[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4850 Public Print (PP)]
2d Session
H. R. 4850
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 22, 2004
Ordered to be printed with the amendment of the Senate
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
Making appropriations for the government of the District of Columbia
and other activities chargeable in whole or in part against the
revenues of said District for the fiscal year ending September 30,
2005, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the District of Columbia
and related agencies for the fiscal year ending September 30, 2005, and
for other purposes, namely:</DELETED>
<DELETED>TITLE I--FEDERAL FUNDS</DELETED>
<DELETED>Federal Payment for Resident Tuition Support</DELETED>
<DELETED> 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, $25,600,000, 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
therefor: Provided further, That not more than 7 percent of the total
amount appropriated for this program may be used for administrative
expenses.</DELETED>
<DELETED>Federal Payment for Emergency Planning and Security Costs in
the District of Columbia</DELETED>
<DELETED> 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, $15,000,000, 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 notice of its proposed use has been
transmitted by the President to Congress and such amount has been
apportioned pursuant to chapter 15 of title 31, United States
Code.</DELETED>
<DELETED>Federal Payment to the District of Columbia Courts</DELETED>
<DELETED> For salaries and expenses for the District of Columbia
Courts, $202,110,000, to be allocated as follows: for the District of
Columbia Court of Appeals, $8,952,000, of which not to exceed $1,500 is
for official reception and representation expenses; for the District of
Columbia Superior Court, $84,948,000, of which not to exceed $1,500 is
for official reception and representation expenses; for the District of
Columbia Court System, $40,699,000, of which not to exceed $1,500 is
for official reception and representation expenses; and $67,511,000, to
remain available until September 30, 2006, 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 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 Columbia Courts 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.</DELETED>
<DELETED>Defender Services in District of Columbia Courts</DELETED>
<DELETED> 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),
$41,500,000, 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 $67,511,000 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 shall use funds provided in this Act under the
heading ``Federal Payment to the District of Columbia Courts'' (other
than the $67,511,000 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 futher, 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 Governmental Affairs of the Senate.</DELETED>
<DELETED>Federal Payment to the Court Services and Offender Supervision
Agency for the District of Columbia</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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,
$183,490,000, 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 $115,343,000 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 $39,314,000 shall be available to the Pretrial Services Agency;
and of which $28,833,000 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 D.C.
Government for space and services provided on a cost reimbursable
basis: Provided further, That the Public Defender Service is authorized
to charge fees to cover costs of materials distributed 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.</DELETED>
<DELETED>Federal Payment to the District of Columbia Water and Sewer
Authority</DELETED>
<DELETED> For a Federal payment to the District of Columbia Water
and Sewer Authority, $10,000,000, 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 match for this payment.</DELETED>
<DELETED>Federal Payment for the Anacostia Waterfront
Initiative</DELETED>
<DELETED> For a Federal payment to the District of Columbia
Department of Transportation, $3,000,000, to remain available until
September 30, 2006, for design and construction of a continuous
pedestrian and bicycle trail system from the Potomac River to the
District's border with Maryland.</DELETED>
<DELETED>Federal Payment to the Criminal Justice Coordinating
Council</DELETED>
<DELETED> For a Federal payment to the Criminal Justice Coordinating
Council, $1,300,000, to support initiatives related to the coordination
of Federal and local criminal justice resources in the District of
Columbia.</DELETED>
<DELETED>Federal Payment for Capital Development in the District of
Columbia</DELETED>
<DELETED> For a Federal payment to the District of Columbia for
capital development, $7,000,000, to remain available until expended,
for the Unified Communications Center.</DELETED>
<DELETED>Federal Payment for Public School Libraries</DELETED>
<DELETED> For a Federal payment to the District of Columbia Public
Schools, $6,000,000, to remain available until expended, for a public
school library enhancement program: Provided, That the District of
Columbia Public Schools provides a 100 percent match for this payment:
Provided further, That the Federal portion is for the acquisition of
library resources: Provided further, That the matching portion is for
any necessary facilities upgrades.</DELETED>
<DELETED>Federal Payment for the Family Literacy Program</DELETED>
<DELETED> For a Federal payment to the District of Columbia,
$1,000,000, for a Family Literacy Program to address the needs of
literacy-challenged parents while endowing their children with an
appreciation for literacy and strengthening familial ties: Provided,
That the District of Columbia shall provide a 100 percent match with
local funds as a condition of receiving this payment.</DELETED>
<DELETED>Federal Payment for Foster Care Improvements in the District
of Columbia</DELETED>
<DELETED> For the Federal payment to the District of Columbia for
foster care improvements, $5,000,000: Provided, That $3,000,000 shall
be for the Child and Family Services Agency, of which $2,000,000 shall
be to continue an early intervention program to provide intensive and
immediate services for foster children; of which $1,000,000 shall be
for the emergency support fund to purchase items necessary to allow
children to remain in the care of an approved and licensed family
member: Provided further, That $1,500,000 shall be for the Department
of Mental Health to provide all court-ordered or agency-required mental
health screenings, assessments and treatments for children under the
supervision of the Child and Family Services Agency: Provided further,
That $500,000 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 and
recruitment of foster parents: Provided further, That these Federal
funds shall supplement and not supplant local funds.</DELETED>
<DELETED>Federal Payment to the Office of the Chief Financial Officer
of the District of Columbia</DELETED>
<DELETED> For a Federal payment to the Office of the Chief Financial
Officer of the District of Columbia, $19,000,000: Provided, That these
funds shall be available for the projects and in the amounts specified
in the Statement of the Managers on the conference report accompanying
this Act: Provided further, That each entity that receives funding
under this heading shall submit to the Office of the Chief Financial
Officer of the District of Columbia and the Committees on
Appropriations of the House of Representatives and Senate a report on
the activities to be carried out with such funds no later than March
15, 2005.</DELETED>
<DELETED>Federal Payment for School Improvement</DELETED>
<DELETED> For Federal payment for a school improvement program in
the District of Columbia, $40,000,000, 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 charter schools in the District
of Columbia; for the Secretary of the Department of Education,
$14,000,000 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 (Public Law 108-199, 118
Stat. 126), of which up to $1,000,000 may be used to administer and
fund assessments for the opportunity scholarship program: Provided,
That the District of Columbia Public Schools shall submit a plan for
the use of funds provided under this heading for public school
education to the Committees on Appropriations of the House of
Representatives and Senate, the Committee on Education and the
Workforce and the Committee on Government Reform of the House of
Representatives, the Committee on Health, Education, Labor, and
Pensions of the Senate: Provided further, That the funds provided under
this heading for public school education shall not be made available
until 30 calendar days after the submission of a spending plan by the
District of Columbia Public Schools to the Committees on Appropriations
of the House of Representatives and Senate.</DELETED>
<DELETED>TITLE II--DISTRICT OF COLUMBIA FUNDS</DELETED>
<DELETED>OPERATING EXPENSES</DELETED>
<DELETED>Division of Expenses</DELETED>
<DELETED> 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
(D.C. Official Code, sec. 1-204.50a) and provisions of this Act, the
total amount appropriated in this Act for operating expenses for the
District of Columbia for fiscal year 2005 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 $6,199,114,000 (of which
$4,165,485,000 shall be from local funds, $1,687,554,000 shall be from
Federal grant funds, $332,761,000 shall be from other funds, and
$13,314,000 shall be from private funds), in addition, $98,900,000 from
funds previously appropriated in this Act as Federal payments: 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 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 2005, 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.</DELETED>
<DELETED>Governmental Direction and Support</DELETED>
<DELETED> Governmental direction and support, $416,069,000
(including $261,068,000 from local funds, $100,256,000 from Federal
grant funds, and $54,745,000 from other funds), in addition,
$19,000,000 from funds previously appropriated in this Act under the
heading ``Federal Payment to the Chief Financial Officer of the
District of Columbia'', and $500,000 from funds previously appropriated
in this Act under the heading ``Federal Payment for Foster Care
Improvements in the District of Columbia'' shall be available to the
Metropolitan Washington Council of Governments: Provided, That not to
exceed $9,300 for the Mayor, $9,300 for the Chairman of the Council of
the District of Columbia, $9,300 for the City Administrator, and $9,300
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
notwithstanding any other provision of law, or Mayor's Order 86-45,
issued March 18, 1986, the Office of the Chief Technology Officer's
delegated small purchase authority shall be $500,000: Provided further,
That the District of Columbia government may not require the Office of
the Chief Technology Officer to submit to any other procurement review
process, or to obtain the approval of or be restricted in any manner by
any official or employee of the District of Columbia government, for
purchases that do not exceed $500,000.</DELETED>
<DELETED>Economic Development and Regulation</DELETED>
<DELETED> Economic development and regulation, $334,745,000
(including $55,764,000 from local funds, $93,050,000 from Federal grant
funds, $185,806,000 from other funds, and $125,000 from private funds),
of which $13,000,000 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 (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
local funds in the amount of $1,200,000 shall be appropriated for the
Excel Institute.</DELETED>
<DELETED>Public Safety and Justice</DELETED>
<DELETED> Public safety and justice, $797,423,000 (including
$760,849,000 from local funds, $6,599,000 from Federal grant funds,
$29,966,000 from other funds, and $9,000 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'': Provided, That not to exceed $500,000 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.</DELETED>
<DELETED>Public Education System</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> Public education system, including the development of
national defense education programs, $1,223,424,000 (including
$1,058,709,000 from local funds, $151,978,000 from Federal grant funds,
$8,957,000 from other funds, $3,780,000 from private funds) in
addition, $25,600,000 from funds previously appropriated in this Act
under the heading ``Federal Payment for Resident Tuition Support'',
$6,000,000 from funds previously appropriated in this Act under the
heading ``Federal Payment for Public School Libaries'', and $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:</DELETED>
<DELETED> (1) District of columbia public schools.--
$888,944,000 (including $760,494,000 from local funds,
$117,450,000 from Federal grant funds, $7,330,000 from other
funds, $3,670,000 from private funds), in addition, $6,000,000
from funds previously appropriated in this Act under the
heading ``Federal Payment for Public School Libraries'' shall
be available for District of Columbia Public Schools 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 District of
Columbia Public Schools: Provided, 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 2005 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 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, 2005, 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 2006 (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, 2006: Provided further, That not to exceed
$9,300 for the Superintendent of Schools shall be available
from this appropriation for official reception and
representation expenses.</DELETED>
<DELETED> (2) Teachers' retirement fund.--$9,200,000 from
local funds shall be available for the Teacher's Retirement
Fund.</DELETED>
<DELETED> (3) State education office.--$43,104,000
(including $10,015,000 from local funds, $32,913,000 from
Federal grant funds, and $176,000 from other funds), in
addition, $25,600,000 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, $500,000 from local
