[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4850 Reported in House (RH)]
Union Calendar No. 369
108th CONGRESS
2d Session
H. R. 4850
[Report No. 108-610]
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 19, 2004
Mr. Frelinghuysen, from the Committee on Appropriations, reported the
following bill; which was committed to the Committee of the Whole House
on the State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
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, 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,
$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.
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,
$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.
Defender Services in District of Columbia Courts
For payments authorized under section 11-2604 and section 11-2605,
D.C. Official Code (relating to representation provided under the
District of Columbia Criminal Justice Act), payments for counsel
appointed in proceedings in the Family Court of the Superior Court of
the District of Columbia under chapter 23 of title 16, D.C. Official
Code, or pursuant to contractual agreements to provide guardian ad
litem representation, training, technical assistance and such other
services as are necessary to improve the quality of guardian ad litem
representation, payments for counsel appointed in adoption proceedings
under chapter 3 of title 16, D.C. Code, and payments for counsel
authorized under section 21-2060, D.C. Official Code (relating to
representation provided under the District of Columbia Guardianship,
Protective Proceedings, and Durable Power of Attorney Act of 1986),
$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.
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, $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.
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 support initiatives related to the coordination of
Federal and local criminal justice resources in the District of
Columbia.
Federal Payment for Capital Development in the District of Columbia
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.
Federal Payment for Public School Libraries
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.
Federal Payment for the Family Literacy Program
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.
Federal Payment for Foster Care Improvements in the District of
Columbia
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.
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, $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.
Federal Payment for School Improvement
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.
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 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.
Governmental Direction and Support
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.
Economic Development and Regulation
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.
Public Safety and Justice
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.
Public Education System
(including transfers of funds)
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:
(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.
(2) Teachers' retirement fund.--$9,200,000 from local funds
shall be available for the Teacher's Retirement Fund.
(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.
(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.
(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.
(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.
(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.
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 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.
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 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.
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.
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.
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 Emergency Planning and Security Costs in the District of
Columbia''.
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.
Equipment Lease Operating
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.
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 (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.
Family Literacy
From funds previously appropriated in this Act under the heading
``Federal Payment for the Family Literacy Program'', $1,000,000.
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.
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, and up to $1,200,000 to the District of Columbia
Public Library.
ENTERPRISE AND OTHER FUNDS
Water and Sewer Authority
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.
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, $49,603,000 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.
Unemployment Insurance Trust Fund
For the Unemployment Insurance Trust Fund, $180,000,000 from other
funds.
Other Post Employee Benefits Trust Fund
For the Other Post Employee Benefits Trust Fund, $953,000 from
other funds.
DC Public Library Trust Fund
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.
Capital Outlay
(including rescissions)
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).
TITLE III--GENERAL PROVISIONS
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.
Sec. 102. Appropriations in this act shall be available for
expenses of travel and for the payment of dues of organizations
concerned with the work of the District of Columbia government, when
authorized by the Mayor, or, in the case of the Council of the District
of Columbia, funds may be expended with the authorization of the
Chairman of the Council.
Sec. 103. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of legal settlements or judgments that have been
entered against the District of Columbia government.
Sec. 104. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly provided herein.
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.
(b) The District of Columbia may use local funds provided in this
Act to carry out lobbying activities on any matter other than--
(1) the promotion or support of any boycott; or
(2) statehood for the District of Columbia or voting
representation in Congress for the District of Columbia.
(c) Nothing in this section may be construed to prohibit any
elected official from advocating with respect to any of the issues
referred to in subsection (b).
Sec. 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--
(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 Committees on Appropriations of the House of Representatives
and Senate are notified in writing 15 days in advance of the
reprogramming.
(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.
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.
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.
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.
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.
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).
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.
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.
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.
(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. 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--
(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) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency Medical
Services Department who resides in the District of Columbia and
is on call 24 hours a day or is otherwise designated by the
Fire Chief;
(3) 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. 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--
(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. 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.
(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. 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.
(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. 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.
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.
(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. 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.
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--
(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. 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.
(b) This section shall apply only to an agency where the Chief
Financial Officer of the District of Columbia certifies that a
reallocation is required to address unanticipated changes in program
requirements.
Sec. 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).
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.
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)).
Sec. 127. 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. 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.
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:
(1) The Chief Financial Officer of the District of Columbia
shall certify that the use of any such amounts is not
anticipated to have a negative impact on the District's long-
term financial, fiscal, and economic vitality.
(2) The District of Columbia may only use these funds for
the following expenditures:
(A) Unanticipated one-time expenditures.
(B) Expenditures to avoid deficit spending.
(C) Debt Reduction.
(D) Unanticipated program needs.
(E) Expenditures to avoid revenue shortfalls.
(3) The amounts shall be obligated and expended in
accordance with laws enacted by the Council in support of each
such obligation or expenditure.
(4) The amounts may not be used to fund the agencies of the
District of Columbia government under court ordered
receivership.
(5) The amounts may 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.
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:
(1) 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 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).''.
(2) Paragraph (2) is amended to read as follows:
``(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.''.
(3) 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 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.''.
(b) Section 450A(b) of such Act (sec. 1-204.50a(b), D.C. Official
Code) is amended as follows:
(1) 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 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).''.
(2) Paragraph (2) is amended to read as follows:
``(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.''.
(3) 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 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.''.
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.
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.''.
(b) The amendment made by subsection (a) shall apply with respect
to fiscal year 2005 and each succeeding fiscal year.
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.''.
(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,''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to fiscal year 2005 and each succeeding fiscal year.
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''.
(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.
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).
(b) Section 212(b) of such Act (sec. 34-2112(b), D.C. Official
Code) is amended by striking paragraph (5).
(c) The amendments made by this section shall apply with respect to
quarters occurring during fiscal year 2005 and each succeeding fiscal
year.
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).
(b) Executive Officer.--
(1) In general.--Section 11-1704, District of Columbia
Official Code, is amended to read as follows:
``Sec. 11-1704. Oath of Executive Officer
``The Executive Officer shall take an oath or affirmation for the
faithful and impartial discharge of the duties of that office.''.
(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:
``11-1704. Oath of Executive Officer.''.
(c) Fiscal Officer.--Section 11-1723, District of Columbia Official
Code, is amended--
(1) by striking ``(a)(1)'' and inserting ``(a)'';
(2) by striking subsection (b); and
(3) by redesignating paragraphs (2) and (3) of subsection
(a) as subsections (b) and (c).
(d) Auditor-Master.--Section 11-1724, District of Columbia Official
Code, is amended by striking the second and third sentences.
(e) Register of Wills.--
(1) In general.--Section 11-2102, District of Columbia
Official Code, is amended--
(A) in the heading, by striking ``bond;'';
(B) in subsection (a)(2), by striking ``give
bond,'' and all that follows through ``seasonably to
record'' and inserting ``seasonably record''; and
(C) by striking the third sentence of subsection
(a).
(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;''.
Sec. 137. Section 11-1728, District of Columbia Official Code, is
amended to read as follows:
``Sec. 11-1728. Recruitment and training of personnel; 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.''.
(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:
``11-1728. Recruitment and training of personnel; travel.''.
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).
(b) The Chief Financial Officer of the District of Columbia shall
take such steps as are necessary to carry out this section.
This Act may be cited as the ``District of Columbia Appropriations
Act, 2005''.
Union Calendar No. 369
108th CONGRESS
2d Session
H. R. 4850
[Report No. 108-610]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
July 19, 2004
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed