Order Code RL32045
CRS Report for Congress
Received through the CRS Web
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 Columbia
Appropriations Act.1 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.

---

CRS-2
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, domestic
partners health insurance expansion,3 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.

---

CRS-3
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.

---

CRS-4
Table 1. District of Columbia General Provisions: P.L. 108-7 and House and Senate Versions of H.R. 2765
P.L. 108-7
House Version of
Senate Version of H.R. 2765
Conference
H.R. 2765
(formerly S. 1583)
(Not yet
reported)
Sec. 101. Prohibition Against Deficit Spending. The provision prohibits deficit
Sec. 101. Identical to Sec. 101 of
Sec. 101. Identical to Sec. 101 of
spending by limiting spending to not more than the amount specifically
P.L. 108-7.
P.L. 108-7.
appropriated.
Sec. 102. Payment of Travel and Dues Related Expenses. The provision allows
Sec. 102. Identical to Sec. 102 of
Sec. 102. Identical to Sec. 102 of
funds appropriated under this Act to be used for travel and dues-related
P.L. 108-7.
P.L. 108-7.
expenses of organizations concerned with the work of the District when
approved by the mayor, and by the chair of the city council in the case of travel
and dues related to the activities of the city council.
Sec. 103. Payment of Judgments. The provision allows District funds to be
Sec. 103. Identical to Sec. 103 of
Sec. 103. Identical to Sec. 103 of
used to pay judgments against the city. The provision does not affect or
P.L. 108-7.
P.L. 108-7.
modify Sec. 11(c) of Title XII of the District of Columbia Income and
Franchise Tax Act of 1947 (D.C. Code, sec. 47-1812.11(c)(3), a provision
governing credits and refunds for overpayments of District taxes.
Sec. 104. Prohibition Against the Carryover of Appropriated Funds. The
Sec. 104. FY2004 language
Sec. 104. FY2004 language
provision requires the city to expend funds appropriated for FY2003 during
equivalent to Sec. 104 of P.L. 108-7.
equivalent to Sec. 104 of
that fiscal year, unless provided by another provision of this act.
P.L. 108-7.
Sec. 105. Use of Public Schools. The act allows public schools to be used for
Sec. 105. Identical to Sec.105 of
Sec. 105. Identical to Sec.105 of
community or partisan political activities during non-school hours.
P.L. 108-7.
P.L. 108-7.
Sec.106. Congressional Inspection of Personnel Records. The personnel
Sec. 106. Identical to Sec.106 of
Sec. 106. Identical to Sec.106 of
records of all persons employed by the District government would be made
P.L. 108-7.
P.L. 108-7.
available for inspection by House and Senate authorization and appropriations
subcommittees, and the District of Columbia City Council.
Sec. 107. Prohibition on the Use of Funds for Lobbying. Prohibits the city
Sec. 107. Identical to Sec. 107 of
Sec. 107. Prohibits the city from
from using city or federal funds to defeat any legislation pending before
P.L. 108-7.
using federal funds for publicity or
Congress or any state legislature. Allows the use of District funds for lobbying
propaganda purposes to defeat any
except in instances involving the promotion or support of any boycott or
legislation pending before Congress
activities in support of statehood for the District or voting representation in
or any state legislature, including
Congress. Allows elected officials to advocate for statehood or voting
funds in support of boycotts.
representation in Congress.

---

CRS-5
P.L. 108-7
House Version of
Senate Version of H.R. 2765
Conference
H.R. 2765
(formerly S. 1583)
(Not yet
reported)
S. 1583 modifies Sec. 107 of this Act.
Not included in the bill
Sec. 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
Sec. 108. Capital Borrowing Plan. Requires the mayor to develop an annual
Not included in the bill.
Not included in the bill.
capital outlays borrowing plan. The plan is to include quarterly and project
information. The mayor is to report to the city council and Congress on actual
and projected spending.
Sec. 109. Prohibition on the Reprogramming of Funds. Prohibits the District
Sec. 108. Identical to Sec. 109 of
Sec. 109. Identical to Sec. 109 of
government from reprogramming federal and District funds appropriated under
P.L. 108-7.
P.L. 108-7.
the Act for seven specific activities. Funds cannot be reprogrammed in order
to:
C create new programs;
C eliminate a program or project;
C establish or change allocations specifically denied, limited, or increased by
Congress;
C increase funds for activities or personnel in areas where funds have been
denied or restricted;
C re-establish funding for any project previously deferred through
reprogramming;
C augment existing programs or projects by reprogramming funds that exceed
$1 million or 10% of the existing program’s funding;
C achieve a 20% or greater increase in personnel assigned to a specific project.
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. Limits the transfer of reprogrammed funds to
not more than 4% of the local funds in the appropriations.
Sec. 110. Limitation on the Use of Appropriated Funds. Limits the use of
Sec. 109. Identical to Sec. 110 of
Sec. 110. Identical to Sec. 110 of
funds to the activities or objects for which the appropriations were made except
P.L. 108-7.
P.L. 108-7.
as otherwise provided by law.

