District of Columbia Appropriations for FY2004: Comparison of General Provisions of P.L. 108-7 and the House and Senate Versions of H.R. 2765

CRS Report for Congress
District of Columbia
Appropriations Act for FY2004:
Comparison of General Provisions of P.L. 108-7
and the House and Senate Versions of H.R. 2765
Updated October 23, 2003
Eugene Boyd
Analyst in American National Government
Government and Finance Division


Congressional Research Service ˜ The Library of Congress

District of Columbia Appropriations Act for FY2004:
Comparison of General Provisions of P.L. 108-7 and
the House and Senate Versions of H.R. 2765
Summary
This report summarizes the general provisions of the District of Columbia
Appropriations Act for FY2003 (Sec. 2, Division C, of P.L. 108-7) and the District
of Columbia Appropriations Act for FY2004 (H.R. 2765, as approved by the House,
and S. 1583 (now H.R. 2765), as reported by the Senate Appropriations Committee).
The report will be updated to reflect the conference version of the bill as it moves
through the legislative process. This report only briefly summarizes proposed
FY2004 funding recommendations for the District. For detailed information on
FY2004 proposed funding levels and analysis of key policy issues included in House,
Senate, and conference versions of the District of Columbia’s FY2004
Appropriations Act, the reader is advised to see CRS Report RL31813,
Appropriations for FY2004: District of Columbia, by Eugene Boyd.
On September 4, 2003, the Senate Appropriations Committee reported S. 1583,
the District of Columbia Appropriations Act for FY2004 (S.Rept. 108-142). The
Committee recommended approval of the city’s $5.7 billion operating budget and
recommended $545 million in special federal payments to the city. On September
9, 2003, the House of Representatives approved H.R. 2765, its version of the District
of Columbia Appropriations Act for FY2004 (H.Rept. 108-214). The House bill
recommended $466 million in special federal payments for the District of Columbia
and recommended approval of the District’s $5.7 billion operating budget for
FY2004. Both bills include a number of general provisions. Table 1 is a section-by-
section comparison of the general provisions of P.L. 108-7 and the House and Senate
versions of H.R. 2765.
These general provisions, which can be grouped into five categories, address
fiscal and budgetary matters; impose administrative controls; facilitate congressional
oversight and reporting; limit use of appropriated funds for advocacy of
congressional voting rights for District residents; and impose limits, restrictions, and
prohibitions on the use of federal or local funding to carry out specific social policies
(see Table 2). For instance, both bills would continue to (1) allow the District to use
its local, but not federal, funds to administer a domestic partners health insurance act
approved by the city in 1992; (2) prohibit the use of District or federal funds to
prepare and implement a medical marijuana ballot initiative; and (3) restrict the use
of federal or District funds for abortion services except in instances of rape or incest
or a threat to the mother’s health. The House version of H.R. 2765 would continue
to prohibit the use of local and federal funding for a needle exchange program, while
the Senate version would prohibit the use of only federal funds for such activities.
The bills also include fiscal and budgetary controls prohibiting deficit spending,
limiting the reprogramming of funds, requiring the District to conduct cost analysis
for the procurement of all items or services in excess of $2,500, prohibiting the use
of sole source contracts, and detailing sequestration protocols. This report will be
updated as warranted to reflect additional House, Senate, and conference action.



Contents
Background ......................................................1
List of Tables
Table 1. District of Columbia General Provisions: P.L. 108-7 and
House and Senate Versions of H.R. 2765...........................4
Table 2. H.R. 2765 General Provisions by Selected Classification:
House and Senate Versions.....................................15



District of Columbia Appropriations Act for
FY2004: Comparison of General Provisions
of P.L. 108-7 and the House and Senate
Versions of H.R. 2765
Background
This report summarizes the general provisions of the District of Columbia1
Appropriations Act. When enacting appropriations for the District of Columbia,
Congress has typically included a number of general provisions. Table 1, which
follows, is a side-by-side comparison of the general provisions of the District of
Columbia Appropriations Act for FY2003 (Sec. 2, Division C, of P.L. 108-7), the
House-passed version of H.R. 2765, and the Senate version of the bill (formerly S.
1583), as approved by the Senate Appropriations Committee. Conference provisions
for FY2004 will be added when the legislation is reported out of the conference
committee.
This comparison follows the structure of P.L. 108-7. Identical or equivalent
legislative language that does not share the same section number as the
corresponding P.L.108-7 provision is identified in the same row as its P.L. 108-7
counterpart. Provisions included in P.L. 108-7, but not included in the House or
Senate versions of H.R. 2765, are highlighted in gray.
Article I, Sec. 8, Clause 17 of the Constitution grants Congress exclusive
legislative control over the District of Columbia. City officials have objected to
inclusion of a number of general provisions as intrusive and counter to the spirit of
home rule, and have sought to reduce their number and scope. In the most recent
past, Congress has reduced the number of general provisions included in the District
of Columbia Appropriations Acts. The House bill continues a trend established in
the FY2002 District of Columbia Appropriations Act, which included 26 fewer
general provisions than the 67 included in the FY2001 District of Columbia
Appropriations Act. This year’s House version of the bill includes 35 general
provisions, 11 fewer than the 46 included in the FY2003 District of Columbia
Appropriations Act. The Senate Appropriations Committee version of the bill
includes 41 general provisions, only five fewer than included in the FY2003
Appropriations Act. The Senate bill also includes authorizing language (Title II of
S. 1583) that would establish a school voucher program for the District of Columbia.


