[Congressional Record Volume 150, Number 124 (Tuesday, October 5, 2004)]
[House]
[Pages H8144-H8157]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  CONFERENCE REPORT ON H.R. 4850, DISTRICT OF COLUMBIA APPROPRIATIONS 
                               ACT, 2005

  Mr. FRELINGHUYSEN submitted the following conference report and 
statement on the bill (H.R. 4850) making appropriations for the 
government of the District of Columbia and other activities chargeable 
in whole or in part against revenues of said District for the fiscal 
year ending September 30, 2005, and for other purposes:

                  Conference Report (H. Rept. 108-734)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     4850) ``making appropriations for the government of the 
     District of Columbia and other activities chargeable in whole 
     or in part against revenues of said District for the fiscal 
     year ending September 30, 2005, and for other purposes'', 
     having met, after full and free conference, have agreed to 
     recommend and do recommend to their respective Houses as 
     follows:
       That the House recede from its disagreement to the 
     amendment of the Senate, and agree to the same with an 
     amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert:
     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the District of 
     Columbia and related agencies for the fiscal year ending 
     September 30, 2005, and for other purposes, namely:

                         TITLE I--FEDERAL FUNDS

              Federal Payment for Resident Tuition Support

       For a Federal payment to the District of Columbia, to be 
     deposited into a dedicated account, for a nationwide program 
     to be administered by the Mayor, for District of Columbia 
     resident tuition support, $25,600,000, to remain available 
     until expended: Provided, That such funds, including any 
     interest accrued thereon, may be used on behalf of eligible 
     District of Columbia residents to pay an amount based upon 
     the difference between in-State and out-of-State tuition at 
     public institutions of higher education, or to pay up to 
     $2,500 each year at eligible private institutions of higher 
     education: Provided further, That the awarding of such funds 
     may be prioritized on the basis of a resident's academic 
     merit, the income and need of eligible students and such 
     other factors as may be authorized: Provided further, That 
     the District of Columbia government shall maintain a 
     dedicated account for the Resident Tuition Support Program 
     that shall consist of the Federal funds appropriated to the 
     Program in this Act and any subsequent appropriations, any 
     unobligated balances from prior fiscal years, and any 
     interest earned in this or any fiscal year: Provided further, 
     That the account shall be under the control of the District 
     of Columbia Chief Financial Officer, who shall use those 
     funds solely for the purposes of carrying out the Resident 
     Tuition Support Program: Provided further, That the Office of 
     the Chief Financial Officer shall provide a quarterly 
     financial report to the Committees on Appropriations of the 
     House of Representatives and Senate for these funds showing, 
     by object class, the expenditures made and the purpose 
     therefor: Provided further, That not more than $1,200,000 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, $190,800,000, 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 $56,201,000, to remain available until 
     September 30, 2006, for capital improvements for District of 
     Columbia courthouse facilities: Provided, That 
     notwithstanding any other provision of law, a single contract 
     or related contracts for development and construction of 
     facilities may be employed which collectively include the 
     full scope of the project: Provided further, That the 
     solicitation and contract shall contain the clause 
     ``availability of Funds'' found at 48 CFR 52.232-18: Provided 
     further, That funds made available for capital improvements 
     shall be expended consistent with the General Services 
     Administration master plan study and building evaluation 
     report: Provided further, That notwithstanding any other 
     provision of law, all amounts under this heading shall be 
     apportioned quarterly by the Office of Management and Budget 
     and obligated and expended in the same manner as funds 
     appropriated for salaries and expenses of other Federal 
     agencies, with payroll and financial services to be provided 
     on a contractual basis with the General Services 
     Administration (GSA), and such services shall include the 
     preparation of monthly financial reports, copies of which 
     shall be submitted directly by GSA to the President and to 
     the Committees on Appropriations of the House of 
     Representatives and Senate, the Committee on Government 
     Reform of the House of Representatives, and the Committee on 
     Governmental Affairs of the Senate: Provided further, That 30 
     days after providing written notice to the Committees on 
     Appropriations of the House of Representatives and Senate, 
     the District of Columbia Courts may reallocate not more than 
     $1,000,000 of the funds provided under this heading among the 
     items and entities funded under this heading for operations, 
     and not more than 4 percent of the funds provided under this 
     heading for facilities.

            Defender Services in District of Columbia Courts

       For payments authorized under section 11-2604 and section 
     11-2605, D.C. Official Code (relating to representation 
     provided under the District of Columbia Criminal Justice 
     Act), payments for counsel appointed in proceedings in the 
     Family Court of the Superior Court of the District of 
     Columbia under chapter 23 of title 16, D.C. Official Code, or 
     pursuant to contractual agreements to provide guardian ad 
     litem representation, training, technical assistance and such 
     other services as are necessary to improve the quality of 
     guardian ad litem representation, payments for counsel 
     appointed in adoption proceedings under chapter 3 of title 
     16, D.C. Code, and payments for counsel authorized under 
     section 21-2060, D.C. Official Code (relating to 
     representation provided under the District of Columbia 
     Guardianship, Protective Proceedings, and Durable Power of 
     Attorney Act of 1986), $38,500,000, 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 $56,201,000 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 $56,201,000 
     provided under such heading for capital improvements for 
     District of Columbia courthouse facilities), to make payments 
     described under this heading for