---

CRS-6
P.L. 108-7
House Version of
Senate Version of H.R. 2765
Conference
H.R. 2765
(formerly S. 1583)
(Not yet
reported)
Sec. 111. Merit Personnel Act Responsibility of the Mayor. States that the
Sec. 110. Identical to Sec. 111 of
Sec. 111. Identical to Sec. 111 of
mayor shall be responsible for the administration of personnel function of
P.L. 108-7.
P.L. 108-7.
employees under the city’s merit pay personnel code. In determining employee
compensation, the provisions of the District of Columbia Government
Comprehensive Merit Personnel Act of 1978 shall apply.
Sec. 112. City Council and Congressional Review of Revised Revenue
Sec. 111. Equivalent to Sec. 112 of
Sec. 112. Equivalent to Sec. 112 of
Estimates. Requires the mayor to submit to the city council revised revenue
P.L. 108-7. Covers the FY2004
P.L. 108-7. Covers the FY2004
estimates for the first quarter of FY2003 not later than 30 days after the first
budget year. Estimates are be used
budget year. Estimates are be used
quarter of FY2003. Estimates are to be used for budget request for FY2004.
for budget request for FY2005.
for budget request for FY2005.
Sec. 113. Sole Source Contracts. Prohibits sole source contracts for services
Sec. 112. Identical to Sec. 113 of
Sec. 113. Identical to Sec. 113 of
unless competitive bidding is not feasible and the contract has been approved
P.L. 108-7.
P.L. 108-7.
by the CFO.
Sec. 114. Sequestration under the Balanced Budget. In order to comply with
Sec. 113. Identical to Sec. 114 of
Sec. 114. Identical to Sec. 114 of
sequestration order under Balanced Budget and Emergency Deficit Control Act
P.L. 108-7.
P.L. 108-7.
of 1985, federal funds appropriated under a District of Columbia appropriations
act are to be sequestered from each account and not the aggregate total of those
accounts.
Sec. 115. Gifts and Donations. Allows District government agencies and
Not included in the bill.
Sec. 115. Identical to Section 115
officials to accept gifts and donations in FY2003 only if:
of P.L. 108-7. Applies to FY2004.
C the mayor approves, (this provision does not apply in cases of gifts or
donation to the city council);
C the gift or donation is used to carry out an agency function;
C the government entity receiving the gift or donation keeps records of all gifts
and donations available for audit and public inspection.
This section does not apply to the Board of Education.
Sec. 116. Prohibits the Use of Federal Funds for Statehood Lobbying.
Sec. 114. Identical to Sec. 116 of
Sec. 116. Identical to Sec. 116 of
Prohibits the use of federal funds for the payment of expenses related to the
P.L. 108-7.
P.L. 108-7.
offices of U.S. Senate or U.S. House of Representative under the District of
Columbia Statehood Constitution Initiative.
Sec. 117 Abortion Restrictions. Prohibits the use of federal and District funds
Sec. 115. Identical to Sec. 117 of
Sec. 117. Identical to Sec. 117 of
for abortion services except in cases of rape, incest, or when the mother’s
P.L. 108-7.
P.L. 108-7.
health is endangered.

