[House Document 110-55]
[From the U.S. Government Publishing Office]
110th Congress, 1st Session - - - - - - - - - - - - - House Document 110-55
FISCAL YEAR 2008 BUDGET REQUEST ACT
__________
MESSAGE
from
THEPRESIDENTOFTHEUNITEDSTATES
transmitting
THE DISTRICT OF COLUMBIA'S FISCAL YEAR 2008 BUDGET REQUEST ACT,
PURSUANT TO PUB. L. 93-198, SEC. 446 (87 STAT. 806)
September 4, 2007.--Message and accompanying papers referred to the
Committee on Appropriations and ordered to be printed
The White House,
Washington, August 9, 2007.
Hon. Nancy Pelosi,
Speaker of the House of Representatives,
Washington, DC.
Dear Madam Speaker: Pursuant to my constitutional authority
and as contemplated by section 446 of The District of Columbia
Self-Governmental Reorganization Act as amended in 1989, I am
transmitting the District of Columbia's 2008 Budget Request
Act. This transmittal does not represent an endorsement of the
contents of the D.C. government's requests.
The proposed 2008 Budget Request Act reflects the major
programmatic objectives of the Mayor and the Council of the
District of Columbia. For 2008, the District estimates total
revenues and expenditures of $8.38 billion.
Sincerely,
George W. Bush.
NOTE.--The following document reflects the ``District of
Columbia Appropriations, Fiscal Year 2007'' Act and the
``District of Columbia Appropriations, Fiscal Year 2008''
Request Act. The language enclosed in [ ] indicates language
that is to be deleted from the FY 2007 Appropriations Act. The
language shown in italics indicates new language in the FY 2008
Request Act.
AN ACT
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
To approve the request of the District of Columbia
government for the fiscal year ending September 30, [2007]
2008.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA,
That this act may be cited as the ``Fiscal Year [2007] 2008
Budget Request Act''.
Sec. 2. The Council of the District of Columbia approves
the following expenditure levels and appropriation language for
the government of the District of Columbia for the fiscal year
ending September 30, [2007] 2008.
DIVISION A DISTRICT OF COLUMBIA APPROPRIATION REQUEST
TITLE I--FEDERAL FUNDS
DISTRICT OF COLUMBIA COURTS
Federal Payment to the District of Columbia Courts
For salaries and expenses for the District of Columbia
Courts, [$218,912,000] $213,861,000 to be allocated as follows:
for the District of Columbia Court of Appeals, [$9,198,000],
$10,800,000 of which not to exceed $1,500 is for official
reception and representation expenses; for the District of
Columbia Superior Court, [$87,342,000] $98,359,000 of which not
to exceed $1,500 is for official reception and representation
expenses; for the District of Columbia Court System,
[$41,643,000] $52,170,000 of which not to exceed $1,500 is for
official reception and representation expenses; and
[$80,729,000] $52,532,000 to remain available until September
30, [2007] 2009 for capital improvements for District of
Columbia courthouse facilities: Provided, That [notwithstanding
any other provision of law, a single contract or related
contracts for development and construction of facilities may be
employed which collectively include the full scope of the
project: Provided further, That the solicitation and contract
shall contain the clause `availability of Funds' found at 48
CFR 52.232-18: Provided further, That] funds made available for
capital improvements shall be expended consistent with the
General Services Administration master plan study and building
evaluation report: Provided further, That notwithstanding any
other provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget
and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal
agencies, with payroll and financial services to be provided on
a contractual basis with the General Services Administration
(GSA), and such services shall include the preparation of
monthly financial reports, copies of which shall be submitted
directly by GSA to the President and to the Committees on
Appropriations of the House of Representatives and Senate, the
Committee on Government Reform of the House of Representatives,
and the Committee on Homeland Security and Governmental Affairs
of the Senate: Provided further, That 30 days after providing
written notice to the Committees on Appropriations of the House
of Representatives and Senate, the District of ColumbiaCourts
may reallocate not more than $1,000,000 of the funds provided under
this heading among the items and entities funded under this heading for
operations, and not more than 4 percent of the funds provided under
this heading for facilities.
Defender Services in District of Columbia Courts
For payments authorized under section 11-2604 and section
11-2605, D.C. Official Code (relating to representation
provided under the District of Columbia Criminal Justice Act),
payments for counsel appointed in proceedings in the Family
Court of the Superior Court of the District of Columbia under
chapter 23 of title 16, D.C. Official Code, or pursuant to
contractual agreements to provide guardian ad litem
representation, training, technical assistance and such other
services as are necessary to improve the quality of guardian ad
litem representation, payments for counsel appointed in
adoption proceedings under chapter 3 of title 16, D.C. Code,
and payments for counsel authorized under section 21-2060, D.C.
Official Code (relating to representation provided under the
District of Columbia Guardianship, Protective Proceedings, and
Durable Power of Attorney Act of 1986), $43,475,000, to remain
available until expended: Provided, That [the funds provided in
this Act under the heading `Federal Payment to the District of
Columbia Courts' (other than the $80,729,000 provided under
such heading for capital improvements for District of Columbia
courthouse facilities) may also be used for payments under this
heading: Provided further, That] in addition to the funds
provided under this heading, the Joint Committee on Judicial
Administration in the District of Columbia may use funds
provided in this Act under the heading `Federal Payment to the
District of Columbia Courts' (other than the [$80,729,000]
$52,532,000 provided under such heading for capital
improvements for District of Columbia courthouse facilities),
to make payments described under this heading for obligations
incurred during any fiscal year: Provided further, That funds
provided under this heading shall be administered by the Joint
Committee on Judicial Administration in the District of
Columbia: Provided further, That notwithstanding any other
provision of law, this appropriation shall be apportioned
quarterly by the Office of Management and Budget and obligated
and expended in the same manner as funds appropriated for
expenses of other Federal agencies, with payroll and financial
services to be provided on a contractual basis with the General
Services Administration (GSA), and such services shall include
the preparation of monthly financial reports, copies of which
shall be submitted directly by GSA to the President and to the
Committees on Appropriations of the House of Representatives
and Senate, the Committee on Government Reform of the House of
Representatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate.
Federal Payment to the Court Services and Offender Supervision Agency
for the District of Columbia
(Including Transfer of Funds)
For salaries and expenses, including the transfer and hire
of motor vehicles, of the Court Services and Offender
Supervision Agency for the District of Columbia [and the Public
Defender Service for the District of Columbia, ]as authorized
by the National Capital Revitalization and Self-Government
Improvement Act of 1997, [$209,594,000] $190,343,000, of which
not to exceed $2,000 is for official receptions and
representation expenses related to Community Supervision and
Pretrial Services Agency programs; of which not to exceed
$25,000 is for dues and assessments relating to the
implementation of the Court Services and Offender Supervision
Agency Interstate Supervision Act of 2002; of which not to
exceed $400,000 for the Community Supervision program and
$160,000 for the Pretrial Services program both of which remain
until September 30, 2009 are for Information Technology
infrastructure enhancement acquisitions; of which
[$133,476,000] $140,449,000 shall be for necessary expenses of
Community Supervision and Sex Offender Registration, to include
expenses relating to the supervision of adults subject to
protection orders or the provision of services for or related
to such persons; of which [$45,220,000] $49,894,000 shall be
available to the Pretrial Services Agency[; and of which
$30,898,000 shall be transferred to the Public Defender Service
for the District of Columbia]: Provided, That notwithstanding
any other provision of law, all amounts under this heading
shall be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal
agencies: Provided further, That the Director is authorized to
accept and use gifts in the form of in-kind contributions of
space and hospitality to support offender and defendant
programs, and equipment and vocational training services to
educate and train offenders and defendants: Provided further,
That the Director shall keep accurate and detailed records of
the acceptance and use of any gift or donation under the
previous proviso, and shall make such records available for
audit and public inspection: Provided further, That the Court
Services and Offender Supervision Agency Director is authorized
to accept and use reimbursement from the District of Columbia
Government for space and services provided on a cost
reimbursable basis[: Provided further, That for this fiscal
year and subsequent fiscal years, the Public Defender Service
is authorized to charge fees to cover costs of materials
distributed and training provided to attendees of educational
events, including conferences, sponsored by the Public Defender
Service, and notwithstanding section 3302 of title 31, United
States Code, said fees shall be credited to the Public Defender
Service account to be available for use without further
appropriation].
Federal Payment for the Public Defender Service for the District of
Columbia
For salaries and expenses, including the transfer and hire
of motor vehicles of the Public Defender Service for the
District of Columbia, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$32,710,000: Provided, That all amounts under this heading
shall be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of Federal agencies:
Provided further, That beginning in fiscal year 2008 and
thereafter, the Public Defender Service is authorized to charge
fees to cover costs of materials distributed and training
provided to attendees of educational events, including
conferences, sponsored by the Public Defender Service, and
notwithstanding 31 U.S.C. 3302, such fees shall be credited to
this account, to be available until expended without further
appropriation.
DISTRICT OF COLUMBIA GENERAL AND SPECIAL PAYMENTS
Federal Payment for Resident Tuition Support
For a Federal payment to the District of Columbia, to be
deposited into a dedicated account, for a nationwide program to
be administered by the Mayor, for District of Columbia resident
tuition support, [$33,200,000], $35,100,000 to remain available
until expended: Provided, That such funds, including any
interest accrued thereon, may be used on behalf of eligible
District of Columbia residents to pay an amount based upon the
difference between in-State and out-of-State tuition at public
institutions of higher education, or to pay up to $2,500 each
year at eligible private institutions of higher education:
Provided further, That the awarding of such funds may be
prioritized on the basis of a resident's academic merit, the
income and need of eligible students and such other factors as
may be authorized: Provided further, That the District of
Columbia government shall maintain a dedicated account for the
Resident Tuition Support Program that shall consist of the
Federal funds appropriated to the Program in this Act and any
subsequent appropriations, any unobligated balances from prior
fiscal years, and any interest earned in this or any fiscal
year: Provided further, That the account shall be under the
control of the District of Columbia Chief Financial Officer,
who shall use those funds solely for the purposes of carrying
out the Resident Tuition Support Program: Provided further,
That the Office of the Chief Financial Officer shall provide a
quarterly financial report to the Committees on Appropriations
of the House of Representatives and Senate for these funds
showing, by object class, the expenditures made and the purpose
therefore: Provided further, That in accordance with section
6(b)(1) of the District of Columbia College Access Actof 1999,
approved November 12, 1999 (113 Stat. 1329; D.C. Official Code 38-
2705(b)(1), not more than [$1,200,000] 7% of the total amount
appropriated for this program may be used for administrative expenses.