1 For detailed information on proposed funding levels and summaries and analysis of key
policy issues, see CRS Report RL31813, Appropriations for FY2004: District of Columbia,
by Eugene Boyd.

The general provisions included in the House and Senate versions of H.R. 2765
can be grouped into five distinct but overlapping categories. These include
!fiscal and budgetary directives and controls;
!administrative directives and controls;
!congressional oversight and reporting;
!limitations on lobbying for statehood or congressional voting
representation; and
!congressionally imposed restrictions and prohibitions related to
social policy.
Table 2 groups the provisions of House and Senate versions of H.R. 2765 within
these five categories. Some of the provisions may appear in more than one category.
The most controversial provisions are those related to social policy. Both bills
would continue to prohibit and restrict the use of federal and District funds for
abortion services and medical marijuana. The House version of H.R. 2765 would
prohibit the use of federal and District funds for a needle exchange programs to aid
in preventing the spread of AIDS and HIV. Its Senate counterpart would also
prohibit the use federal funds, but would allow the use of District funds for such
activities. In addition, the House version of H.R. 2765 includes a provision that
would prohibit the District from using city or federal funds appropriated in FY2004
to appeal a court decision adversely affecting the city’s gun manufacturer’s liability
law.2 This law holds that anyone who manufactures, imports, or sells an assault
weapon or high-capacity semi-automatic firearm is strictly liable for all direct and
consequential damages that arise from bodily injury or death caused by the weapon
in the District. The city is pursuing an appeal after the case was dismissed by the
Superior Court under District of Columbia, et al., v. Beretta U.S.A. (Nos. 03-CV-24,

03-CV-38, District of Columbia Court of Appeals).


In previous years, city officials have objected to the inclusion of a number of
social riders dealing with such issues as abortion, medical marijuana, domestic3
partners health insurance expansion, and needle 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 have
argued 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.


2 The District of Columbia Assault Weapons Manufacturing Strict Liability Act of 1990.
3 H.R. 2765 would allow the use of District funds to administer the Health Care Benefits
Expansion Act of 1992. Congress first lifted the prohibition on the use of District funds to
administer the program in the FY2002 District of Columbia Appropriations Act.

The Senate bill would increase local budget autonomy by allowing the city to
increase a city budget account by no more than 25% as a result of unanticipated
growth in revenue collections upon certification by the CFO and notification to the
House and Senate Appropriations Committees. In addition, the District’s
appropriations may be increased by no more than $15 million through the use of a
reserve fund. The reserve fund may only be used for unanticipated one-time
expenditures, for potential deficits, for debt reduction, for unanticipated program
needs, or to cover revenue shortfalls. Reserve funds may not be used to fund
agencies under court-ordered receivership. The mayor must notify House and Senate
Appropriations Committees 30 days in advance of any obligation or expenditure of
reserve funds.
The chronology of District of Columbia appropriations for FY2004 is as
outlined below. On February 3, 2003, President Bush submitted his budget
recommendations for FY2004, including $420.5 million in special federal payments
for selected activities in the District of Columbia. On June 3, 2003, Mayor Anthony
Williams transmitted the city’s FY2004 budget request to the President for review.
The budget, which was forwarded by the President to Congress on July 9, 2003,
must be approved by Congress before the city may expend locally raised revenues or
federally appropriated funds. The city’s budget request included $5.7 billion in
general operating fund expenditures funded by locally raised revenues, federal
formula and competitive grants where the District meets the requirements for
eligibility, and other sources including foundation funding and investments. The
District also requested $915.9 million in special federal appropriations.
On July 17, 2003, the House Appropriations Committee reported H.R. 2765, the
District of Columbia Appropriations Act for FY2004. The Committee approved the
city’s $5.7 billion proposed operating budget for FY2004 and recommended an
appropriation of $466 million in special federal assistance to the District of
Columbia. The Committee also included 35 general provisions in H.R. 2765. On
September 4, the Senate Appropriations Committee reported S. 1583, its version of
the District of Columbia Appropriations Act for FY2004, and recommended an
appropriation of $545 million in special federal assistance to the District of
Columbia. The Committee also included 41 general provisions in S. 1583. On
September 9, 2003, the House considered and passed H.R. 2765. It passed H.Amdt.
368, which would authorize a $10 million school choice program. The program
would provide qualifying low-income parents of students in underperforming District
of Columbia public schools with $7,500 in scholarship funds to be used to cover
tuition, fees, and transportation costs associated with attending private elementary
and secondary schools. On September 24, 2003, the full Senate began consideration
of its version of the District of Columbia Appropriations Act for FY2004 by striking
all but the enacting clause of the House bill (H.R. 2765), and inserting the language
of S. 1583.



Table 1. District of Columbia General Provisions: P.L. 108-7 and House and Senate Versions of H.R. 2765
P.L. 108-7House Version of Senate Version of H.R. 2765Conference
H.R. 2765(formerly S. 1583) (Not yet
reported)
ec. 101. Prohibition Against Deficit Spending. The provision prohibits deficitSec. 101. Identical to Sec. 101 ofSec. 101. Identical to Sec. 101 of
ending by limiting spending to not more than the amount specificallyP.L. 108-7.P.L. 108-7.
ated.
ec. 102. Payment of Travel and Dues Related Expenses. The provision allowsSec. 102. Identical to Sec. 102 ofSec. 102. Identical to Sec. 102 of
unds appropriated under this Act to be used for travel and dues-relatedP.L. 108-7.P.L. 108-7.
penses of organizations concerned with the work of the District when
ed by the mayor, and by the chair of the city council in the case of travel
d dues related to the activities of the city council.
c. 103. Payment of Judgments. The provision allows District funds to beSec. 103. Identical to Sec. 103 ofSec. 103. Identical to Sec. 103 of
sed to pay judgments against the city. The provision does not affect orP.L. 108-7.P.L. 108-7.
odify Sec. 11(c) of Title XII of the District of Columbia Income and
iki/CRS-RL32045ranchise Tax Act of 1947 (D.C. Code, sec. 47-1812.11(c)(3), a provisionoverning credits and refunds for overpayments of District taxes.
g/w
s.orec. 104. Prohibition Against the Carryover of Appropriated Funds. TheSec. 104. FY2004 languageSec. 104. FY2004 language
leakrovision requires the city to expend funds appropriated for FY2003 duringequivalent to Sec. 104 of P.L. 108-7.equivalent to Sec. 104 of
at fiscal year, unless provided by another provision of this act. P.L. 108-7.
://wikiec. 105. Use of Public Schools. The act allows public schools to be used forSec. 105. Identical to Sec.105 ofSec. 105. Identical to Sec.105 of
httpmmunity or partisan political activities during non-school hours.P.L. 108-7.P.L. 108-7.
ec.106. Congressional Inspection of Personnel Records. The personnelSec. 106. Identical to Sec.106 of Sec. 106. Identical to Sec.106 of
ecords of all persons employed by the District government would be madeP.L. 108-7.P.L. 108-7.
ailable for inspection by House and Senate authorization and appropriations
bcommittees, and the District of Columbia City Council.
ec. 107. Prohibition on the Use of Funds for Lobbying. Prohibits the citySec. 107. Identical to Sec. 107 of Sec. 107. Prohibits the city from
om using city or federal funds to defeat any legislation pending beforeP.L. 108-7. using federal funds for publicity or
ongress or any state legislature. Allows the use of District funds for lobbyingpropaganda purposes to defeat any
cept in instances involving the promotion or support of any boycott orlegislation pending before Congress
ities in support of statehood for the District or voting representation inor any state legislature, including
ngress. Allows elected officials to advocate for statehood or votingfunds in support of boycotts.


epresentation in Congress.

P.L. 108-7House Version of Senate Version of H.R. 2765Conference
H.R. 2765(formerly S. 1583) (Not yet
reported)
. 1583 modifies Sec. 107 of this Act. Not included in the billSec. 108. Lobbying and Advocacy
Activities of Elected Official.
Prohibits the use of federal funds
for lobbying activities. Allows the
District’s elected officials to
advocate with respect to any issue
including statehood and voting
representation in Congress
ec. 108. Capital Borrowing Plan. Requires the mayor to develop an annualNot included in the bill.Not included in the bill.
apital outlays borrowing plan. The plan is to include quarterly and project
formation. The mayor is to report to the city council and Congress on actual
d projected spending.
ec. 109. Prohibition on the Reprogramming of Funds. Prohibits the DistrictSec. 108. Identical to Sec. 109 ofSec. 109. Identical to Sec. 109 of
overnment from reprogramming federal and District funds appropriated underP.L. 108-7.P.L. 108-7.
iki/CRS-RL32045e Act for seven specific activities. Funds cannot be reprogrammed in order
g/w:
s.orcreate new programs;
leakeliminate a program or project;
establish or change allocations specifically denied, limited, or increased by
://wikiCo ngr e ss;
httpincrease funds for activities or personnel in areas where funds have beendenied or restricted;
re-establish funding for any project previously deferred through
reprogramming;
augment existing programs or projects by reprogramming funds that exceed
$1 million or 10% of the existing programs funding;
achieve a 20% or greater increase in personnel assigned to a specific project.
unds may be reprogrammed after congressional review by House and Senate
ppropriations Committees. Committees must be notified in writing 30 days
n advance of reprogramming. Limits the transfer of reprogrammed funds to
ot more than 4% of the local funds in the appropriations.
ec. 110. Limitation on the Use of Appropriated Funds. Limits the use ofSec. 109. Identical to Sec. 110 ofSec. 110. Identical to Sec. 110 of
unds to the activities or objects for which the appropriations were made exceptP.L. 108-7.P.L. 108-7.


otherwise provided by law.