---

CRS-7
P.L. 108-7
House Version of
Senate Version of H.R. 2765
Conference
H.R. 2765
(formerly S. 1583)
(Not yet
reported)
Sec. 118. Health Care Benefits Expansion Act. Prohibits the use of federal
Sec. 116. Identical to Sec. 118 of
Sec. 118. Identical to Sec. 118 of
funds to implement the Health Care Benefits Expansion Act of 1992, which
P.L. 108-7.
P.L. 108-7.
extends medical, employment, and government benefits to unmarried couples,
including homosexuals.
Sec. 119(a). Acceptance of Grant Funds Not Included in Ceiling. The mayor,
Sec. 117. Identical to Sec. 119 of
Sec. 119. Identical to Sec. 119 of
after consulting with the CFO, may accept and expend grants from private and
P.L. 108-7.
P.L. 108-7.
federal sources that are not part of this appropriation. Such gifts may be
accepted and expended only after the CFO has submitted to the city council a
detailed report regarding such grants. The city council has 14 days after receipt
of the report to review and approve its acceptance or to file a resolution of
disapproval. The Council has 30 calendar days from initial receipt of the report
from the CFO to act on a resolution of disapproval. The provision:
C prohibits the city from expending city funds in anticipation of a grant award;
C 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.
Sec. 120. Use of City Vehicles. Limits a District employee’s use of city
Sec. 118. Equivalent to Sec. 120 of
Sec. 120. Equivalent to Sec. 120 of
vehicles only to performance of official duties. Grants four exceptions:
P.L. 108-7. (The CFO is to submit a
P.L. 108-7. (The CFO is to submit a
C a police officer may use police vehicles to travel to and from work and vehicle inventory by March 1, 2004.)
vehicle inventory by March 1, 2004.)
home only if the officer resides in the District of Columbia, or is granted
permission by the Chief of Police;
C an employee of the Fire and Emergency Ambulance Department who resides
in the District and is on call 24 hours a day;
C the mayor; and
C chair of the city council.
Requires the CFO to submit an inventory of all vehicles owned, leased or
operated by the District government by March 30, 2003. Does not specify to
whom the inventory is to be submitted.
Sec. 121. Procurement Ceiling Cost Analysis. Includes a provision that requires
Sec. 119. Identical to Sec. 121 of
Sec. 121. Identical to Sec. 121 of
the District to conduct a cost analysis for the procurement of all goods and
P.L. 108-7.
P.L. 108-7.
services in excess of $2,500, excluding goods and services being acquired by
CIO, CFO, and Metropolitan Police. In conducting such analysis the District
is to compare costs under District procurement regulations and procedures with
those applicable under the federal GSA supply schedules

---

CRS-8
P.L. 108-7
House Version of
Senate Version of H.R. 2765
Conference
H.R. 2765
(formerly S. 1583)
(Not yet
reported)
Sec. 122. Inspector General Audits. Only the District of Columbia Inspector
Sec. 120. Identical to Sec. 122 of
Sec. 122. Identical to Sec. 122 of
General in cooperation with the CFO may conduct and certify agency audits in
P.L. 108-7.
P.L. 108-7.
compliance with the District of Columbia Procurement Practices Act of 1985
(D.C. Code, sec. 1-1182.8(a)(4).
Sec. 123. Voting Representation Cost Prohibition. and Corporation Counsel
Sec. 121. Identical to Sec. 123 of
Sec. 123. Identical to Sec. 123 of
Review of Private Lawsuits. Prohibits the use of federal and District funds,
P.L. 108-7.
P.L. 108-7.
including funds for the corporation counsel, to cover the cost of court
challenges aimed at providing city residents with voting representation in
Congress. The provision permits the District’s corporation counsel to review
and comment on briefs in lawsuits filed by private citizens, and to consult
government officials regarding such lawsuits. This includes lawsuits seeking
voting representation in Congress.
Sec. 124. Needle Exchange Program. Prohibits the creation and funding of a
Sec. 122. Identical to Sec. 124 of
Sec. 124. Allows the use of District
needle exchange program with federal or District government funds. Such
P.L. 108-7.
funds for needle exchange program,
programs may be funded with private funds and must be accounted for
but continues to prohibit the use of
separately.
federal funds for such activities.
Funds used for such activities must
be accounted for separately from
funds contained in this act.
Sec. 125. CFO Certifications. Funds may not be used to pay agency CFOs 60
Sec. 123. Identical to Sec. 125 of
Sec. 125. Identical to Sec. 125 of
days after the passage of this Act if the agency CFO has not filed a statement
P.L. 108-7.
P.L. 108-7.
with the mayor and CFO of the District certifying that the agency CFO
understands and will abide by the duties and restrictions of his office.
Sec. 126. Medical Marijuana Initiative. Prohibits the use of federal or District
Sec. 124. Identical to Sec. 126 of
Sec. 126. Identical to Sec. 126 of
funds in carrying out any law or regulation that legalizes or reduces the penalty
P.L. 108-7.
P.L. 108-7.
for possession of a Schedule I substance, including the medical use of
marijuana. Prohibits the implementation of citizen approved medical
marijuana initiative.
Sec. 127. Conscience Clause Covering Contraceptive Coverage in Private
Sec. 125. Identical to Sec. 127 of
Sec. 127. Identical to Sec. 127 of
Health Plans. The provision requires the inclusion of a conscience clause
P.L. 108-7.
P.L. 108-7.
allowing employers to exclude contraceptive coverage in the employer’s health
insurance plan for moral or religious reasons.