[[Page H8145]]

     obligations incurred during any fiscal year: Provided 
     further, That funds provided under this heading shall be 
     administered by the Joint Committee on Judicial 
     Administration in the District of Columbia: Provided futher, 
     That notwithstanding any other provision of law, this 
     appropriation shall be apportioned quarterly by the Office of 
     Management and Budget and obligated and expended in the same 
     manner as funds appropriated for expenses of other Federal 
     agencies, with payroll and financial services to be provided 
     on a contractual basis with the General Services 
     Administration (GSA), and such services shall include the 
     preparation of monthly financial reports, copies of which 
     shall be submitted directly by GSA to the President and to 
     the Committees on Appropriations of the House of 
     Representatives and Senate, the Committee on Government 
     Reform of the House of Representatives, and the Committee on 
     Governmental Affairs of the Senate.

 Federal Payment to the Court Services and Offender Supervision Agency 
                      for the District of Columbia


                     (including transfer of funds)

       For salaries and expenses, including the transfer and hire 
     of motor vehicles, of the Court Services and Offender 
     Supervision Agency for the District of Columbia and the 
     Public Defender Service for the District of Columbia, as 
     authorized by the National Capital Revitalization and Self-
     Government Improvement Act of 1997, $180,000,000, 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 
     $110,853,000 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 notwithstanding any 
     other provision of law, all amounts under this heading shall 
     be apportioned quarterly by the Office of Management and 
     Budget and obligated and expended in the same manner as funds 
     appropriated for salaries and expenses of other Federal 
     agencies: Provided further, That the Director is authorized 
     to accept and use gifts in the form of in-kind contributions 
     of space and hospitality to support offender and defendant 
     programs, and equipment and vocational training services to 
     educate and train offenders and defendants: Provided further, 
     That the Director shall keep accurate and detailed records of 
     the acceptance and use of any gift or donation under the 
     previous proviso, and shall make such records available for 
     audit and public inspection: Provided further, That the Court 
     Services and Offender Supervision Agency Director is 
     authorized to accept and use reimbursement from the D.C. 
     Government for space and services provided on a cost 
     reimbursable basis: Provided further, That the Public 
     Defender Service is authorized to charge fees to cover costs 
     of materials distributed to attendees of educational events, 
     including conferences, sponsored by the Public Defender 
     Service, and notwithstanding section 3302 of title 31, United 
     States Code, said fees shall be credited to the Public 
     Defender Service account to be available for use without 
     further appropriation.

 Federal Payment to the District of Columbia Water and Sewer Authority

       For a Federal payment to the District of Columbia Water and 
     Sewer Authority, $4,800,000, 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, 
     $6,000,000, to remain available until expended, for the 
     Unified Communications Center.

             Federal Payment for Transportation Assistance

       For a Federal payment to the District of Columbia 
     Department of Transportation, $2,500,000, of which $1,000,000 
     shall be allocated to implement a downtown circulator transit 
     system, and of which $1,500,000 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 Public School Libraries

       For a Federal payment to the District of Columbia Public 
     Schools, $6,000,000, to remain available until expended, for 
     a public school library enhancement program: Provided, That 
     the District of Columbia Public Schools provides a 100 
     percent match for this payment: Provided further, That the 
     Federal portion is for the acquisition of library resources: 
     Provided further, That the matching portion is for any 
     necessary facilities upgrades.

            Federal Payment for the Family Literacy Program

       For a Federal payment to the District of Columbia, 
     $1,000,000, for a Family Literacy Program to address the 
     needs of literacy-challenged parents while endowing their 
     children with an appreciation for literacy and strengthening 
     familial ties: Provided, That the District of Columbia shall 
     provide a 100 percent match with local funds as a condition 
     of receiving this payment.

    Federal Payment for Foster Care Improvements in the District of 
                                Columbia

       For 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; for the State Education Office, 
     $13,000,000 to expand quality public charter schools in the 
     District of Columbia, to remain available until September 30, 
     2006; for the Secretary of the Department of Education, 
     $14,000,000 to provide opportunity scholarships for students 
     in the District of Columbia in accordance with division C, 
     title III of the District of Columbia Appropriations Act, 
     2004 (Public Law 108-199, 118 Stat. 126), of which up to 
     $1,000,000 may be used to administer and fund assessments: 
     Provided, That of the $13,000,000 for the District of 
     Columbia Public Schools, not less than $2,000,000 shall be 
     for a new incentive fund to reward high performing or 
     significantly improved public schools; not less than 
     $2,000,000 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 provide grants to schools 
     which are not eligible for other programs referenced under 
     this heading, and 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, $2,000,000 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; $2,000,000 shall be for 
     a charter school college preparatory program; 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

[[Page H8146]]

     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 $250,000 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 provisions of this Act, the total amount appropriated in 
     this Act for operating expenses for the District of Columbia 
     for fiscal year 2005 under this heading shall not exceed the 
     lesser of the sum of the total revenues of the District of 
     Columbia for such fiscal year or $6,199,114,000 (of which 
     $4,165,485,000 shall be from local funds, $1,687,554,000 
     shall be from Federal grant funds, $332,761,000 shall be from 
     other funds, and $13,314,000 shall be from private funds), in 
     addition, $114,900,000 from funds previously appropriated in 
     this Act as Federal payments: Provided further, That this 
     amount may be increased by proceeds of one-time transactions, 
     which are expended for emergency or unanticipated operating 
     or capital needs: Provided further, That such increases shall 
     be approved by enactment of local District law and shall 
     comply with all reserve requirements contained in the 
     District of Columbia Home Rule Act as amended by this Act: 
     Provided further, That the Chief Financial Officer of the 
     District of Columbia shall take such steps as are necessary 
     to assure that the District of Columbia meets these 
     requirements, including the apportioning by the Chief 
     Financial Officer of the appropriations and funds made 
     available to the District during fiscal year 2005, except 
     that the Chief Financial Officer may not reprogram for 
     operating expenses any funds derived from bonds, notes, or 
     other obligations issued for capital projects.

                   Governmental Direction and Support

       Governmental direction and support, $416,069,000 (including 
     $261,068,000 from local funds, $100,256,000 from Federal 
     grant funds, and $54,745,000 from other funds), in addition, 
     $32,500,000 from funds previously appropriated in this Act 
     under the heading ``Federal Payment to the Chief Financial 
     Officer of the District of Columbia'', and $500,000 from 
     funds previously appropriated in this Act under the heading 
     ``Federal Payment for Foster Care Improvements in the 
     District of Columbia'' shall be available to the Metropolitan 
     Washington Council of Governments: Provided, That not to 
     exceed $9,300 for the Mayor, $9,300 for the Chairman of the 
     Council of the District of Columbia, $9,300 for the City 
     Administrator, and $9,300 for the Office of the Chief 
     Financial Officer shall be available from this appropriation 
     for official reception and representation expenses: Provided 
     further, That any program fees collected from the issuance of 
     debt shall be available for the payment of expenses of the 
     debt management program of the District of Columbia: Provided 
     further, That no revenues from Federal sources shall be used 
     to support the operations or activities of the Statehood 
     Commission and Statehood Compact Commission: Provided 
     further, That the District of Columbia shall identify the 
     sources of funding for Admission to Statehood from its own 
     locally generated revenues: Provided further, That 
     notwithstanding any other provision of law, or Mayor's Order 
     86-45, issued March 18, 1986, the Office of the Chief 
     Technology Officer's delegated small purchase authority shall 
     be $500,000: Provided further, That the District of Columbia 
     government may not require the Office of the Chief Technology 
     Officer to submit to any other procurement review process, or 
     to obtain the approval of or be restricted in any manner by 
     any official or employee of the District of Columbia 
     government, for purchases that do not exceed $500,000.

                  Economic Development and Regulation

       Economic development and regulation, $334,745,000 
     (including $55,764,000 from local funds, $93,050,000 from 
     Federal grant funds, $185,806,000 from other funds, and 
     $125,000 from private funds), of which $13,000,000 collected 
     by the District of Columbia in the form of BID tax revenue 
     shall be paid to the respective BIDs pursuant to the Business 
     Improvement Districts Act of 1996 (D.C. Law 11-134; D.C. 
     Official Code, sec. 2-1215.01 et seq.), and the Business 
     Improvement Districts Amendment Act of 1997 (D.C. Law 12-26; 
     D.C. Official Code, sec. 2-1215.15 et seq.): Provided, That 
     such funds are available for acquiring services provided by 
     the General Services Administration: Provided further, That 
     Business Improvement Districts shall be exempt from taxes 
     levied by the District of Columbia: Provided further, That 
     local funds in the amount of $1,200,000 shall be appropriated 
     for the Excel Institute.

                       Public Safety and Justice

       Public safety and justice, $797,423,000 (including 
     $760,849,000 from local funds, $6,599,000 from Federal grant 
     funds, $29,966,000 from other funds, and $9,000 from private 
     funds), in addition, $1,300,000 from funds previously 
     appropriated in this Act under the heading ``Federal Payment 
     to the Criminal Justice Coordinating Council'': Provided, 
     That not to exceed $500,000 shall be available from this 
     appropriation for the Chief of Police for the prevention and 
     detection of crime: Provided further, That the Mayor shall 
     reimburse the District of Columbia National Guard for 
     expenses incurred in connection with services that are 
     performed in emergencies by the National Guard in a militia 
     status and are requested by the Mayor, in amounts that shall 
     be jointly determined and certified as due and payable for 
     these services by the Mayor and the Commanding General of the 
     District of Columbia National Guard: Provided further, That 
     such sums as may be necessary for reimbursement to the 
     District of Columbia National Guard under the preceding 
     proviso shall be available from this appropriation, and the 
     availability of the sums shall be deemed as constituting 
     payment in advance for emergency services involved.

                        Public Education System


                     (including transfer of funds)

       Public education system, including the development of 
     national defense education programs, $1,223,424,000 
     (including $1,058,709,000 from local funds, $151,978,000 from 
     Federal grant funds, $8,957,000 from other funds, $3,780,000 
     from private funds) in addition, $25,600,000 from funds 
     previously appropriated in this Act under the heading 
     ``Federal Payment for Resident Tuition Support'', $6,000,000 
     from funds previously appropriated in this Act under the 
     heading ``Federal Payment for Public School Libaries'', and 
     $26,000,000 from funds previously appropriated in this Act 
     under the heading ``Federal Payment for School Improvement in 
     the District of Columbia'' to be allocated as follows:
       (1) District of columbia public schools.--$888,944,000 
     (including $760,494,000 from local funds, $117,450,000 from 
     Federal grant funds, $7,330,000 from other funds, $3,670,000 
     from private funds), in addition, $6,000,000 from funds 
     previously appropriated in this Act under the heading 
     ``Federal Payment for Public School Libraries'' shall be 
     available for District of Columbia Public Schools and 
     $13,000,000 from funds previously appropriated in this Act 
     under the heading ``Federal Payment for School Improvement in 
     the District of Columbia'' shall be available for District of 
     Columbia Public Schools: Provided, That notwithstanding any 
     other provision of law, rule, or regulation, the evaluation 
     process and instruments for evaluating District of Columbia 
     Public School employees shall be a non-negotiable item for 
     collective bargaining purposes: Provided further, That this 
     appropriation shall not be available to subsidize the 
     education of any nonresident of the District of Columbia at 
     any District of Columbia public elementary or secondary 
     school during fiscal year 2005 unless the nonresident pays 
     tuition to the District of Columbia at a rate that covers 100 
     percent of the costs incurred by the District of Columbia 
     that are attributable to the education of the nonresident (as 
     established by the Superintendent of the District of Columbia 
     Public Schools): Provided further, That notwithstanding the 
     amounts otherwise provided under this heading or any other 
     provision of law, there shall be appropriated to the District 
     of Columbia Public Schools on July 1, 2005, an amount equal 
     to 10 percent of the total amount of the local funds 
     appropriations request provided for the District of Columbia 
     Public Schools in the proposed budget of the District of 
     Columbia for fiscal year 2006 (as submitted to Congress), and 
     the amount of such payment shall be chargeable against the 
     final amount provided for the District of Columbia Public 
     Schools under the District of Columbia Appropriations Act, 
     2006: Provided further, That not to exceed $9,300 for the 
     Superintendent of Schools shall be available from 
     this appropriation for official reception and 
     representation expenses.
       (2) Teachers' retirement fund.--$9,200,000 from local funds 
     shall be available for the Teacher's Retirement Fund.
       (3) State education office.--$43,104,000 (including 
     $10,015,000 from local funds, $32,913,000 from Federal grant 
     funds, and $176,000 from other funds), in addition, 
     $25,600,000 from funds previously appropriated in this Act 
     under the heading ``Federal Payment for Resident Tuition 
     Support'' shall be available for the State Education Office 
     and $13,000,000 from funds previously appropriated in this 
     Act under the heading ``Federal Payment for School 
     Improvement in the District of Columbia'' shall be available 
     for the State Education Office: Provided, That of the amounts 
     provided to the State Education Office, $500,000 from local 
     funds shall remain available until June 30, 2006 for an audit 
     of the student enrollment of each District of Columbia Public 
     School and of each District of Columbia public charter 
     school.
       (4) District of columbia public charter schools.--
     $196,802,000 from local funds shall be available for District 
     of Columbia public charter schools: Provided, That there 
     shall be quarterly disbursement of funds to the District of 
     Columbia public charter schools, with the first payment to 
     occur within 15 days of the beginning of the fiscal year: 
     Provided further, That if the entirety of this allocation has 
     not been provided as

[[Page H8147]]

     payments to any public charter schools currently in operation 
     through the per pupil funding formula, the funds shall remain 
     available for public education in accordance with section 
     2403(b)(2) of the District of Columbia School Reform Act of 
     1995 (D.C. Official Code, sec. 38-1804.03(b)(2)): Provided 
     further, That of the amounts made available to District of 
     Columbia public charter schools, $100,000 shall be made 
     available to the Office of the Chief Financial Officer as 
     authorized by section 2403(b)(5) of the District of Columbia 
     School Reform Act of 1995 (D.C. Official Code, sec. 38-
     1804.03(b)(5)): Provided further, That $750,000 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 
     2006 (as submitted to Congress), and the amount of such 
     payment shall be chargeable against the final amount provided 
     for such payments under the District of Columbia 
     Appropriations Act, 2006.
       (5) University of the district of columbia subsidy.--
     $49,602,000 from local funds shall be available for the 
     University of the District of Columbia subsidy: Provided, 
     That this appropriation shall not be available to subsidize 
     the education of nonresidents of the District of Columbia at 
     the University of the District of Columbia, unless the Board 
     of Trustees of the University of the District of Columbia 
     adopts, for the fiscal year ending September 30, 2005, a 
     tuition rate schedule that will establish the tuition rate 
     for nonresident students at a level no lower than the 
     nonresident tuition rate charged at comparable public 
     institutions of higher education in the metropolitan area: 
     Provided further, That notwithstanding the amounts otherwise 
     provided under this heading or any other provision of law, 
     there shall be appropriated to the University of the District 
     of Columbia on July 1, 2005, an amount equal to 10 percent of 
     the total amount of the local funds appropriations request 
     provided for the University of the District of Columbia in 
     the proposed budget of the District of Columbia for fiscal 
     year 2006 (as submitted to Congress), and the amount of such 
     payment shall be chargeable against the final amount provided 
     for the University of the District of Columbia under the 
     District of Columbia Appropriations Act, 2006: Provided 
     further, That not to exceed $9,300 for the President of the 
     University of the District of Columbia shall be available 
     from this appropriation for official reception and 
     representation expenses.
       (6) District of columbia public libraries.--$30,831,000 
     (including $28,978,000 from local funds, $1,093,000 from 
     Federal grant funds, $651,000 from other funds, and $110,000 
     from private funds) shall be available for the District of 
     Columbia Public Libraries: Provided, That not to exceed 
     $7,500 for the Public Librarian shall be available from this 
     appropriation for official reception and representation 
     expenses.
       (7) Commission on the arts and humanities.--$4,941,000 
     (including $3,618,000 from local funds, $523,000 from Federal 
     grant funds, and $800,000 from other funds) shall be 
     available for the Commission on the Arts and Humanities.

                         Human Support Services


                     (including transfer of funds)

       Human support services, $2,533,825,000 (including 
     $1,165,314,000 from local funds, $1,331,670,000 from Federal 
     grant funds, $27,441,000 from other funds, $9,400,000 from 
     private funds), in addition, $4,500,000 from funds previously 
     appropriated in this Act under the heading ``Federal Payment 
     to Foster Care Improvements in the District of Columbia'': 
     Provided, That $29,600,000 of this appropriation, to remain 
     available until expended, shall be available solely for 
     District of Columbia employees' disability compensation: 
     Provided further, That no less than $8,498,720, to remain 
     available until expended, shall be deposited in the Addiction 
     Recovery Fund, established pursuant to section 5 of the 
     Choice in Drug Treatment Act of 2000, effective July 8, 2000 
     (D.C. Law 13-146; D.C. Official Code, sec. 7-3004), to be 
     used exclusively for the purpose of the Choice in Drug 
     Treatment program, established pursuant to section 4 of the 
     Choice in Drug Treatment Act of 2000 (D.C. Law 13-146; D.C. 
     Official Code, sec. 7-3003), of which $7,500,000 shall be 
     provided from local funds: Provided further, That none of the 
     $8,498,720 for the Choice in Drug Treatment program shall be 
     used by the Department of Health's Addiction Prevention and 
     Recovery Administration to provide youth residential 
     treatment services or youth outpatient treatment services: 
     Provided further, That no less than $2,000,000 shall be 
     available to the Department of Health's Addiction Prevention 
     and Recovery Administration exclusively for the purpose of 
     providing youth residential treatment services: Provided 
     further, That no less than $1,575,416 shall be available to 
     the Department of Health's Addiction Prevention and Recovery 
     Administration exclusively for the purpose of providing youth 
     outpatient treatment services, of which $750,000 shall be 
     made available exclusively to provide intensive outpatient 
     treatment slots, outpatient treatment slots, and other 
     program costs for youth in the care of the Youth Services 
     Administration: Provided further, That no less than 
     $1,400,000 shall be used by the Department of Health's 
     Addiction Prevention and Recovery Administration to fund a 
     Child and Family Services Agency pilot project entitled 
     Family Treatment Court: Provided further, That $1,200,000 of 
     local funds, to remain available until expended, shall be 
     deposited in the Adoption Voucher Fund, established pursuant 
     to section 3805(a) of the Adoption Voucher Fund Act of 2000, 
     effective October 19, 2000 (D.C. Law 13-172; D.C. Official 
     Code, sec. 4-344(a)), to be used exclusively for the purposes 
     set forth in section 3805(b) of the Adoption Voucher Fund Act 
     (D.C. Official Code, sec. 4-344(b)): Provided further, That 
     no less than $300,000 shall be used by the Department of 
     Health's Environmental Health Administration to operate the 
     Total Maximum Daily Load program: Provided further, That no 
     less than $1,268,500 shall be used by the Department of 
     Health's Environmental Health Administration to operate its 
     air quality programs, of which no less than $242,000 shall be 
     used to fund 4 full-time air quality employees: Provided 
     further, That the Department of Human Services, Youth 
     Services Administration shall not expend any appropriated 
     fiscal year 2005 funds until the Mayor has submitted to the 
     Council by September 30, 2004, a plan, including time lines, 
     to close the Oak Hill Youth Center at the earliest feasible 
     date. All of the above proviso amounts in this heading relate 
     back to and are a subset of the first-referenced 
     appropriation amount of $2,533,825,000.

                              Public Works

       Public works, including rental of one passenger-carrying 
     vehicle for use by the Mayor and three passenger-carrying 
     vehicles for use by the Council of the District of Columbia 
     and leasing of passenger-carrying vehicles, $331,936,000 
     (including $312,035,000 from local funds, $4,000,000 from 
     Federal funds, and $15,901,000 from other funds), in 
     addition, $2,500,000 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.

                    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 303 of this Act.

                            Wilson Building

       For expenses associated with the John A. Wilson building, 
     $3,633,000 from local funds.

                         Workforce Investments

       For workforce investments, $38,114,000 from local funds, to 
     be transferred by the Mayor of the District of Columbia 
     within the various appropriation headings in this Act for 
     which employees are properly payable: Provided, That of this 
     amount $3,548,000 shall remain available until expended to 
     meet the requirements of the Compensation Agreement Between 
     the District of Columbia Government Units 1 and 2 Approval 
     Resolution of 2004, effective February 17, 2004 (Res. 15-459; 
     51 DCR 2325).

                        Non-Departmental Agency

       To account for anticipated costs that cannot be allocated 
     to specific agencies during the development of the proposed 
     budget, $13,946,000 (including $4,000,000 from local funds 
     and $9,946,000 from other funds) to be transferred by the 
     Mayor of the District of Columbia within the various 
     appropriations headings in this Act: Provided, That 
     $4,000,000 from local funds shall be for anticipated costs 
     associated with the No Child Left Behind Act.

                  Emergency Planning and Security Fund

       For Emergency Planning and Security Fund, $15,000,000 from 
     funds previously appropriated in this Act under the heading 
     ``Federal Payment for Emergency Planning and Security Costs 
     in the District of Columbia''.

                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.

                       Equipment Lease Operating

       For Equipment Lease Operating $23,109,000 from local funds: 
     Provided, That for equipment leases, the Mayor may finance 
     $19,453,000 of equipment cost, plus cost of issuance not to 
     exceed 2 percent of the par amount being financed on a lease 
     purchase basis with a maturity not to exceed 5 years.

                Emergency and Contingency Reserve Funds

       For the emergency reserve fund and the contingency reserve 
     fund under section 450A of the

[[Page H8148]]

     District of Columbia Home Rule Act (Public Law 98-198, as 
     amended; D.C. Official Code, sec. 1-204.50a), such additional 
     amounts from the District's general fund balance as are 
     necessary to meet the balance requirements for such funds 
     under section 450A.

                            Family Literacy

       From funds previously appropriated in this Act under the 
     heading ``Federal Payment for the Family Literacy Program'', 
     $1,000,000.

                         Pay-As-You-Go Capital

       For Pay-As-You-Go Capital funds in lieu of capital 
     financing, $6,531,000 from local funds, to be transferred to 
     the Capital Fund.

                       Pay-As-You-Go Contingency

       For Pay-As-You-Go Contingency Fund, $43,137,000, subject to 
     the Criteria for Spending Pay-As-You-Go Funding Act of 2004, 
     approved by the Council of the District of Columbia on 1st 
     reading, May 14, 2004 (Title I of Bill 15-768), there are 
     authorized to be transferred from the contingency fund to 
     certain other headings of this Act as necessary to carry out 
     the purposes of this Act. Expenditures from the Pay-As-You-Go 
     Contingency Fund shall be subject to the approval of the 
     Council by resolution.

             Revised Revenue Estimate Contingency Priority

       If the Chief Financial Officer for the District of Columbia 
     certifies through a revised revenue estimate that funds are 
     available from local funds, such available funds shall be 
     expended as provided in the Contingency for Recordation and 
     Transfer Tax Reduction and the Office of Property Management 
     and Library Expenditures Act of 2004, approved by the Council 
     of the District of Columbia on 1st reading, May 14, 2004 
     (Bill 15-768), including up to $2,000,000 to the Office of 
     Property Management, 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, $4,800,000 from funds 
     previously appropriated in this Act under the heading 
     ``Federal Payment to the District of Columbia Water and Sewer 
     Authority'': Provided, That the requirements and restrictions 
     that are applicable to general fund capital improvement 
     projects and set forth in this Act under the Capital Outlay 
     appropriation account shall apply to projects approved under 
     this appropriation account.

                          Washington Aqueduct

       For operation of the Washington Aqueduct, $47,972,000 from 
     other funds.

              Stormwater Permit Compliance Enterprise Fund

        For operation of the Stormwater Permit Compliance 
     Enterprise Fund, $3,792,000 from other funds.

              Lottery and Charitable Games Enterprise Fund

       For the Lottery and Charitable Games Enterprise Fund, 
     established by the District of Columbia Appropriation Act, 
     1982, for the purpose of implementing the Law to Legalize 
     Lotteries, Daily Numbers Games, and Bingo and Raffles for 
     Charitable Purposes in the District of Columbia (D.C. Law 3-
     172; D.C. Official Code, sec. 3-1301 et seq. and sec. 22-1716 
     et seq.), $247,000,000 from other funds: Provided, That the 
     District of Columbia shall identify the source of funding for 
     this appropriation title from the District's own locally 
     generated revenues: Provided further, That no revenues from 
     Federal sources shall be used to support the operations or 
     activities of the Lottery and Charitable Games Control Board: 
     Provided further, That the Lottery and Charitable Games 
     Enterprise Fund is hereby authorized to make transfers to the 
     general fund of the District of Columbia, in excess of this 
     appropriation, if such funds are available for transfer.

                  Sports and Entertainment Commission

       For the Sports and Entertainment Commission, $7,322,000 
     from other funds: Provided, That the paragraph under the 
     heading ``Sports and Entertainment Commission'' in Public Law 
     108-199 (118 Stat. 125) is amended by striking the term 
     ``local funds'' and inserting the term ``other funds'' in its 
     place.

                 District of Columbia Retirement Board

       For the District of Columbia Retirement Board, established 
     pursuant to section 121 of the District of Columbia 
     Retirement Reform Act of 1979 (D.C. Official Code, sec. 1-
     711), $15,277,000 from the earnings of the applicable 
     retirement funds to pay legal, management, investment, and 
     other fees and administrative expenses of the District of 
     Columbia Retirement Board: Provided, That the District of 
     Columbia Retirement Board shall provide to the Congress and 
     to the Council of the District of Columbia a quarterly report 
     of the allocations of charges by fund and of expenditures of 
     all funds: Provided further, That the District of Columbia 
     Retirement Board shall provide the Mayor, for transmittal to 
     the Council of the District of Columbia, an itemized 
     accounting of the planned use of appropriated funds in time 
     for each annual budget submission and the actual use of such 
     funds in time for each annual audited financial report.

              Washington Convention Center Enterprise Fund

       For the Washington Convention Center Enterprise Fund, 
     $77,176,000 from other funds.

              National Capital Revitalization Corporation

       For the National Capital Revitalization Corporation, 
     $7,850,000 from other funds.

                 University of the District of Columbia

       For the University of the District of Columbia, $85,102,000 
     (including, $49,603,000 from local funds previously 
     appropriated in this Act under the heading ``Public Education 
     Systems'', $15,192,000 from Federal funds, $19,434,000 from 
     other funds, and $873,000 from private funds): Provided, That 
     this appropriation shall not be available to subsidize the 
     education of nonresidents of the District of Columbia at the 
     University of the District of Columbia, unless the Board of 
     Trustees of the University of the District of Columbia 
     adopts, for the fiscal year ending September 30, 2005, a 
     tuition rate schedule that will establish the tuition rate 
     for nonresident students at a level no lower than the 
     nonresident tuition rate charged at comparable public 
     institutions of higher education in the metropolitan area.

                   Unemployment Insurance Trust Fund

       For the Unemployment Insurance Trust Fund, $180,000,000 
     from other funds.

                Other Post Employee Benefits Trust Fund

       For the Other Post Employee Benefits Trust Fund, $953,000 
     from other funds.

             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 $839,898,000 shall be from local funds, $38,542,000 
     from Highway Trust funds, $37,000,000 from the Rights-of-way 
     funds, $172,209,000 from Federal grant funds, and a 
     rescission of $361,763,000 from local funds appropriated 
     under this heading in prior fiscal years, for a net amount of 
     $725,886,000, to remain available until expended; in 
     addition, $6,000,000 from funds previously appropriated in 
     this Act under the heading ``Federal Payment for the Unified 
     Communications Center'', $3,000,000 from funds previously 
     appropriated in this Act under the heading ``Federal Payment 
     for the Anacostia Waterfront Initiative'', and $8,000,000 
     from funds previously appropriated in this Act under the 
     heading ``Federal Payment for Bioterrorism and Forensics 
     Laboratory'': 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, or, in the 
     case of the Council of the District of Columbia, funds may be 
     expended with the authorization of the Chairman of the 
     Council.
       Sec. 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 provided herein.
       Sec. 305. (a) Except as provided in subsection (b), no part 
     of this appropriation shall be used for publicity or 
     propaganda purposes or implementation of any policy including 
     boycott designed to support or defeat legislation pending 
     before Congress or any State legislature.
       (b) The District of Columbia may use local funds provided 
     in this Act to carry out lobbying activities on any matter 
     other than--
       (1) the promotion or support of any boycott; or
       (2) statehood for the District of Columbia or voting 
     representation in Congress for the District of Columbia.
       (c) Nothing in this section may be construed to prohibit 
     any elected official from advocating with respect to any of 
     the issues referred to in subsection (b).
       Sec. 306. (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

[[Page H8149]]

     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. 307. 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. 308. Notwithstanding any other provisions of law, the 
     provisions of the District of Columbia Government 
     Comprehensive Merit Personnel Act of 1978 (D.C. Law 2-139; 
     D.C. Official Code, sec. 1-601.01 et seq.), enacted pursuant 
     to section 422(3) of the District of Columbia Home Rule Act 
     (D.C. Official Code, sec. 1-204l.22(3)), shall apply with 
     respect to the compensation of District of Columbia 
     employees. For pay purposes, employees of the District of 
     Columbia government shall not be subject to the provisions of 
     title 5, United States Code.
       Sec. 309. No later than 30 days after the end of the first 
     quarter of fiscal year 2005, the Mayor of the District of 
     Columbia shall submit to the Council of the District of 
     Columbia and the Committees on Appropriations of the House of 
     Representatives and Senate the new fiscal year 2005 revenue 
     estimates as of the end of such quarter. These estimates 
     shall be used in the budget request for fiscal year 2006. The 
     officially revised estimates at midyear shall be used for the 
     midyear report.
       Sec. 310. 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. 311. 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. 312. 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. 313. 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. 314. (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. 315. (a) Except as otherwise provided in this section, 
     none of the funds made available by this Act or by any other 
     Act may be used to provide any officer or employee of the 
     District of Columbia with an official vehicle unless the 
     officer or employee uses the vehicle only in the performance 
     of the officer's or employee's official duties. For purposes 
     of this paragraph, the term ``official duties'' does not 
     include travel between the officer's or employee's residence 
     and workplace, except in the case of--
       (1) an officer or employee of the Metropolitan Police 
     Department who resides in the District of Columbia or is 
     otherwise designated by the Chief of the Department;
       (2) at the discretion of the Fire Chief, an officer or 
     employee of the District of Columbia Fire and Emergency 
     Medical Services Department who resides in the District of 
     Columbia and is on call 24 hours a day or is otherwise 
     designated by the Fire Chief;
       (3) the Mayor of the District of Columbia; and
       (4) the Chairman of the Council of the District of 
     Columbia.
       (b) The Chief Financial Officer of the District of Columbia 
     shall submit by March 1, 2005, an inventory, as of September 
     30, 2004, of all vehicles owned, leased or operated by the 
     District of Columbia government. The inventory shall include, 
     but not be limited to, the department to which the vehicle is 
     assigned; the year and make of the vehicle; the acquisition 
     date and cost; the general condition of the vehicle; annual 
     operating and maintenance costs; current mileage; and whether 
     the vehicle is allowed to be taken home by a District officer 
     or employee and if so, the officer or employee's title and 
     resident location.
       Sec. 316. 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. 317. (a) None of the funds contained in this Act may 
     be used by the District of Columbia Corporation Counsel or 
     any other officer or entity of the District government to 
     provide assistance for any petition drive or civil action 
     which seeks to require Congress to provide for voting 
     representation in Congress for the District of Columbia.
       (b) Nothing in this section bars the District of Columbia 
     Corporation Counsel from reviewing or commenting on briefs in 
     private lawsuits, or from consulting with officials of the 
     District government regarding such lawsuits.
       Sec. 318. (a) None of the funds contained in this Act may 
     be used for any program of distributing sterile needles or 
     syringes for the hypodermic injection of any illegal drug.
       (b) Any individual or entity who receives any funds 
     contained in this Act and who carries out any program 
     described in subsection (a) shall account for all funds used 
     for such program separately from any funds contained in this 
     Act.
       Sec. 319. 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.

