the District must maintain a cumulative cash reserve of
illion. Outlines the conditions under which budget and cash reserves may be
CFO certification that funds are available;
amounts are to be obligated or expended in accordance with laws
enacted by city council;
prohibition on the use of funds for agencies under court ordered
receivership; and
only after House and Senate Appropriations Committees have
been notified by the mayor in writing 30 days in advance of any
obligation or expenditure.
en from the reserve be replenished in order to maintain required
ransfers all funds in the $150 million budget reserve created under Sec.
iki/CRS-RL31592Emergency and Contingency Reserve Funds established under Sec.522.
g/w
s.orIntegrated Products Team. Prohibits the appropriation of funds for theNot included in this bill.
leakated Product Team. The city has approved a reorganization plan for the team
ices Administration
://wiki
http Revised Operating Budget Submission. Requires the CFO to submit toSec. 132. Identical to Sec. 135 of P.L. 107-96
mittees of Congress, the mayor, and the city council a revised
ds operating budget budget no later than 30 days after the
ent of this act. The revised budget should reflect anticipated actual
ear.
City Council Chairman Compensation. Eliminates the provisionNot included in this bill.
l compensation to the chairman of
council above the amount of compensation provided to other council
onal compensation to chairman of the city council
ensation paid to the mayor.
Risk Management for Settlements and Judgments. Allows anySec. 133. Identical to Sec. 137 of P.L. 107-96.
t government agency to pay a settlement or judgement stemming from
ceed $10,000.
P.L. 107-96S. 2809HouseConference
Closing of Certain Streets. Waives the period of congressional review forndNot included in this bill.
of portions of 2 and N Streets, NE.
Boy Scouts. Prohibits the use of District or federal funds for payment toSec. 134. Identical to Sec. 139 of P.L. 107-96.
by the District’s Commission on Human Rights related
Scout’s policy prohibiting homosexuals from serving as scout leaders.
Attorney’s Fees for Special Education. Prohibits the use fundsNot included in this bill.
appropriation acts from being used to pay
’s associated with representing disabled students fees incurred prior to the
ent of this act. Requires the DC public school system to submit to Congress
lists all judgments against the DC public schools under the Individuals
isabilities Education Act (IDEA). The report is to be submitted within 60
ent of this act and is to include detailed information for each of the
ount paid and owed plaintiffs’attorneys and attorneys
the school board.
iki/CRS-RL31592GAO Report on Attorney’s Fees for Special Needs Students. Directs GAO,Not included in this bill.
g/wassistance of relevant agencies and House and Senate subcommittees on DC
s.orersight, to submit by March 31, 2002,. a report to the House
leakenate appropriations and oversight committees detailing the awards in
ent rendered in the District of Columbia that were in excess of the cap
://wiki prior appropriations acts in effect during the fiscal year when the work
httped, or when payment was requested for work previously performed, in
ht against the District of Columbia Public Schools under the
duals with Disabilities Education Act (20 U.S.C. §1400 et. seq.).