District of Columbia Appropriations Act for FY2005: Comparison of General Provisions of P.L. 108-199 and House, Senate, and Conference Versions of H.R. 4850 (P.L. 108-335)

Order Code RL32510

CRS Report for Congress

Received through the CRS Web

District of Columbia Appropriations Act for FY2005:

Comparison of General Provisions of P.L. 108-199 and

House, Senate, and Conference Versions of H.R. 4850

(P.L. 108-335)

Updated December 22, 2004

Eugene Boyd

Analyst in American National Government

Government and Finance Division

Congressional Research Service ˜ The Library of Congress

District of Columbia Appropriations Act for FY2005:

Comparison of General Provisions of P.L. 108-199

and House, Senate, and Conference Versions of

H.R. 4850 (P.L. 108-335)

Summary

This report summarizes the general provisions of the District of Columbia

Appropriations Act for FY2004 (Division C, Title IV, of P.L. 108-199) and the

District of Columbia Appropriations Act for FY2005, P.L. 108-335 (formerly H.R.

4850). It only briefly summarizes proposed and final FY2005 funding levels. For

details on FY2005 proposed funding levels and analysis of key policy issues in the

House, Senate, and conference versions of the FY2005 act, see CRS Report

RL32313, Appropriations for FY2005: District of Columbia, by Eugene Boyd.

On July 7, 2004, the House Appropriations Subcommittee on the District of

Columbia marked up an unnumbered bill to provide congressional approval of the

city’s budget and provide federal payments to the District of Columbia for targeted

activities. On July 14, the House Appropriations Committee considered and voted

to report the unnumbered bill without amendments. The committee recommended

approval of the city’s $8.2 billion budget, which includes a $6.2 billion operating

budget and $2 billion in enterprise funds. The committee also recommended $560

million in special federal payments to the city. The committee bill, designated H.R.

4850, was reported to the House on July 19, 2004. H.R. 4850 was passed by the

House the following day, July 20, by a vote of 371 to 54. It was approved by the

Senate on September 22, 2004, by voice vote. The conference version was approved

by both the House and the Senate on October 6, 2004, and was signed by the

President on October 18, 2004, as P.L. 108-335. On December 8, 2004, the President

signed P.L. 108-447, which included several charter school-related amendments of

provisions in P.L. 108-335. Table 1 is a section-by-section comparison of the

general provisions of P.L. 108-199 and P.L. 108-335 (formerly H.R. 4850).

These general provisions, which can be grouped into six categories, address

fiscal and budgetary matters; impose administrative controls; facilitate congressional

oversight and reporting; limit use of appropriated funds for advocacy of District

statehood or congressional voting representation; address educational issues; and

impose limits, restrictions, and prohibitions on the use of federal or local funding to

carry out specific social policies (see Table 2). For instance, P.L. 108-335 continues

to (1) allow the District to use its local, but not federal, funds to administer a

domestic partners health insurance act approved by the city in 1992; (2) prohibit the

use of District or federal funds to prepare and implement a medical marijuana ballot

initiative; and (3) restrict the use of federal or District funds for abortion services

except in instances of rape or incest, or a threat to the mother’s health. The act

continues to prohibit the use of local and federal funding for a needle exchange

program. The Senate bill would have allow the use of local funds for such a

program. The act, as passed, also includes fiscal and budgetary controls prohibiting

deficit spending, limiting the reprogramming of funds, prohibiting the use of sole

source contracts, and detailing requirements for emergency and contingency reserve

funds. This report will be updated as warranted.

Contents

Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

List of Tables

Table 1. District of Columbia Appropriations General Provisions: P.L.108-199

and House, Senate, and Conference Bills for FY2005 (P.L. 108-335) . . . . . 4

Table 2. H.R. 4850 General Provisions by Selected Classification: House,

Senate, and Conference Versions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

District of Columbia Appropriations Act

for FY2005: Comparison of General

Provisions of P.L. 108-199 and House,

Senate, and Conference Versions of

H.R. 4850 (P.L. 108-335)

Background

This report summarizes the general provisions of the District of Columbia

Appropriations Act.1 When enacting appropriations for the District of Columbia,

Congress has typically included a number of general provisions. Table 1, which

follows, is a side-by-side comparison of the general provisions of the District of

Columbia Appropriations Act for FY2004 (Division C of P.L. 108-199) and the

House, Senate, and conference versions of H.R. 4850, an act appropriating funds for

the District of Columbia for FY2005.

This comparison follows the structure of P.L. 108-199. Identical or equivalent

legislative language that does not share the same section number as the

corresponding P.L.108-199 provision is identified in the same row as its P.L. 108199 counterpart. Provisions included in P.L. 108-199, but not included in the House,

Senate, or conference versions of the District’s FY2005 appropriations are

highlighted in gray.

Article I, Section 8, Clause 17 of the Constitution grants Congress exclusive

legislative control over the District of Columbia. Congress has used this authority

to bolster the fiscal soundness and governmental integrity of the nation’s capital. City

officials have objected to inclusion of a number of general provisions as intrusive and

counter to the spirit of home rule, and have sought to reduce their number and scope.

The general provisions included in the House, Senate, and conference versions

of H.R. 4850 can be grouped into six distinct but overlapping categories. These

include

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1

fiscal and budgetary directives and controls;

administrative directives and controls;

congressional oversight and reporting;

limitations on lobbying for statehood or congressional voting

representation;

For detailed information on proposed funding levels and summaries and analysis of key

policy issues, see CRS Report RL32313, Appropriations for FY2005: District of Columbia,

by Eugene Boyd.

CRS-2

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education-related provisions; and

congressionally imposed restrictions and prohibitions related to

social policy.

Table 2 groups the provisions of House, Senate and enacted versions of the District

of Columbia Appropriations Act for FY2005 within these six categories. Some of

the provisions may appear in more than one category.

The most controversial provisions are those related to social policy. The final

conference version of H.R. 4850 (P.L. 108-335) continues to prohibit and restrict the

use of federal and District funds for abortion services and medical marijuana. The

act, consistent with a provision include in the House-passed version of the act,

prohibits the use of federal and District funds for a needle exchange program to aid

in preventing the spread of AIDS and HIV. The Senate version of the bill would

have prohibited the use of federal, but not District, funds for needle exchange

programs. The Senate bill would have lifted restrictions on the use of District funds

for lobbying and advocacy activities in support of voting representation in Congress

for residents of the District of Columbia. However, the House and conference

versions of the act maintain the prohibition on the use of District and federal funds

for such activities, although the conference version does allow the city to use District

funds to staff the offices of the city’s statehood shadow senator and representatives.

These offices were created by the District to champion the cause of statehood for the

District in Congress.

In previous years, city officials have objected to the inclusion of a number of

social riders dealing with such issues as abortion, medical marijuana, domestic

partners health insurance expansion,2 and needle exchange programs. They asserted

that such riders interfered with the right of District residents to make their own policy

decisions and violated the spirit of home rule. Proponents of social riders have

argued that such provisions are within the powers of Congress under Article I,

Section 8, of the Constitution, which conveys to Congress exclusive legislative

control over the District of Columbia. In addition, supporters of specific social

riders such as the prohibition against the use of federal funds to implement the

District’s domestic partners health care expansion program contend that they are

intended to protect the institution of marriage, or, in the case of medical marijuana

and needle exchange programs, prohibit government sanctioning of illegal drug use.