Federal Payment for Emergency Planning and Security Costs in the
District of Columbia
For necessary expenses, as determined by the Mayor of the
District of Columbia in written consultation with the elected
county or city officials of surrounding jurisdictions,
[$8,533,000] $3,000,000 to remain available until expended, to
reimburse the District of Columbia for the costs of providing
public safety at events related to the presence of the national
capital in the District of Columbia and for the costs of
providing support to respond to immediate and specific
terrorist threats or attacks in the District of Columbia or
surrounding jurisdictions: Provided, That any amount provided
under this heading shall be available only after such amount
has been apportioned pursuant to chapter 15 of title 31, United
States Code.
Federal Payment for School Improvement
For a Federal payment for a school improvement program in
the District of Columbia, [$40,000,000] $40,800,000, to be
allocated as follows: for the District of Columbia Public
Schools, $13,000,000 to improve public school education in the
District of Columbia; for the State Education Office,
$13,000,000 to expand quality public charter schools in the
District of Columbia, to remain available until September 30,
2009 unless such funds are to be used for the credit
enhancement or revolving loan program and then such funds shall
remain available until expended [expended to the extent that
the appropriation or funds are used for public charter school
credit enhancement and direct loans]; for the Secretary of the
Department of Education, [$14,000,000] $14,800,000 to provide
opportunity scholarships for students in the District of
Columbia in accordance with division C, title III of the
District of Columbia Appropriations Act, 2004, approved January
23, 2004 (Public Law 108-199; 118 Stat. 126), of which up to
[$1,000,000] $1,800,000 may be used to administer and fund
assessments.
FEDERAL SUPPORT FOR ECONOMIC DEVELOPMENT AND MANAGEMENT REFORMS IN THE
DISTRICT
Federal Payment for Central Library and Branch Locations
For a Federal payment to the District of Columbia,
$10,000,000, to remain available until expended, for the
Federal contribution toward costs associated with the
renovation and rehabilitation of District libraries.
Federal Payment to the District of Columbia Water and Sewer Authority
For a Federal payment to the District of Columbia Water and
Sewer Authority, [$7,000,000] $12,000,000, to remain available
until expended, to continue implementation of the Combined
Sewer Overflow Long-Term Plan: Provided, That the District of
Columbia Water and Sewer Authority [provides a 100 percent]
provides a match of $7,000,000 and the District of Columbia
provide a match of $5,000,000 in local funds for this payment:
Provided further, That of these funds $5,000,000 federal and
the matching $5,000,000 local shall be expended for water and
sewer infrastructure improvements to support new development in
the area surrounding the South East Federal Center in the
District of Columbia.
[Federal Payment for the Anacostia Waterfront Initiative]
[For a Federal payment to the District of Columbia
Department of Transportation, $3,000,000 to remain available
until September 30, 2007, for design and construction of a
continuous pedestrian and bicycle trail system from the Potomac
River to the District's border with Maryland.]
Federal Payment to the Criminal Justice Coordinating Council
For a Federal payment to the Criminal Justice Coordinating
Council, $1,300,000, to remain available until expended, to
support initiatives related to the coordination of Federal and
local criminal justice resources in the District of Columbia.
[Federal Payment for Transportation Assistance]
[For a Federal payment to the District of Columbia
Department of Transportation, $1,000,000, to operate a downtown
circulator transit system.]
[Federal Payment for Foster Care Improvements in the District of
Columbia]
[For the Federal payment to the District of Columbia for
foster care improvements, $2,000,000 to remain available until
expended: Provided, That $1,750,000 shall be for the Child and
Family Services Agency; of which $1,000,000 shall be for a loan
repayment program for social workers; of which $750,000 shall
be for post-adoption services: Provided further, That $250,000
shall be for the Washington Metropolitan Council of
Governments, to continue a program in conjunction with the
Foster and Adoptive Parents Advocacy Center, to provide respite
care for and recruitment of foster parents: Provided further,
That these Federal funds shall supplement and not supplant
local funds for the purposes described under this heading.]
Federal Payment for Consolidated Laboratory Facility
For the Federal payment to the District of Columbia,
$10,000,000 to remain available until September 30, 2009, for
costs associated with the construction of a consolidated
laboratory facility; Provided, That the District of Columbia
provides a 100 percent match for this payment.
Federal Payment to Reimburse the Federal Bureau of Investigation
[for Bioterrorism and Forensics Laboratory]
For a Federal payment to the District of Columbia,
$5,000,000 to remain available until September 30, [2008] 2010,
for reimbursement to the Federal Bureau of Investigation for
laboratory services for District of Columbia cases. Provided,
That, such funds shall be used for: (1) Evidence examination
and subsequent DNA analysis for the District of Columbia cold
case DNA backlog; and (2) Expansion of resources dedicated to
the processing of District of Columbia cases, including an
increase in personnel, after September 1, 2007; and may be used
for data entry and analysis for District of Columbia cold
cases. [for costs associated with the construction of a
bioterrorism and forensics laboratory. Provided, That the
District of Columbia shall provide an additional $1,500,000
with local funds as a condition of receiving this payment.]
[Federal Payment to the Office of the Chief Financial Officer of the
District of Columbia]
[For a Federal payment to the Office of the Chief Financial
Officer of the District of Columbia, $20,000,000 for upgrading
and expanding public transportation capacity, in accordance
with an expenditure plan submitted by the Mayor of the District
of Columbia not later than 60 days after the enactment of this
section.]
ADMINISTRATIVE PROVISIONS
Crime Victims Compensation Fund
TREATMENT OF UNOBLIGATED BALANCES.--Section 16(d) of the
Victims of Violent Crime Compensation Act of 1996, effective
April 9, 1997 (D.C. Law 11-243; D.C. Official Code Sec. 4-
515(d)), is amended to read as follows--
``(d) Any unobligated balance existing in the Fund as of
the end of each fiscal year (beginning with fiscal year 2006)
shall be transferred from the Fund to the Crime Victims
Assistance Fund established by Sec. 4-515.01 and shall be
available for obligation and expenditures without fiscal year
limitation. All such expenditures shall be in accordance with a
plan developed by the District of Columbia which is submitted
to the Committees on Appropriations of the Senate and House of
Representatives, the Committee on Government Reform of the
House of Representatives, and the Committee on Governmental
Affairs of the Senate.''
TITLE II--DISTRICT OF COLUMBIA FUNDS--SUMMARY OF EXPENSES
The following amounts are appropriated for the District of
Columbia for the current fiscal year out of the general fund of
the District of Columbia, except as otherwise specifically
provided: Provided, That notwithstanding any other provision of
law, except as provided in section 450A of the District of
Columbia Home Rule Act, approved November 2, 2000 (114 Stat.
2440; D.C. Official Code, section 1-204.50a) and provisions of
this Act:[, the] The total amount appropriated in this Act for
operating expenses for the District of Columbia for fiscal year
2008 [2007] under this heading shall not exceed the lesser of
the sum of the total revenues of the District of Columbia for
such fiscal year or [$9,110,361,000] $9,762,702,000 (of which
[$5,271,162,000] $6,100,550,000 (including $348,929,000 from
dedicated taxes) shall be from local funds, [$2,020,101,000]
$2,015,854,000 shall be from Federal grant funds,
[$1,811,214,000] $1,637,736,000 shall be from other funds, and
[$7,885,000] $8,562,000 shall be from private funds), in
addition, [$170,052,000]$117,200,000 from funds previously
appropriated in this Act as Federal payments: Provided further,
That of the local funds, [$284,287,000] $339,989,000 shall be
derived from the District's general fund balance: Provided
further, That of these funds the District's intradistrict
authority shall be [$539,745,000] $648,290,000: in addition for
capital construction projects there is appropriated an increase
of [$2,444,170,000] $1,607,703,000, of which [$1,809,754,000]
$1,042,712,000 shall be from local funds, [$49,867,000]
$38,523,000 from the District of Columbia Highway Trust
fund[s], [$52,000,000] $73,260,000 from the Local Street
Maintenance fund, [$15,000,000] $75,000,000 from revenue bonds,
[$18,200,000 from Certificates of Participation financing,
$63,000,000 from financing for construction of a baseball
stadium, $196,000,000 from financing for construction of a new
hospital or other health facilities] $150,00,000 from financing
for construction of a consolidated laboratory facility,
$42,200,000 for construction of a baseball stadium,
[$239,749,000] $186,008,000 from Federal grant funds, [$600,000
from Qualified Zone Academy Bonds, ]and a rescission of
[$116,245,000] $212,696,000 from local funds appropriated under
this heading in prior fiscal years [(of which $187,450,000 are
from local funds and $54,444,000 are from the Local Street
maintenance fund),] for a net amount of [$2,327,925,000]
$1,395,007,000, to remain available until expended: Provided
further, That the amounts provided under this heading are to be
allocated and expended as proposed under Title III of this Act,
at the rate set forth under `District of Columbia Funds Summary
of Expenses' as included in the Fiscal Year [2007]2008 Proposed
Budget and Financial Plan submitted to the Congress by the
District of Columbia on June 5, 2006[ as amended on January 16,
2007]. Provided further, That this amount may be increased by
proceeds of one-time transactions, which are expended for
emergency or unanticipated operating or capital needs: Provided
further, That such increases shall be approved by enactment of
local District law and shall comply with all reserve
requirements contained in the District of Columbia Home Rule
Act approved December 24, 1973 (87 Stat. 777; D.C. Official
Code Sec. l-201.01 et seq.), as amended by this Act: Provided
further, That the Chief Financial Officer of the District of
Columbia shall take such steps as are necessary to assure that
the District of Columbia meets these requirements, including
the apportioning by the Chief Financial Officer of the
appropriations and funds made available to the District during
fiscal year [2007] 2008, except that the Chief Financial
Officer may not reprogram for operating expenses any funds
derived from bonds, notes, or other obligations issued for
capital projects.