funds shall remain available until June 30, 2006 for an audit
of the student enrollment of each District of Columbia Public
School and of each District of Columbia public charter
school.</DELETED>
<DELETED> (4) District of columbia public charter schools.--
$196,802,000 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 for public education in accordance with
section 2403(b)(2) of the District of Columbia School Reform
Act of 1995 (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)(5) of the District of Columbia
School Reform Act of 1995 (D.C. Official Code, sec. 38-
1804.03(b)(5)): 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, 2005, 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 2006 (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, 2006.</DELETED>
<DELETED> (5) University of the district of columbia
subsidy.--$49,602,000 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, 2005, 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, 2005, 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 2006 (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, 2006: Provided further, That not to exceed
$9,300 for the President of the University of the District of
Columbia shall be available from this appropriation for
official reception and representation expenses.</DELETED>
<DELETED> (6) District of columbia public libraries.--
$30,831,000 (including $28,978,000 from local funds, $1,093,000
from Federal grant funds, $651,000 from other funds, and
$110,000 from private funds) shall be available for the
District of Columbia Public Libraries: Provided, That not to
exceed $7,500 for the Public Librarian shall be available from
this appropriation for official reception and representation
expenses.</DELETED>
<DELETED> (7) Commission on the arts and humanities.--
$4,941,000 (including $3,618,000 from local funds, $523,000
from Federal grant funds, and $800,000 from other funds) shall
be available for the Commission on the Arts and
Humanities.</DELETED>
<DELETED>Human Support Services</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> Human support services, $2,533,825,000 (including
$1,165,314,000 from local funds, $1,331,670,000 from Federal grant
funds, $27,441,000 from other funds, $9,400,000 from private funds), in
addition, $4,500,000 from funds previously appropriated in this Act
under the heading ``Federal Payment to Foster Care Improvements in the
District of Columbia'': Provided, That $29,600,000 of this
appropriation, to remain available until expended, shall be available
solely for District of Columbia employees' disability compensation:
Provided further, That no less than $8,498,720, to remain available
until expended, shall be deposited in the Addiction Recovery Fund,
established pursuant to section 5 of the Choice in Drug Treatment Act
of 2000, effective July 8, 2000 (D.C. Law 13-146; D.C. Official Code,
sec. 7-3004), to be used exclusively for the purpose of the Choice in
Drug Treatment program, established pursuant to section 4 of the Choice
in Drug Treatment Act of 2000 (D.C. Law 13-146; D.C. Official Code,
sec. 7-3003), of which $7,500,000 shall be provided from local funds:
Provided further, That none of the $8,498,720 for the Choice in Drug
Treatment program shall be used by the Department of Health's Addiction
Prevention and Recovery Administration to provide youth residential
treatment services or youth outpatient treatment services: Provided
further, That no less than $2,000,000 shall be available to the
Department of Health's Addiction Prevention and Recovery Administration
exclusively for the purpose of providing youth residential treatment
services: Provided further, That no less than $1,575,416 shall be
available to the Department of Health's Addiction Prevention and
Recovery Administration exclusively for the purpose of providing youth
outpatient treatment services, of which $750,000 shall be made
available exclusively to provide intensive outpatient treatment slots,
outpatient treatment slots, and other program costs for youth in the
care of the Youth Services Administration: Provided further, That no
less than $1,400,000 shall be used by the Department of Health's
Addiction Prevention and Recovery Administration to fund a Child and
Family Services Agency pilot project entitled Family Treatment Court:
Provided further, That $1,200,000 of local funds, to remain available
until expended, shall be deposited in the Adoption Voucher Fund,
established pursuant to section 3805(a) of the Adoption Voucher Fund
Act of 2000, effective October 19, 2000 (D.C. Law 13-172; D.C. Official
Code, sec. 4-344(a)), to be used exclusively for the purposes set forth
in section 3805(b) of the Adoption Voucher Fund Act (D.C. Official
Code, sec. 4-344(b)): Provided further, That no less than $300,000
shall be used by the Department of Health's Environmental Health
Administration to operate the Total Maximum Daily Load program:
Provided further, That no less than $1,268,500 shall be used by the
Department of Health's Environmental Health Administration to operate
its air quality programs, of which no less than $242,000 shall be used
to fund 4 full-time air quality employees: Provided further, That the
Department of Human Services, Youth Services Administration shall not
expend any appropriated fiscal year 2005 funds until the Mayor has
submitted to the Council by September 30, 2004, a plan, including time
lines, to close the Oak Hill Youth Center at the earliest feasible
date. All of the above proviso amounts in this heading relate back to
and are a subset of the first-referenced appropriation amount of
$2,533,825,000.</DELETED>
<DELETED>Public Works</DELETED>
<DELETED> 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, $331,936,000 (including $312,035,000 from
local funds, $4,000,000 from Federal grant funds, and $15,901,000 from
other funds): Provided, That this appropriation shall not be available
for collecting ashes or miscellaneous refuse from hotels and places of
business.</DELETED>
<DELETED>Cash Reserve</DELETED>
<DELETED> For the cumulative cash reserve established pursuant to
section 202(j)(2) of the District of Columbia Financial Responsibility
and Management Assistance Act of 1995 (D.C. Official Code, sec. 47-
392.02(j)(2)), $50,000,000 from local funds.</DELETED>
<DELETED>Repayment of Loans and Interest</DELETED>
<DELETED> 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), $347,700,000 from local
funds.</DELETED>
<DELETED>Payment of Interest on Short-Term Borrowing</DELETED>
<DELETED> For payment of interest on short-term borrowing,
$4,000,000 from local funds.</DELETED>
<DELETED>Certificates of Participation</DELETED>
<DELETED> 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, $11,252,000
from local funds.</DELETED>
<DELETED>Settlements and Judgments</DELETED>
<DELETED> For making refunds and for the payment of legal
settlements or judgments that have been entered against the District of
Columbia government, $20,270,000 from local funds: Provided, That this
appropriation shall not be construed as modifying or affecting the
provisions of section 103 of this Act.</DELETED>
<DELETED>Wilson Building</DELETED>
<DELETED> For expenses associated with the John A. Wilson building,
$3,633,000 from local funds.</DELETED>
<DELETED>Workforce Investments</DELETED>
<DELETED> For workforce investments, $38,114,000 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: Provided, That of this amount $3,548,000 shall remain
available until expended to meet the requirements of the Compensation
Agreement Between the District of Columbia Government Units 1 and 2
Approval Resolution of 2004, effective February 17, 2004 (Res. 15-459;
51 DCR 2325).</DELETED>
<DELETED>Non-Departmental Agency</DELETED>
<DELETED> To account for anticipated costs that cannot be allocated
to specific agencies during the development of the proposed budget,
$13,946,000 (including $4,000,000 from local funds and $9,946,000 from
other funds) to be transferred by the Mayor of the District of Columbia
within the various appropriations headings in this Act: Provided, That
$4,000,000 from local funds shall be for anticipated costs associated
with the No Child Left Behind Act.</DELETED>
<DELETED>Emergency Planning and Security Fund</DELETED>
<DELETED> For Emergency Planning and Security Fund, $15,000,000 from
funds previously appropriated in this Act under the heading ``Federal
Payment for Emergency Planning and Security Costs in the District of
Columbia''.</DELETED>
<DELETED>Tax Increment Financing Program</DELETED>
<DELETED> For a Tax Increment Financing Program, such amounts as are
necessary to meet the Tax Increment Financing requirements, not to
exceed $9,710,000 from the District's general fund balance.</DELETED>
<DELETED>Equipment Lease Operating</DELETED>
<DELETED> For Equipment Lease Operating $23,109,000 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
percent of the par amount being financed on a lease purchase basis with
a maturity not to exceed 5 years.</DELETED>
<DELETED>Emergency and Contingency Reserve Funds</DELETED>
<DELETED> For the emergency reserve fund and the contingency reserve
fund under section 450A of the District of Columbia Home Rule Act
(Public Law 98-198, as amended; D.C. Official Code, sec. 1-204.50a),
such additional amounts from the District's general fund balance as are
necessary to meet the balance requirements for such funds under section
450A.</DELETED>
<DELETED>Family Literacy</DELETED>
<DELETED> From funds previously appropriated in this Act under the
heading ``Federal Payment for the Family Literacy Program'',
$1,000,000.</DELETED>
<DELETED>Pay-As-You-Go Capital</DELETED>
<DELETED> For Pay-As-You-Go Capital funds in lieu of capital
financing, $6,531,000 from local funds, to be transferred to the
Capital Fund.</DELETED>
<DELETED>Pay-As-You-Go Contingency</DELETED>
<DELETED> For Pay-As-You-Go Contingency Fund, $43,137,000, subject
to the Criteria for Spending Pay-As-You-Go Funding Act of 2004,
approved by the Council of the District of Columbia on 1st reading, May
14, 2004 (Title I of Bill 15-768), there are authorized to be
transferred from the contingency fund to certain other headings of this
Act as necessary to carry out the purposes of this Act. Expenditures
from the Pay-As-You-Go Contingency Fund shall be subject to the
approval of the Council by resolution.</DELETED>
<DELETED>Revised Revenue Estimate Contingency Priority</DELETED>
<DELETED> If the Chief Financial Officer for the District of
Columbia certifies through a revised revenue estimate that funds are
available from local funds, such available funds shall be expended as
provided in the Contingency for Recordation and Transfer Tax Reduction
and the Office of Property Management and Library Expenditures Act of
2004, approved by the Council of the District of Columbia on 1st
reading, May 14, 2004 (Bill 15-768), including up to $2,000,000 to the
Office of Property Management, and up to $1,200,000 to the District of
Columbia Public Library.</DELETED>
<DELETED>ENTERPRISE AND OTHER FUNDS</DELETED>
<DELETED>Water and Sewer Authority</DELETED>
<DELETED> For operation of the Water and Sewer Authority,
$275,289,000 from other funds, of which $15,180,402 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, $371,040,000, to be distributed as follows:
$181,656,000 for the Blue Plains Wastewater Treatment Plant,
$43,800,000 for the sewer program, $9,118,000 for the stormwater
program, $122,627,000 for the water program, and $13,839,000 for the
capital equipment program; in addition, $10,000,000 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.</DELETED>
<DELETED>Washington Aqueduct</DELETED>
<DELETED> For operation of the Washington Aqueduct, $47,972,000 from
other funds.</DELETED>
<DELETED>Stormwater Permit Compliance Enterprise Fund</DELETED>
<DELETED> For operation of the Stormwater Permit Compliance
Enterprise Fund, $3,792,000 from other funds.</DELETED>
<DELETED>Lottery and Charitable Games Enterprise Fund</DELETED>
<DELETED> For the Lottery and Charitable Games Enterprise Fund,
established by the District of Columbia Appropriation Act, 1982, 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.), $247,000,000 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, 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.</DELETED>
<DELETED>Sports and Entertainment Commission</DELETED>
<DELETED> For the Sports and Entertainment Commission, $7,322,000
from other funds: Provided, That the paragraph under the heading
``Sports and Entertainment Commission'' in Public Law 108-199 (118
Stat. 125) is amended by striking the term ``local funds'' and
inserting the term ``other funds'' in its place.</DELETED>
<DELETED>District of Columbia Retirement Board</DELETED>
<DELETED> 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), $15,277,000 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.</DELETED>
<DELETED>Washington Convention Center Enterprise Fund</DELETED>
<DELETED> For the Washington Convention Center Enterprise Fund,
$77,176,000 from other funds.</DELETED>
<DELETED>National Capital Revitalization Corporation</DELETED>
<DELETED> For the National Capital Revitalization Corporation,
$7,850,000 from other funds.</DELETED>
<DELETED>University of the District of Columbia</DELETED>
<DELETED> For the University of the District of Columbia,
$85,102,000 (including, $49,603,000 from local funds previously
appropriated in this Act under the heading ``Public Education
Systems'', $15,192,000 from Federal funds, $19,434,000 from other
funds, and $873,000 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, 2005, 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.</DELETED>
<DELETED>Unemployment Insurance Trust Fund</DELETED>
<DELETED> For the Unemployment Insurance Trust Fund, $180,000,000
from other funds.</DELETED>
<DELETED>Other Post Employee Benefits Trust Fund</DELETED>
<DELETED> For the Other Post Employee Benefits Trust Fund, $953,000
from other funds.</DELETED>
<DELETED>DC Public Library Trust Fund</DELETED>