In addition, the District’s appropriations may be increased by no more than $15

million through the use of a reserve fund. The reserve fund may only be used for

unanticipated one-time expenditures, for potential deficits, for debt reduction, for

unanticipated program needs, or to cover revenue shortfalls; it may not be used to

fund agencies under court-ordered receivership. The mayor must notify the House

and Senate Appropriations Committees in advance of any obligation or expenditure

of reserve funds. Unlike a similar provision included in the District’s FY2004

appropriations act, however, Section 331 of the conference version of P.L. 108-335

2

H.R. 2765 would allow the use of District funds to administer the Health Care Benefits

Expansion Act of 1992. Congress first lifted the prohibition on the use of District funds to

administer the program in the FY2002 District of Columbia Appropriations Act.

CRS-3

does not include language requiring the mayor to notify the House and Senate

Appropriations Committees at least 30 days in advance of expending or obligating

reserve funds.

The chronology of District of Columbia appropriations for FY2005 is as

follows. On February 2, 2004, President Bush submitted his budget recommendations

for FY2005, including $560 million in special federal payments for selected activities

in the District of Columbia. On May 14, 2005, the mayor and the city council

approved the city’s FY2005 budget. The budget must be approved by Congress

before the city may expend locally raised revenues or federally appropriated funds.

The city’s budget request included $6.2 billion in general operating fund

expenditures funded by locally raised revenues, federal formula and competitive

grants where the District meets the requirements for eligibility, and other sources,

including foundation funding and investments. The District’s budget also included

$2 billion in enterprise funds, and requested $1.03 billion in special federal

appropriations.

On July 7, 2004, the House Appropriations Committee, Subcommittee on the

District of Columbia, completed its consideration and markup of the District of

Columbia Appropriations Act for FY2005. The subcommittee approved the city’s

$6.2 billion proposed operating budget for FY2005 and recommended an

appropriation of $560 million in special federal assistance to the District of

Columbia. On July 14, 2004, the House Appropriations Committee considered and

ordered to be requested without amendment the draft bill approved by the

subcommittee. On July 19, 2004, the House designated the previously unnumbered

bill as H.R. 4850, the District of Columbia Appropriations Act for FY2005. The

House approved the measure without amendment by a vote of 371 to 54 (Roll Call

No. 399) the next day, July 20.

By a vote of 28-1, the Senate Appropriations Committee reported its version of

the District of Columbia Appropriations Act for FY2005, S. 2826, on September 21,

2004. One day later the full Senate passed by unanimous consent the Senate version

of H.R. 4850 after substituting the language of S. 2826. On October 5, 2004, a

conference committee reported its version of H.R. 4850 (H.Rept. 108-374),

reconciling differences in the House and Senate versions of the bill. On October 6,

2004, the House approved the conference version of the act by a vote of 377-36 (Roll

Call No. 498). By unanimous consent, the Senate also approved the conference bill

on October 6, 2004. The bill was presented to President for his approval on October

7, 2004, and was signed by the President on October 18, 2004. On December 8,

2004, the President, signed a consolidated appropriations act, P.L. 108-447, which

included language amending several charter school-related provisions, including

those in P.L. 108-335.

CRS-4

Table 1. District of Columbia Appropriations General Provisions:

P.L.108-199 and House, Senate, and Conference Bills for FY2005 (P.L. 108-335)

House Version of

H.R. 4850

Senate Version of

H.R. 4850

Enacted

P.L. 108-335

Sec. 401. Prohibition Against Deficit Spending. The provision prohibits

deficit spending by limiting spending to not more than the amount

specifically appropriated.

Sec. 101. Identical to Sec. 401 of

P.L. 108-199.

Sec. 301. Identical to Sec. 401 of

P.L. 108-199.

Sec. 301. Identical to Sec. 401

of P.L. 108-199.

Sec. 402. Payment of Travel and Dues Related Expenses. The provision

allows funds appropriated under this act to be used for travel and duesrelated expenses of organizations concerned with the work of the District

when approved by the mayor, and by the chair of the city council in the

case of travel and dues related to the activities of the city council.

Sec. 102. Identical to Sec. 402

of P.L. 108-199.

Sec. 302. Identical to Sec. 402 of

P.L. 108-199.

Sec. 302. Identical to Sec. 402

of P.L. 108-199.

Sec. 403. Payment of Judgments. The provision allows District funds to

be used to pay judgments against the city. The provision does not affect or

modify Sec. 11(c) of Title XII of the District of Columbia Income and

Franchise Tax Act of 1947 (D.C. Code, sec. 47-1812.11(c)(3), a provision

governing credits and refunds for overpayments of District taxes.

Sec. 103. Equivalent to Sec. 403

of P.L. 108-199, but does not

include clause governing credits

and refunds for overpayment of

District taxes.

Sec. 303. Equivalent to Sec. 403

of P.L. 108-199.

Sec. 303. Equivalent to Sec.

403 of P.L. 108-199.

Sec. 404. Prohibition Against the Carryover of Appropriated Funds. The

provision requires the city to expend funds appropriated for FY2003 during

that fiscal year, unless provided by another provision of this act.

Sec. 104. Identical to Sec. 404

of P.L. 108-199.

Sec. 304. Identical to Sec. 404 of

P.L. 108-199

Sec. 304. Identical to Sec. 404

of P.L. 108-199.

Sec. 406. Congressional Inspection of Personnel Records. The personnel

records of all persons employed by the District government may be made

available for inspection by House and Senate authorization and

appropriations subcommittees, and the District of Columbia City Council.

No comparable provision.

Sec. 305. Identical to Sec. 406 of

P.L. 108-199.

No comparable provision.

Sec. 407. Prohibition on the Use of Funds for Lobbying. Prohibits the city

from using city or federal funds to defeat any legislation pending before

Congress or any state legislature. Allows the use of District funds for

lobbying except in instances involving support of any boycott or activities

in support of statehood or voting representation in Congress for the

District. Allows the District’s elected officials to advocate with respect to

any issue including statehood and voting representation in Congress.

Sec. 105. Identical to Sec. 407

of P.L. 108-199.

Sec. 306. Lobbying Activities of

City Officials. Allows the use of

District, but not federal funds, to

publicize support for or

opposition to legislation pending

before Congress or a state

legislature.

Sec. 305. Identical to Sec. 407

of P.L. 108-199.

P.L. 108-199

Sec. 405. Use of Public Schools. The act allows public schools to be used

for community or partisan political activities during non-school hours.

CRS-5

House Version of

H.R. 4850

Senate Version of

H.R. 4850

Enacted

P.L. 108-335

Comparable language included Sec. 407

Comparable language included

in Sec. 105.

Sec. 307. Advocacy Activities of

Local Officials. Allows the

District’s elected officials to use

District, but not federal, funds to

advocate with respect to any issue

including statehood and voting

representation in Congress.

No comparable provision. See

Sec. 305.

Sec. 408. (a) Prohibition on the Reprogramming of Funds. Prohibits the

District government from reprogramming federal and District funds

appropriated under the act for seven specific activities. Funds cannot be

reprogrammed in order to:

C create new programs;

C eliminate a program or project;

C establish or change allocations specifically denied, limited, or increased

by Congress;

C increase funds for activities or personnel in areas where funds have been

denied or restricted;

C re-establish funding for any project previously deferred through

reprogramming;

C augment existing programs or projects by reprogramming funds that

exceed $1 million or 10% of the existing program’s funding;

C achieve a 20% or greater increase in personnel assigned to a specific

project.