P.L. 108-7House Version of Senate Version of H.R. 2765Conference
H.R. 2765(formerly S. 1583) (Not yet
reported)
ec. 111. Merit Personnel Act Responsibility of the Mayor. States that theSec. 110. Identical to Sec. 111 ofSec. 111. Identical to Sec. 111 of
ayor shall be responsible for the administration of personnel function ofP.L. 108-7.P.L. 108-7.
ployees under the citys merit pay personnel code. In determining employee
mpensation, the provisions of the District of Columbia Government
omprehensive Merit Personnel Act of 1978 shall apply.
ec. 112. City Council and Congressional Review of Revised RevenueSec. 111. Equivalent to Sec. 112 ofSec. 112. Equivalent to Sec. 112 of
tes. Requires the mayor to submit to the city council revised revenueP.L. 108-7. Covers the FY2004P.L. 108-7. Covers the FY2004
timates for the first quarter of FY2003 not later than 30 days after the firstbudget year. Estimates are be usedbudget year. Estimates are be used
uarter of FY2003. Estimates are to be used for budget request for FY2004.for budget request for FY2005.for budget request for FY2005.
ec. 113. Sole Source Contracts. Prohibits sole source contracts for servicesSec. 112. Identical to Sec. 113 ofSec. 113. Identical to Sec. 113 of
nless competitive bidding is not feasible and the contract has been approvedP.L. 108-7.P.L. 108-7.
the CFO.
ec. 114. Sequestration under the Balanced Budget. In order to comply withSec. 113. Identical to Sec. 114 ofSec. 114. Identical to Sec. 114 of
iki/CRS-RL32045equestration order under Balanced Budget and Emergency Deficit Control Act 1985, federal funds appropriated under a District of Columbia appropriationsP.L. 108-7.P.L. 108-7.
g/wequestered from each account and not the aggregate total of those
s.ornts.
leak
115. Gifts and Donations. Allows District government agencies andNot included in the bill.Sec. 115. Identical to Section 115
://wikificials to accept gifts and donations in FY2003 only if: of P.L. 108-7. Applies to FY2004.
httpthe 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.
his section does not apply to the Board of Education.
ec. 116. Prohibits the Use of Federal Funds for Statehood Lobbying.Sec. 114. Identical to Sec. 116 ofSec. 116. Identical to Sec. 116 of
rohibits the use of federal funds for the payment of expenses related to theP.L. 108-7.P.L. 108-7.
fices of U.S. Senate or U.S. House of Representative under the District of
olumbia Statehood Constitution Initiative.
ec. 117 Abortion Restrictions. Prohibits the use of federal and District fundsSec. 115. Identical to Sec. 117 ofSec. 117. Identical to Sec. 117 of
or abortion services except in cases of rape, incest, or when the mother’sP.L. 108-7.P.L. 108-7.


ealth is endangered.

P.L. 108-7House Version of Senate Version of H.R. 2765Conference
H.R. 2765(formerly S. 1583) (Not yet
reported)
ec. 118. Health Care Benefits Expansion Act. Prohibits the use of federalSec. 116. Identical to Sec. 118 of Sec. 118. Identical to Sec. 118 of
unds to implement the Health Care Benefits Expansion Act of 1992, whichP.L. 108-7.P.L. 108-7.
xtends medical, employment, and government benefits to unmarried couples,
ncluding homosexuals.
ec. 119(a). Acceptance of Grant Funds Not Included in Ceiling. The mayor,Sec. 117. Identical to Sec. 119 ofSec. 119. Identical to Sec. 119 of
ter consulting with the CFO, may accept and expend grants from private andP.L. 108-7.P.L. 108-7.
ederal sources that are not part of this appropriation. Such gifts may be
ted and expended only after the CFO has submitted to the city council a
arding such grants. The city council has 14 days after receipt
the report to review and approve its acceptance or to file a resolution of
isapproval. The Council has 30 calendar days from initial receipt of the report
rom the CFO to act on a resolution of disapproval. 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
iki/CRS-RL32045Appropriations Committees detailed reports regarding all federal and privategrants approved under this section.
g/w
s.orc. 120. Use of City Vehicles. Limits a District employee’s use of citySec. 118. Equivalent to Sec. 120 ofSec. 120. Equivalent to Sec. 120 of
leakehicles only to performance of official duties. Grants four exceptions:P.L. 108-7. (The CFO is to submit aP.L. 108-7. (The CFO is to submit a
a police officer may use police vehicles to travel to and from work andvehicle inventory by March 1, 2004.)vehicle inventory by March 1, 2004.)
://wikihome only if the officer resides in the District of Columbia, or is granted
httppermission by the Chief of Police;an employee of the Fire and Emergency Ambulance Department who resides
in the District and is on call 24 hours a day;
the mayor; and
chair of the city council.
equires the CFO to submit an inventory of all vehicles owned, leased or
ed by the District government by March 30, 2003. Does not specify to
hom the inventory is to be submitted.
ec. 121. Procurement Ceiling Cost Analysis. Includes a provision that requiresSec. 119. Identical to Sec. 121 ofSec. 121. Identical to Sec. 121 of
he District to conduct a cost analysis for the procurement of all goods andP.L. 108-7.P.L. 108-7.


ervices in excess of $2,500, excluding goods and services being acquired by
O, CFO, and Metropolitan Police. In conducting such analysis the District
to compare costs under District procurement regulations and procedures with
ose applicable under the federal GSA supply schedules

P.L. 108-7House Version of Senate Version of H.R. 2765Conference
H.R. 2765(formerly S. 1583) (Not yet
reported)
ec. 122. Inspector General Audits. Only the District of Columbia InspectorSec. 120. Identical to Sec. 122 ofSec. 122. Identical to Sec. 122 of
eneral in cooperation with the CFO may conduct and certify agency audits inP.L. 108-7.P.L. 108-7.
pliance with the District of Columbia Procurement Practices Act of 1985
.C. Code, sec. 1-1182.8(a)(4).
ec. 123. Voting Representation Cost Prohibition. and Corporation CounselSec. 121. Identical to Sec. 123 ofSec. 123. Identical to Sec. 123 of
of Private Lawsuits. Prohibits the use of federal and District funds,P.L. 108-7.P.L. 108-7.
ncluding funds for the corporation counsel, to cover the cost of court
allenges aimed at providing city residents with voting representation in
ngress. The provision permits the District’s corporation counsel to review
d comment on briefs in lawsuits filed by private citizens, and to consult
overnment officials regarding such lawsuits. This includes lawsuits seeking
ting representation in Congress.
ec. 124. Needle Exchange Program. Prohibits the creation and funding of aSec. 122. Identical to Sec. 124 ofSec. 124. Allows the use of District
eedle exchange program with federal or District government funds. SuchP.L. 108-7.funds for needle exchange program,
iki/CRS-RL32045rams may be funded with private funds and must be accounted forbut continues to prohibit the use of
g/warately.federal funds for such activities.
s.orFunds used for such activities must
leakbe accounted for separately from
funds contained in this act.
://wikiec. 125. CFO Certifications. Funds may not be used to pay agency CFOs 60Sec. 123. Identical to Sec. 125 ofSec. 125. Identical to Sec. 125 of
httpays after the passage of this Act if the agency CFO has not filed a statementP.L. 108-7.P.L. 108-7.
ith the mayor and CFO of the District certifying that the agency CFO
nderstands and will abide by the duties and restrictions of his office.
ec. 126. Medical Marijuana Initiative. Prohibits the use of federal or DistrictSec. 124. Identical to Sec. 126 ofSec. 126. Identical to Sec. 126 of
unds in carrying out any law or regulation that legalizes or reduces the penaltyP.L. 108-7.P.L. 108-7.
or possession of a Schedule I substance, including the medical use of
arijuana. Prohibits the implementation of citizen approved medical
arijuana initiative.
ec. 127. Conscience Clause Covering Contraceptive Coverage in PrivateSec. 125. Identical to Sec. 127 ofSec. 127. Identical to Sec. 127 of
ealth Plans. The provision requires the inclusion of a conscience clauseP.L. 108-7.P.L. 108-7.


ing employers to exclude contraceptive coverage in the employer’s health
surance plan for moral or religious reasons.

P.L. 108-7House Version of Senate Version of H.R. 2765Conference
H.R. 2765(formerly S. 1583) (Not yet
reported)
ec. 128. Prompt Payment of Appointed Counsel. Requires the DC Court ofNot included in this bill. Sec. 128. Identical to Sec. 128 of
ppeals to make payment to counsel representing indigent persons, andP.L. 108-7.
ildren in neglect and abuse cases within 45 days of receiving a payment
oucher. Failure to make payment within the 45-day time period would require
e DC Court of Appeals to pay interest to the attorneys representing indigent
ons, and children in neglect and abuse cases. Requires the Court to
lish standards for the submission of completed vouchers. Covers claims
ed during fiscal year 2003 and any subsequent year.
ec. 129. Budget-linked Quality of Life Factors. Identifies a number of quality-Sec. 126. Identical to Sec. 129 ofSec. 129. Identical to Sec. 129 of
-life indicators that characterize the citys deficiencies in the areas of crime,P.L. 108-7.P.L. 108-7.
cation, corrections, management of public services. Directs the mayor to
ubmit quarterly reports to House and Senate appropriation and oversight
mittees.
ec. 130. Revised Operating Budget Submission. Requires the CFO to submitSec. 127. Identical to Sec. 130 ofSec. 130. Identical to Sec. 130 of
iki/CRS-RL32045o the appropriate committees of Congress, the mayor, and the city council aP.L. 108-7.P.L. 108-7.
g/wised appropriated funds operating budget budget no later than 30 days after
s.ore enactment of this act. The revied budget should reflect anticipated actual
leakpenditures for the fiscal year.
://wikiec. 131. Boy Scouts. Prohibits the use of District or federal funds forment to plaintiffs awarded $50,000 by the Districts Commission on HumanSec. 128. Identical to Sec. 131 ofP.L. 108-7.Sec. 131. Identical to Sec. 131 ofP.L. 108-7.
httphts related to Boy Scout’s policy prohibiting homosexuals from serving as
cout leaders.
ec. 132. Restrictions on the Transfer of Appropriated Funds. None of theSec. 129. Identical to Sec. 132 ofSec. 132. Identical to Sec. 132 of
unds appropriated under this act may be transferred to an agency of the UnitedP.L. 108-7.P.L. 108-7.
Government except as provided in this or another appropriations act.
ec. 133. Risk Management for Settlements and Judgments. Allows anySec. 130. Identical to Sec. 133 ofSec. 133. Identical to Sec. 133 of
ict government agency to pay a settlement or judgement stemming fromP.L. 108-7.P.L. 108-7.
or lawsuit that does not exceed $10,000.
. Transfer of Crime Victims Compensation Funds. Transfers allNot included in this bill.Sec. 134. Identical to Sec. 134 of
treach funds allocated to the city under the Victims of Violent CrimeP.L. 108-7.
ompensation Act of 1996 to the Crime Victims Assistance Fund.
ec. 135. Transfer of Fines Levied for Driving While Intoxicated or Impaired.Sec. 131. Identical to Sec. 135 ofSec. 135. Identical to Sec. 135 of
irects the Court to transfer all fines levied for drunk driving to the generalP.L. 108-7.P.L. 108-7.


easury of the city. Requires the citys corporation counsel to use such funds
or prosecution and enforcement of city traffic laws.

P.L. 108-7House Version of Senate Version of H.R. 2765Conference
H.R. 2765(formerly S. 1583) (Not yet
reported)
ec. 136. Limitation on Budget Amendments in a Non-Control Year. RestrictsNot included in this bill. Not included in this bill.
he reprogramming of budget funds after the adoption of the annual budget In
on-control year funds may be reprogrammed if:(1) the mayor submits a
equest to the city council and the CFO; (2) the CFO certifies the availability
funds for reprogramming accompanied by an analysis of the effect of the
ramming; and (3) there is a concurrent reduction is expenditures in
other activity.
ec. 137. OLRCB Reimbursements in Labor Dispute Cases. Allows DistrictSec. 132. Identical to Sec. 137 ofSec. 136. Identical to Sec. 137 of
encies to transfer funds to the Office of Labor Relations and CollectiveP.L. 108-7.P.L. 108-7.
argaining (OLRCB) for purposes of reimbursement to OLRCB in grievance
es where OLRCB represented the agency.
ec. 138. Long Term Care Insurance for Court Employees. IncludesNot included in this billNot included in this bill
ployees of the District of Columbia Courts under federal long-term care
nsurance program.
iki/CRS-RL32045ec. 139. Transfer of Court Funds for Child Abuse Services. Allows $560,000Not included in this billNot included in this bill
g/w federal payment to the District of Columbia Courts to citys Child and
s.orily Services Agency for child abuse services.
leak
ec. 140. GAO Report on Charter Schools. Establishes a June 2, 2003Not included in this billNot included in this bill
://wikieadline for a GAO report on nationwide efforts to establish adequate charter
httpool facilities including a comparison with efforts in the District of
lumb ia.
ec. 141. Inventory of Surplus Space. Directs the mayor, in consultation withNot included in this billNot included in this bill


e chair of the city council and the General Services Administration to conduct
survey of all city buildings currently held in surplus, including an assessment
f appropriate uses, renovation or construction costs, and potential tenants.
uires the mayor to report to the House and Senate Appropriations
ommittees within 180 days of enactment of this act. Gives assignment of
urplus space to charter schools.

P.L. 108-7House Version of Senate Version of H.R. 2765Conference
H.R. 2765(formerly S. 1583) (Not yet
reported)
ec. 142. Incentives for the Adoption of Children. Establishes performanceNot included in this billNot included in this bill. The bill
dards for the mayor and CFO in undertaking adoption of foster childrenwould appropriate $14 million in
itiative first funded under P.L. 106-113. Within nine months of enactmentspecial federal payments for foster
this act: CFO must certify that at least 50% of the funds for attorney fees andcare improvement activities. (See
ome visits have been expended; the mayor has established an outreachedCRS Report RL31813, Table 1.)
rogram informing potential participants of scholarship funds; establish and
f a resource center for adoptive families; identify at 25% of children in
oster care with special needs and obligate at least 25% of funds for adoptive
ervices under P.L. 106-113 for children with special needs. Requires the
ayor and the city council to provide quarterly reports to House and Senate
ppropriations Committees. Directs the mayor and the Child and Family
ices Agency to increase the number of children on the agencys adoption
oto listing by 75%.
ec. 143. Creation of the Office of Public Charter School Financing andNot included in this billNot included in this bill
iki/CRS-RL32045t. Establishes the Office of Public Charter School Financing andpport under the authority of the Dept. of Banking and Financial Institutions.
g/whe Office is charged with administering the credit enhancement fund, a direct
s.oroan fund for charter school improvement, and support or administer other
leakarter school financing programs. Limits loans under the charter school loan
rogram to $2 million per charter school.
://wiki
httpec. 144. Limitation on Attorney’s fees in IDEA cases. Places a $4,000 ceilingn fees for attorneys representing the DCPS and plaintiffs in actions broughtSec. 133. Identical to Sec. 144 of P.L.108-7, but adds a new subsectionSec. 137. Identical to Sec. 144 ofP.L. 108-7.


nder the Individuals with Disability Education Act Prohibits attorneys inwhich requires the DCPS to increase
DEA actions from having a personal, monetary or legal interest in firms thatthe amount of local funds for IDEA
ide diagnostic services, schools, or other special education services. services during FY 2004 by the
amount of savings resulting from
restrictions on the payment of attorney
fees. The calculation is to be based on
CFO estimates. The CFO is to
provide quarterly estimates of such
savings during FY 2004 and publish
them within 10 days after the end of
each quarter.

P.L. 108-7House Version of Senate Version of H.R. 2765Conference
H.R. 2765(formerly S. 1583) (Not yet
reported)
ec. 145. Attorney Certifications in IDEA Actions. Requires attorneys inSec. 134. Identical to Sec. 145 ofSec. 138. Identical to Sec. 145 of
cases to certify that they have provided any and all services their clientP.L. 108-7.P.L. 108-7.
ed under IDEA. The CFO shall require attorneys to disclose any interest
r relationship with any special education diagnostic service or schools to
hich the attorney referred the client Requires the CFO to prepare a quarterly
eport to House and Senate Appropriations Committee on attorneys fees paid
n cases brought under IDEA. Directs the Districts Inspector General to
duct investigations to ensure accuracy of the certifications.
ec. 146. Charter School Fund Capitalization. Amends the act creatingNot included in this billNot included in this bill
ict public charter schools to include the establishment of the New Charter
ool Fund. Provides for a $5 million initial capitalization and any additional
nexpended and unobligated local funds appropriated in FY2002 and FY2003.
nds may be used to compensate a charter school for enrollment that exceeds
e initial enrollment which served as the bases for determining the schools
iki/CRS-RL32045nnual payment.
g/wo comparable provisionSec. 135. Gun Manufacturers LiabilityNo comparable provision


s.orAct. The provision prohibits the city
leakfrom using of federal and local funds
appropriated in FY2004 in support of
://wikia lawsuit intended to enforce the
httpDistrict of Columbia Assault WeaponsManufacturing Strict Liability Act of
1990. This law holds that anyone
who manufactures, imports, or sells an
assault weapon or high-capacity semi-
automatic firearm is strictly liable for
all direct and consequential damages
that arise from bodily injury or death
caused by the weapon in the District.
The city is pursuing an appeal after
the case was dismissed by the
Superior Court under District of
Columbia, et al., v. Beretta U.S.A.
(Nos. 03-CV-24, 03-CV-38, District
of Columbia Court of Appeals).

P.L. 108-7House Version of Senate Version of H.R. 2765Conference
H.R. 2765(formerly S. 1583) (Not yet
reported)
parable provisionNo comparable provisionSec. 139. Parental Representation
in Adoption Proceedings and
Guardian ad litem Appointments.
The provision would allow the
District of Columbia to appoint and
compensate an attorney to represent
a parent or guardian in an adoption
proceeding who is facing
termination of parental rights if the
parent or guardian lacks the
financial means of obtaining
adequate legal representation. The
provision would also allow the
Court to appoint and compensate an
attorney as a guardian ad litem to
iki/CRS-RL32045represent the best interest of the
g/wchild in the adoption proceedings.
s.orparable provisionNo comparable provisionSec. 140. Budget Increase Resulting
leakfrom Unanticipated Revenue
Collection. The provision would
://wikiallow the District to increase a
httpbudget account by no more than
25% as a result of unanticipated
growth in revenue collections. The
CFO must certify that anticipated
revenue collections support an
increase in authority in the amount
requested. The provision requires
a 30-day notice to Congress before
such amounts may be obligated or
expended.



P.L. 108-7House Version of Senate Version of H.R. 2765Conference
H.R. 2765(formerly S. 1583) (Not yet
reported)
o comparable provisionNo comparable provisionSec. 141. Reserve Fund Budget
Increase. The provision would
allow the District’s appropriation to
increase to no more than $15
million through the use of a reserve
fund identified in the citys
Comprehensive Annual Financial
Report (CAFR) as the citys fund
balance. The mayor must notify the
House and Senate Appropriations
Committees 30 days in advance of
any obligation or expenditure of
such funds. The CFO must certify
that the expenditure of funds will
not have a negative impact on the
iki/CRS-RL32045citys long-term financial, fiscal,
g/wand economic health. Funds may
s.oronly be used for unanticipated one-
leaktime expenditures, potentialdeficits, debt reduction,
://wikiunanticipated program needs, orrevenue shortfalls. Funds may not
httpbe provided to agencies under
court-ordered receivership.
Source: Congressional Research Service.
Note: Provisions included in P.L. 108-7, but not included in H.R. 2765, are highlighted in gray.



Table 2. H.R. 2765 General Provisions by Selected Classification: House and Senate Versions
Budget and Fiscal Controls
House version Senate version Conference Report
(Not yet reported)
Sec. 101. Prohibition Against Deficit Spending.Sec. 101. Prohibition Against Deficit Spending.
Sec. 104. Prohibition Against the Carryover ofSec. 104. Prohibition Against the Carryover of
Appropriated Funds.Appropriated Funds.
Sec. 108. Prohibition on the Reprogramming ofSec. 109. Prohibition on the Reprogramming of
Funds. Funds.
Sec. 109. Limitation on the Use of AppropriatedSec. 110. Limitation on the Use of Appropriated
Funds Funds
Sec. 111. City Council and Congressional ReviewSec. 112. City Council and Congressional Review
iki/CRS-RL32045of Revised Revenue Estimates.of Revised Revenue Estimates.
g/wSec. 112. Sole Source Contracts.Sec. 113. Sole Source Contracts.
s.or
leakSec. 113. Sequestration under the BalancedSec. 114. Sequestration under the Balanced
://wikiBudget. Budget.
httpSec. 117. Acceptance of Grant Funds NotSec. 119. Acceptance of Grant Funds Not
Included in Ceiling. Included in Ceiling.
Sec. 119. Procurement Ceiling Cost AnalysisSec. 121. Procurement Ceiling Cost Analysis
Sec. 120. Inspector General Audits. Sec. 122. Inspector General Audits.
Sec. 123. CFO Certifications.Sec. 125. CFO Certifications
Sec. 127. Revised Operating Budget Submission.Sec. 130. Revised Operating Budget Submission
Sec. 129. Restrictions on the Transfer ofSec. 132. Restrictions on the Transfer of
Appropriated Funds.Appropriated Funds.
Sec. 133. Limitation on Attorney’s fees in IDEASec. 134. Transfer of Crime Victims
cases.Compensation Funds.
Sec. 137. Limitation on Attorney’s fees in IDEA
c a se s.



Budget and Fiscal Controls
Sec. 140. Budget Increase Resulting from
Unanticipated Revenue Collection
Sec. 141 Reserve Fund Budget Increase
Administrative Controls
House versionSenate versionConference Report
(Not yet reported)
Sec. 102. Payment of Travel and Dues RelatedSec. 102. Payment of Travel and Dues Related
Expenses. Expenses.
Sec. 103. Payment of Judgments.Sec. 103. Payment of Judgments
Sec. 105. Use of Public Schools.Sec. 105. Use of Public Schools.
iki/CRS-RL32045Sec. 110. Merit Personnel Act Responsibility ofthe Mayor. Sec. 111. Merit Personnel Act Responsibility ofthe Mayor.
g/w
s.orSec. 118. Limits on the Use of City Vehicles. Sec. 115. Gifts and Donations.
leak
Sec. 130. Risk Management for Settlements andSec. 120. Limits on the Use of City Vehicles.
://wikiJudgments.
httpSec. 131. Transfer of Fines Levied for DrivingSec. 128. Prompt Payment of Appointed Counsel.
While Intoxicated or Impaired.
Sec. 132. Reimbursements in Labor DisputeSec. 133. Risk Management for Settlements and
Ca se s . Judgments.
Sec. 134. Certifications by Attorneys in IDEASec. 135. Transfer of Fines Levied for Driving
Actions.While Intoxicated or Impaired.
Sec. 136. OLRCB Reimbursements in Labor
Dispute Cases.
Sec. 138. Certifications by Attorneys in IDEA
Actions.
Sec. 139. Parental Representation in Adoption
Proceedings and Guardian ad litem
Appointments.



Congressional Oversight and Reporting
House versionSenate versionConference Report
(Not yet reported)
Sec.106. Congressional Inspection of PersonnelSec.106. Congressional Inspection of Personnel
R e c o rd s. R e c o rd s.
Sec. 108. Prohibition on the Reprogramming ofSec. 112. City Council and Congressional Review
Funds. Funds may not be reprogrammed in orderof Revised Revenue Estimates.
to establish or change allocations specifically
denied, limited, or increased by Congress. Funds
may be reprogrammed after congressional review
by House and Senate Appropriations Committees.
Committees must be notified in writing 30 days in
advance of reprogramming.
Sec. 111. City Council and Congressional ReviewSec. 129. Budget-linked Quality of Life Factors.
of Revised Revenue Estimates.Directs the mayor to submit quarterly reports to
iki/CRS-RL32045House and Senate appropriation and oversight
g/wcommittees.
s.orSec. 117. Acceptance of Grant Funds NotSec. 130. Revised Operating Budget Submission.
leakIncluded in Ceiling. Requires the CFO to submitRequires the CFO to submit to the appropriate
://wikito the city council and House and SenateAppropriations Committees detailed reportscommittees of Congress, the mayor, and the citycouncil a revised operating budget no later than
httpregarding all federal and private grants approved30 days after the enactment of this act.
under this section.
Sec. 126. Budget-linked Quality of Life Factors.Sec. 140. Budget Increase Resulting from
Directs the mayor to submit quarterly reports toUnanticipated Revenue Collection. The provision
House and Senate appropriation and oversightwould allow the District to increase a budget
committees. account by no more than 25% as a result of
unanticipated growth in revenue collections. The
provision requires a 30-day notice to Congress
before such amounts may be obligated or
expended.



Congressional Oversight and Reporting
House versionSenate versionConference Report
(Not yet reported)
Sec. 127. Revised Operating Budget Submission. Sec. 141. Reserve Fund Budget Increase. The
Requires the CFO to submit to the appropriateprovision would allow the District’s appropriation
committees of Congress, the mayor, and the cityto increase to no more than $15 million through
council a revised operating budget no later thanthe use of a reserve fund identified in the citys
30 days after the enactment of this act.Comprehensive Annual Financial Report (CAFR)
as the citys fund balance. The mayor must notify
the House and Senate Appropriations Committees
30 days in advance of any obligation or
expenditure of such funds.
Sec. 134. Attorney Certifications in IDEA Actions
Requires the CFO to prepare a quarterly report to
House and Senate Appropriations Committees on
attorneys fees paid in cases under IDEA.
iki/CRS-RL32045
g/wCongressionally Imposed Restrictions
s.or(Social Riders)
leak
House versionSenate versionConference Report
://wiki(Not yet reported)
httpSec. 115 Restrictions on Funding of AbortionSec. 117. Restrictions on Funding of Abortion
Services. Services.
Sec. 116. Health Care Benefits Expansion Act. Sec. 118. Health Care Benefits Expansion
Sec. 122. Needle Exchange Program.Sec. 124. Needle Exchange Program
Sec. 124. Prohibition on the Implementation ofSec. 126. Prohibition on the Implementation of
Medical Marijuana Initiative.Medical Marijuana Initiative.
Sec. 125. Conscience Clause CoveringSec. 127. Conscience Clause Covering
Contraceptive Coverage in Private Health Plans. Contraceptive Coverage in Private Health Plans.
Sec. 128. Boys Scouts. Prohibits the payment ofSec. 131. Boys Scouts. Prohibits the payment of
award to plaintiffs over Boys Scout policyaward to plaintiffs over Boys Scout policy
excluding homosexuals from serving as scoutexcluding homosexuals from serving as scout
leaders. leaders.



Congressionally Imposed Restrictions
(Social Riders)
House versionSenate versionConference Report
(Not yet reported)
Sec. 135. Prohibition on the Use of FY2004
Appropriations to Defend the District of Columbia
Gun Manufacturers Liability Act.
Limits on Advocacy of Congressional Voting Representation
House versionSenate versionConference Report
(Not yet reported)
Sec. 107. Prohibition on the Use of Funds forSec. 107. Prohibition on the Use of Funds for
Lobbyin g . Lobbyin g .
iki/CRS-RL32045
g/wSec. 114. Prohibits the Use of Federal Funds forStatehood Lobbying.Sec. 108. Lobbying and Advocacy Activities ofElected Official.
s.or
leakSec. 121. Voting Representation Cost Prohibition.Sec. 116. Prohibits the Use of Federal Funds for
://wikiand Corporation Counsel Review of PrivateLawsuits.Statehood Lobbying.
http
Sec. 123. Voting Representation Cost Prohibition.
and Corporation Counsel Review of Private
La wsu its.
Source: Congressional Research Service.