<DELETED> For the DC Public Library Trust Fund, $17,000 from other
funds: Provided, That $7,000 shall be for the Theodore W. Noyes Trust
Fund: Provided further, That $10,000 shall be for the Peabody Trust
Fund.</DELETED>
<DELETED>Capital Outlay</DELETED>
<DELETED>(including rescissions)</DELETED>
<DELETED> For construction projects, an increase of $1,087,649,000,
of which $839,898,000 shall be from local funds, $38,542,000 from
Highway Trust funds, $37,000,000 from the Rights-of-way funds,
$172,209,000 from Federal grant funds, and a rescission of $361,763,000
from local funds appropriated under this heading in prior fiscal years,
for a net amount of $725,886,000, to remain available until expended;
in addition, $7,000,000 from funds previously appropriated in this Act
under the heading ``Federal Payment for Capital Development in the
District of Columbia'' and $3,000,000 from funds previously
appropriated in this Act under the heading ``Federal Payment for the
Anacostia Waterfront Initiative'': 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 the Office of
the Chief Technology Officer of the District of Columbia shall
implement the following information technology projects 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).</DELETED>
<DELETED>TITLE III--GENERAL PROVISIONS</DELETED>
<DELETED> Sec. 101. Whenever in this Act, an amount is specified
within an appropriation for a 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Sec. 104. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current fiscal
year unless expressly provided herein.</DELETED>
<DELETED> Sec. 105. (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.</DELETED>
<DELETED> (b) The District of Columbia may use local funds provided
in this Act to carry out lobbying activities on any matter other than--
</DELETED>
<DELETED> (1) the promotion or support of any boycott;
or</DELETED>
<DELETED> (2) statehood for the District of Columbia or
voting representation in Congress for the District of
Columbia.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> Sec. 106. (a) None of the funds provided under this Act to
the agencies funded by this Act, both Federal and District government
agencies, that remain available for obligation or expenditure in fiscal
year 2005, 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 Act, shall be available for obligation or expenditures
for an agency through a reprogramming of funds which--</DELETED>
<DELETED> (1) creates new programs;</DELETED>
<DELETED> (2) eliminates a program, project, or
responsibility center;</DELETED>
<DELETED> (3) establishes or changes allocations
specifically denied, limited or increased under this
Act;</DELETED>
<DELETED> (4) increases funds or personnel by any means for
any program, project, or responsibility center for which funds
have been denied or restricted;</DELETED>
<DELETED> (5) reestablishes any program or project
previously deferred through reprogramming;</DELETED>
<DELETED> (6) augments any existing program, project, or
responsibility center through a reprogramming of funds in
excess of $1,000,000 or 10 percent, whichever is less;
or</DELETED>
<DELETED> (7) increases by 20 percent or more personnel
assigned to a specific program, project or responsibility
center,</DELETED>
<DELETED>unless the Committees on Appropriations of the House of
Representatives and Senate are notified in writing 15 days in advance
of the reprogramming.</DELETED>
<DELETED> (b) 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 $1,000,000 from 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, except that in no event
may the amount of any funds transferred exceed 4 percent of the local
funds in the appropriations.</DELETED>
<DELETED> Sec. 107. 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.</DELETED>
<DELETED> Sec. 108. 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, sec. 1-
601.01 et seq.), enacted pursuant to section 422(3) of the District of
Columbia Home Rule Act (D.C. Official Code, sec. 1-204l.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.</DELETED>
<DELETED> Sec. 109. No later than 30 days after the end of the first
quarter of fiscal year 2005, 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 2005 revenue estimates as of the end of such
quarter. These estimates shall be used in the budget request for fiscal
year 2006. The officially revised estimates at midyear shall be used
for the midyear report.</DELETED>
<DELETED> Sec. 110. 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, sec. 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.</DELETED>
<DELETED> Sec. 111. 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, sec. 1-123).</DELETED>
<DELETED> Sec. 112. None of the 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.</DELETED>
<DELETED> Sec. 113. 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, sec. 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.</DELETED>
<DELETED> Sec. 114. (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.</DELETED>
<DELETED> (b)(1) No such Federal, private, or other grant may be
accepted, obligated, or expended pursuant to subsection (a) until--
</DELETED>
<DELETED> (A) the Chief Financial Officer of the District of
Columbia submits to the Council a report setting forth detailed
information regarding such grant; and</DELETED>
<DELETED> (B) the Council has reviewed and approved the
acceptance, obligation, and expenditure of such
grant.</DELETED>
<DELETED> (2) For purposes of paragraph (1)(B), the Council shall be
deemed to have reviewed and approved the acceptance, obligation, and
expenditure of a grant if--</DELETED>
<DELETED> (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 (1)(A); or</DELETED>
<DELETED> (B) if such a notice of disapproval is filed
within such deadline, the Council does not by resolution
disapprove the acceptance, obligation, or expenditure of the
grant within 30 calendar days of the initial receipt of the
report from the Chief Financial Officer under paragraph
(1)(A).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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 Act, or approved and received under subsection
(b)(2) to reflect a change in the actual amount of the grant.</DELETED>
<DELETED> (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 not later than 15 days after the
end of the quarter covered by the report.</DELETED>
<DELETED> Sec. 115. (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--</DELETED>
<DELETED> (1) 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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (3) the Mayor of the District of Columbia;
and</DELETED>
<DELETED> (4) the Chairman of the Council of the District of
Columbia.</DELETED>
<DELETED> (b) The Chief Financial Officer of the District of
Columbia shall submit by March 1, 2005, an inventory, as of September
30, 2004, 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.</DELETED>
<DELETED> Sec. 116. 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 2005 unless--</DELETED>
<DELETED> (1) 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, sec. 2-302.8);
and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> Sec. 117. (a) None of the funds contained in this Act may
be used by 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.</DELETED>
<DELETED> (b) Nothing in this section bars 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.</DELETED>
<DELETED> Sec. 118. (a) None of the 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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> Sec. 119. 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. The Chief Financial Officer of the District of Columbia
shall provide to the Committees on Appropriations of the House of
Representatives and Senate by the 10th day after the end of each
quarter a summary list showing each report, the due date, and the date
submitted to the Committees.</DELETED>
<DELETED> Sec. 120. (a) None of the 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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> Sec. 121. Nothing in this Act may be construed to prevent
the Council or 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.</DELETED>
<DELETED> Sec. 122. 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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (5) improvement in basic District services,
including rat control and abatement;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (7) indicators of child well-being.</DELETED>
<DELETED> Sec. 123. (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 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 Home Rule Act (D.C. Official Code, sec.
1-204.42), for all agencies of the District of Columbia government for
fiscal year 2004 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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> Sec. 124. None of the funds contained in this Act may be
used to issue, administer, or enforce any order by the District of
Columbia Commission on Human Rights relating to docket numbers 93-030-
(PA) and 93-031-(PA).</DELETED>
<DELETED> Sec. 125. None of the Federal funds made available in this
Act may be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made by, or
transfer authority provided in, this Act or any other appropriation
Act.</DELETED>
<DELETED> Sec. 126. Notwithstanding any other law, the District of
Columbia Courts shall transfer to the general treasury of the District
of Columbia all fines levied and collected by the Courts under section
10(b)(1) and (2) of the District of Columbia Traffic Act (D.C. Official
Code, sec. 50-2201.05(b)(1) and (2)). The transferred funds shall
remain available until expended and shall be used by the Office of the
Corporation Counsel for enforcement and prosecution of District traffic
alcohol laws in accordance with section 10(b)(3) of the District of
Columbia Traffic Act (D.C. Official Code, sec. 50-
2201.05(b)(3)).</DELETED>
<DELETED> Sec. 127. None of the funds contained in this Act may be
made available to pay--</DELETED>
<DELETED> (1) the fees of an attorney who represents a party
in an action or an attorney who defends an action, including an
administrative proceeding, 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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> Sec. 128. The Chief Financial Officer of the District of
Columbia shall require attorneys in special education cases brought
under the Individuals with Disabilities 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.</DELETED>
<DELETED> Sec. 129. The amount appropriated by this Act may be
increased by no more than $15,000,000 from funds identified in the
comprehensive annual financial report as the District's fiscal year
2004 unexpended general fund surplus. The District may obligate and
expend these amounts only in accordance with the following
conditions:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) The District of Columbia may only use these
funds for the following expenditures:</DELETED>
<DELETED> (A) Unanticipated one-time
expenditures.</DELETED>
<DELETED> (B) Expenditures to avoid deficit
spending.</DELETED>
<DELETED> (C) Debt Reduction.</DELETED>
<DELETED> (D) Unanticipated program needs.</DELETED>
<DELETED> (E) Expenditures to avoid revenue
shortfalls.</DELETED>
<DELETED> (3) The amounts shall be obligated and expended in
accordance with laws enacted by the Council in support of each
such obligation or expenditure.</DELETED>
<DELETED> (4) The amounts may not be used to fund the
agencies of the District of Columbia government under court
ordered receivership.</DELETED>
<DELETED> (5) The amounts may be obligated and expended only
if approved by the Committees on Appropriations of the House of
Representatives and Senate in advance of any obligation or
expenditure.</DELETED>
<DELETED> Sec. 130. (a) Section 450A(a) of the District of Columbia
Home Rule Act (D.C. Official Code, sec. 1-204.50a(a)) is amended as
follows:</DELETED>
<DELETED> (1) Paragraph (1) is amended to read as
follows:</DELETED>
<DELETED> ``(1) In general.--There is established an
emergency cash reserve fund (``emergency reserve fund'') as an
interest-bearing account (separate from other accounts in the
General Fund) into which the Mayor shall make a deposit in cash
each fiscal year of such an amount as may be required to
maintain a balance in the fund of at least 2 percent of the
operating expenditures as defined in paragraph (2) of this
subsection or such amount as may be required for deposit in a
fiscal year in which the District is replenishing the emergency
reserve fund pursuant to subsection (a)(7).''.</DELETED>
<DELETED> (2) Paragraph (2) is amended to read as
follows:</DELETED>
<DELETED> ``(2) Operating expenses.--For the purpose of this
subsection, operating expenditures is defined as the amount
reported in the District of Columbia's Comprehensive Annual
Financial Repsort for the fiscal year immediately preceding the
current fiscal year as the actual operating expenditure from
local funds, less such amounts that are attributed to debt
service payments for which a separate reserve fund is already
established under this Act.''.</DELETED>
<DELETED> (3) Paragraph (7) is amended to read as
follows:</DELETED>
<DELETED> ``(7) Replenishment.--The District of Columbia
shall appropriate sufficient funds each fiscal year in the
budget process to replenish any amounts allocated from the
emergency reserve fund during the preceding fiscal years so
that not less than 50 percent of any amount allocated in the
preceding fiscal year or the amount necessary to restore the
emergency reserve fund to the 2 percent required balance,
whichever is less, is replenished by the end of the current
fiscal year and 100 percent of the amount allocated or the
amount necessary to restore the emergency reserve fund to the 2
percent required balance, whichever is less, is replenished by
the end of the second fiscal year following each such
allocation.''.</DELETED>
<DELETED> (b) Section 450A(b) of such Act (sec. 1-204.50a(b), D.C.
