[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2826 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 709
108th CONGRESS
  2d Session
                                S. 2826

                          [Report No. 108-354]

 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 SENATE OF THE UNITED STATES

                           September 21, 2004

    Mr. DeWine, from the Committee on Appropriations, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 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, 
$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''.
                                                       Calendar No. 709

108th CONGRESS

  2d Session

                                S. 2826

                          [Report No. 108-354]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 21 2004

                 Read twice and placed on the calendar