TITLE III--DISTRICT OF COLUMBIA FUNDS
DIVISION OF EXPENSES
OPERATING EXPENSES
Governmental Direction and Support
Governmental direction and support, [$591,505,000]
$411,886,000 (including [$330,101,000] $337,173,000 from local
funds, [$157,746,000) $24,244,000 from Federal grant funds, and
[$103,658,000] $50,469,000 from other funds) Provided, That not
to exceed [$9,300] $10,100 for the Mayor, [$9,300] $10,100 for
the Chairman of the Council of the District of Columbia,
[$9,300] $10,100 for the City Administrator, and [$9,300]
$10,100 for the Office of the Chief Financial Officer shall be
available from this appropriation for official reception and
representation expenses: Provided further, That any program
fees collected from the issuance of debt shall be available for
the payment of expenses of the debt management program of the
District of Columbia: Provided further, That no revenues from
Federal sources shall be used to support the operations or
activities of the Statehood Commission and Statehood Compact
Commission: Provided further, That the District of Columbia
shall identify the sources of funding for Admission to
Statehood from its own locally generated revenues: [Provided
further, That $49,000,000 of other funds appropriated under
this heading shall remain available until expended for
activities authorized through Community Health Care Financing
Fund; ]Provided further, That [beginning in fiscal year 2007
and each year thereafter, ]amounts appropriated by this act may
be increased by the amount required to pay banking fees for
maintaining the funds of the District of Columbia provided
further, that of the funds appropriated to the District of
Columbia by the Continuing Appropriations Resolution, 2007,
approved February 15, 2007 (Pub. L. No. 110-5), under the
Heading ``Governmental Direction and Support,'' $75,000 shall
remain available until expended for the Office of Human Rights
Language Access program; provided further, that not less than
$2,950,000 shall be available from this appropriation for the
Office of the Attorney General for the District of Columbia to
award a grant to the District of Columbia Bar Foundation for
the purpose of providing support to nonprofit organizations
that deliver civil legal services to low-income and under-
served District residents pursuant to the Civil Legal Services
Amendment Act of 2007, passed on 1st reading on May 15, 2007
(Engrossed version of Bill 17-148); provided further, that not
less than $250,000 of this appropriation shall be available to
fund the District of Columbia Poverty Lawyer Loan Assistance
Program established by the District of Columbia Poverty Lawyer
Loan Assistance Repayment Program Act of 2006, effective March
2, 2007 (D.C. Law 16-203; 53 DCR 9055).
[: Provided, further, That no less than $3,200,000 shall be
available from this appropriation to the Office of the Attorney
General for the District of Columbia for the purpose of
providing civil legal services to low-income people].
Economic Development and Regulation
Economic development and regulation, [$543,135,000]
$534,829,000 (including [$194,207,000] $241,755,000 from local
funds (including $89,496,000 dedicated taxes), [$133,524,000]
$140,005,000 from Federal grant funds, [$215,186,000]
$152,989,000 from other funds, and [$217,000] $80,000 from
private funds) of which [$13,000,000] $25,000,000 collected by
the District of Columbia in the form of BID tax revenue shall
be paid to the respective BIDs pursuant to the Business
Improvement Districts Act of 1996, effective May 29, 1996 (D.C.
Law 11-134; D.C. Official Code, sec. 2-1215.01 et seq.), [and
the Business Improvement Districts Amendment Act of 1997 (D.C.
Law 12-26; D.C. Official Code, sec. 2-1215.15 et seq.)]:
Provided, That such funds are available for acquiring services
provided by the General Services Administration: Provided
further, That Business Improvement Districts shall be exempt
from taxes levied by the District of Columbia: Provided
further, That the District is authorized to transfer, either
through a grant or as a direct payment, $1,200,000 in local
funds to the Excel Institute: Provided further, That up to one
percent of the local funds appropriated for the Department of
Employment Services may be deposited into the Integrated
Services Fund for At-Risk Children, Youth, and Families,
established by Title V of the Fiscal Year 2007 Budget Support
Act of 2006, effective March 2, 2007 (D.C. L16-192, Sec. 5203;
53 DCR 6899; D.C. Official Code 41323.02) [passed on 1st
reading on May 9, 2006 (Engrossed version of Bill 16-679), and
used for the purposes set forth in Title V: Provided further,
That amounts appropriated under this heading may be increased
by an amount necessary to execute a transfer of applicable
residual amounts from the District's general funds that to the
special revenue Housing Production Trust fund in accordance
with the Housing Production Trust Fund and New Communities
Financing Clarification Act of 2006 (D.C. Law 16-192) enacted
March 02, 2007[; passed on 1st reading on May 9, 2006
(Engrossed version of Bill 16-679)]: Provided further, That
[$115,578,000] $57,065,000 from dedicated taxes shall be to
execute a transfer from the District's general funds to
[establish a] the special revenue Housing Production Trust
fund.
Public Safety and Justice
Public safety and justice, [$949,393,000] $1,142,625,000
(including [$888,003,000] $963,108,000 from local funds,
[$6,084,000] $105,760,000 from Federal grant funds,
[$55,292,000] $73,557,000 from other funds, and [$14,000]
$200,000 from private funds) in addition, $1,300,000 from funds
previously appropriated in this Act under the heading ``Federal
Payment to the Criminal Justice Coordinating Council'' and
$5,000,000 from funds previously appropriated in this Act under
the heading ``Federal Payment to Reimburse the Federal Bureau
of Investigation'': Provided, That not to exceed $750,000 shall
be available from this appropriation for the Chief of Police
for the prevention and detection of crime: Provided further,
That the Mayor shall reimburse the District of Columbia
National Guard for expenses incurred in connection with
services that are performed in emergencies by the National
Guard in a militia status and are requested by the Mayor, in
amounts that shall be jointly determined and certified as due
and payable for these services by the Mayor and the Commanding
General of the District of Columbia National Guard: Provided
further, That such sums as may be necessary for reimbursement
to the District of Columbia National Guard under the preceding
proviso shall be available from this appropriation, and the
availability of the sums shall be deemed as constituting
payment in advance for emergency services involved[.]: provided
further, that not to exceed $3,700,000 of this appropriation
shall be transferred from the Crime Victims Assistance Fund,
established by section 16a of the Victims of Violent Crime
Compensation Act of 1996, effective October 1, 2002 (D.C. Law
14-190; D.C. Official Code Sec. 4-515.01), to the Shelter and
Transitional Housing for Victims of Domestic Violence Fund
Amendment Act of 2007, passed on 1st reading on May 15, 2007
(Engrossed version of Bill 17-148), and shall remain available
until expended.
Public Education System
Public Education System, including the development of
national defense education programs, [$1,415,333,000]
$1,498,369,000 (including [$1,203,492,000] $1,261,690,000 from
local funds, [$186,577,000] $208,314,000 from Federal grant
funds, [$20,479,000] $22,313,000 from other funds, [$4,785,000]
$6,053,000 from private funds), in addition, $35,100,000 from
funds previously appropriated in this Act under the heading
``Federal Payment for Resident Tuition Support'', and
[$27,050,000] $26,000,000 from funds previously appropriated in
this Act under the heading ``Federal Payment for School
Improvement in the District of Columbia'' to be allocated as
follows:
(1) District of Columbia Public Schools.--[$979,100,000]
$987,144,000 (including [$808,331,000] $796,247,000 from local
funds, [$156,060,000] $174,930,000 from Federal grant funds,
[$10,034,000] $10,004,000 from other funds, [$4,675,000]
$5,962,000 from private funds), in addition, $13,000,000 from
funds previously appropriated in this Act under the heading
``Federal Payment for School Improvement [in the District of
Columbia]'' shall be available for District of Columbia Public
Schools: Provided, That [the amount appropriated under this
heading may be increased by an amount not to exceed $14,000,000
to remain available until expended from local fund balance:
Provided further, That notwithstanding any other provision of
law, rule, or regulation, the evaluation process and
instruments for evaluating District of Columbia Public School
employees shall be a non-negotiable item for collective
bargaining purposes: Provided further, That] this appropriation
shall not be available to subsidize the education of any
nonresident of the District of Columbia at any District of
Columbia public elementary or secondary school during fiscal
year [2006] 2008 unless the nonresident pays tuition to the
District of Columbia at a rate that covers 100 percent of the
costs incurred by the District of Columbia that are
attributable to the education of the nonresident (as
established by the Superintendent of the District of Columbia
Public Schools): Provided further, That not to exceed [$9,300]
$10,100 for the Superintendent of Schools shall be available
from this appropriation for official reception and
representation expenses: Provided further, that no less than
$12,516,000 shall be available from this appropriation for the
Metropolitan Police Departments' provision of security for the
District of Columbia Public Schools: [Provided further, That no
less than $11,000,000 shall be available from this
appropriation for the Metropolitan Police Department's
provision of security for the District of Columbia Public
Schools:) Provided further, That notwithstanding the amounts
otherwise provided under this heading or any other provision of
law, there shall be appropriated to the District of Columbia
Public Schools on July 1, [2007] 2008, an amount equal to 10
percent of the total amount of the local funds appropriations
request provided for the District of Columbia Public Schools in
the proposed budget of the District of Columbia for fiscal year
[2008] 2009 (as submitted to Congress), and the amount of such
payment shall be chargeable against the final amount provided
for the District of Columbia Public Schools under the District
of Columbia Appropriations Act, [2008] 2009[.] ;provided
further, that of the local funds appropriated to the District
of Columbia by the Continuing Appropriations Resolution, 2007
approved February 15, 2007 (Pub.L. No. 110-5), under this
heading, $5,000,000 in local funds shall remain available until
expended to cover expenditures associated with the Blackman v.
District of Columbia and Jones v. District of Columbia consent
decree (``Blackman-Jones''); provided further, that $5,000,000
in local funds for fiscal year 2008 funds shall remain
available until expended for Blackman-Jones.
[(2) Educational Investment Fund.--Of the funds
appropriated under this heading in the District of Columbia
Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2513),
approved November 30, 2005, $1,200,000 in local funds shall
remain available until expended for the District of Columbia
Public Schools to fund the Parent Resource Center Initiative,]
[(3)](2) Teachers' Retirement Fund.--[$14,600,000]
$6,000,000 from local funds shall be available for the
Teacher's Retirement Fund.