Official Code) is amended as follows:</DELETED>
<DELETED> (1) Paragraph (1) is amended to read as
follows:</DELETED>
<DELETED> ``(1) In general.--There is established a
contingency cash reserve fund (``contingency reserve fund'') as
an interest-bearing account, separate from other accounts in
the general fund, into which the Mayor shall make a deposit in
cash each fiscal year of such amount as may be required to
maintain a balance in the fund of at least 4 percent of the
operating expenditures as defined in paragraph (2) of this
subsection or such amount as may be required for deposit in a
fiscal year in which the District is replenishing the emergency
reserve fund pursuant to subsection (b)(6).''.</DELETED>
<DELETED> (2) Paragraph (2) is amended to read as
follows:</DELETED>
<DELETED> ``(2) Operating expenses.--For the purpose of this
subsection, operating expenditures is defined as the amount
reported in the District of Columbia's Comprehensive Annual
Financial Report for the fiscal year immediately preceding the
current fiscal year as the actual operating expenditure from
local funds, less such amounts that are attributed to debt
service payments for which a separate reserve fund is already
established under this Act.''.</DELETED>
<DELETED> (3) Paragraph (6) is amended to read as
follows:</DELETED>
<DELETED> ``(6) Replenishment.--The District of Columbia
shall appropriate sufficient funds each fiscal year in the
budget process to replenish any amounts allocated from the
contingency reserve fund during the preceding fiscal years so
that not less than 50 percent of any amount allocated in the
preceding fiscal year or the amount necessary to restore the
contingency reserve fund to the 4 percent required balance,
whichever is less, is replenished by the end of the current
fiscal year and 100 percent of the amount allocated or the
amount necessary to restore the contingency reserve fund to the
4 percent required balance, whichever is less, is replenished
by the end of the second fiscal year following each such
allocation.''.</DELETED>
<DELETED> Sec. 131. For fiscal year 2005, the Chief Financial
Officer shall re-calculate the emergency and contingency cash reserve
funds amount established by section 450A of the District of Columbia
Home Rule Act (D.C. Official Code, sec. 1-204.50a), as amended by this
Act, and is authorized to transfer funds between the emergency and
contingency cash reserve funds to reach the required percentages, and
may transfer funds from the emergency and contingency cash reserve
funds to the general fund of the District of Columbia to the extent
that such funds are not necessary to meet the requirements established
for each fund, except that the Chief Financial Officer may not transfer
funds from the emergency or the contingency reserve funds to the extent
that such a transfer would lower the fiscal year 2005 total percentage
below 7 percent.</DELETED>
<DELETED> Sec. 132. (a) Section 6 of the Policemen and Firemen's
Retirement and Disability Act Amendments of 1957 (sec. 5-732, D.C.
Official Code) is amended by striking the period at the end of the
first sentence and inserting the following: ``, and for the
administrative costs associated with making such benefit
payments.''.</DELETED>
<DELETED> (b) The amendment made by subsection (a) shall apply with
respect to fiscal year 2005 and each succeeding fiscal year.</DELETED>
<DELETED> Sec. 133. (a) Continuing Availability of Amounts in
Charter School Fund.--Section 2403(b)(1) of the District of Columbia
School Reform Act of 1995 (sec. 38-1804.03(b)(1), D.C. Official Code)
is amended by adding at the end the following new sentence: ``Amounts
in the Charter School Fund shall remain available until expended, and
any amounts in the Fund remaining unobligated or unexpended at the end
of a fiscal year shall not revert to the General Fund of the District
of Columbia.''.</DELETED>
<DELETED> (b) Availability of Additional Local Funds for Charter
School Fund.--Section 2403(b)(2)(A) of such Act (sec. 38-
1804.03(b)(2)(A), D.C. Official Code) is amended by inserting after
``District of Columbia,'' the following: ``together with any other
local funds that the Chief Financial Officer of the District of
Columbia certifies are necessary to carry out the purposes of the Fund
during the fiscal year,''.</DELETED>
<DELETED> (c) Effective Date.--The amendments made by this section
shall apply with respect to fiscal year 2005 and each succeeding fiscal
year.</DELETED>
<DELETED> Sec. 134. (a) Continuation of Certain Authority of Chief
Financial Officer.--Section 2302 of the Emergency Wartime Supplemental
Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 593), is amended
by striking ``September 30, 2004'' and inserting ``September 30,
2005''.</DELETED>
<DELETED> (b) Effective Date.--The amendment made by subsection (a)
shall take effect as if included in the enactment of the Emergency
Wartime Supplemental Appropriations Act, 2003.</DELETED>
<DELETED> Sec. 135. (a) Section 106(b) of the District of Columbia
Public Works Act of 1954 (sec. 34-2401.25(b), D.C. Official Code) is
amended by striking paragraph (5).</DELETED>
<DELETED> (b) Section 212(b) of such Act (sec. 34-2112(b), D.C.
Official Code) is amended by striking paragraph (5).</DELETED>
<DELETED> (c) The amendments made by this section shall apply with
respect to quarters occurring during fiscal year 2005 and each
succeeding fiscal year.</DELETED>
<DELETED> Sec. 136. (a) Approval of Bonds by Joint Committee on
Judicial Administration.--Section 11-1701(b), District of Columbia
Official Code, is amended by striking paragraph (5).</DELETED>
<DELETED> (b) Executive Officer.--</DELETED>
<DELETED> (1) In general.--Section 11-1704, District of
Columbia Official Code, is amended to read as
follows:</DELETED>
<DELETED>``Sec. 11-1704. Oath of Executive Officer</DELETED>
<DELETED> ``The Executive Officer shall take an oath or affirmation
for the faithful and impartial discharge of the duties of that
office.''.</DELETED>
<DELETED> (2) Clerical amendment.--The table of sections for
subchapter I of chapter 17 of title 11, District of Columbia
Official Code, is amended by amending the item relating to
section 11-1704 to read as follows:</DELETED>
<DELETED> ``11-1704. Oath of Executive Officer.''.
<DELETED> (c) Fiscal Officer.--Section 11-1723, District of Columbia
Official Code, is amended--</DELETED>
<DELETED> (1) by striking ``(a)(1)'' and inserting
``(a)'';</DELETED>
<DELETED> (2) by striking subsection (b); and</DELETED>
<DELETED> (3) by redesignating paragraphs (2) and (3) of
subsection (a) as subsections (b) and (c).</DELETED>
<DELETED> (d) Auditor-Master.--Section 11-1724, District of Columbia
Official Code, is amended by striking the second and third
sentences.</DELETED>
<DELETED> (e) Register of Wills.--</DELETED>
<DELETED> (1) In general.--Section 11-2102, District of
Columbia Official Code, is amended--</DELETED>
<DELETED> (A) in the heading, by striking
``bond;'';</DELETED>
<DELETED> (B) in subsection (a)(2), by striking
``give bond,'' and all that follows through
``seasonably to record'' and inserting ``seasonably
record''; and</DELETED>
<DELETED> (C) by striking the third sentence of
subsection (a).</DELETED>
<DELETED> (2) Clerical amendment.--The item relating to
section 11-2102 in the table of sections for chapter 21 of
title 11, District of Columbia Official Code, is amended by
striking ``bond;''.</DELETED>
<DELETED> Sec. 137. Section 11-1728, District of Columbia Official
Code, is amended to read as follows:</DELETED>
<DELETED>``Sec. 11-1728. Recruitment and training of personnel;
travel</DELETED>
<DELETED> ``(a) The Executive Officer shall be responsible for
recruiting such qualified personnel as may be necessary for the
District of Columbia courts and for providing in-service training for
court personnel.</DELETED>
<DELETED> ``(b) Travel under Federal supply schedules is authorized
for the travel of court personnel on official business. The Joint
Committee shall prescribe such requirements, conditions, and
restrictions for such travel as it considers appropriate, and shall
include policies and procedures for preventing abuses of that travel
authority.''.</DELETED>
<DELETED> (b) The table of sections for subchapter II of chapter 17
of title 11, District of Columbia Official Code, is amended by amending
the item relating to section 11-1728 to read as follows:</DELETED>
<DELETED> ``11-1728. Recruitment and training of personnel;
travel.''.
<DELETED> Sec. 138. (a) Notwithstanding any other provision of this
Act, the amount of local funds made available under this Act for the
Office of the Inspector General shall be the amount provided in the
annual estimate of the Inspector General of the expenditures and
appropriations necessary for the operation of the Office for fiscal
year 2005, as prepared by the Inspector General and submitted to the
Mayor of the District of Columbia under section 208(a)(2)(A) of the
District of Columbia Procurement Practices Act of 1985 (sec. 2-
302.08(a)(2)(A), D.C. Official Code).</DELETED>
<DELETED> (b) The Chief Financial Officer of the District of
Columbia shall take such steps as are necessary to carry out this
section.</DELETED>
<DELETED> This Act may be cited as the ``District of Columbia
Appropriations Act, 2005''.</DELETED>
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the District of Columbia and
related agencies for the fiscal year ending September 30, 2005, and for
other purposes, namely:
TITLE I--FEDERAL FUNDS
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,
$21,200,000, 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 therefor: Provided
further, That not more than 7 percent 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, $15,000,000, 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 notice of its proposed use has been
transmitted by the President to Congress and such amount has been
apportioned pursuant to chapter 15 of title 31, United States Code.
Federal Payment to the District of Columbia Courts
For salaries and expenses for the District of Columbia Courts,
$195,010,000, to be allocated as follows: for the District of Columbia
Court of Appeals, $8,952,000, of which not to exceed $1,500 is for
official reception and representation expenses; for the District of
Columbia Superior Court, $84,948,000, of which not to exceed $1,500 is
for official reception and representation expenses; for the District of
Columbia Court System, $40,699,000, of which not to exceed $1,500 is
for official reception and representation expenses; and $60,411,000, to
remain available until September 30, 2005, for capital improvements for
District of Columbia courthouse facilities: Provided, 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, 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 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), said services to
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 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 Columbia Courts may reallocate not more than
$1,000,000 of the funds provided under this heading among the items and
entities funded under such 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/or 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),
$34,500,000, 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 $53,011,000 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 shall use funds provided in this Act under the
heading ``Federal Payment to the District of Columbia Courts'' (other
than the $53,011,000 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), said services to 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 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, $182,490,000, of which not to
exceed $2,000 is for official reception 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 $113,343,000 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 $39,314,000 shall be available to the
Pretrial Services Agency; and of which $29,833,000 shall be transferred
to the Public Defender Service for the District of Columbia: Provided,
That $1,100,000 shall be to lower supervision caseload ratios to 25:1
for special population offenders: Provided further, That $200,000 shall
be to expand monitoring of offenders using global position system
technology: 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: Provided further, That notwithstanding chapter
12 of title 40, United States Code, the Director may acquire by
purchase, lease, condemnation, or donation, and renovate as necessary,
Building Number 17, 1900 Massachusetts Avenue, Southeast, Washington,
District of Columbia to house or supervise offenders and defendants,
with funds made available for this purpose in Public Law 107-96:
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 D.C. Government for space and services provided
on a cost reimbursement basis: Provided further, That the Public
Defender Service is authorized to charge fees to cover cost of
materials distributed to attendees of educational events, including
conferences, sponsored by the Public Defender Service, and
notwithstanding 31 U.S.C. 3302, said fees shall be credited to the
Public Defender Service account to be available for use without further
appropriation.