(b) Funds may be reprogrammed after congressional review by House and

Senate Appropriations Committees. Committees must be notified in

writing 30 days in advance of reprogramming. Limits the transfer of

reprogrammed funds to not more than 4% of the local funds in the

appropriations.

Sec. 106. Modifies Sec. 408(b)

of P.L. 108-199. Prohibits the

transfer and reprogramming of

funds in excess of $1 million

without first notifying Congress

within 15 days in advance of the

transfer. The previous time limit

was 30 days. In addition, under

P.L. 108-199, no specific

threshold amount triggering

congressional notification was

identified.

Sec. 308. Modifies Sec. 408(b)

of P.L. 108-199. Prohibits the

transfer and reprogramming of

funds in excess of $1 million

without first notifying Congress

within 15 days in advance of the

transfer. The previous time limit

was 30 days. In addition, under

P.L. 108-199, no specific

threshold amount triggering

congressional notification was

identified.

Sec. 306. Modifies Sec. 408(b)

of P.L. 108-199. Prohibits the

transfer and reprogramming of

funds in excess of $1 million

without first notifying Congress

within 15 days in advance of the

transfer. The previous time

limit was 30 days. In addition,

under P.L. 108-199, no specific

threshold amount triggering

congressional notification was

identified.

Sec. 409. Limitation on the Use of Appropriated Funds. Limits the use of

funds to the activities or objects for which the appropriations were made,

except as otherwise provided by law.

Sec. 107. Identical to Sec. 409

of P.L. 108-199.

Sec. 309. Identical to Sec. 409 of

P.L. 108-199.

Sec. 307. Identical to Sec. 409

of P.L. 108-199.

Sec. 410. Merit Personnel Act Responsibility of the Mayor. States that the

mayor shall be responsible for the administration of personnel function of

employees under the city’s merit pay personnel code. In determining

Sec. 108. Identical to Sec. 410

of P.L. 108-199.

Sec. 310. Identical to Sec. 410

of P.L. 108-199.

Sec. 308. Identical to Sec. 410

of P.L. 108-199.

P.L. 108-199

CRS-6

House Version of

H.R. 4850

Senate Version of

H.R. 4850

Sec. 411. City Council and Congressional Review of Revised Revenue

Estimates. Requires the mayor to submit to the city council revised revenue

estimates for the first quarter of FY2004 not later than 30 days after the

first quarter of FY2004. Estimates are to be used for budget request for

FY2005.

Sec. 109. Equivalent to Sec. 411

substituting FY2004 for FY2005,

and FY2006 for FY2005.

Sec. 311. Equivalent to Sec. 411

substituting FY2004 for FY2005,

and FY2006 for FY2005.

Sec. 309. Equivalent to Sec.

411 substituting FY2004 for

FY2005, and FY2006 for

FY2005.

Sec. 412. Sole Source Contracts. Prohibits sole source contracts for

services unless competitive bidding is not feasible and the contract has

been approved by the CFO.

Sec. 110. Identical to Sec. 412

of P.L. 108-199.

Sec. 312. Identical to Sec. 412 of

P.L. 108-199.

Sec. 310. Identical to Sec. 412

of P.L. 108-199

Sec. 414. Prohibits the Use of Federal Funds for Statehood Lobbying.

Prohibits the use of federal funds for the payment of expenses related to the

offices of U.S. Senate or U.S. House of Representative under the District of

Columbia Statehood Constitution Initiative.

Sec. 111. Identical to Sec. 414

of P.L. 108-199.

Sec. 313. Identical to Sec. 414 of

P.L. 108-199.

Sec. 311. Identical to Sec. 414

of P.L. 108-199.

Sec. 415 Abortion Restrictions. Prohibits the use of federal and District

funds for abortion services except in cases of rape, incest, or when the

mother’s health is endangered.

Sec. 112. Identical to Sec. 415

of P.L. 108-199.

Sec. 314. Identical to Sec. 415 of

P.L. 108-199.

Sec. 312. Identical to Sec. 415

of P.L. 108-199.

Sec. 416. Health Care Benefits Expansion Act. Prohibits the use of federal

funds to implement the Health Care Benefits Expansion Act of 1992, which

extends medical, employment, and government benefits to unmarried

couples, including homosexuals.

Sec. 113. Identical to Sec. 416

of P.L. 108-199.

Sec. 315. Identical to Sec. 416 of

P.L. 108-199.

Sec. 313. Identical to Sec. 416

of P.L. 108-199.

Sec. 417(a). Acceptance of Grant Funds Not Included in Ceiling. The

mayor, after consulting with the CFO, may accept and expend grants from

private and federal sources that are not part of this appropriation. Such

gifts may be accepted and expended only after the CFO has submitted to

the city council a detailed report regarding such grants. The city council

Sec. 114. Identical to Sec. 417

of P.L. 108-199.

Sec. 316. Identical to Sec. 417 of

P.L. 108-199

Sec. 314. Identical to Sec. 417

of P.L. 108-199.

P.L. 108-199

Enacted

P.L. 108-335

employee compensation, the provisions of the District of Columbia

Government Comprehensive Merit Personnel Act of 1978 shall apply.

Sec. 413. Sequestration under the Balanced Budget. In order to comply

with sequestration order under Balanced Budget and Emergency Deficit

Control Act of 1985, federal funds appropriated under a District of

Columbia appropriations act are to be sequestered from each account, and

not the aggregate total of those accounts.

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House Version of

H.R. 4850

Senate Version of

H.R. 4850

Enacted

P.L. 108-335

Sec. 418. Use of City Vehicles. Limits a District employee’s use of city

vehicles only to performance of official duties. Grants four exceptions:

C a police officer may use police vehicles to travel to and from work and

home only if the officer resides in the District of Columbia, or is granted

permission by the Chief of Police;

C an employee of the Fire and Emergency Ambulance Department who

resides in the District and is on call 24 hours a day;

C the mayor; and

C chair of the city council.

Requires the CFO to submit an inventory of all vehicles owned, leased or

operated by the District government by March 1, 2004. Does not specify to

whom the inventory is to be submitted.

Sec. 115. Identical to Sec. 418

of P.L. 108-199.

Sec. 317. Identical to Sec. 418 of

P.L. 108-199.

Sec. 315. Identical to Sec. 418

of P.L. 108-199.

Sec. 419. Inspector General Audits. Only the District of Columbia

Inspector General in cooperation with the CFO may conduct and certify

agency audits in compliance with the District of Columbia Procurement

Practices Act of 1985 (D.C. Code, sec. 1-1182.8(a)(4).

Sec. 116. Identical to Sec. 419

of P.L. 108-199.

Sec. 318. Identical to Sec. 419 of

P.L. 108-199.

Sec. 316. Identical to Sec. 419

of P.L. 108-199.

Sec. 420. Voting Representation Cost Prohibition and Corporation

Counsel Review of Private Lawsuits. Prohibits the use of federal and

District funds, including funds for the corporation counsel, to cover the

cost of court challenges aimed at providing city residents with voting

representation in Congress. The provision permits the District’s corporation

counsel to review and comment on briefs in lawsuits filed by private

citizens, and to consult government officials regarding such lawsuits. This

includes lawsuits seeking voting representation in Congress.