[(4)](3) State Education Office.--[$54,023,000] $62,994,000
(including [$14,507,000] $20,131,000 [$18,431,000] from local
funds, [$29,727,000] $32,541,000 from Federal grant funds, and
[$9,789,000] $10,322,000 from other funds), in addition,
$35,100,000 from funds previously appropriated in this Act
under the heading ``Federal Payment for Resident Tuition
Support'' shall be available for the State Education Office and
$13,000,000 from funds previously appropriated in this Act
under the heading ``Federal Payment for School Improvement in
the District of Columbia'' shall be available for the State
Education Office: Provided, That of the amounts provided to the
State Education Office, $1,000,000 from local funds shall
remain available until June 30, [2008]2009 for an audit of the
student enrollment of each District of Columbia Public School
and of each District of Columbia public charter school.
Provided further, That amounts appropriated under this heading
may be increased by an amount not to exceed $9,600,000 to
remain available until expended from the District of Columbia
fund balance as necessary for direct loan and credit
enhancement programs[.] :provided further, that to the extent
that the District expends local funds for this purpose, the
District may reimburse those local funds from Federal funds
previously appropriated but made unavailable for the direct
loan and credit enhancement programs if the Federal funds
become available.
[(5)](4) District of Columbia Public Charter Schools.--
[$266,066,000] $320,366,000 from local funds shall be available
for District of Columbia public charter schools: Provided, That
there shall be quarterly disbursement of funds to the District
of Columbia public charter schools, with the first payment to
occur within 15 days of the beginning of the fiscal year:
Provided further, That if the entirety of this allocation has
not been provided as payments to any public charter schools
currently in operation through the per pupil funding formula,
the funds shall remain available until expended for public
education in accordance with section 2403(b)[(2)] of the
District of Columbia School Reform Act of 1995, approved April
26, 1996 (110 Stat. 1321; D.C. Official Code, sec. 38-
1804.03(b)[(2)]): Provided further, That of the amounts made
available to District of Columbia public charter schools,
$100,000 shall be made available to the Office of the Chief
Financial Officer as authorized by section 2403(b)(S) of the
District of Columbia School Reform Act of 1995, approved April
26, 1996 (110 Stat. 1321; D.C. Official Code, sec. 38-
1804.03(b)(5): Provided further, That [$1,096,086] $320,366,000
of this amount shall be available to the District of Columbia
Public Charter School Board for administrative costs: Provided
further, That notwithstanding the amounts otherwise provided
under this heading or any other provision of law, there shall
be appropriated to the District of Columbia public charter
schools on July 1, [2007]2008, an amount equal to 25 percent of
the total amount of the local funds appropriations request
provided for payments to public charter schools in the proposed
budget of the District of Columbia for fiscal year [2008]2009
(as submitted to Congress), and the amount of such payment
shall be chargeable against the final amount provided for such
payments under the District of Columbia Appropriations Act,
2008: Provided further, That the annual financial audit for the
performance of an individual District of Columbia public
charter school shall be funded by the charter school.
[(6)](5) University of the District of Columbia Subsidy.--
[$59,546,000] $63,977,000 from local funds shall be available
for the University of the District of Columbia subsidy:
Provided, That this appropriation shall not be available to
subsidize the education of nonresidents of the District of
Columbia at the University of the District of Columbia, unless
the Board of Trustees of the University of the District of
Columbia adopts, for the fiscal year ending September 30,
[2007]2008, a tuition rate schedule that will establish the
tuition rate for nonresident students at a level no lower than
the nonresident tuition rate charged at comparable public
institutions of higher education in the metropolitan area:
Provided further, That notwithstanding the amounts otherwise
provided under this heading or any other provision of law,
there shall be appropriated to the University of the District
of Columbia on July 1, [2007]2008, an amount equal to 10
percent of the total amount of the local funds appropriations
request provided for the University of the District of Columbia
in the proposed budget of the District of Columbia for fiscal
year [2008]2009 (as submitted to Congress), and the amount of
such payment shall be chargeable against the final amount
provided for the University of the District of Columbia under
the District of Columbia Appropriations Act, 2008: Provided
further, That not to exceed [$9,300] $10,100 for the President
of the University of the District of Columbia shall be
available from this appropriation for official reception and
representation expenses.
[(7)](6) District of Columbia Public Libraries.--
[$41,998,000]$46,809,000 (including [$40,442,000] $45,239,000
from local funds, [$790,000] $842,000 from Federal grant funds,
[$656,000] $637,000 from other funds, and [$110,000] $91,000
from private funds) shall be available for the District of
Columbia Public Libraries: Provided, That not to exceed
[$7,500] $8,100 for the Public Librarian shall be available
from this appropriation for official reception and
representation expenses[: Provided further, That not less than
$1,000,000 shall be available for the District of Columbia
Public Libraries' operating of full-service and interim branch
libraries on Sundays].
(7) Charter School Board.--$2,638,000 (including $1,288,000
from local funds and $1,350,000 from other funds).
(8) Department of Education.--$2,442,000 from local funds.
(9) Office of Public Education Facilities Modernization--
$6,000,000 from local funds.
Human Support Services
Human support services, [$2,923,171,000] $3,074,024,000
(including [$1,369,566,000] $1,541,417,000 from local funds
(including $10,000,000 in dedicated taxes), [$1,499,898,000]
$1,499,176,000 from Federal grant funds, [$53,572,000]
$32,388,000 from other funds, [$1,134,000] $1,042,000 from
private funds): Provided, That [$30,280,000] $30,280,000 of
this appropriation; to remain available until expended, shall
be available solely for expenses associated with the District
of Columbia employees' disability compensation
program[:Provided further, That the funds appropriated in the
District of Columbia Appropriations Act, 2006, approved
November 30, 2005 (Public Law 109-115; 119 Stat. 2513), for the
Grandparent Caregivers Pilot Program shall remain available
until September 30, 2007: Provided further, That
notwithstanding the provisions restricting the use of the
Medicaid and Special Education Reform Fund in the District of
Columbia Fiscal Year 2003 Appropriations Act, approved February
20, 2003 (Public Law 108-7; 117 Stat. 117), the remaining
balances shall be available for use by any District of Columbia
Government agency in fiscal year 2007 and future fiscal years
for the purposes established in sections 1553 and 1554 of the
Medicaid and Special Education Reform Fund Establishment Act of
2002, effective October 1, 2002 (D.C. Law 14-190; D.C. Official
Code Sec. Sec. 4-204.53 and 4-204.54): Provided further, That
the amounts appropriated under this heading may be increased by
a District transfer of an amount not to exceed $13,000,000 from
its general fund balance into the Medicaid and Special
Education Reform Fund: Provided further, That the authority to
expend funds transferred to the Medicaid and Special Education
Reform Fund shall be effective only after certification by the
Office of the Chief Financial Officer that the amount to be
transferred is necessary to expend for the purposes established
in sections 1553 and 1554 of the Medicaid and Special Education
Reform Fund Establishment Act of 2002, effective October 1,
2002 (D.C. Law 14-190; D.C. Official Code Sec. Sec. 4-204.53
and 4204.54)): Provided further, That up to one percent of the
local funds appropriated for the Child Family and Services
Agency, the Department of Health, the Department of Human
Services, the Department of Mental Health, and the Department
of Youth Rehabilitation Services may be deposited into the
Integrated Services Fund for At-Risk Children, Youth, and
Families, established by Title V of the Fiscal Year 2007 Budget
Support Act of 2006, approved March 2, 2007 (D.C. Law 16-192,
Sec. 5203; 53 DCR 6899; D.C. Official Code 4-1323.02) [passed
on 1st reading on May 9, 2006 (Engrossed version of Bill 16-
679), and used for the purposes set forth in Title V: Provided,
further, That of the amount appropriated for services to the
homeless no less than $300,000 shall be directed to Access
Housing for services to homeless veterans]. Provided further,
that of the local funds appropriated to the District of
Columbia by the Continuing Appropriations Resolution, 2007,
approved February 15, 2007 (Pub. L. No 110-5) under the Heading
``Governmental Direction and Support'' for activities
authorized through the Community Health Care Financing Fund,
the Mayor is authorized to transfer amounts that remain
available to this heading for use by the Department of Health,
and such funds shall remain available until expended.
Public Works
Public works, including rental of one passenger-carrying
vehicle for use by the Mayor and three passenger-carrying
vehicles for use by the Council of the District of Columbia and
leasing of passenger-carrying vehicles, [$424,708,000]
$593,711,000 (including [$351,396,000] $409,248,000 from local
funds, [$18,691,000] $20,142,000 from Federal grant funds,
[$700,000] $500,000 from private funds, and [$53,922,000]
$163,822,000 from other funds[ in addition, $20,000,000 from
funds previously appropriated in this Act under the heading
``Federal Payment for Navy Yard Metro'')]: Provided, That this
appropriation shall not be available for collecting ashes or
miscellaneous refuse from hotels and places of business.
Financing and Other
Financing and Other, [$772,938,000] $1,071,903,000
(including [$749,433,000] 1,002,378,000 from local funds
(including $46,397,000 from dedicated taxes) and [$23,505,000]
$69,526,000 from other funds) to be allocated as follows:
(1) Repayment of Loans and Interest--for payment of
principal, interest, and certain fees directly resulting from
borrowing by the District of Columbia to fund District of
Columbia capital projects as authorized by sections 462, 475,
and 490 of the District of Columbia Home Rule Act (D.C.
Official Code, secs. 1-204.62, 1-204.75, and 1-204.90),
[$405,114,000] $440,707,000 from local funds.
(2) Short-Term Borrowing--for payment of interest on short-
term borrowing, [$8,000,000] $13, 334,000 from local funds.
(3) Certificates of Participation--for principal and
interest payments on the District's Certificates of
Participation, issued to finance the ground lease underlying
the building located at One Judiciary Square, [$31,225,000]
$32,288,000 from local funds.
(4) Settlements and Judgments--for making refunds and for
the payment of legal settlements or judgments that have been
entered against the District of Columbia government,
[$15,655,000] $21,015,000 from local funds: Provided, That this
appropriation shall not be construed as modifying or affecting
the provisions of section 103 of this Act.
(5) Wilson Building--for expenses associated with the John
A. Wilson building, [$4,211,000] $4,190,000 from local funds.
(6) Workforce Investments--for workforce investments,
[$38,500,000] $21,044,000 from local funds, to be transferred
by the Mayor of the District of Columbia within the various
appropriation headings in this Act for which employees are
properly payable.
(7) Non-Departmental--to account for anticipated costs that
cannot be allocated to specific agencies during the development
of the proposed budget, [$45,942,000] $101,680,000 (including
[$22,437,000] $32,154,000 from local funds and [$23,505,000]
$69,526,000 from other funds) to be transferred by the Mayor of
the District of Columbia within the various appropriations
headings in this Act.
(8) for Emergency Planning and Security Fund, [$10,500,000]
$3,000,000 from funds previously appropriated in this Act under
the heading ``Federal Payment for Emergency Planning and
Security Costs in the District of Columbia''; provided, That
notwithstanding any other law, the District of Columbia may
charge obligations and expenditures that are pending
reimbursement under the heading ``Federal Payment for Emergency
Planning and Security Costs in the District of Columbia'' to
this local appropriations heading.
(9) Cash Reserve--for the cumulative cash reserve to be
made available for expenditure consistent with the requirements
established pursuant to section 202(j)(2) of the District of
Columbia Financial Responsibility and Management Assistance Act
of 1995, approved April 17, 1995 (109 Stat. 109; Pub. L. No.
107-96; D.C. Official Code, sec. 47-392.02(j)(2)) for such
reserve $50,000,000 from local funds.
(10) Tax Increment Financing--the amounts appropriated
herein may be increased by an amount not to exceed [$9,710,000]
$16,200,000 from the District's general fund balance for a Tax
Increment Financing program as may be necessary to meet the Tax
Increment Financing requirements.
(11) Equipment Lease Operating--[$43,955,000] $43,755,000
from local funds.[: provided, That for equipment leases, the
Mayor may finance $19,453,000 of equipment cost, plus cost of
issuance not to exceed 2% of the par amount being financed on a
lease purchase basis with a maturity not to exceed 5 years; ]
(12) Emergency and Contingency Funds--For the emergency
reserve fund and the contingency reserve fund under section
450A of the District of Columbia Home Rule Act, approved
November 2, 2000 (114 Stat. 2440; [(] D.C. Official Code, sec.
1-204.50a), the amounts appropriated herein may be increased by
such additional amounts [such additional amounts] from the
funds of the District government [general fund balance] as are
necessary to meet the balance requirements for such funds under
section 450A
(13) Pay-As-You-Go Capital funds--in lieu of capital
financing, [$87,987,000] $108,152,000 from local funds to be
transferred to the Capital Fund
(14) Debt Issuance Costs--for the payment of debt service
issuance costs, [$30,000,000] 60,000,000 from local funds
(15) School Modernization Fund--for a School Modernization
Fund, [$1,650,000] 6,435,000 from local funds
(16) District Retiree Health Contribution--for a District
Retiree Health Contribution, [$4,700,000] 110,907,000 from
local funds to be derived from the District's general fund
balance[: provided, That amounts placed in the District Retiree
Health Contribution account shall be available to make
necessary expenditures; beginning in fiscal year 2007 and each
year thereafter, ]
(17) Baseball Revenue--$46,397,000 from dedicated tax to
account for the inflows and outflows of both operating and
capital dollars in addition, the amounts appropriated herein
may be increased by such amounts as may be necessary and as are
consistent with the Ballpark Omnibus Financing And Revenue Act
of 2004, effective April 08, 2005 (D.C. Law 15-320; D.C.
Official Code Sec. 10-1601.01 et seq.) to pay debt service, and
to maintain and replenish required reserves for baseball
revenue bonds
(18) Revenue Bonds--for the repayment of revenue bonds
[$6,000,000] $12,000,000 from local funds.
[Revised Revenue Estimate Contingency Priority]
[If the Chief Financial Officer of the District of Columbia
certifies through a revised revenue estimate that $74,859,000
is available from local funds, the funds shall be allocated in
accordance with the Allocation of Additional Revenue Act of
2006 in the District of Columbia 2007 Budget Support Act of
2006, passed on 1st reading on May 9, 2006 (Engrossed version
of Bill 16-679). Appropriation of Additional Revenue Act of
2006 in the District of Columbia 2007 Budget Support Act of
2006.]
ENTERPRISE AND OTHER FUNDS
Water and Sewer Authority
Pursuant to section 445a of the District of Columbia Home
Rule Act, approved August 6, 1996 (110 Stat. 1698; D.C.
Official Code Sec. 1-204.45a), which provides that the Council
shall have no authority to revise the budget for the District
of Columbia Water and Sewer Authority, of which 60% represents
rate-payer revenue, the Council forwards this non-appropriated
budget request: For operation of the Water and Sewer Authority,
[$311,642,000] $341,186,000 from other funds, of which
[$6,048,000] $5,355,000 shall be apportioned for repayment of
loans and interest incurred for capital improvement projects
and payable to the District's debt service fund. For
construction projects, [$285,791,000] $466,584,000, to be
distributed as follows: [$136,424,000] $13,781,000 for the Blue
Plains Wastewater Treatment Plant, [$18,834,000] $110,503,000
for the sewer program, [$50,000,000] $98,675,000 for
thecombined sewer program, [$37,524,000] $193,782,000 for the water
program, [$41,252,000] $19,175,000 for the Washington Aqueduct capital
program and, [$1,757,000] $30,668,000 for the capital equipment
program; in addition, [$7,000,000] $12,000,000 from funds previously
appropriated in this Act under the heading ``Federal Payment to the
District of Columbia Water and Sewer Authority'': Provided, That the
requirements and restrictions that are applicable to general fund
capital improvement projects and set forth in this Act under the
Capital Outlay appropriation account shall apply to projects approved
under this appropriation account. .
Washington Aqueduct
For operation of the Washington Aqueduct, [$143,174,000]
$49,815,000 from other funds.
[Stormwater Permit Compliance Enterprise Fund]
[For operation of the Stormwater Permit Compliance
Enterprise Fund, $7,000,000 from other funds.]
Lottery and Charitable Games Enterprise Fund
For the Lottery and Charitable Games Enterprise Fund,
established by the District of Columbia Appropriation Act,
1982, approved December 4, 1981 (Pub. L. No. 97-91; 95 Stat.
1174), for the purpose of implementing the Law to Legalize
Lotteries, Daily Numbers Games, and Bingo and Raffles for
Charitable Purposes in the District of Columbia (D.C. Law 3-
172; D.C. Official Code, sec. 3-1301 et seq. and sec. 22-1716
et seq.), [$256,000,000] $266,700,000 from other funds:
Provided, That the District of Columbia shall identify the
source of funding for this appropriation title from the
District's own locally generated revenues: Provided further,
That no revenues from Federal sources shall be used to support
the operations or activities of the Lottery and Charitable
Games Control Board: Provided further, amounts appropriated
herein may be increased by an amount necessary for [That] the
Lottery and Charitable Games Enterprise Fund [is hereby
authorized] to make transfers to the general fund of the
District of Columbia, in excess of this appropriation, if such
funds are available for transfer.
Sports and Entertainment Commission
For the Sports and Entertainment Commission,
[$195,314,000)] $58,529,000 from other funds to remain
available until expended.
District of Columbia Retirement Board
For the District of Columbia Retirement Board, established
pursuant to section 121 of the District of Columbia Retirement
Reform Act of 1979 (D.C. Official Code, sec. 1-711),
[$34,423,000] $33,249,000 from the earnings of the applicable
retirement funds to pay legal, management, investment, and
other fees and administrative expenses of the District of
Columbia Retirement Board: Provided, That the District of
Columbia Retirement Board shall provide to the Congress and to
the Council of the District of Columbia a quarterly report of
the allocations of charges by fund and of expenditures of all
funds: Provided further, That the District of Columbia
Retirement Board shall provide the Mayor, for transmittal to
the Council of the District of Columbia, an itemized accounting
of the planned use of appropriated funds in time for each
annual budget submission and the actual use of such funds in
time for each annual audited financial report.
Washington Convention Center Enterprise Fund
For the Washington Convention Center Enterprise Fund,
[$80,238,000] $88,742,000 from other funds.
National Capital Revitalization Corporation
For the National Capital Revitalization Corporation,
[$51,592,000] $39,606,000 from other funds.
University of the District of Columbia
For the University of the District of Columbia,
[$104,095,000] $112,613,000 (including, [$59,546,000]
$63,977,000 from local funds, [$18,580,000] $18,214,000 from
Federal funds, [$24,934,000] $29,734,000 from other funds, and
[$1,035,000] $687,000 from private funds): Provided, That this
appropriation shall not be available to subsidize the education
of nonresidents of the District of Columbia at the University
of the District of Columbia, unless the Board of Trustees of
the University of the District of Columbia adopts, for the
fiscal year ending September 30, [2007] 2008, a tuition rate
schedule that will establish the tuition rate for nonresident
students at a level no lower than the nonresident tuition rate
charged at comparable public institutions of higher education
in the metropolitan area.
District of Columbia of Personnel Agency Trust Fund
For the District of Columbia of Personnel Agency Trust
Fund, [$1,265,000] $1,500,000 from other funds.
District of Columbia Public Library Trust Fund
For the District of Columbia Public Library Trust Fund,
$17,000 from other funds.
Unemployment Insurance Trust Fund
For the Unemployment Insurance Trust Fund, $180,000,000
from other funds.
Anacostia Waterfront Corporation
For the Anacostia Waterfront Corporation, or its successor,
[$36,000,000] $16,040,000 from local funds: Provided, That of
the amount made available for capital expenditures under this
heading in fiscal year 2007, $15,000,000 is rescinded[, of
which $31,000,000 shall remain available until expended for
capital expenditures].
Housing Production Trust Fund
For the Housing Production Trust Fund, [$120,418,000]
$122,703,000 in local funds (of which $122,703,000 is from
dedicated taxes) to remain available until expended for
purposes identified by the Housing Production Trust Fund Act of
1988, effective March 16, 1989 (D.C. Law 7-202; D.C. Official
Code Sec. 42-2801 et seq.).
Tax Increment Financing
$16,200,000 from local funds for Tax Increment Financing.
Baseball Fund
For the Baseball Fund, $164,101,000 of which ($157,l01,000
from local funds (including $80,333,000 from dedicated taxes)
and $7,000,000 from other funds) for the Baseball Fund.