---

CRS-9
P.L. 108-7
House Version of
Senate Version of H.R. 2765
Conference
H.R. 2765
(formerly S. 1583)
(Not yet
reported)
Sec. 128. Prompt Payment of Appointed Counsel. Requires the DC Court of
Not included in this bill.
Sec. 128. Identical to Sec. 128 of
Appeals to make payment to counsel representing indigent persons, and
P.L. 108-7.
children in neglect and abuse cases within 45 days of receiving a payment
voucher. Failure to make payment within the 45-day time period would require
the DC Court of Appeals to pay interest to the attorneys representing indigent
persons, and children in neglect and abuse cases. Requires the Court to
establish standards for the submission of completed vouchers. Covers claims
received during fiscal year 2003 and any subsequent year.
Sec. 129. Budget-linked Quality of Life Factors. Identifies a number of quality-
Sec. 126. Identical to Sec. 129 of
Sec. 129. Identical to Sec. 129 of
of-life indicators that characterize the city’s deficiencies in the areas of crime,
P.L. 108-7.
P.L. 108-7.
education, corrections, management of public services. Directs the mayor to
submit quarterly reports to House and Senate appropriation and oversight
committees.
Sec. 130. Revised Operating Budget Submission. Requires the CFO to submit
Sec. 127. Identical to Sec. 130 of
Sec. 130. Identical to Sec. 130 of
to the appropriate committees of Congress, the mayor, and the city council a
P.L. 108-7.
P.L. 108-7.
revised appropriated funds operating budget budget no later than 30 days after
the enactment of this act. The revised budget should reflect anticipated actual
expenditures for the fiscal year.
Sec. 131. Boy Scouts. Prohibits the use of District or federal funds for
Sec. 128. Identical to Sec. 131 of
Sec. 131. Identical to Sec. 131 of
payment to plaintiffs awarded $50,000 by the District’s Commission on Human
P.L. 108-7.
P.L. 108-7.
Rights related to Boy Scout’s policy prohibiting homosexuals from serving as
scout leaders.
Sec. 132. Restrictions on the Transfer of Appropriated Funds. None of the
Sec. 129. Identical to Sec. 132 of
Sec. 132. Identical to Sec. 132 of
funds appropriated under this act may be transferred to an agency of the United
P.L. 108-7.
P.L. 108-7.
States Government except as provided in this or another appropriations act.
Sec. 133. Risk Management for Settlements and Judgments. Allows any
Sec. 130. Identical to Sec. 133 of
Sec. 133. Identical to Sec. 133 of
District government agency to pay a settlement or judgement stemming from
P.L. 108-7.
P.L. 108-7.
a claim or lawsuit that does not exceed $10,000.
Sec. 134. Transfer of Crime Victims Compensation Funds. Transfers all
Not included in this bill.
Sec. 134. Identical to Sec. 134 of
outreach funds allocated to the city under the Victims of Violent Crime
P.L. 108-7.
Compensation Act of 1996 to the Crime Victims Assistance Fund.
Sec. 135. Transfer of Fines Levied for Driving While Intoxicated or Impaired.
Sec. 131. Identical to Sec. 135 of
Sec. 135. Identical to Sec. 135 of
Directs the Court to transfer all fines levied for drunk driving to the general
P.L. 108-7.
P.L. 108-7.
treasury of the city. Requires the city’s corporation counsel to use such funds
for prosecution and enforcement of city traffic laws.