Federal Payment to the District of Columbia Water and Sewer Authority
For a Federal payment to the District of Columbia Water and Sewer
Authority, $10,000,000, 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 match for this payment.
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,
2006, 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 the Unified Communications Center
For a Federal payment to the District of Columbia, $7,000,000, to
remain available until expended, shall be for the Unified
Communications Center.
Federal Payment for Transportation Assistance
For a Federal payment to the District of Columbia Department of
Transportation, $5,000,000, of which $1,000,000 shall be allocated to
implement a downtown circulator transit system, and of which $4,000,000
shall be to offset a portion of the District of Columbia's allocated
operating subsidy payment to the Washington Metropolitan Area Transit
Authority.
Federal Payment for Foster Care Improvements in the District of
Columbia
For a Federal payment to the District of Columbia for foster care
improvements, $5,000,000, to remain available until expended: Provided,
That $3,250,000 shall be for the Child and Family Services Agency, of
which $2,000,000 shall be for the early intervention program to provide
intensive and immediate services for foster children; of which $750,000
shall be for the emergency support fund to purchase services or
technology necessary to allow children to remain in the care of an
approved and licensed family member; of which $500,000 shall be for
technology upgrades: Provided further, That $1,250,000 shall be for the
Department of Mental Health to provide all court-ordered or agency-
required mental health screenings, assessments and treatments for
children under the supervision of the Child and Family Services Agency:
Provided further, That $500,000 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 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, $32,500,000: Provided, That these funds
shall be available for the projects and in the amounts specified in the
statement of the managers on the conference report accompanying this
Act: Provided further, That each entity that receives funding under
this heading shall submit to the Office of the Chief Financial Officer
of the District of Columbia and the Committees on Appropriations of the
House of Representatives and Senate a report on the activities to be
carried out with such funds no later than March 15, 2005.
Federal Payment for School Improvement
For a Federal payment for a School Improvement Program in the
District of Columbia, $40,000,000, 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, $13,000,000 to expand
quality public charter schools in the District of Columbia; for the
Secretary of the Department of Education, $14,000,000 to provide
opportunity scholarships for students in the District of Columbia in
accordance with Public Law 108-199, of which up to $1,000,000 may be
used to administer and fund assessments: Provided, That of the
$13,000,000 for the District of Columbia Public Schools, $5,000,000
shall be for a new incentive fund to reward high performing or
significantly improved public schools; $5,000,000 shall be to support
the Transformation School Initiative directed to schools in need of
improvement: Provided further, That of the remaining amounts, the
Superintendent of the District of Columbia Public Schools shall use
such sums as necessary to contract for management consulting services
and implement recommended reforms: Provided further, That the
Comptroller General shall conduct a financial audit of the District of
Columbia Public Schools: Provided further, That of the $13,000,000
provided for public charter schools in the District of Columbia,
$4,000,000 shall be for the City Build Initiative to create
neighborhood-based charter schools; $2,750,000 shall be for the Direct
Loan Fund for Charter Schools; $150,000 shall be for administrative
expenses of the Office of Charter School Financing and Support to
expand outreach and support of charter schools; $100,000 shall be for
the D.C. Public Charter School Association to enhance the quality of
charter schools; $4,000,000 shall be for the development of an
incubator facility for public charter schools; and $2,000,000 shall be
for a new incentive fund to reward high performing or significantly
improved public charter schools: Provided further, That the District of
Columbia government shall establish a dedicated account for the Office
of Charter School Financing and Support (the Office) that shall consist
of the Federal funds appropriated in this Act, any subsequent
appropriations, any unobligated balances from prior fiscal years, any
additional grants, and any interest and principal derived from loans
made to Charter Schools, and repayment of dollars utilized to support
credit enhancement 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 Credit Enhancement Program, Direct Loan
Fund Grant Program, and any other charter school financing under the
management of the Office: Provided further, That in this and subsequent
fiscal years the Office of the Chief Financial Officer shall conduct an
annual audit of the funds expended by the Office and provide an annual
financial report to the Mayor, the Council of the District of Columbia,
the Office of the District of Columbia Treasurer and the Committees on
Appropriations of the House of Representatives and Senate for these
funds showing, by object class, the expenditures made and the purpose
therefor: Provided further, That not more than $1,000,000 of the total
amount appropriated for this program may be used for administrative
expenses and training expenses related to the cost of the National
Charter School Conference(s) to be hosted by December 2006; and no more
than 5 percent of the funds appropriated for the direct loan fund may
be used for administrative expenses related to the administration and
annual audit of the direct loan, grant, and credit enhancement
programs.
Federal Payment for Bioterrorism and Forensics Laboratory
For a Federal payment to the District of Columbia, $8,000,000, to
remain available until September 30, 2006, for design, planning, and
procurement costs associated with the construction of a bioterrorism
and forensics laboratory: Provided, That the District of Columbia shall
provide an additional $2,300,000 with local funds as a condition of
receiving this payment.
TITLE II--DISTRICT OF COLUMBIA FUNDS
OPERATING EXPENSES
Division 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 (D.C. Official
Code, sec. 1-204.50a) and the provisions of this Act, the total amount
appropriated in this Act for operating expenses for the District of
Columbia for fiscal year 2005 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 $7,206,164,000 (of which $4,215,088,000 shall be
from local funds, $1,762,046,000 shall be from Federal funds,
$1,214,843,000 shall be from other funds, and $14,817,000 shall be from
private funds), and an intra-district amount of $435,054,000, in
addition, $186,900,000 from funds previously appropriated in this Act
as Federal payments: 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 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 2005, 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.
Governmental Direction and Support
Governmental direction and support, $416,069,000 (including
$261,068,000 from local funds, $100,256,000 from Federal funds, and
$54,745,000 from other funds), in addition, $32,500,000 from funds
previously appropriated in this Act under the heading ``Federal Payment
to the Office of the Chief Financial Officer of the District of
Columbia'', $15,000,000 from funds previously appropriated in this Act
under the heading ``Federal Payment for Emergency Planning and Security
Costs in the District of Columbia'', and $5,000,000 from funds
previously appropriated in this Act under the heading ``Federal Payment
for Foster Care Improvements in the District of Columbia'': Provided,
That not to exceed $9,300 for the Mayor, $9,300 for the Chairman of the
Council of the District of Columbia, $9,300 for the City Administrator,
and $9,300 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 notwithstanding any other provision of law, or Mayor's Order 86-
45, issued March 18, 1986, the Office of the Chief Technology Officer's
delegated small purchase authority shall be $500,000: Provided further,
That the District of Columbia government may not require the Office of
the Chief Technology Officer to submit to any other procurement review
process, or to obtain the approval of or be restricted in any manner by
any official or employee of the District of Columbia government, for
purchases that do not exceed $500,000.
Economic Development and Regulation
Economic development and regulation, $334,745,000 (including
$55,764,000 from local funds, $93,050,000 from Federal funds,
$185,806,000 from other funds, and $125,000 from private funds), of
which $13,000,000 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 (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
local funds in the amount of $1,200,000 shall be appropriated for the
Excel Institute.
Public Safety and Justice
Public safety and justice, $798,723,000 (including $760,849,000
from local funds, $7,899,000 from Federal funds, $29,966,000 from other
funds, and $9,000 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'': Provided, That
not to exceed $500,000 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.
Public Education System
(including transfers of funds)
Public education system, including the development of national
defense education programs, $1,266,424,000 (including $1,058,709,000
from local funds, $194,979,000 from Federal funds, $8,957,000 from
other funds, $3,780,000 from private funds to be allocated as follows:
(1) District of columbia public schools.--$901,944,000
(including $760,494,000 from local funds, $130,450,000 from
Federal funds, $7,330,000 from other funds, $3,670,000 from
private funds, and not to exceed $6,816,000, to remain
available until expended, from the Medicaid and Special
Education Reform Fund established pursuant to the Medicaid and
Special Education Reform Fund Establishment Act of 2002 (D.C.
Law 14-190; D.C. Official Code 4-204.51 et seq.)), and
$14,000,000 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 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 2005 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 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, 2005, an amount equal to 10 percent of the
total amount of the local funds provided for the District of
Columbia Public Schools in the proposed budget of the District
of Columbia for fiscal year 2005 (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,
2005: Provided further, That not to exceed $9,300 for the
Superintendent of Schools shall be available from this
appropriation for official reception and representation
expenses.
(2) Teachers' retirement fund.--$9,200,000 from local funds
shall be available for the Teachers' Retirement Fund.
(3) State education office.--$73,104,000 (including
$10,015,000 from local funds, $62,914,000 from Federal funds,
and $176,000 from other funds), in addition, $26,500,000 from
funds previously appropriated in this Act under the heading
``Federal Payment for Resident Tuition Support'' and
$14,000,000 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, $500,000 from local funds shall remain
available until June 30, 2006 for an audit of the student
enrollment of each District of Columbia Public School and of
each District of Columbia public charter school.
(4) District of columbia public charter schools.--
$196,802,000 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 as follows: (A) the first $3,000,000
shall be deposited in the Credit Enhancement Revolving Fund
established pursuant to section 603(e) of the Student Loan
Marketing Association Reorganization Act of 1996 (Public Law
104-208; 110 Stat. 3009; 20 U.S.C. 1155(e)); and (B) the
balance shall be for public education in accordance with
section 2403(b)(2) of the District of Columbia School Reform
Act of 1995 (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, $25,000 shall be
made available to the Office of the Chief Financial Officer as
authorized by section 2403(b)(6) of the District of Columbia
School Reform Act of 1995 (D.C. Official Code, sec. 38-
1804.03(b)(6)): Provided further, That $660,000 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, 2005, 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 2005 (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, 2005: Provided
further, That notwithstanding any other provision of law, of
the funds appropriated herein for the District of Columbia
Public Charter Schools, the Chief Financial Officer of the
District of Columbia, in coordination with the District of
Columbia Chartering Authorities for the District of Columbia
Public Charter Schools, shall establish requirements, policies
and procedures for the performance of a single financial audit,
to be performed by one auditing firm selected by the Chief
Financial Officer of the District of Columbia: Provided
further, That beginning in fiscal year 2005, the District of
Columbia Chartering Authorities for the District of Columbia
Public Charter Schools shall implement and follow these
requirements (including, but not limited to, the terms and
conditions), policies and procedures to ensure the completion
of the annual financial single audit of all District of
Columbia Public Charter Schools conducted in accordance
herewith.
(5) University of the district of columbia subsidy.--
$49,602,000 from local funds shall be available for the
University of the District of Columbia: 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, 2005, 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, 2005, 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 2005 (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,
2005: Provided further, That not to exceed $9,300 for the
President of the University of the District of Columbia shall
be available from this appropriation for official reception and
representation expenses.
(6) District of columbia public libraries.--$30,831,000
(including $28,978,000 from local funds, $1,093,000 from
Federal funds, and $651,000 from other funds) shall be
available for the District of Columbia Public Libraries:
Provided, That not to exceed $7,500 for the Public Librarian
shall be available from this appropriation for official
reception and representation expenses.
(7) Commission on the arts and humanities.--$4,941,000
(including $3,618,000 from local funds, $523,000 from Federal
funds, and $800,000 from other funds) shall be available for
the Commission on the Arts and Humanities.
Human Support Services
(including transfer of funds)
Human support services, $2,533,825,000 (including $1,165,314,000
from local funds, $1,331,670,000 from Federal funds, $27,441,000 from
other funds, $9,400,000 from private funds, in addition, $5,000,000
from funds previously appropriated in this Act under the heading
``Federal Payment to Foster Care Improvements in the District of
Columbia'': Provided, That $29,600,000 of this appropriation, to remain
available until expended, shall be available solely for District of
Columbia employees' disability compensation: Provided further, That no
less than $8,498,720, to remain available until expended, shall be
deposited in the Addiction Recovery Fund, established pursuant to
section 5 of the Choice in Drug Treatment Act of 2000 (D.C. Law 13-146;
D.C. Official Code, sec. 7-3004) and used exclusively for the purpose
of the Choice in Drug Treatment program, established pursuant to
section 4 of the Choice in Drug Treatment Act of 2000 (D.C. Law 13-146;
D.C. Official Code, sec. 7-3003), of which $7,500,000 shall be provided
from local funds: Provided further, That none of the $8,498,720 for the
Choice in Drug Treatment program shall be used by the Department of
Health's Addiction Prevention and Recovery Administration to provide
youth residential treatment services or youth outpatient treatment
services: Provided further, That no less than $2,000,000 shall be
available to the Department of Health's Addiction Prevention and
Recovery Administration exclusively for the purpose of providing youth
residential treatment services: Provided further, That no less than
$1,575,416 shall be available to the Department of Health's Addiction
Prevention and Recovery Administration exclusively for the purpose of
providing youth outpatient treatment services, of which $750,000 shall
be made available exclusively to provide intensive outpatient treatment
slots, outpatient treatment slots, and other program costs for youth in
the care of the Youth Services Administration: Provided further, That
no less than $1,400,000 shall be used by the Department of Health's
Addiction Prevention and Recovery Administration to fund a Child and
Family Services Agency pilot project entitled Family Treatment Court:
Provided further, That $1,200,000 of local funds, to remain available
until expended, shall be deposited in the Adoption Voucher Fund,
established pursuant to section 3805(a) of the Adoption Voucher Fund
Act of 2000, effective October 19, 2000 (D.C. Law 13-172; D.C. Official
Code, sec. 4-344(a)), to be used exclusively for the purposes set forth
in section 3805(b) of the Adoption Voucher Fund Act (D.C. Official
Code, sec. 4-344(b)): Provided further, That no less than $300,000
shall be used by the Department of Health's Environmental Health
Administration to operate the Total Maximum Daily Load program:
Provided further, That no less than $1,268,500 shall be used by the
Department of Health's Environmental Health Administration to operate
its air quality programs, of which no less than $242,000 shall be used
to fund 4 full-time air quality employees: Provided further, That the
Department of Human Services, Youth Services Administration shall not
expend any appropriated fiscal year 2005 funds until the Mayor has
submitted to the Council by September 30, 2004 a plan, including time
lines, to close the Oak Hill Youth Center at the earliest feasible
date. All of the above proviso amounts in this heading relate back to
and are a subset of the first-referenced appropriation amount of
$2,533,825,000.
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, $331,936,000 (including $312,035,000 from local
funds, $4,000,000 from Federal funds, and $15,901,000 from other
funds), in addition, $5,000,000 from funds previously appropriated in
this Act under the heading ``Federal Payment for Transportation
Assistance'': Provided, That this appropriation shall not be available
for collecting ashes or miscellaneous refuse from hotels and places of
business.
Cash Reserve
For the cumulative cash reserve established pursuant to section
202(j)(2) of the District of Columbia Financial Responsibility and
Management Assistance Act of 1995 (D.C. Official Code, sec. 47-
392.02(j)(2)), $50,000,000 from local funds.
Emergency and Contingency Reserve Funds
For the emergency reserve fund and the contingency reserve fund
under section 450A of the District of Columbia Home Rule Act (D.C.
Official Code, sec. 1-204.50a), such additional amounts from the
District's general fund balance as are necessary to meet the balance
requirements for funds under section 450A.
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), $347,700,000 from local funds.
Payment of Interest on Short-Term Borrowing
For payment of interest on short-term borrowing, $4,000,000 from
local funds.
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, $11,252,000 from local funds.
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, $20,270,000 from local funds: Provided, That this
appropriation shall not be construed as modifying or affecting the
provisions of section 103 of this Act.
Wilson Building
For expenses associated with the John A. Wilson building,
$3,633,000 from local funds.
Workforce Investments
For workforce investments, $38,114,000 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: Provided, That of this amount $3,548,000 shall remain
available until expended to meet the requirements of the Compensation
Agreement Between the District of Columbia Government Units 1 and 2
Approval Resolution of 2004, effective February 17, 2004 (Res. 15-459;
51 DCR 2325).
Non-Departmental Agency
To account for anticipated costs that cannot be allocated to
specific agencies during the development of the proposed budget,
$13,946,000 (including $4,000,000 from local funds and $9,946,000 from
other funds) to be transferred by the Mayor of the District of Columbia
within the various appropriations headings in this Act: Provided, That
$4,000,000 from local funds shall be for anticipated costs associated
with the No Child Left Behind Act.
Pay-As-You-Go Capital
For Pay-As-You-Go Capital funds in lieu of capital financing,
$6,531,000 from local funds, to be transferred to the Capital Fund,
subject to the Criteria for Spending Pay-as-You-Go Funding Amendment
Act of 2003 (D.C. Act 15-106): Provided, That pursuant to this Act,
there are authorized to be transferred from Pay-As-You-Go Capital funds
to other headings of this Act, such sums as may be necessary to carry
out the purposes of this Act.
Emergency Planning and Security Fund
For Emergency Planning and Security Fund, $15,000,000 from funds
previously appropriated in this Act under the heading ``Federal Payment
for Planning and Security Costs in the District of Columbia''.
Old Convention Center Demolition Reserve
For the Old Convention Center Demolition Reserve, such amounts as
may be necessary, not to exceed $11,000,000, from the District's
general fund balance.
Tax Increment Financing Program
For a Tax Increment Financing Program, such amounts as are
necessary to meet the Tax Increment Financing requirements, not to
exceed $9,710,000 from the District's general fund balance.
Pay-As-You-Go Contingency
For Pay-As-You-Go Contingency Fund, $43,137,000, subject to the
Criteria for Spending Pay-as-You-Go Funding Act of 2004, approved by
the Council of the District of Columbia on 1st reading, May 14, 2004
(Title I of Bill 15-768), there are authorized to be transferred from
the contingency fund to certain other headings of this Act as necessary
to carry out the purposes of this Act. Expenditures from the Pay-As-
You-Go Contingency Fund shall be subject to the approval of the Council
by resolution.
Revised Revenue Estimate Contingency Priority
If the Chief Financial Officer for the District of Columbia
certifies through a revised revenue estimate that funds are available
from local funds, such available funds shall be expended as provided in
the Contingency for Recordation and Transfer Tax Reduction and the
Office of Property Management and Library Expenditures Act of 2004,
approved by the Council of the District of Columbia on 1st reading, May
14, 2004 (Bill 15-768), including up to $2,000,000 to the Office of
Property Management, up to $1,200,000 to the District of Columbia
Public Library, up to $256,000 to the D.C. Police and Firefighters
Retirement and Relief Board, and $132,600 for the Police and Fire
Clinic.
ENTERPRISE AND OTHER FUNDS
Water and Sewer Authority
For operation of the Water and Sewer Authority, $287,206,000 from
other funds, of which $15,180,402 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, $371,040,000, to be distributed as
follows: $181,656,000 for the Blue Plains Wastewater Treatment Plant,
$43,800,000 for the sewer program, $9,118,000 for the stormwater
program, $122,627,000 for the water program, and $13,839,000 for the
capital equipment program; in addition, $10,000,000 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, $47,972,000 from other
funds.
Stormwater Permit Compliance Enterprise Fund
For operation of the Stormwater Permit Compliance Enterprise Fund,
$3,792,000 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, 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.), $247,000,000 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, 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, $7,322,000 from other
funds: Provided, That the paragraph under the heading ``Sports and
Entertainment Commission'' in Public Law 108-199 (118 Stat. 125) is
amended by striking the term ``local funds'' and inserting the term
``other funds'' in its place.
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), $15,277,000 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, $77,176,000
from other funds.
National Capital Revitalization Corporation
For the National Capital Revitalization Corporation, $7,850,000
from other funds.
University of the District of Columbia
For the University of the District of Columbia, $85,102,000
(including, $49,602,000 from local funds previously appropriated in
this Act under the heading ``Public Education Systems'', $15,192,000
from Federal funds, $19,434,000 from other funds, and $873,000 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, 2005, 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.
Unemployment Compensation Fund
For the Unemployment Compensation Fund, $180,000,000 from other
funds.
District of Columbia Personnel Trust Fund
For the District of Columbia Personnel Trust Fund, $953,000 from
other funds.
District of Columbia Public Library Trust Fund
For the District of Columbia Public Library Trust Fund, $17,000
from other funds: Provided, That $7,000 shall be for the Theodore W.
Noyes Trust Fund: Provided further, That $10,000 shall be for the
Peabody Trust Fund.
Capital Outlay
(including rescissions)
For construction projects, an increase of $1,087,649,000, of which
$839,897,000 shall be from local funds, $38,542,000 from Highway Trust
funds, $37,000,000 from the Rights-of-way funds, $172,209,000 from
Federal funds, and a rescission of $367,763,000 from local funds
appropriated under this heading in prior fiscal years, for a net amount
of $725,886,000, to remain available until expended; in addition,
$7,000,000 from funds previously appropriated in this Act under the
heading ``Federal Payment for the Unified Communications Center'' and
$3,000,000 from funds previously appropriated in this Act under the
heading ``Federal Payment for the Anacostia Waterfront Initiative'':
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 the Office of the Chief Technology
Officer of the District of Columbia shall implement the following
information technology projects 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).
TITLE III--GENERAL PROVISIONS
Sec. 301. 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. 302. 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: Provided, That 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. 303. 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. 304. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly to provided herein.
Sec. 305. None of the funds appropriated in this Act shall be made
available to pay the salary of any employee of the District of Columbia
government whose name, title, grade, and salary are not available for
inspection by the Committees on Appropriations of the House of
Representatives and Senate, the Committee on Government Reform of the
House of Representatives, the Committee on Governmental Affairs of the
Senate, and the Council of the District of Columbia, or their duly
authorized representative.