CAPITAL OUTLAY
For capital construction projects, an increase of
[$2,444,170,000] $1,607,703,000, of which [$1,809,754,000]
$1,042,712,000 shall be from local funds, [$49,867,000]
$38,523,000 from the District of Columbia Highway Trust
fund[s], [$52,000,000] $73,260,000 from the Local Street
Maintenance fund, [$15,000,000] $75,000,000 from revenue bonds,
[$18,200,000 from Certificates of Participation financing,
$63,000,000 from financing for construction of a baseball
stadium, $196,000,000 from financing for construction of a new
hospital or other health facilities] $150,00,000 from financing
for construction of a consolidated laboratory facility,
$42,200,000 for construction of a baseball stadium,
[$239,749,000] $186,008,000 from Federal grant funds, [$600,000
from Qualified Zone Academy Bonds,] and a rescission of
[$116,245,000] $212,696,000 from local funds appropriated under
this heading in prior fiscal years [(of which $187,450,000 are
from local funds and $54,444,000 are from the Local Street
maintenance fund),] for a net amount of [$2,327,925,000]
$1,395,007,000, to remain available until expended from funds
previously appropriated in this Act under the heading ``Federal
Payment for Central Library and Branch Location'':[;] in
addition, [$5,000,000 from funds previously appropriated in
this Act under the heading ``Federal Payment for the Anacostia
Waterfront Initiative'' and $25,000,000] $10,000,000 to remain
available until [expended] until September 30, 2009 from funds
previously appropriated in this Act under the heading ``Federal
Payment for Consolidated Laboratory Facility''. Provided, That
funds for use of each capital project implementing agency shall
be managed and controlled in accordance with all procedures and
limitations established under the Financial Management System:
Provided further, That all funds provided by this appropriation
title shall be available only for the specific projects and
purposes intended: Provided further, That amounts appropriated
under this heading may be increased by the amount transferred
from funds appropriated in this act as Pay-As-You-Go Capital
funds: Provided further, That the Office of the Chief
Technology Officer of the District of Columbia shall continue
to implement the following information technology projects
through completion of each such project on behalf of the
District of Columbia Public Schools: Student Information System
(project number T2240), Student Information System PCS (project
number T2241), Enterprise Resource Planning (project number
T2242), E-Rate (project number T2243), and SETS Expansion PCS
(project number T2244): Provided further, That renovation of
the office space of the Office of Attorney General at One
Judiciary Square is authorized, subject to approval of
financing for that purpose in accordance with laws enacted by
the Council.
TITLE IV--GENERAL PROVISIONS
SEC. 101. Whenever in this Act, an amount is specified
within an appropriation for particular purposes or objects of
expenditure, such amount, unless otherwise specified, shall be
considered as the maximum amount that may be expended for said
purpose or object rather than an amount set apart exclusively
therefor.
SEC. 102. Appropriations in this Act shall be available for
expenses of travel and for the payment of dues of organizations
concerned with the work of the District of Columbia government,
when authorized by the Mayor, or, in the case of the Council of
the District of Columbia, funds may be expended with the
authorization of the Chairman of the Council.
SEC. 103. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or
judgments that have been entered against the District of
Columbia government.
SEC. 104. (a) Except as provided in subsection (b), no part
of this appropriation shall be used for publicity or propaganda
purposes or implementation of any policy including boycott
designed to support or defeat legislation pending before
Congress or any State legislature.
(b) The District of Columbia may use local funds provided
in this title to carry out lobbying activities on any matter
[other than--
(1) the promotion or support of any boycott; or
(2) statehood for the District of Columbia or voting
representation in Congress for the District of Columbia].
(c) Nothing in this section may be construed to prohibit
any elected official from advocating with respect to any of the
issues referred to in subsection (b).
SEC. 105. (a) None of the funds provided under this title
to the agencies funded by this title, both Federal and District
government agencies, that remain available for obligation or
expenditure in fiscal year [2006] 2008, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
title, shall be available for obligation or expenditures for an
agency through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility
center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds have
been denied or restricted;
(5) reestablishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in
excess of $3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center,
unless, in the case of federal funds, the Committees on
Appropriations of the House of Representatives and Senate are
notified in writing 15 days in advance of the reprogramming and
in the case of local funds, the Committees on Appropriations of
the House of Representatives and Senate are provided summary
reports on April 1, 2008 and October 1, 2008, setting forth
detailed information regarding each such local funds
reprogramming conducted subject to this subsection.
(b) Except as otherwise provided in this Act, none the
local funds contained in this Act may be available for
obligation or expenditure for an agency through a transfer of
any local funds in excess of $3,000,000from one appropriation
heading to another unless the Committees on Appropriations of the House
of Representatives and Senate are [notified in writing 15 days in
advance of the transfer] provided summary reports on April 1, 2008 and
October 1, 2008, setting forth detailed information regarding each
reprogramming conducted subject to this subsection, except that in no
event may the amount of any funds transferred exceed 4 percent of the
local funds in the appropriations.
(c) The District of Columbia Government is hereby
authorized to approve and execute reprogramming and transfer
requests of local funds under this Title to meet existing
obligations through December 01, 2008.
SEC. 106. Consistent with the provisions of section 1301(a)
of title 31, United States Code, appropriations under this Act
shall be applied only to the objects for which the
appropriations were made except as otherwise provided by law.
SEC. 107. Notwithstanding any other provisions of law[, the
provisions of the District of Columbia Government Comprehensive
Merit Personnel Act of 1978 (D.C. Law 2-139; D.C. Official
Code, section 1-601.01 et seq.), enacted pursuant to section
422(3) of the District of Columbia Home Rule Act (D.C. Official
Code, section 1-2041.22(3)), shall apply with respect to the
compensation of District of Columbia employees. For pay
purposes, employees of the District of Columbia government
shall not be subject to the provisions of title 5, United
States Code.] (or 5 U.S.C. Sec. 8344(a)), the District
Government Reemployed Annuitant Offset Amendment Act of 2004,
effective December 7, 2004 (D.C. Law 15-207; 51 DCR 8799),
shall apply to any individual employed in an appointive or
elective position with the District of Columbia government
after December 7, 2004.
SEC. 108. No later than 30 days after the end of the first
quarter of fiscal year [2006] 2008, the Mayor of the District
of Columbia shall submit to the Council of the District of
Columbia and the Committees on Appropriations of the House of
Representatives and Senate the new fiscal year [2006] 2008
revenue estimates as of the end of such quarter. These
estimates shall be used in the budget request for fiscal year
[2007] 2009. The officially revised estimates at midyear shall
be used for the midyear report.
[SEC. 109. No sole source contract with the District of
Columbia government or any agency thereof may be renewed or
extended without opening that contract to the competitive
bidding process as set forth in section 303 of the District of
Columbia Procurement Practices Act of 1985 (D.C. Law 6-85; D.C.
Official Code, section 2-303.03), except that the District of
Columbia government or any agency thereof may renew or extend
sole source contracts for which competition is not feasible or
practical, but only if the determination as to whether to
invoke the competitive bidding process has been made in
accordance with duly promulgated rules and procedures and has
been reviewed and certified by the Chief Financial Officer of
the District of Columbia.]
SEC. [110] 109. None of the Federal funds provided in this
Act may be used by the District of Columbia to provide for
salaries, expenses, or other costs associated with the offices
of United States Senator or United States Representative under
section 4(d) of the District of Columbia Statehood
Constitutional Convention Initiatives of 1979 (D.C. Law 3-171;
D.C. Official Code, section 1-123).
[SEC. [111] 110. None of the Federal funds made available
in this Act may be used to implement or enforce the Health Care
Benefits Expansion Act of 1992 (D.C. Law 9-114; D.C. Official
Code, section 32-701 et seq.) or to otherwise implement or
enforce any system of registration of unmarried, cohabiting
couples, including but not limited to registration for the
purpose of extending employment, health, or governmental
benefits to such couples on the same basis that such benefits
are extended to legally married couples.]
SEC. [112] 110. (a) Notwithstanding any other provision of
this Act, the Mayor, in consultation with the Chief Financial
Officer of the District of Columbia may accept, obligate, and
expend Federal, private, and other grants received by the
District government that are not reflected in the amounts
appropriated in this Act.
(b)(l) No such Federal, private, or other grant may be
obligated, or expended pursuant to subsection (a) until--
(A) the Chief Financial Officer of the District of Columbia
submits to the Council a report setting forth detailed
information regarding such grant; and
(B) the Council has reviewed and approved the obligation,
and expenditure of such grant.
(2) For purposes of paragraph (l)(B), the Council shall be
deemed to have reviewed and approved the obligation, and
expenditure of a grant if--
(A) no written notice of disapproval is filed with the
Secretary of the Council within 14 calendar days of the receipt
of the report from the Chief Financial Officer under paragraph
(l)(A) or
(B) if such a notice of disapproval is filed within such
deadline, the Council does not by resolution disapprove the
obligation, or expenditure of the grant within 30 calendar days
of the initial receipt of the report from the Chief Financial
Officer under paragraph (l)(A).
(c) No amount may be obligated or expended from the general
fund or other funds of the District of Columbia government in
anticipation of the approval or receipt of a grant under
subsection (b)(2) or in anticipation of the approval or receipt
of a Federal, private, or other grant not subject to such
subsection.
(d) The Chief Financial Officer of the District of Columbia
may adjust the budget for Federal, private, and other grants
received by the District government reflected in the amounts
appropriated in this title, or approved and received under
subsection (b)(2) to reflect a change in the actual amount of
the grant.
(e) The Chief Financial Officer of the District of Columbia
shall prepare a quarterly report setting forth detailed
information regarding all Federal, private, and other grants
subject to this section. Each such report shall be submitted to
the Council of the District of Columbia, [and] to the
Committees on Appropriations of the House of Representatives
and Senate, and to the President not later than 15 days after
the end of the quarter covered by the report.
SEC. [113] 111. (a) Except as otherwise provided in this
section, none of the funds made available by this Act or by any
other Act may be used to provide any officer or employee of the
District of Columbia with an official vehicle unless the
officer or employee uses the vehicle only in the performance of
the officer's or employee's official duties. For purposes of
this paragraph, the term `official duties' does not include
travel between the officer's or employee's residence and
workplace, except in the case of--
(l) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or is
otherwise designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency Medical
Services Department who resides in the District of Columbia and
is on call 24 hours a day or is otherwise designated by the
Fire Chief;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of Columbia
Department of Corrections who resides in the District of
Columbia and is on call 24 hours a day or is otherwise
designated by the Director;
[(3)] (4) the Mayor of the District of Columbia; and
[(4)] (5) the Chairman of the Council of the District of
Columbia.