---

CRS-10
P.L. 108-7
House Version of
Senate Version of H.R. 2765
Conference
H.R. 2765
(formerly S. 1583)
(Not yet
reported)
Sec. 136. Limitation on Budget Amendments in a Non-Control Year. Restricts
Not included in this bill.
Not included in this bill.
the reprogramming of budget funds after the adoption of the annual budget In
a non-control year funds may be reprogrammed if:(1) the mayor submits a
request to the city council and the CFO; (2) the CFO certifies the availability
of funds for reprogramming accompanied by an analysis of the effect of the
reprogramming; and (3) there is a concurrent reduction is expenditures in
another activity.
Sec. 137. OLRCB Reimbursements in Labor Dispute Cases. Allows District
Sec. 132. Identical to Sec. 137 of
Sec. 136. Identical to Sec. 137 of
agencies to transfer funds to the Office of Labor Relations and Collective
P.L. 108-7.
P.L. 108-7.
Bargaining (OLRCB) for purposes of reimbursement to OLRCB in grievance
cases where OLRCB represented the agency.
Sec. 138. Long Term Care Insurance for Court Employees. Includes
Not included in this bill
Not included in this bill
employees of the District of Columbia Courts under federal long-term care
insurance program.
Sec. 139. Transfer of Court Funds for Child Abuse Services. Allows $560,000
Not included in this bill
Not included in this bill
in federal payment to the District of Columbia Courts to city’s Child and
Family Services Agency for child abuse services.
Sec. 140. GAO Report on Charter Schools. Establishes a June 2, 2003
Not included in this bill
Not included in this bill
deadline for a GAO report on nationwide efforts to establish adequate charter
school facilities including a comparison with efforts in the District of
Columbia.
Sec. 141. Inventory of Surplus Space. Directs the mayor, in consultation with
Not included in this bill
Not included in this bill
the chair of the city council and the General Services Administration to conduct
a survey of all city buildings currently held in surplus, including an assessment
of appropriate uses, renovation or construction costs, and potential tenants.
Requires the mayor to report to the House and Senate Appropriations
Committees within 180 days of enactment of this act. Gives assignment of
surplus space to charter schools.

---

CRS-11
P.L. 108-7
House Version of
Senate Version of H.R. 2765
Conference
H.R. 2765
(formerly S. 1583)
(Not yet
reported)
Sec. 142. Incentives for the Adoption of Children. Establishes performance
Not included in this bill
Not included in this bill. The bill
standards for the mayor and CFO in undertaking adoption of foster children
would appropriate $14 million in
initiative first funded under P.L. 106-113. Within nine months of enactment
special federal payments for foster
of this act: CFO must certify that at least 50% of the funds for attorney fees and
care improvement activities. (See
home visits have been expended; the mayor has established an outreached
CRS Report RL31813, Table 1.)
program informing potential participants of scholarship funds; establish and
staff a resource center for adoptive families; identify at 25% of children in
foster care with special needs and obligate at least 25% of funds for adoptive
services under P.L. 106-113 for children with special needs. Requires the
mayor and the city council to provide quarterly reports to House and Senate
Appropriations Committees. Directs the mayor and the Child and Family
Services Agency to increase the number of children on the agency’s adoption
photo listing by 75%.
Sec. 143. Creation of the Office of Public Charter School Financing and
Not included in this bill
Not included in this bill
Support. Establishes the Office of Public Charter School Financing and
Support under the authority of the Dept. of Banking and Financial Institutions.
The Office is charged with administering the credit enhancement fund, a direct
loan fund for charter school improvement, and support or administer other
charter school financing programs. Limits loans under the charter school loan
program to $2 million per charter school.
Sec. 144. Limitation on Attorney’s fees in IDEA cases. Places a $4,000 ceiling
Sec. 133. Identical to Sec. 144 of P.L.
Sec. 137. Identical to Sec. 144 of
on fees for attorneys representing the DCPS and plaintiffs in actions brought
108-7, but adds a new subsection
P.L. 108-7.
under the Individuals with Disability Education Act Prohibits attorneys in
which requires the DCPS to increase
IDEA actions from having a personal, monetary or legal interest in firms that
the amount of local funds for IDEA
provide 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.