Sec. 117. Identical to Sec. 420

of P.L. 108-199.

Sec. 319. Allows the District’s

Corporation Counsel to use

District, but not federal, funds to

provide assistance for petitions or

civil actions in support of voting

representation in Congress for

citizens of the District of

Columbia.

Sec. 317. Identical to Sec. 420

of P.L. 108-199.

P.L. 108-199

has 14 days after receipt of the report to review and approve its acceptance

or to file a resolution of disapproval. The Council has 30 calendar days

from initial receipt of the report from the CFO to act on a resolution of

disapproval. The provision:

C prohibits the city from expending city funds in anticipation of a grant

award;

C requires the CFO to submit to the city council and House and Senate

Appropriations Committees detailed quarterly reports within 15 days

after each quarter regarding all federal and private grants approved

under this section.

CRS-8

House Version of

H.R. 4850

Senate Version of

H.R. 4850

Enacted

P.L. 108-335

Sec. 421. Needle Exchange Program. Prohibits the creation and funding

of a needle exchange program with federal or District government funds.

Such programs may be funded with private funds and must be accounted

for separately.

Sec. 118. Identical to Sec. 421

of P.L. 108-199.

Sec. 320. Allows the use of

District, but not federal, funds for

a needle exchange program.

Such funds must be accounted for

separately.

Sec. 318. Identical to Sec. 421

of P.L. 108-199.

Sec. 422. CFO Certifications. Funds may not be used to pay agency CFOs

60 days after the passage of this act if the agency CFO has not filed a

statement with the mayor and CFO of the District certifying that the agency

CFO understands and will abide by the duties and restrictions of his office.

Requires the CFO to submit quarterly report to Congress listing reports

required to be submitted by agency CFOs

Sec. 119. Identical to Sec. 422

of P.L. 108-199.

Sec. 321. Identical to Sec. 422 of

P.L. 108-199.

Sec. 319. Identical to Sec. 422

of P.L. 108-199.

Sec. 423. Medical Marijuana Initiative. Prohibits the use of federal or

District funds in carrying out any law or regulation that legalizes or reduces

the penalty for possession of a Schedule I substance, including the medical

use of marijuana. Prohibits the implementation of citizen approved

medical marijuana initiative.

Sec. 120. Identical to Sec. 423

of P.L. 108-199.

Sec. 322. Identical to Sec. 423 of

P.L. 108-199.

Sec. 320. Identical to Sec. 423

of P.L. 108-199.

Sec. 424. Conscience Clause Covering Contraceptive Coverage in Private

Health Plans. The provision requires the inclusion of a conscience clause

allowing employers to exclude contraceptive coverage in the employer’s

health insurance plan for moral or religious reasons.

Sec. 121. Identical to Sec. 424

of P.L. 108-199.

Sec. 323. Identical to Sec. 423 of

P.L. 108-199.

Sec. 321. Identical to Sec. 424

of P.L. 108-199.

Sec. 425. Budget-linked Quality of Life Factors. Identifies a number of

quality-of-life indicators that characterize the city’s deficiencies in the

areas of crime, education, corrections, management of public services.

Directs the mayor to submit quarterly reports to House and Senate

appropriation and oversight committees.

Sec. 122. Identical to Sec. 425

of P.L. 108-199.

Sec. 324. Identical to Sec. 425 of

P.L. 108-199.

Sec. 322. Identical to Sec. 425

of P.L. 108-199

Sec. 426. Revised Operating Budget Submission. Requires the CFO to

submit to the appropriate committees of Congress, the mayor, and the city

council a revised appropriated funds operating budget no later than 30 days

after the enactment of this act. The revised budget should reflect

anticipated actual expenditures for the fiscal year.

Sec. 123. Modification of Sec.

426 of P.L. 108-199. Adds

subsection (b) which states that

revised operating budget applies

only when CFO certifies that a

Sec. 325. Modification of Sec.

426 of P.L. 108-199. Adds

subsection (b) which states that

revised operating budget applies

only when CFO certifies that a

Sec. 323. Modification of Sec.

426 of P.L. 108-199. Adds

subsection (b) which states that

revised operating budget applies

only when CFO certifies that a

P.L. 108-199

CRS-9

House Version of

H.R. 4850

Senate Version of

H.R. 4850

Enacted

P.L. 108-335

reallocation of an agency’s

program funds is required to

address unanticipated changes in

program requirements.

reallocation of an agency’s

program funds is required to

address unanticipated changes in

program requirements.

reallocation of an agency’s

program funds is required to

address unanticipated changes in

program requirements.

Sec. 427. Boy Scouts. Prohibits the use of District or federal funds for

payment to plaintiffs awarded $50,000 by the District’s Commission on

Human Rights related to Boy Scout’s policy prohibiting homosexuals from

serving as scout leaders.

Sec. 124. Identical to Sec. 427

of P.L. 108-199.

Sec. 326. Identical to Sec. 427 of

P.L. 108-199.

Sec. 324. Identical to Sec. 427

of P.L. 108-199.

Sec. 428. Restrictions on the Transfer of Appropriated Funds. None of the

funds appropriated under this act may be transferred to an agency of the

United States government except as provided in this or another

appropriations act.

Sec. 125. Identical to Sec. 428

of P.L. 108-199.

Sec. 133. Risk Management for Settlements and Judgments. Allows any

District government agency to pay a settlement or judgment stemming

from a claim or lawsuit that does not exceed $10,000.

.

P.L. 108-199

Sec. 325. Identical to Sec. 428

of P.L. 108-199.

Sec. 429. Transfer of Crime Victims Compensation Funds. Transfers all

outreach funds allocated to the city under the Victims of Violent Crime

Compensation Act of 1996 to the Crime Victims Assistance Fund.

Sec. 430. Transfer of Fines Levied for Driving While Intoxicated or

Impaired. Directs the District of Columbia Courts to transfer all fines

levied for drunk driving to the general treasury of the city. Requires the

city’s corporation counsel to use such funds for prosecution and

enforcement of city traffic laws.

Sec. 126. Identical to Sec. 430

of P.L. 108-199.

Sec. 327. Identical to Sec. 430 of

P.L. 108-199.

Sec. 326. Identical to Sec. 430

of P.L. 108-199.

Sec. 127. Identical to Sec. 432

of P.L. 108-199.

Sec. 328. Identical to Sec. 432 of

P.L. 108-199.

Sec. 327. Identical to Sec. 432

of P.L. 108-199.

Sec. 431. OLRCB Reimbursements in Labor Dispute Cases. Allows

District agencies to transfer funds to the Office of Labor Relations and

Collective Bargaining (OLRCB) for purposes of reimbursement to OLRCB

in grievance cases where OLRCB represented the agency.

Sec. 432. Limitation on Attorney’s Fees in IDEA Cases. Places a $4,000

ceiling on fees for attorneys representing the DCPS and plaintiffs in actions

brought under the Individuals with Disability Education Act. Prohibits

attorneys in IDEA actions from having a personal, monetary or legal

CRS-10

House Version of

H.R. 4850

Senate Version of

H.R. 4850

Enacted

P.L. 108-335

Sec. 433. Attorney Certifications in IDEA Actions. Requires attorneys in

IDEA cases to certify that they have provided any and all services their

client received under IDEA. The CFO shall require attorneys to disclose

any interest or relationship with any special education diagnostic service or

schools to which the attorney referred the client Requires the CFO to

prepare a quarterly report to House and Senate Appropriations Committee

on attorneys’ fees paid in cases brought under IDEA. Directs the District’s

Inspector General to conduct investigations to ensure accuracy of the

certifications.

Sec. 128. Identical to Sec. 433

of P.L. 108-199.

Sec. 329. Identical to Sec. 433 of

P.L. 108-199.

Sec. 328. Identical to Sec. 433

of P.L. 108-199.

No comparable provision.

See Sec. 135

Sec. 330. Eliminates Water and

Sewer Authority Federal

Agencies Reports to Congress.

Eliminates certain reporting

requirements by federal agencies

to Congress relating to payments

to the Water and Sewer

Authority. Same as Sec. 135 of

House bill.

No comparable provision.

No comparable provision.

See. Sec. 136

Sec. 331. Bonding Requirement

for Officers of the Court.

Eliminates certain bonding

requirements for court officers

(including the court system’s

fiduciary employees, Executive

Officer, Fiscal Officer, Register

of Wills) consistent with

requirements for federal agencies.

Sec. 329. Bonding Requirement

for Officers of the Court.

Eliminates certain bonding

requirements for court officers

(including the court system’s

fiduciary employees, Executive

Officer, Fiscal Officer, Register

of Wills) consistent with

requirements for federal

agencies.

No comparable provision.

See Sec. 137

Sec. 332. Recruitment and Travel

of Officers of the Court. Includes

recruitment and training as a

Sec. 330. Recruitment and

Travel of Officers of the Court.

Includes recruitment and

P.L. 108-199

interest in firms that provide schools, diagnostic, or other special education

services.

CRS-11

P.L. 108-199

House Version of

H.R. 4850

Senate Version of

H.R. 4850

Enacted

P.L. 108-335

responsibility of the Court’s

Executive Officer. Allows Court

personnel to take advantage of

federal discounted airfares.

training as a responsibility of the

Court’s Executive Officer.

Allows Court personnel to take

advantage of federal discounted

airfares.

Sec. 434. Grant Assistance to Public Charter Schools. Technical

amendment to provisions governing grants to public charter school adding

language that would limit administrative cost of providing grants during

any fiscal year to not more than 5% of funds available for grants to the

public for that fiscal year.

Sec. 435. Parental Representation in Adoption Proceedings and Guardian

ad litem Appointments. The provision would allow the District of

Columbia to appoint and compensate an attorney to represent a parent or

guardian in an adoption proceeding who is facing termination of parental

rights if the parent or guardian lacks the financial means of obtaining

adequate legal representation. The provision would also allow the Court to

appoint and compensate an attorney as a guardian to represent the best

interest of the child in the adoption proceedings.

Sec. 436. Reserve Fund Budget Increase. The provision would allow the

District’s appropriation to increase to no more than $15 million through the

use of a reserve fund identified in the city’s Comprehensive Annual

Financial Report (CAFR) as the city’s fund balance. The mayor must

notify the House and Senate Appropriations Committees 30 days in

advance of any obligation or expenditure of such funds. The CFO must

certify that the expenditure of funds will not have a negative impact on the

city’s long-term financial, fiscal, and economic health. Funds may only be

used for unanticipated one-time expenditures, potential deficits, debt

reduction, unanticipated program needs, or revenue shortfalls. Funds may

not be provided to agencies under court-ordered receivership.

Sec. 129. Similar to Sec. 436 of

P.L. 108-199, but does not

include language requiring a 30day advance notification of

Congress by the mayor before

reserve funds are obligated or

expended.

No comparable provision.

Sec. 331. Similar to Sec. 436 of

P.L. 108-199, but does not

include language requiring a 30day advance notification of

Congress by the mayor before

reserve funds are obligated or

expended.

No comparable provision.

Sec. 130. Emergency Cash

Reserve Fund and Contingency

Reserve Fund. The provision

would amend the DC Code

Sec. 333. Emergency Cash

Reserve Fund and Contingency

Reserve Fund. The provision

would amend the DC Code

Sec. 332. Emergency Cash

Reserve Fund and Contingency

Reserve Fund. The provision

would amend the DC Code

CRS-12

House Version of

H.R. 4850

Senate Version of

H.R. 4850

Enacted

P.L. 108-335

governing Reserve Funds. It

would require the District to

maintain an emergency reserve

fund equal to 2% of its operating

budget and a contingency reserve

equal to 4% of the budget.

governing Reserve Funds. It

would require the District to

maintain an emergency reserve

fund equal to 2% of its operating

budget and a contingency reserve

equal to 4% of the budget.

governing Reserve Funds. It

would require the District to

maintain an emergency reserve

fund equal to 2% of its

operating budget and a

contingency reserve equal to 4%

of the budget.

No comparable provision.

Sec. 131. Reserve Fund

Transfers. The bill would allow

the District to transfer funds

between the emergency cash

reserve fund and the contingency

reserve fund. It would allow the

District to transfer surplus

reserve funds to the general fund.

However, transfers to the general

may not lower the total amount

for reserve funds below 6% of

the operating budget for

FY2005.

Sec. 334. Reserve Fund

Transfers. The bill would allow

the District to transfer funds

between the emergency cash

reserve fund and the contingency

reserve fund. It would allow the

District to transfer surplus reserve

funds to the general fund.

However, transfers to the general

may not lower the total amount

for reserve funds below 6% of the

operating budget for FY2005.

Sec. 333. Reserve Fund

Transfers. The bill would allow

the District to transfer funds

between the emergency cash

reserve fund and the

contingency reserve fund. It

would allow the District to

transfer surplus reserve funds to

the general fund. However,

transfers to the general may not

lower the total amount for

reserve funds below 6% of the

operating budget for FY2005.

No comparable provision.

Sec. 132. Police Retirement

Fund. Authorizes the payment

of administrative expenses

associated with processing the

District’s retirement and

disability payments.

Sec 335. Police Retirement

Fund. Authorizes the payment of

administrative expenses

associated with processing the

District’s retirement and

disability payments.

Sec 334. Police Retirement

Fund. Authorizes the payment

of administrative expenses

associated with processing the

District’s retirement and

disability payments.

No comparable provision.

Sec. 133. Charter School Fund.

Clarifies that appropriated funds

placed in charter school fund are

to be used in support of charter

schools and that any unobligated

funds available at the end of a

fiscal year may not be transferred

to the general fund.

No comparable provision.

Sec. 135. Charter School Fund.

Clarifies that appropriated funds

placed in charter school fund are

to be used in support of charter

schools and that any unobligated

funds available at the end of a

fiscal year may not be

transferred to the general fund.

P.L. 108-199

CRS-13

House Version of

H.R. 4850

Senate Version of

H.R. 4850

Enacted

P.L. 108-335

No comparable provision.

Sec. 134. CFO Authority.

Extends through September 30,

2005 the authority of the CFO

with respect to personnel,

procurement, and preparation of

fiscal impact statements.

Sec. 337. CFO Authority.

Extends through September 30,

2005 the authority of the CFO

with respect to personnel,

procurement, and preparation of

fiscal impact statements.

Sec. 336. CFO Authority.

Extends through September 30,

2005 the authority of the CFO

with respect to personnel,

procurement, and preparation of

fiscal impact statements.

No comparable provision.

Sec. 135. Water and Sewer

Authority. Eliminates certain

reporting requirements by

federal agencies to Congress

relating to payments to the Water

and Sewer Authority.

See Sec. 330.

Sec. 137. Water and Sewer

Authority. Eliminates certain

reporting requirements by

federal agencies to Congress

relating to payments to the

Water and Sewer Authority.

No comparable provision.

Sec. 136. Bonding Requirement

for Officers of the Court.

Eliminates certain bonding

requirements for court officers

(including the court system’s

fiduciary employees, Executive

Officer, Fiscal Officer, Register

of Wills) consistent with

requirements for federal

agencies.

See Sec. 331.

No comparable provision.

Sec. 137. Recruitment and

Travel of Officers of the Court.

Includes recruitment and training

as a responsibility of the Court’s

Executive Officer. Allows

Court personnel to take

advantage of federal discounted

airfares.

See Sec. 332.

No comparable provision.

Sec. 138. Annual Budget of the

Office of the Inspector General.

States that annual budget for the

Sec. 336. Annual Budget of the

Office of the Inspector General.

States that annual budget for the

P.L. 108-199

Sec. 338. Annual Budget of the

Office of the Inspector General.

States that annual budget for the

CRS-14

House Version of

H.R. 4850

Senate Version of

H.R. 4850

Enacted

P.L. 108-335

Office of the Inspector General

shall be prepared by the

Inspector General and submitted

to the Mayor of the District.

Office of the Inspector General

shall be prepared by the Inspector

General and submitted to the

Mayor of the District.

Office of the Inspector General

shall be prepared by the

Inspector General and submitted

to the Mayor of the District.

No comparable provision.

No comparable provision.

Sec. 338. Incentives for the

Adoption of Children. Established

a scholarship fund for children of

adoptive parents and children

without parents due to terrorist

attacks of 9/11/01.

Sec. 339. Incentives for the

Adoption of Children.

Established a scholarship fund

for children of adoptive parents

and children without parents due

to terrorist attacks of 9/11/01.

No comparable provision.

No comparable provision.

Sec. 339. Public Charter School

Financing. Allows the Office of

Public Charter School Financing

and Support to use federal credit

enhancement or direct loan funds

to provide lease guarantees for

charter schools.

Sec. 340. Public Charter School

Financing. Amendment

included in P.L. 108-447

clarifies the language of the

original Sec. 340(a) of P.L. 108335. The provision amends Sec.

603(e)(3)(E) of the Student

Loan Marketing Association

Reorganization Act (20 USC

1155(e)(3)(E)) by adding a new

subclause (IV) allowing public

charter schools to obtain lease

guarantees in accordance with

rules developed by the District

of Columbia Office of Public

Charter School Financing.

Allows the Office of Public

Charter School Financing and

Support to use federal credit

enhancement or direct loan

funds to provide lease

guarantees for charter schools.

No comparable provision.

No comparable provision.

Sec. 340. Public Charter School

Development. Amends the DC

Sec. 341. Public Charter

School Development. Amends

P.L. 108-199

CRS-15

P.L. 108-199

House Version of

H.R. 4850

Senate Version of

H.R. 4850

Enacted

P.L. 108-335

School Reform Act of 1995 to

encourage public schools and

independent schools to convert to

charter schools.

the DC School Reform Act of

1995 to encourage public

schools and independent schools

to convert to charter schools.

No comparable provision.

No comparable provision.

Sec. 341. Teacher Transition and

Charter Schools. Allows for a 1year transition period, and allows

public schools that covert to

charter schools to retain

occupancy of the facility after

converting to a charter school.

Gives to charter schools

preference in the acquisition of

surplus school facilities. Allows

for a 25 year lease period for city

owned property leased to charter

schools.

Sec. 342. Teacher Transition

and Charter Schools. Allows

for a 1-year transition period,

and allows public schools that

covert to charter schools to

retain occupancy of the facility

after converting to a charter

school. Gives to charter schools

the right of first offer in the

acquisition of surplus school

facilities. Allows for a 25 year

lease period for city owned

property leased to charter

schools.

No comparable provision.

No comparable provision.

Sec. 342. Annual Report to

Congress on Charter Schools.

Outlines the duties and

responsibilities of chartering

authority’s to include an annual

report to Congress.

Sec. 343. Annual Report to

Congress on Charter Schools.

Outlines the duties and

responsibilities of chartering

authority’s to include an annual

report to Congress.

No comparable provision.

No comparable provision.

Sec. 343. Park Service Lease to

District of Columbia. Would

allow the Department of Interior

to lease to the District National

Park Service land in Anacostia

Park. Outlines the conditions of

the lease agreement.

Sec. 344. Park Service Lease to

District of Columbia. Would

allow the Department of Interior

to lease to the District National

Park Service land in Anacostia

Park. Outlines the conditions

of the lease agreement.

No comparable provision.

No comparable provision.

No comparable provision.

Sec. 345. Chicago Sanitary and

Ship Canal Dispersal Barrier.

CRS-16

P.L. 108-199

House Version of

H.R. 4850

Senate Version of

H.R. 4850

Enacted

P.L. 108-335

Authorizes a revised federal

appropriation of $6.825 million

for a the project, $2.275 in nonfederal cost and a total cost of

$9.1 million.

No comparable provision.

No comparable provision.

Sec. 344. Biennial Evaluation of

Charter Schools. Calls for a

biennial evaluation by GAO of

charter schools. Identifies nine

evaluation criteria. First interim

report to be submitted to

Congress, the Mayor, the Council

and the CFO by May 1, 2005.

Sec. 346. Biennial Evaluation

of Charter Schools. Calls for a

biennial evaluation by GAO of

charter schools. Identifies nine

evaluation criteria. First interim

report to be submitted to

Congress, the Mayor, the

Council and the CFO by May 1,

2005.

No comparable provision.

No comparable provision.

Sec. 345 Charter School Board

Operations. Requires the Charter

School Board to maintain its

accounts according to Generally

Accepted Accounting Principles

for Not-for-Profit Organizations.

The Board must contract for an

audit of the financial statement of

the Board by an independent

certified public accountant.

Sec. 347. Charter School Board

Operations. Requires the

Charter School Board to

maintain its accounts according

to Generally Accepted

Accounting Principles for Notfor-Profit Organizations. The

Board must contract for an audit

of the financial statement of the

Board by an independent

certified public accountant.

Source: Congressional Research Service.

Note: Provisions included in P.L. 108-199, but not included in House, Senate, or conference versions of H.R. 4850, are highlighted in gray.

CRS-17

Table 2. H.R. 4850 General Provisions by Selected Classification: House, Senate, and Conference Versions

Budget and Fiscal Controls

House version

Senate version

Enacted, P.L. 108-335

Sec. 101. Prohibition Against Deficit Spending.

Sec. 301. Prohibition Against Deficit Spending.

Sec. 301. Prohibition Against Deficit Spending.

Sec. 102. Payment of Travel and Dues Related

Expenses.

Sec. 302. Payment of Travel and Dues Related

Expenses.

Sec. 302. Payment of Travel and Dues Related

Expenses.

Sec. 103. Payment of Judgments.

Sec. 303. Payment of Judgments.

Sec. 303. Payment of Judgments.

Sec. 104. Prohibition Against the Carryover of

Appropriated Funds.

Sec. 304. Prohibition Against the Carryover of

Appropriated Funds.