[(b) The Chief Financial Officer of the District of
Columbia shall submit by March 1, 2006, an inventory, as of
September 30, 2005, of all vehicles owned, leased or operated
by the District of Columbia government. The inventory shall
include, but not be limited to, the department to which the
vehicle is assigned; the year and make of the vehicle; the
acquisition date and cost; the general condition of the
vehicle; annual operating and maintenance costs; current
mileage; and whether the vehicle is allowed to be taken home by
a District officer or employee and if so, the officer or
employee's title and resident location.]
[SEC. 114. None of the funds contained in this Act may be
used for purposes of the annual independent audit of the
District of Columbia government for fiscal year 2006 unless--
(l) the audit is conducted by the Inspector General of the
District of Columbia, in coordination with the Chief Financial
Officer of the District of Columbia, pursuant to section
208(a)( 4) of the District of Columbia Procurement Practices
Act of 1985 (D.C. Official Code, section 2-302.8); and
(2) the audit includes as a basic financial statement a
comparison of audited actual year-end results with the revenues
submitted in the budget document for such year and the
appropriations enacted into law for such year using the format,
terminology, and classifications contained in the law making
the appropriations for the year and its legislative history.]
[SEC. [115] 113. (a) None of the federal funds contained in
this Act may be used by the Office of the Attorney General of
the [District of Columbia Corporation Counsel] or any other
officer or entity of the District government to provide
assistance for any petition drive or civil action which seeks
to require Congress to provide for voting representation in
Congress for the District of Columbia.
(b) Nothing in this section bars the Office of the Attorney
General of the District of Columbia [Corporation Counsel] from
reviewing or commenting on briefs in private lawsuits, or from
consulting with officials of the District government regarding
such lawsuits.]
[SEC. [116] 114. (a) None of the federal funds contained in
this Act may be used for any program of distributing sterile
needles or syringes for the hypodermic injection of any illegal
drug.
(b) Any individual or entity who receives any funds
contained in this Act and who carries out any program described
in subsection (a) shall account for all funds used for such
program separately from any funds contained in this Act.]
[SEC. 117. None of the funds contained in this Act may be
used after the expiration of the 60-day period that begins on
the date of the enactment of this Act to pay the salary of any
chief financial officer of any office of the District of
Columbia government (including any independent agency of the
District of Columbia) who has not filed a certification with
the Mayor and the Chief Financial Officer of the District of
Columbia that the officer understands the duties and
restrictions applicable to the officer and the officer's agency
as a result of this Act (and the amendments made by this Act),
including any duty to prepare a report requested either in the
Act or in any of the reports accompanying the Act and the
deadline by which each report must be submitted: Provided, That
the Chief Financial Officer of the District of Columbia shall
provide to the Committees on Appropriations of the House of
Representatives and Senate by April 1, 2006 and October 1,
2006, a summary list showing each report, the due date, and the
date submitted to the Committees.]
[SEC. [118] 115. Nothing in this Act may be construed to
prevent the Councilor Mayor of the District of Columbia from
addressing the issue of the provision of contraceptive coverage
by health insurance plans, but it is the intent of Congress
that any legislation enacted on such issue should include a
`conscience clause' which provides exceptions for religious
beliefs and moral convictions.]
[SEC. 119. The Mayor of the District of Columbia shall
submit to the Committees on Appropriations of the House of
Representatives and Senate, the Committee on Government Reform
of the House of Representatives, and the Committee on
Governmental Affairs of the Senate quarterly reports
addressing--
(1) crime, including the homicide rate, implementation of
community policing, the number of police officers on local
beats, and the closing down of open-air drug markets;
(2) access to substance and alcohol abuse treatment,
including the number of treatment slots, the number of people
served, the number of people on waiting lists, and the
effectiveness of treatment programs;
(3) management of parolees and pre-trial violent offenders,
including the number of halfway houses escapes and steps taken
to improve monitoring and supervision of halfway house
residents to reduce the number of escapes to be provided in
consultation with the Court Services and Offender Supervision
Agency for the District of Columbia;
(4) education, including access to special education
services and student achievement to be provided in consultation
with the District of Columbia Public Schools and the District
of Columbia public charter schools;
(5) improvement in basic District services, including rat
control and abatement;
(6) application for and management of Federal grants,
including the number and type of grants for which the District
was eligible but failed to apply and the number and type of
grants awarded to the District but for which the District
failed to spend the amounts received; and
(7) indicators of child well-being.]
SEC. [120] 112. (a) No later than 30 calendar days after
the date of the enactment of this Act, the Chief Financial
Officer of the District of Columbia shall submit to the
President and the appropriate committees of Congress, the
Mayor, and the Council of the District of Columbia a revised
appropriated funds operating budget in the format of the budget
that the District of Columbia government submitted pursuant to
section 442 of the District of Columbia Horne Rule Act (D.C.
Official Code, section 1204.42), for all agencies of the
District of Columbia government for fiscal year [2006] 2008
that is in the total amount of the approved appropriation and
that realigns all budgeted data for personal services and
other-than-personal-services, respectively, with anticipated
actual expenditures.
(b) This section shall apply only to an agency where the
Chief Financial Officer of the District of Columbia certifies
that a reallocation is required to address unanticipated
changes in program requirements.
[SEC. 122. (a) None of the funds contained in this Act may
be made available to pay--
(1) the fees of an attorney who represents a party in an
action or an attorney who defends an action brought against the
District of Columbia Public Schools under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.) in excess
of $4,000 for that action; or
(2) the fees of an attorney or firm whom the Chief
Financial Officer of the District of Columbia determines to
have a pecuniary interest, either through an attorney, officer,
or employee of the firm, in any special education diagnostic
services, schools, or other special education service
providers.
(b) In this section, the term ``action'' includes an
administrative proceeding and any ensuing or related
proceedings before a court of competent jurisdiction.]
[SEC. 123. The Chief Financial Officer of the District of
Columbia shall require attorneys in special education cases
brought under the Individuals with Disabilities Education Act
(IDEA) in the District of Columbia to certify in writing that
the attorney or representative rendered any and all services
for which they receive awards, including those received under a
settlement agreement or as part of an administrative
proceeding, under the IDEA from the District of Columbia. As
part of the certification, the Chief Financial Officer of the
District of Columbia shall require all attorneys in IDEA cases
to disclose any financial, corporate, legal, memberships on
boards of directors, or other relationships with any special
education diagnostic services, schools, or other special
education service providers to which the attorneys have
referred any clients as part of this certification. The Chief
Financial Officer shall prepare and submit quarterly reports to
the Committees on Appropriations of the House of
Representatives and Senate on the certification of and the
amount paid by the government of the District of Columbia,
including the District of Columbia Public Schools, to attorneys
in cases brought under IDEA. The Inspector General of the
District of Columbia may conduct investigations to determine
the accuracy of the certifications.]
SEC. [124] 113. The amount appropriated by this Act may be
increased by no more than [$42,000,000] $50,000,000 from funds
identified in the comprehensive annual financial report as the
District's fiscal year [2005] 2006 unexpended general fund
surplus. The District may obligate and expend these amounts
only in accordance with the following conditions:
(1) The Chief Financial Officer of the District of Columbia
shall certify that the use of any such amounts is not
anticipated to have a negative impact on the District's long-
term financial, fiscal, and economic vitality.
(2) The District of Columbia may only use these funds for
the following expenditures:
(A) One-time expenditures.
(B) Expenditures to avoid deficit spending.
(C) Debt Reduction.
(D) Program needs.
(E) Expenditures to avoid revenue shortfalls.
(3) The amounts shall be obligated and expended in
accordance with laws enacted by the Council in support of each
such obligation or expenditure.
(4) The amounts may not be used to fund the agencies of the
District of Columbia government under court ordered
receivership.
(5) The amounts may not be obligated or expended unless the
Mayor notifies the Committees on Appropriations of the House of
Representatives and Senate not fewer than 30 days in advance of
the obligation or expenditure.
[SEC. 125. (a) The fourth proviso in the item relating to
``Federal Payment for School Improvement'' in the District of
Columbia Appropriations Act, 2005 (Public Law 108-335; 118
Stat. 1327) is amended--
(1) by striking ``$4,000,000'' and inserting ``$4,000,000,
to remain available until expended,''; and
(2) by striking ``$2,000,000 shall be for a new incentive
fund'' and inserting ``$2,000,000, to remain available until
expended, shall be for a new incentive fund''.
(b) The amendments made by subsection (a) shall take effect
as if included in the enactment of the District of Columbia
Appropriations Act, 2005.]
SEC. [126] 114. (a) To account for an unanticipated growth
of revenue collections, the amount appropriated as District of
Columbia Funds pursuant to this Act may be increased--
(1) by an aggregate amount of not more than 25 percent, in
the case of amounts proposed to be allocated as ``Other-Type
Funds'' in the Fiscal Year [2006] 2008 Proposed Budget and
Financial Plan submitted to Congress by the District of
Columbia [on June 6, 2005]; and
(2) by an aggregate amount of not more than 6 percent, in
the case of any other amounts proposed to be allocated in such
Proposed Budget and Financial Plan.
(b) The District of Columbia may obligate and expend any
increase in the amount of funds authorized under this section
only in accordance with the following conditions:
(1) The Chief Financial Officer of the District of Columbia
shall certify--
(A) the increase in revenue; and
(B) that the use of the amounts is not anticipated to have
a negative impact on the long-term financial, fiscal, or
economic health of the District.
(2) The amounts shall be obligated and expended in
accordance with laws enacted by the Council of the District of
Columbia in support of each such obligation and expenditure,
consistent with the requirements of this Act.
(3) The amounts may not be used to fund any agencies of the
District government operating under court-ordered receivership.
(4) The amounts may not be obligated or expended unless the
Mayor has notified the Committees on Appropriations of the
House of Representatives and Senate not fewer than 30 days in
advance of the obligation or expenditure.