Sec. 306. None of the Federal funds provided in this Act may 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.
Sec. 307. (a) None of the Federal funds provided in this Act may be
used to carry out lobbying activities on any matter.
(b) Nothing in this section may be construed to prohibit any
elected official from advocating with respect to any issue.
Sec. 308. (a) None of the funds provided under this Act to the
agencies funded by this Act, both Federal and District government
agencies, that remain available for obligation or expenditure in fiscal
year 2005, 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 Act, 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 $1,000,000 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 the
Committee on Appropriations of the House of Representatives and
Senate are notified in writing 15 days in advance of the
reprogramming.
(b) None of 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 $1,000,000 from 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, except that in no event may the amount of any funds
transferred exceed 4 percent of the local funds in the appropriations.
Sec. 309. 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. 310. 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, sec. 1-
601.01 et seq.), enacted pursuant to section 422(3) of the District of
Columbia Home Rule Act (D.C. Official Code, sec. 1-204l.22(3)), shall
apply with respect to the compensation of District of Columbia
employees: Provided, That for pay purposes, employees of the District
of Columbia government shall not be subject to the provisions of title
5, United States Code.
Sec. 311. No later than 30 days after the end of the first quarter
of fiscal year 2005, 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 2005 revenue estimates as of the end of such quarter. These
estimates shall be used in the budget request for fiscal year 2005. The
officially revised estimates at midyear shall be used for the midyear
report.
Sec. 312. 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, sec. 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. 313. 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, sec. 1-123).
Sec. 314. None of the 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. 315. 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, sec. 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. 316. (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)(1) No such Federal, private, or other grant may be accepted,
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 acceptance,
obligation, and expenditure of such grant.
(2) For purposes of paragraph (1)(B), the Council shall be deemed
to have reviewed and approved the acceptance, 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
(1)(A); or
(B) if such a notice of disapproval is filed within such
deadline, the Council does not by resolution disapprove the
acceptance, obligation, or expenditure of the grant within 30
calendar days of the initial receipt of the report from the
Chief Financial Officer under paragraph (1)(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
Act, 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 not later than 15 days after the end of the
quarter covered by the report.
Sec. 317. (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--
(1) 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) 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) the Mayor of the District of Columbia; and
(4) 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, 2005, an inventory, as of September 30, 2004, 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. 318. 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 2005 unless--
(1) 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, sec. 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. 319. (a) None of the Federal funds contained in this Act may
be used by 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 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. 320. (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. 321. 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. The Chief Financial Officer of the District of Columbia
shall provide to the Committees on Appropriations of the House of
Representatives and Senate by the 10th day after the end of each
quarter a summary list showing each report, the due date, and the date
submitted to the Committees.
Sec. 322. (a) None of the 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. 323. Nothing in this Act may be construed to prevent the
Council or 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. 324. 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. 325. (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 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 Home Rule Act (D.C. Official Code, sec. 1-
204.42), for all agencies of the District of Columbia government for
fiscal year 2004 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) Applicability.--This provision 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. 326. None of the funds contained in this Act may be used to
issue, administer, or enforce any order by the District of Columbia
Commission on Human Rights relating to docket numbers 93-030-(PA) and
93-031-(PA).
Sec. 327. Notwithstanding any other law, the District of Columbia
Courts shall transfer to the general treasury of the District of
Columbia all fines levied and collected by the Courts under section
10(b)(1) and (2) of the District of Columbia Traffic Act (D.C. Official
Code, sec. 50-2201.05(b)(1) and (2)). The transferred funds shall
remain available until expended and shall be used by the Office of the
Corporation Counsel for enforcement and prosecution of District traffic
alcohol laws in accordance with section 10(b)(3) of the District of
Columbia Traffic Act (D.C. Official Code, sec. 50-2201.05(b)(3)).
Sec. 328. 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, including an
administrative proceeding, 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.
Sec. 329. The Chief Financial Officer of the District of Columbia
shall require attorneys in special education cases brought under the
Individuals with Disabilities 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: Provided,
That 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: Provided further, That 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: Provided further, That the
Inspector General of the District of Columbia may conduct
investigations to determine the accuracy of the certifications.
Sec. 330. Section 401(a) and (b) of Chapter 4 of Public Law 106-554
is hereby amended by striking paragraph (5).
Sec. 331. Sections 11-1701(b)(5), 11-1704(b), 11-1723(b), 11-
2102(a)(2), and the second and third sentences of Section 11-1724, of
the District of Columbia Official Code, are hereby repealed.
Sec. 332. Section 11-1728 of the District of Columbia Official
Code, is amended to read as follows:
``SEC. 11-1728. RECRUITMENT AND TRAINING OF PERSONNEL AND TRAVEL.
``(a) The Executive Officer shall be responsible for recruiting
such qualified personnel as may be necessary for the District of
Columbia Courts and for providing in-service training for court
personnel.
``(b) Travel under Federal supply schedules is authorized for the
travel of court personnel on official business. The joint committee
shall prescribe such requirements, conditions and restrictions for such
travel as it considers appropriate, and shall include policies and
procedures for preventing abuses of that travel authority.''.
Sec. 333. Section 450A of the District of Columbia Home Rule Act,
approved December 24, 1973 (87 Stat. 803; D.C. Official Code, sec. 1-
204.50a), is amended as follows:
(1) Subsection (a) is amended as follows:
(A) Paragraph (1) is amended to read as follows:
``(1) In general.--There is established an emergency cash
reserve fund (`emergency reserve fund') as an interest-bearing
account (separate from other accounts in the General Fund) into
which the Mayor shall make a deposit in cash not later than
October 1 of each fiscal year of such an amount as may be
required to maintain a balance in the fund of at least 2
percent of the operating expenditures as defined in paragraph
(2) of this subsection or such amount as may be required for
deposit in a fiscal year in which the District is replenishing
the emergency reserve fund pursuant to subsection (a)(7).''.
(B) Paragraph (2) is amended to read as follows:
``(2) In general.--For the purpose of this subsection,
operating expenditures is defined as the amount reported in the
District of Columbia's Comprehensive Annual Financial Report
for the fiscal year immediately preceding the current fiscal
year as the actual operating expenditure from local funds, less
such amounts that are attributed to debt service payments for
which a separate reserve fund is already established under this
Act.''.
(C) Paragraph (7) is amended to read as follows:
``(7) Replenishment.--The District of Columbia shall
appropriate sufficient funds each fiscal year in the budget
process to replenish any amounts allocated from the emergency
reserve fund during the preceding fiscal years so that not less
than 50 percent of any amount allocated in the preceding fiscal
year or the amount necessary to restore the emergency reserve
fund to the 2 percent required balance, whichever is less, is
replenished by the end of the first fiscal year following each
such allocation and 100 percent of the amount allocated or the
amount necessary to restore the emergency reserve fund to the 2
percent required balance, whichever is less, is replenished by
the end of the second fiscal year following each such
allocation.''.
(2) Subsection (b) is amended as follows:
(A) Paragraph (1) is amended to read as follows:
``(1) In general.--There is established a contingency cash
reserve fund (`contingency reserve fund') as an interest-
bearing account, separate from other accounts in the General
Fund, into which the Mayor shall make a deposit in cash not
later than October 1 of each fiscal year of such amount as may
be required to maintain a balance in the fund of at least 4
percent of the operating expenditures as defined in paragraph
(2) of this subsection or such amount as may be required for
deposit in a fiscal year in which the District is replenishing
the emergency reserve fund pursuant to subsection (b)(6).''.
(B) Paragraph (2) is amended to read as follows:
``(2) In general.--For the purpose of this subsection,
operating expenditures is defined as the amount reported in the
District of Columbia's Comprehensive Annual Financial Report
for the fiscal year immediately preceding the current fiscal
year as the actual operating expenditure from local funds, less
such amounts that are attributed to debt service payments for
which a separate reserve fund is already established under this
Act.''.
(C) Paragraph (6) is amended to read as follows:
``(6) Replenishment.--The District of Columbia shall
appropriate sufficient funds each fiscal year in the budget
process to replenish any amounts allocated from the contingency
reserve fund during the preceding fiscal years so that not less
than 50 percent of any amount allocated in the preceding fiscal
year or the amount necessary to restore the contingency reserve
fund to the 4 percent required balance, whichever is less, is
replenished by the end of the first fiscal year following each
such allocation and 100 percent of the amount allocated or the
amount necessary to restore the contingency reserve fund to the
4 percent required balance, whichever is less, is replenished
by the end of the second fiscal year following each such
allocation.''.
Sec. 334. For fiscal year 2005, the Chief Financial Officer shall
re-calculate the emergency and contingency cash reserve funds amount
established by Section 450A of the District of Columbia Home Rule Act,
approved December 24, 1973 (87 Stat. 803; D.C. Official Code, sec. 1-
204.50a), as amended by this Act and is authorized to transfer funds
between the emergency and contingency cash reserve funds to reach the
required percentages: Provided, That for fiscal year 2005, the Chief
Financial Officer may transfer funds from the emergency and contingency
cash reserve funds to the general fund of the District of Columbia to
the extent that such funds are not necessary to meet the requirements
established for each fund: Provided further, That the Chief Financial
Officer may not transfer funds from the emergency or the contingency
reserve funds to the extent that such a transfer would lower the fiscal
year 2005 total percentage below 7 percent of operating expenditures,
as amended by this Act.
Sec. 335. Section 6 of the Policemen and Firemen's Retirement and
Disability Act, approved August 21, 1957 (Public Law 85-157; 71 Stat.
399; D.C. Official Code Sec. 5-732) is amended by striking the phrase
``of this chapter, to the extent that such benefit payments exceed the
deductions from the salaries of federal employees for credit to the
revenues of the District of Columbia.'' and inserting the phrase ``of
this chapter and to reimburse the District of Columbia for the
administrative costs associated with making such benefit payments for
credit to the revenues of the District of Columbia: Provided, That
benefit payment reimbursement shall only be to the extent that such
benefit payments exceed the deductions from the salaries of federal
employees.'' in its place.
Sec. 336. Notwithstanding any other provision of this Act, there
is hereby appropriated for the Office of the Inspector General such
amounts in local funds, as are consistent with the annual estimates for
the expenditures and appropriations necessary for the operation of the
Office of the Inspector General as prepared by the Inspector General
and submitted to the Mayor and forwarded to the Council pursuant to
D.C. Official Code 2-302.08(a)(2)(A) for fiscal year 2005: Provided,
That the Office of the Chief Financial Officer shall take such steps as
are necessary to implement the provisions of this subsection.
Sec. 337. The authority which the Chief Financial Officer of the
District of Columbia exercised with respect to personnel, procurement,
and the preparation of fiscal impact statements during a control period
(as defined in Public Law 104-8) shall remain in effect through
September 30, 2005.
Sec. 338. The paragraph under the heading ``Federal Payment for
Incentives for Adoption of Children'' in Public Law 106-113, approved
November 29, 1999 (113 Stat. 1501), is amended to add the following
proviso: ``: Provided further, That the funds provided under this
heading for the establishment of a scholarship fund for District of
Columbia children of adoptive families, and District of Columbia
children without parents due to the September 11, 2001 terrorist attack
to be used for post high school education and training, once obligated
by the District to establish the scholarship fund, shall remain
obligated and be retained by the District for 25 years from the date of
obligation to allow for any individual who is within the class of
persons to be assisted by this provision to reach post high school and
to present expenditures to be extinguished by the fund''.