Sec. 304. Prohibition Against the Carryover of

Appropriated Funds.

Sec. 106. Prohibition on the Reprogramming of

Funds.

Sec. 305. Congressional Inspection of Personnel

Records.

Sec. 306. Prohibition on the Reprogramming of

Funds

Sec. 107. Limitation on the Use of Appropriated

Funds.

Sec. 308. Prohibition on the Reprogramming of

Funds.

Sec. 307. Limitation on the Use of Appropriated

Funds

Sec. 109. City Council and Congressional Review of

Revised Revenue Estimates.

Sec. 309. Limitation on the Use of Appropriated

Funds.

Sec. 309. Limitation on the Use of Appropriated

Funds.

Sec. 110. Sole Source Contracts.

Sec. 311. City Council and Congressional Review of

Revised Revenue Estimates

Sec. 310. Sole Source Contracts.

Sec. 114. Acceptance of Grant Funds Not Included in

Ceiling.

Sec. 312. Sole Source Contracts.

Sec. 314. Acceptance of Grant Funds Not Included in

Ceiling.

Sec. 116. Inspector General Audits.

Sec. 316. Acceptance of Grant Funds Not Included in

Ceiling.

Sec. 316. Inspector General Audits.

Sec. 118. CFO Certifications.

Sec. 318. Inspector General Audits.

Sec. 319. CFO Certifications

CRS-18

Budget and Fiscal Controls

House version

Senate version

Enacted, P.L. 108-335

Sec. 123. Revised Operating Budget Submission.

Sec. 321. CFO Certifications

Sec 323. Revised Operating Budget Submission

Sec. 125. Restrictions on the Transfer of

Appropriated Funds.

Sec 325. Revised Operating Budget Submission

Sec. 325. Restrictions on the Transfer of

Appropriated Funds.

Sec. 127. Limitation on Attorney’s fees in IDEA

Cases.

Sec. 327. Restrictions on the Transfer of

Appropriated Funds.

Sec. 327. Limitation on Attorney’s Fees in IDEA

Cases.

Sec. 129. Reserve Fund Budget Increase

Sec. 328. Limitation on Attorney’s Fees in IDEA

Cases.

Sec. 331. Reserve Fund Budget Increase

Sec. 130. Emergency Cash Reserve Fund and

Contingency Reserve Fund.

Sec. 333. Emergency Cash Reserve Fund and

Contingency Reserve Fund.

Sec. 332. Emergency Cash Reserve Fund and

Contingency Reserve Fund.

Sec. 131. Reserve Fund Transfers.

Sec. 334. Reserve Fund Transfers.

Sec. 333. Reserve Fund Transfers.

Sec. 132. Police Retirement Fund.

Sec. 335. Police Retirement Fund.

Sec. 334. Police Retirement Fund.

Sec. 133. Charter School Fund.

Sec. 336. Annual Budget of the Office of the

Inspector General.

Sec. 335. Charter School Fund

Sec. 134. CFO Authority.

Sec. 337. CFO Authority.

Sec. 336. CFO Authority

Sec. 136. Bonding Requirement for Officers of the

Court.

Sec. 339. Public Charter School Financing

Sec. 338. Annual Budget of the Office of the

Inspector General.

Sec. 137. Recruitment and Travel of Officers of the

Court.

Sec. 332. Recruitment and Travel of Officers of the

Court.

Sec. 340. Public Charter School Financing

CRS-19

Administrative Controls

House version

Senate version

Enacted

P.L. 108-335

Sec. 108. Merit Personnel Act Responsibility of the

Mayor

Sec 310. Merit Personnel Act Responsibility of the

Mayor

Sec 308. Merit Personnel Act Responsibility of the

Mayor

Sec. 115. Limits on the Use of City Vehicles.

Sec. 317. Limits on the Use of City Vehicles.

Sec. 315. Limits on the Use of City Vehicles

Sec. 126. Transfer of Fines Levied for Driving While

Intoxicated or Impaired.

Sec. 329. Certifications by Attorneys in IDEA

Actions.

Sec. 326. Transfer of Fines Levied for Driving While

Intoxicated or Impaired.

Sec. 128. Certifications by Attorneys in IDEA

Actions.

Sec. 327. Transfer of Fines Levied for Driving While

Intoxicated or Impaired.

Sec. 328. Certifications by Attorneys in IDEA

Actions.

Sec. 134. CFO Authority.

Sec. 331. Eliminates Bonding Requirement for

Certain Officers of the Court

Sec. 329. Eliminates Bonding Requirement for

Certain Officers of the Court

Sec. 135. Water and Sewer Authority.

Sec. 332. Recruitment and Travel of Officers of the

Court.

Sec. 330. Recruitment and Travel of Officers of the

Court.

Sec. 343. National Park Service lease of public land

to the District of Columbia

Sec. 137. Water and Sewer Authority.

Sec. 344. National Park Service lease of public land

to the District of Columbia

CRS-20

Congressional Oversight and Reporting

House version

Senate version

Enacted

P.L. 108-335

Sec. 106. Prohibition on the Reprogramming of

Funds. Funds may not be reprogrammed in order to

establish or change allocations specifically denied,

limited, or increased by Congress. Funds may be

reprogrammed after congressional review by House

and Senate Appropriations Committees. Committees

must be notified in writing 30 days in advance of

reprogramming.

Sec. 305. Congressional Inspection of Personnel

Records. The personnel records of all persons

employed by the District government may be made

available for inspection by House and Senate

authorization and appropriations subcommittees.

Sec. 306. Prohibition on the Reprogramming of

Funds Prohibits the transfer and reprogramming of

funds in excess of $1 million without first notifying

Congress no later than 15 days in advance of the

transfer.

Sec. 109. City Council and Congressional Review of

Revised Revenue Estimates. Requires the mayor to

submit to the city council revised revenue estimates

for the first quarter of FY2005 not later than 30 days

after the first quarter of FY2006.

Sec. 308. Prohibition on the Reprogramming of

Funds Prohibits the transfer and reprogramming of

funds in excess of $1 million without first notifying

Congress no later than 15 days in advance of the

transfer.

Sec. 309. City Council and Congressional Review of

Revised Revenue Estimates. Requires the mayor to

submit to the city council revised revenue estimates

for the first quarter of FY2005 not later than 30 days

after the first quarter of FY2006.

Sec. 114. Acceptance of Grant Funds Not Included in

Ceiling. Requires the CFO to submit to the city

council and House and Senate Appropriations

Committees detailed reports regarding all federal and

private grants approved under this section.

Sec. 311. City Council and Congressional Review of

Revised Revenue Estimates. Requires the mayor to

submit to the city council revised revenue estimates

for the first quarter of FY2005 not later than 30 days

after the first quarter of FY2006.

Sec. 314. Acceptance of Grant Funds Not Included in

Ceiling Requires the CFO to submit to the city

council and House and Senate Appropriations

Committees detailed quarterly reports within 15 days

after each quarter regarding all federal and private

grants approved under this section.

Sec.119. Agencies CFO Certifications and Reports.

Requires the CFO to submit quarterly report to

Congress listing reports required to be submitted by

agency CFOs

Sec. 316. Acceptance of Grant Funds Not Included

in Ceiling Requires the CFO to submit to the city

council and House and Senate Appropriations

Committees detailed quarterly reports within 15 days

after each quarter regarding all federal and private

grants approved under this section.

Sec. 322. Budget-linked Quality of Life Factors.

Directs the mayor to submit quarterly reports to

House and Senate appropriation and oversight

committees on quality of life factors identified in the

section.

CRS-21

Congressional Oversight and Reporting

House version

Senate version

Enacted

P.L. 108-335

Sec. 122. Budget-linked Quality of Life Factors.

Directs the mayor to submit quarterly reports to

House and Senate appropriation and oversight

committees on quality of life factors identified in the

section. .

Sec. 321. Agencies CFO Certifications and Reports.

Requires the CFO to submit quarterly report to

Congress listing reports required to be submitted by

agency CFOs

Sec. 328. Attorney Certifications in IDEA Actions

Requires the CFO to prepare a quarterly report to

House and Senate Appropriations Committees on

attorney’s fees paid in cases under IDEA

Sec. 123. Revised Operating Budget Submission.

Requires the CFO to submit to the appropriate

committees of Congress, the mayor, and the city

council a revised operating budget not later than 30

days after the enactment of this act.

Sec. 324. Budget-linked Quality of Life Factors.

Directs the mayor to submit quarterly reports to

House and Senate appropriation and oversight

committees on quality of life factors identified in the

section.

Sec. 331. Reserve Funds. The mayor must notify

and receive the approval of the House and Senate

Appropriations Committees in advance of any

obligation or expenditure of reserve funds.

Sec. 128. Attorney Certifications in IDEA Actions

Requires the CFO to prepare a quarterly report to

House and Senate Appropriations Committees on

attorney’s fees paid in cases under IDEA.

Sec. 329. Attorney Certifications in IDEA Actions

Requires the CFO to prepare a quarterly report to

House and Senate Appropriations Committees on

attorney’s fees paid in cases under IDEA

Sec. 343. Annual Report to Congress on Charter

Schools. Outlines the duties and responsibilities of

chartering authority’s to include an annual report to

Congress

Sec. 129. Reserve Funds. The mayor must notify and

receive the approval of the House and Senate

Appropriations Committees in advance of any

obligation or expenditure of reserve funds.

Sec. 330. Eliminates Water and Sewer Authority

Federal Agencies Reports to Congress. Eliminates

certain reporting requirements by federal agencies to

Congress relating to payments to the Water and

Sewer Authority.

Sec. 346. Biennial Evaluation of Charter Schools.

Calls for a biennial evaluation by GAO of charter

schools. Identifies nine evaluation criteria. First

interim report to be submitted to Congress, the

Mayor, the Council and the CFO by May 1, 2005.

Sec. 135. Sec. 330. Eliminates Water and Sewer

Authority Federal Agencies Reports to Congress.

Eliminates certain reporting requirements by federal

agencies to Congress relating to payments to the

Water and Sewer Authority.

Sec. 342. Annual Report to Congress on Charter

Schools. Outlines the duties and responsibilities of

chartering authority’s to include an annual report to

Congress.

CRS-22

Congressional Oversight and Reporting

House version

Senate version

Enacted

P.L. 108-335

Sec. 344. Biennial Evaluation of Charter Schools.

Calls for a biennial evaluation by GAO of charter

schools. Identifies nine evaluation criteria. First

interim report to be submitted to Congress, the

Mayor, the Council and the CFO by May 1, 2005.

Congressionally Imposed Restrictions (Social Riders)

House version

Senate version

Enacted

P.L. 108-335

Sec. 112. Restrictions on Funding of Abortion

Services.

Sec. 313. Restrictions on Funding of Abortion

Services.

Sec. 312. Restrictions on Funding of Abortion

Services

Sec. 113. Health Care Benefits Expansion Act.

Sec. 314. Health Care Benefits Expansion Act.

Sec. 313. Health Care Benefits Expansion Act

Sec. 118. Needle Exchange Program.

Sec. 320. Needle Exchange Program.

Sec. 318 Needle Exchange Program

Sec. 120. Prohibition on the Implementation of

Medical Marijuana Initiative.

Sec. 322. Prohibition on the Implementation of

Medical Marijuana Initiative.

Sec. 320. Prohibition on the Implementation of

Medical Marijuana Initiative.

Sec. 121. Conscience Clause Covering

Contraceptive Coverage in Private Health Plans.

Sec. 323. Conscience Clause Covering Contraceptive

Coverage in Private Health Plans.

Sec. 321. Conscience Clause Covering Contraceptive

Coverage in Private Health Plans.

Sec. 124. Boy Scouts. Prohibits the payment of

award to plaintiffs over Boy Scouts policy excluding

homosexuals from serving as scout leaders.

Sec. 326. Boy Scouts. Prohibits the payment of

award to plaintiffs over Boy Scouts policy excluding

homosexuals from serving as scout leaders.

Sec. 324. Boy Scouts. Prohibits the payment of

award to plaintiffs over Boy Scouts policy excluding

homosexuals from serving as scout leaders.

CRS-23

Limits on Advocacy of Congressional Voting Representation

House version

Senate version

Enacted

P.L. 108-335

Sec. 105. Prohibition on the Use of Funds for

Lobbying.

Sec. 306. Prohibition on the Use of Federal Funds for

Lobbying.

Sec. 305. Prohibition on the Use of Federal Funds for

Lobbying.

Sec. 307. Prohibition on the Use of Federal Funds

for Advocacy Activities of Local Officials.

Sec. 311. Prohibits the Use of Federal Funds for

Statehood Lobbying.

Sec. 111. Prohibits the Use of Federal Funds for

Statehood Lobbying.

Sec. 313. Prohibits the Use of Federal Funds for

Statehood Lobbying.

Sec. 317. Prohibits the Use of Federal Funds by

Corporation Counsel to Review of Private Lawsuits

Seeking Congressional Voting Representation in

Congress.

Sec. 117. Voting Representation Cost Prohibition

and Corporation Counsel Review of Private Lawsuits.

Sec. 319. Prohibits the Use of Federal Funds by

Corporation Counsel to Review of Private Lawsuits

Seeking Congressional Voting Representation in

Congress.

Education-Related Provisions

House version

Senate version

Enacted

P.L. 108-335

Sec. 133. Charter School Fund.

Sec. 338. Incentives for the Adoption of Children.

Establishment of scholarship fund for children of

adoption and children of 9/11 victims.

Sec. 339. Incentives for the Adoption of Children.

Establishment of scholarship fund for children of

adoption and children of 9/11 victims.

Sec. 339. Public Charter School Financing

Sec. 340. Public Charter School Financing

Sec. 340. Public Charter School Development.

Sec. 341. Public Charter School Development.

Section 341 Teacher Transition and Charter Schools.

Section 342 Teacher Transition and Charter Schools.

CRS-24

Education-Related Provisions

House version

Senate version

Enacted

P.L. 108-335

Sec. 342. Annual Report to Congress on Charter

Schools.

Sec. 343. Annual Report to Congress on Charter

Schools.

Sec. 344. Biennial Evaluation of Charter Schools.

Sec. 346. Biennial Evaluation of Charter Schools

Sec. 345 Charter School Board Operations.

Sec. 347 Charter School Board Operations

Unrelated Provision

Sec. 345. Chicago Sanitary and Ship Canal Dispersal

Barrier. Authorizes a revised federal appropriation of

$6.825 million for a the project, $2.275 in non-federal cost

and a total cost of $9.1 million.

Source: Congressional Research Service.