---

CRS-12
P.L. 108-7
House Version of
Senate Version of H.R. 2765
Conference
H.R. 2765
(formerly S. 1583)
(Not yet
reported)
Sec. 145. Attorney Certifications in IDEA Actions. Requires attorneys in
Sec. 134. Identical to Sec. 145 of
Sec. 138. Identical to Sec. 145 of
IDEA cases to certify that they have provided any and all services their client
P.L. 108-7.
P.L. 108-7.
received under IDEA. The CFO shall require attorneys to disclose any interest
or relationship with any special education diagnostic service or schools to
which the attorney referred the client Requires the CFO to prepare a quarterly
report to House and Senate Appropriations Committee on attorney’s fees paid
in cases brought under IDEA. Directs the District’s Inspector General to
conduct investigations to ensure accuracy of the certifications.
Sec. 146. Charter School Fund Capitalization. Amends the act creating
Not included in this bill
Not included in this bill
District public charter schools to include the establishment of the New Charter
School Fund. Provides for a $5 million initial capitalization and any additional
unexpended and unobligated local funds appropriated in FY2002 and FY2003.
Funds may be used to compensate a charter school for enrollment that exceeds
the initial enrollment which served as the bases for determining the school’s
annual payment.
No comparable provision
Sec. 135. Gun Manufacturers Liability No comparable provision
Act. The provision prohibits the city
from using of federal and local funds
appropriated in FY2004 in support of
a lawsuit intended to enforce the
District of Columbia Assault Weapons
Manufacturing 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).

---

CRS-13
P.L. 108-7
House Version of
Senate Version of H.R. 2765
Conference
H.R. 2765
(formerly S. 1583)
(Not yet
reported)
No comparable provision
No comparable provision
Sec. 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
represent the best interest of the
child in the adoption proceedings.
No comparable provision
No comparable provision
Sec. 140. Budget Increase Resulting
from Unanticipated Revenue
Collection. The provision would
allow the District to increase a
budget 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.

---

CRS-14
P.L. 108-7
House Version of
Senate Version of H.R. 2765
Conference
H.R. 2765
(formerly S. 1583)
(Not yet
reported)
No comparable provision
No comparable provision
Sec. 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 city’s
Comprehensive Annual Financial
Report (CAFR) as the city’s 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
city’s long-term financial, fiscal,
and economic health. Funds may
only be used for unanticipated one-
time expenditures, potential
deficits, debt reduction,
unanticipated program needs, or
revenue shortfalls. Funds may not
be 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.

---

CRS-15
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 of
Sec. 104. Prohibition Against the Carryover of
Appropriated Funds.
Appropriated Funds.
Sec. 108. Prohibition on the Reprogramming of
Sec. 109. Prohibition on the Reprogramming of
Funds.
Funds.
Sec. 109. Limitation on the Use of Appropriated
Sec. 110. Limitation on the Use of Appropriated
Funds
Funds
Sec. 111. City Council and Congressional Review
Sec. 112. City Council and Congressional Review
of Revised Revenue Estimates.
of Revised Revenue Estimates.
Sec. 112. Sole Source Contracts.
Sec. 113. Sole Source Contracts.
Sec. 113. Sequestration under the Balanced
Sec. 114. Sequestration under the Balanced
Budget.
Budget.
Sec. 117. Acceptance of Grant Funds Not
Sec. 119. Acceptance of Grant Funds Not
Included in Ceiling.
Included in Ceiling.
Sec. 119. Procurement Ceiling Cost Analysis
Sec. 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 of
Sec. 132. Restrictions on the Transfer of
Appropriated Funds.
Appropriated Funds.
Sec. 133. Limitation on Attorney’s fees in IDEA
Sec. 134. Transfer of Crime Victims
cases.
Compensation Funds.
Sec. 137. Limitation on Attorney’s fees in IDEA
cases.

---

CRS-16
Budget and Fiscal Controls
Sec. 140. Budget Increase Resulting from
Unanticipated Revenue Collection
Sec. 141 Reserve Fund Budget Increase
Administrative Controls
House version
Senate version
Conference Report
(Not yet reported)
Sec. 102. Payment of Travel and Dues Related
Sec. 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.
Sec. 110. Merit Personnel Act Responsibility of
Sec. 111. Merit Personnel Act Responsibility of
the Mayor.
the Mayor.
Sec. 118. Limits on the Use of City Vehicles.
Sec. 115. Gifts and Donations.
Sec. 130. Risk Management for Settlements and
Sec. 120. Limits on the Use of City Vehicles.
Judgments.
Sec. 131. Transfer of Fines Levied for Driving
Sec. 128. Prompt Payment of Appointed Counsel.
While Intoxicated or Impaired.
Sec. 132. Reimbursements in Labor Dispute
Sec. 133. Risk Management for Settlements and
Cases.
Judgments.
Sec. 134. Certifications by Attorneys in IDEA
Sec. 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.

---

CRS-17
Congressional Oversight and Reporting
House version
Senate version
Conference Report
(Not yet reported)
Sec.106. Congressional Inspection of Personnel
Sec.106. Congressional Inspection of Personnel
Records.
Records.
Sec. 108. Prohibition on the Reprogramming of
Sec. 112. City Council and Congressional Review
Funds. Funds may not be reprogrammed in order
of 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 Review
Sec. 129. Budget-linked Quality of Life Factors.
of Revised Revenue Estimates.
Directs the mayor to submit quarterly reports to
House and Senate appropriation and oversight
committees.
Sec. 117. Acceptance of Grant Funds Not
Sec. 130. Revised Operating Budget Submission.
Included in Ceiling. Requires the CFO to submit
Requires the CFO to submit to the appropriate
to the city council and House and Senate
committees of Congress, the mayor, and the city
Appropriations Committees detailed reports
council a revised operating budget no later than
regarding all federal and private grants approved
30 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 to
Unanticipated Revenue Collection. The provision
House and Senate appropriation and oversight
would 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.

---

CRS-18
Congressional Oversight and Reporting
House version
Senate version
Conference Report
(Not yet reported)
Sec. 127. Revised Operating Budget Submission.
Sec. 141. Reserve Fund Budget Increase. The
Requires the CFO to submit to the appropriate
provision would allow the District’s appropriation
committees of Congress, the mayor, and the city
to increase to no more than $15 million through
council a revised operating budget no later than
the use of a reserve fund identified in the city’s
30 days after the enactment of this act.
Comprehensive Annual Financial Report (CAFR)
as the city’s 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
attorney’s fees paid in cases under IDEA.
Congressionally Imposed Restrictions
(Social Riders)
House version
Senate version
Conference Report
(Not yet reported)
Sec. 115 Restrictions on Funding of Abortion
Sec. 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 of
Sec. 126. Prohibition on the Implementation of
Medical Marijuana Initiative.
Medical Marijuana Initiative.
Sec. 125. Conscience Clause Covering
Sec. 127. Conscience Clause Covering
Contraceptive Coverage in Private Health Plans.
Contraceptive Coverage in Private Health Plans.
Sec. 128. Boys Scouts. Prohibits the payment of
Sec. 131. Boys Scouts. Prohibits the payment of
award to plaintiffs over Boys Scout policy
award to plaintiffs over Boys Scout policy
excluding homosexuals from serving as scout
excluding homosexuals from serving as scout
leaders.
leaders.

---

CRS-19
Congressionally Imposed Restrictions
(Social Riders)
House version
Senate version
Conference 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 version
Senate version
Conference Report
(Not yet reported)
Sec. 107. Prohibition on the Use of Funds for
Sec. 107. Prohibition on the Use of Funds for
Lobbying.
Lobbying.
Sec. 114. Prohibits the Use of Federal Funds for
Sec. 108. Lobbying and Advocacy Activities of
Statehood Lobbying.
Elected Official.
Sec. 121. Voting Representation Cost Prohibition.
Sec. 116. Prohibits the Use of Federal Funds for
and Corporation Counsel Review of Private
Statehood Lobbying.
Lawsuits.
Sec. 123. Voting Representation Cost Prohibition.
and Corporation Counsel Review of Private
Lawsuits.
Source: Congressional Research Service.

---