Sec. 339. Authority of OPCSFS. (a) Section 161(3)(E)(i) of Public
Law 106-522 shall be amended to include a new section known as
(E)(i)(IV) to establish regulations for administering lease guarantees
through the credit enhancement fund to public charter schools in the
District of Columbia.
(b) The first sentence of section 143 of the District of Columbia
Appropriations Act of 2003 (Public Law 108-7, 117 STAT. 130) approved
April 20, 2003 is amended by striking the phrase, ``under the authority
of the Department of Banking and Financial Institutions'' and inserting
``under the authority of the Mayor'' in its place.
Sec. 340. Process for Filing Charter Petitions. D.C. Code Sec. 38-
1802.01 is amended by adding a new section (e) as follows--
``(e) A petition to establish a public charter school in the
District of Columbia, or to convert a District of Columbia public
school or an existing private or independent school, is a public
document.''.
Sec. 341. Amendments to Charter School Law. (a) Process for Filing
Charter Petitions.--Section 2201 of the District of Columbia School
Reform Act of 1995 (D.C. Code 38-1802.01) is amended--
(1) in subsection (a)(3)(B), by striking ``two-thirds'' and
inserting ``51 percent''; and
(2) in subsection (b)(3)(B), by striking ``two-thirds'' and
inserting ``51 percent''.
(b) Employees.--Section 2207 of the District of Columbia School
Reform Act of 1995 (D.C. Code 38-1802.07) is amended by adding at the
end the following:
``(d) Teachers Remaining at Converted Public Charter Schools.--A
teacher employed at a District of Columbia public school that converts
to a public charter school under section 2201 shall have the option of
remaining at the charter school during the school's first year of
operation after receiving an extended leave of absence under subsection
(a)(1). After this 1-year period, the teacher may continue to be
employed at the public charter school, at the sole discretion of the
public charter school, or shall maintain current status within the
District of Columbia public school system.''.
(c) Public School Services to Public Charter Schools.--Section
2209(b) of the District of Columbia School Reform Act of 1995 (D.C.
Code 38-1802.09(b)) is amended--
(1) in paragraph (1)--
(A) by amending subparagraph (A) to read as
follows:
``(A) In general.--Notwithstanding any other
provision of law, regulation, or order relating to the
disposition of a facility or property described in
subparagraph (B), or to the disposition of any property
of the District of Columbia, the Mayor and the District
of Columbia government shall give a right of first
offer, which right shall be annually reinstated with
respect to any facility or property not previously
disposed of, or under contract to be disposed of, to an
eligible applicant whose petition to establish a public
charter school has been conditionally approved under
section 2203(d)(2), or a Board of Trustees, with
respect to the purchase, lease, transfer, or use of a
facility or property described in subparagraph (B).'';
(B) by amending subparagraph (B)(iii) to read as
follows:
``(iii) With respect to which--
``(I) the Board of Education has
transferred jurisdiction to the Mayor
and over which the Mayor has
jurisdiction on the effective date of
this subclause; or
``(II) over which the Mayor or any
successor agency gains jurisdiction
after the effective date of this
subclause.''; and
(C) by adding at the end the following:
``(C) Terms of purchase or lease.--The terms of
purchase or lease of a facility or property described
in subparagraph (B) shall--
``(i) be negotiated by the Mayor;
``(ii) include rent or an acquisition
price, as applicable, that is at least 25
percent less than the appraised value of the
property (based on use of the property for
school purposes); and
``(iii) include a lease period, if the
property is to be leased, of not less than 25
years, and renewable for additional 25-year
periods as long as the eligible applicant or
Board of Trustees maintains its charter.''; and
(2) in paragraph (2)(A), by striking ``preference'' and
inserting ``a right to first offer''; and
(3) by adding at the end the following:
``(3) Conversion public charter schools.--Any District of
Columbia public school that was approved to become a conversion
public charter school under section 2201 before the effective
date of this subsection or is approved to become a conversion
public charter school after the effective date of this
subsection, shall have the right to exclusively occupy the
facilities the school occupied as a District of Columbia public
school under a lease for a period of not less than 25 years,
renewable for additional 25-year periods as long as the school
maintains its charter at the non-profit rate, or if there is no
non-profit rate, at 25 percent less than the fair market rate
for school use.''.
Sec. 342. Annual Report to Congress. Section 2211 of the School
Reform Act of 1995 (D.C. Code 38-1802.11) shall be amended by:
(1) adding the following new subparagraph at the end of
section 2211(a)(1):
``(D) Shall ensure that each public charter school
complies with the annual reporting requirement of
subsection 38-1802.04(b)(11) of this Act, including
submission of the audited financial statement required
by sub-subsection (B)(ix) of that section.''; and
(2) adding the following before the period at the end of
subparagraph (d): ``(10) details of major Board actions; (11)
major findings from school reviews of academic, financial, and
compliance with health and safety standards and resulting Board
action or recommendations; (12) details of the fifth year
review process and outcomes; (13) summary of annual financial
audits of all charter schools, including (a) the number of
schools that failed to timely submit the audited financial
statement required by that section; (b) the number of schools
whose audits revealed a failure to follow required accounting
practices or other material deficiencies; and (c) the steps
taken by the authority to ensure that deficiencies found by the
audits are rectified; (14) number of schools which have
required intervention by authorizing board to address any
academic or operational issue; (15) what recommendations an
authorizing board has made to correct identified
deficiencies''.
Sec. 343. Lease to District of Columbia. (a) Lease.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, subject to subsection (b), the Secretary
of the Interior (referred to in this section as the
``Secretary'') shall lease to the government of the District of
Columbia, without consideration, the property described in
paragraph (2).
(2) Property.--The property referred to in paragraph (1)
is--
(A) the National Park Service land in Anacostia
Park, the boundaries of which are the Anacostia River
to the west, Watts Branch to the south, Kenilworth
Aquatic Gardens to the north, and Anacostia Avenue to
the east (US Reservations 325 and 343, Section G); and
(B) the community center under the jurisdiction of
the District of Columbia known as the ``Kenilworth
Parkside Community Center''.
(b) Conditions of Lease.--
(1) Term.--The lease under subsection (a)(1) shall be for a
period of 50 years.
(2) Transfer of title.--The lease under subsection (a)(1)
shall be subject to such terms and conditions, to be included
in the lease, as are necessary to ensure that the property
leased under that subsection--
(A) may be subleased by the District of Columbia to
any public entity or private not-for-profit corporation
under a public process; and
(B) is used only for the provision of public
recreational facilities, open space, or public outdoor
recreational opportunities.
(C) Nothing in the Act precludes the District of
Columbia from entering into a sublease for all or part
of the property with a public not-for-profit entity for
the management or maintenance of the property.
(3) Termination.--
(A) In general.--The lease under subsection (a)(1)
shall terminate if--
(i) any term or condition of the lease
described in paragraph (2) is violated, as
determined by the Secretary; and
(ii) the violation is not corrected by the
date that is 90 days after the date on which
the Mayor of the District of Columbia receives
from the Secretary a written notice of the
violation.
(B) Determination of correction.--A violation of a
term or condition of the lease under subsection (a)(1)
shall be determined to have been corrected under
subparagraph (A)(ii) if, after notification of the
violation, the District of Columbia and the Secretary
enter into an agreement that the Secretary considers to
be adequate to ensure that the property leased will be
used in a manner consistent with paragraph (2).
(4) Prohibition of civil actions.--No person may bring a
civil action relating to a violation any term or condition of
the lease described in paragraph (2) before the date that is 90
days after the person notifies the Mayor of the District of
Columbia of the alleged violation (including the intent of the
person to bring a civil action for termination of the lease
under paragraph (3)).
(5) Removal of structures; rehabilitation.--The lease under
subsection (a)(1) shall be subject to the condition that, in
the event of a termination of the lease under paragraph (3),
the District of Columbia shall bear the cost of removing
structures on, or rehabilitating, the property leased.
(6) Administration of property.--If the lease under
subsection (a)(1) is terminated under paragraph (3), the
property covered by the lease shall be administered by the
Secretary as a unit of the National Park System in the District
of Columbia in accordance with--
(A) the Act of August 25, 1916 (commonly known as
the ``National Park Service Organic Act'') (16 U.S.C. 1
et seq.); and
(B) other laws (including regulations) generally
applicable to units of the National Park System.
Sec. 344. Biennial Evaluation of Charter School Authorizing Boards.
(a) Biennial management evaluation of the District of Columbia
Chartering Authorities for the District of Columbia Public Charter
Schools shall be conducted by the Comptroller General of the United
States.
(b) Evaluation shall include the following:
(1) Establish standards to assess each authorizer's
procedures and oversight quality;
(2) Identify gaps in oversight and recommendations;
(3) Review processes of charter school applications;
(4) Extent of ongoing monitoring, technical assistance, and
sanctions provided to schools;
(5) Compliance with annual reporting requirements;
(6) Actual budget expenditures for the preceding two fiscal
years;
(7) Comparison of budget expenditures with mandated
responsibilities;
(8) Alignment with best practices; and
(9) Quality and timeliness of meeting Section 2211(d) of
the School Reform Act of 1995 (D.C. Code 38-1802.11(d)), as
amended.
(c) Initial Interim Report to Congress.--The Government
Accountability Office shall submit to the Committees on Appropriations
of the House of Representatives and Senate, no later than May 1, 2005,
a baseline report on the performance of each authorizer in meeting the
requirements of the School Reform Act of 1995.
(d) Hereafter Section 2214(f) of Public Law 104-143 (D.C. Code 38-
1802.14(f)), shall apply to the District of Columbia Board of Education
Charter Schools Office.
Sec. 345. Clarifying Operations of Public Charter School Board.
Section 2214 of the School Reform Act of 1995 (Public Law 104-134; D.C.
Code 38-1802.14), is amended--
(1) by striking subsection (f) and inserting the following:
``(f) Audit.--The Board shall maintain its accounts according to
Generally Accepted Accounting Principles for Not-for-Profit
Organizations. The Board shall provide for an audit of the financial
statements of the Board by an independent certified public accountant
in accordance with Government auditing standards for financial audits
issued by the Comptroller General of the United States. The findings
and recommendations of any such audit shall be forwarded to the Mayor,
the District of Columbia Council, the appropriate congressional
committees, and the Office of the Chief Financial Officer.''; and
(2) adding at the end the following:
``(h) Contracting and Procurement.--The Board shall have the
authority to solicit, award, and execute contracts independently of the
Office of Contracting and Procurement and the Chief Procurement
Officer. Nothing in chapter 3 of title 2 of the District of Columbia
Code shall affect the authority of the Board under this subsection.''.
This Act may be cited as the ``District of Columbia Appropriations
Act, 2005''.
Passed the House of Representatives July 20, 2004.
Attest:
JEFF TRANDAHL,
Clerk.
Passed the Senate September 14, 2004.
Attest:
EMILY J. REYNOLDS,
Secretary.