[SEC. 127] 115. The Chief Financial Officer for the
District of Columbia may, for the purpose of cash flow
management, conduct short-term borrowing from the emergency
reserve fund and from the contingency reserve fund established
under section 450A of the District of Columbia Home Rule Act
approved November 22, 2000 (114 Stat. 2440; D.C. Official Code
Sec. 1-204.50a [Public Law 98-198]): Provided, That the amount
borrowed shall not exceed 50 percent of the total amount of
funds contained in both the emergency and contingency reserve
funds at the time of borrowing: Provided further, That the
borrowing shall not deplete either fund by more than 50
percent: Provided further, That 100 percent of the funds
borrowed shall be replenished within 9 months of the time of
the borrowing or by the end of the fiscal year, whichever
occurs earlier: Provided further, That in the event that short-
term borrowing has been conducted and the emergency or the
contingency funds are later depleted below 50 percent as a
result of an emergency or contingency, an amount equal to the
amount necessary to restore reserve levels to 50 percent of the
total amount of funds contained in both the emergency and
contingency reserve fund must be replenished from the amount
borrowed within 60 days.
[SEC. [128] 120. (a) None of the federal funds contained in
this Act may be used to enact or carry out any law, rule, or
regulation to legalize or otherwise reduce penalties associated
with the possession, use, or distribution of any schedule I
substance under the Controlled Substances Act (21 U.S.C. 802)
or any tetrahydrocannabinols derivative.
(b) The Legalization of Marijuana for Medical Treatment
Initiative of 1998, also known as Initiative 59, approved by
the electors of the District of Columbia on November 3, 1998,
shall not take effect.]
[SEC. [129] 121. None of the federal funds appropriated
under this Act shall be expended for any abortion except where
the life of the mother would be endangered if the fetus were
carried to term or where the pregnancy is the result of an act
of rape or incest.]
[SEC. 130. Section 7 of the District of Columbia Stadium
Act of 1957 (Public Law 85-300, 71 Stat. 619), as amended, is
further amended by inserting after paragraph (d)( 4) the
following:
``(e)(1) Upon receipt of a written description from the
District of Columbia of not more than 15 contiguous acres
(hereinafter referred to as `the 15 acres'), within the area
designated `D' on the revised map entitled `Map to Designate
Transfer of Stadium and Lease of Parking Lots to the District'
and bound by 21st Street, NE, Oklahoma Avenue, NE, Benning
Road, NE, the Metro line, and C Street, NE, and execution of a
long-term lease by the Mayor of the District of Columbia that
is contingent upon the Secretary's conveyance of the 15 acres
and for the purpose consistent with this paragraph, the
Secretary shall convey the 15 acres described land to the
District of Columbia for the purpose of siting, developing, and
operating an educational institution for the public welfare,
with first preference given to a pre-collegiate public boarding
school.
``(2) Upon conveyance, the portion of the stadium lease
that affects the 15 acres on the property and all the
conditions associated therewith shall terminate, and the 15
acres property shall be removed from the `Map to Designate
Transfer of Stadium and Lease of Parking Lots to the District',
and the long-term lease described in paragraph (1) shall take
effect immediately. The Mayor of the District of Columbia shall
execute and deliver a quitclaim deed to effectuate the
District's responsibilities under this section.'']
[SEC. 131. The authority that the Chief Financial Officer
of the District of Columbia exercised with respect to personnel
and the preparation of fiscal impact statements during a
control period (as defined in Public Law 104-8) shall remain in
effect until September 30, 2006.]
[SEC. 132. The entire process used by the Chief Financial
Officer to acquire any and all kinds of goods, works and
services by any contractual means, including but not limited to
purchase, lease or rental, shall be exempt from all of the
provisions of the District of Columbia's Procurement Practices
Act: Provided, That provisions made by this subsection shall
take effect as if enacted in D.C. Law 11-259 and shall remain
in effect until September 30, 2006.]
[SEC. 134. The Chief Financial Officer of the District is
hereby authorized to transfer $5,000,000 from the local funds
appropriated for the Deputy Mayor for Economic Development to
the Anacostia Waterfront Corporation and to reallocate the
appropriation authority for such funds to a heading to be
entitled ``Anacostia Waterfront Corporation'' in addition, an
amount of $3,200,000 is hereby appropriated from the local
funds made available to the Anacostia Waterfront Corporation in
fiscal year 2005: Provided, That all of the funds made
available herein to the Anacostia Waterfront Corporation shall
remain available until expended.]
[SEC. 135. Amounts appropriated in the Act for the
Department of Health may be increased by $250,000 in local
funds to remain available until expended to conduct a health
study in Spring Valley.]
[SEC. 136. Notwithstanding section 602(c)(1) of the
District of Columbia Home Rule Act, amendments to the Ballpark
Technical Amendments Act of 2005 and the Ballpark Fee Rebate
Act of 2005 shall take effect on the date of the enactment by
the District of Columbia.]
SEC. 116. Amounts appropriated in this Act as operating
funds may be transferred to the District of Columbia's
enterprise and capital funds and such amounts, once transferred
shall retain appropriation authority consistent with the
provisions of this Act.
SEC. 117. The Student Funding Formula Assessment,
Educational Data Warehouse, and Enrollment Fund Establishment
Amendment Act of 2007, passed on 1st reading on May 15, 2007,
(Engrossed version of Bill 17-148) is enacted into law.
SEC. [137] 118. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this division shall be
treated as referring only to the provisions of this division.
This division [Act] may be cited as the ``District of
Columbia Appropriations Act, [2006] 2008''.
DIVISION--B\1\
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\1\Provisions included under Division B shall be transmitted by the
Mayor to the House Committee on Government Reform and the Senate
Committee on Homeland Security and Governmental Affairs for enactment.
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DISTRICT OF COLUMBIA AUTHORIZATION REQUEST
SEC. 201. The following proviso under the heading ``Lottery
and Charitable Games Enterprise Fund'' in the District of
Columbia Appropriations Act, 1982, approved December 4, 1981
(95 Stat. 1174; Public Law 97-91), is repealed:
``Provided further, That the advertising, sale, operation,
or playing of the lotteries, raffles, bingos, or other games
authorized by D.C. Law 3-172 is prohibited on the Federal
enclave, and in adjacent public buildings and land controlled
by the Shipstead-Luce Act as amended by 53 Stat. 1144, as well
as in the Old Georgetown Historic District''.
SEC. 202. Section 11201 of the National Capital
Revitalization and Self-Government Improvement Act of 1997,
approved August 5, 1997 (111 Stat. 734; D.C. Official Code
Sec. 24-101), is amended by adding a new subsection (a-1) to
read as follows:
``(a-1) Reimbursement to District of Columbia Department of
Corrections.--The United States Government shall reimburse the
District of Columbia Department of Corrections its costs of
providing custody and care for:
``(1) Felons committed by the Superior Court of the
District of Columbia from the date of sentencing until transfer
to a penal or correctional facility operated or contracted for
by the Bureau of Prisons;
``(2) Previously sentenced felons committed to the
Department of Corrections as violators of parole, supervised
release, or probation from the date of commitment until
transfer to a penal or correctional facility operated or
contracted for by the Bureau of Prisons; and
``(3) Previously sentenced felons held by or committed to
the Department of Corrections on writs from the date of
commitment until transfer to a penal or correctional facility
operated or contracted for by the Bureau of Prisons.''.
Sec. 203. Notwithstanding any other law, the all entities
within the District of Columbia shall be subject to the general
sales tax of the District of Columbia for sales to the public
in gift shops, restaurants, and similar facilities.
SEC. 2040 Section 424a [as amended, 425] of the District of
Columbia Home Rule Act, approved October 16, 2006 (120 Stat.
2037; D.C. Official Code Sec. 1-204.25), is amended as follows:
(a) Subsection (b)(3) is amended by striking the phrase
``subordinate and independent agencies'' and inserting the
phrase ``subordinate and independent agencies, including
independent authorities'' in its place.
(b) Subsection (c)(l) is amended by striking the phrase
``subordinate and independent agencies'' and inserting the
phrase ``subordinate and independent agencies, including
independent authorities'' in its place.
SEC. [204]205. Notwithstanding any other law (or 5 USC
Sec. 8344(a)), the District Government Reemployed Annuitant
Offset Amendment Act of 2004, effective December 7, 2004 (D.C.
Law 15-207; 51 DCR 8799), shall apply to any individual
employed in an appointive or elective position with the
District of Columbia government after December 7, 2004.
SEC. [205]206. The 2005 District of Columbia Omnibus
Authorization Act (Public Law 109-356; 120 Stat. 2021) is
amended as follows:
(a) Section 101(c) is amended to read as follows:
``(c) EFFECTIVE DATE--This section shall apply fiscal year
2006 and each succeeding fiscal year.''.
(b) Section 102(a)(4) is amended to read as follows:
``(4) EFFECTIVE DATE--This section shall apply fiscal year
2006 and each succeeding fiscal year.''.
(c) Section 202(a) is amended as follows:
(1) Paragraph (1) is amended by striking the phrase ``Sec.
424. (a) IN GENERAL.'' and inserting the phrase ``Sec. 425. (a)
IN GENERAL.'' in its place.
(2) Paragraph (2) is amended by striking the phrase ``Sec.
424a. Authority'' and inserting the phrase `` Sec. 425.
Authority'' in its place.
(d) Section 203(a) is amended as follows:
(1) Paragraph (1) is amended as follows:
(A) Strike the phrase ``Sec. 424b. The Chief'' and insert
the phrase ``Sec. 426. The Chief'' in its place.
(B) Strike the date ``1986'' and insert the date ``1985''
in its place.
(2) Paragraph (2) is amended by striking the phrase ``Sec.
424b. Procurement'' and inserting the phrase ``Sec. 426.
Procurement'' in its place.
[(c)] (e) Section 305(f) is amended to read as follows:
``(f) EFFECTIVE DATE--This section shall apply fiscal year
2006 and each succeeding fiscal year.''.
SEC. 207. The District of Columbia School Reform Act of
1995, approved April 26, 1996 (110 Stat. 1321; D.C. Official
Code Sec. 38-1800.01 et seq.) is amended as follows:
(a) Section 2203(j)(1) (D.C. Official Code Sec. 38-
1802.03(j)(1)) is repealed
(b) Section 2210(d) (D.C. Official Code Sec. 38-1802.10(d))
is repealed.
SEC. [206] 208. The federal government shall compensate the
District for use and occupancy of public space closed for the
security of federal buildings within the District of Columbia
and such compensation shall be deemed to be included in and
available from the annual appropriations for each agency of the
federal government.
This Act may be cited as the ``District of Columbia Omnibus
Authorization Act, [2006] 2008''.