[[Page H8150]]

       Sec. 320. (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. 321. 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. 322. 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. 323. (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 2005 that is in the total amount 
     of the approved appropriation and that realigns all budgeted 
     data for personal services and other-than-personal-services, 
     respectively, with anticipated actual expenditures.
       (b) This section shall apply only to an agency where the 
     Chief Financial Officer of the District of Columbia certifies 
     that a reallocation is required to address unanticipated 
     changes in program requirements.
       Sec. 324. 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. 325. None of the Federal funds made available in this 
     Act may be transferred to any department, agency, or 
     instrumentality of the United States Government, except 
     pursuant to a transfer made by, or transfer authority 
     provided in, this Act or any other appropriation Act.
       Sec. 326. 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. 327. 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. 328. The Chief Financial Officer of the District of 
     Columbia shall require attorneys in special education cases 
     brought under the Individuals with Disabilities Act (IDEA) in 
     the District of Columbia to certify in writing that the 
     attorney or representative rendered any and all services for 
     which they receive awards, including those received under a 
     settlement agreement or as part of an administrative 
     proceeding, under the IDEA from the District of Columbia. As 
     part of the certification, the Chief Financial Officer of the 
     District of Columbia shall require all attorneys in IDEA 
     cases to disclose any financial, corporate, legal, 
     memberships on boards of directors, or other relationships 
     with any special education diagnostic services, schools, or 
     other special education service providers to which the 
     attorneys have referred any clients as part of this 
     certification. The Chief Financial Officer shall prepare and 
     submit quarterly reports to the Committees on Appropriations 
     of the House of Representatives and Senate on the 
     certification of and the amount paid by the government of the 
     District of Columbia, including the District of Columbia 
     Public Schools, to attorneys in cases brought under IDEA. The 
     Inspector General of the District of Columbia may conduct 
     investigations to determine the accuracy of the 
     certifications.
       Sec. 329. 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. 330. 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. 331. The amount appropriated by this Act may be 
     increased by no more than $15,000,000 from funds identified 
     in the comprehensive annual financial report as the 
     District's fiscal year 2004 unexpended general fund surplus. 
     The District may obligate and expend these amounts only in 
     accordance with the following conditions:
       (1) The Chief Financial Officer of the District of Columbia 
     shall certify that the use of any such amounts is not 
     anticipated to have a negative impact on the District's long-
     term financial, fiscal, and economic vitality.
       (2) The District of Columbia may only use these funds for 
     the following expenditures:
       (A) Unanticipated one-time expenditures.
       (B) Expenditures to avoid deficit spending.
       (C) Debt Reduction.
       (D) Unanticipated program needs.
       (E) Expenditures to avoid revenue shortfalls.
       (3) The amounts shall be obligated and expended in 
     accordance with laws enacted by the Council in support of 
     each such obligation or expenditure.
       (4) The amounts may not be used to fund the agencies of the 
     District of Columbia government under court ordered 
     receivership.
       (5) The amounts may be obligated and expended only if 
     approved by the Committees on Appropriations of the House of 
     Representatives and Senate in advance of any obligation or 
     expenditure.
       Sec. 332. 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

[[Page H8151]]

     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. 333. 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. 334. (a) Section 6 of the Policemen and Firemen's 
     Retirement and Disability Act Amendments of 1957 (sec. 5-732, 
     D.C. Official Code) is amended by striking the period at the 
     end of the first sentence and inserting the following: ``, 
     and for the administrative costs associated with making such 
     benefit payments.''.
       (b) The amendment made by subsection (a) shall apply with 
     respect to fiscal year 2005 and each succeeding fiscal year.
       Sec. 335. (a) Continuing Availability of Amounts in Charter 
     School Fund.--Section 2403(b)(1) of the District of Columbia 
     School Reform Act of 1995 (sec. 38-1804.03(b)(1), D.C. 
     Official Code) is amended by adding at the end the following 
     new sentence: ``Amounts in the Charter School Fund shall 
     remain available until expended, and any amounts in the Fund 
     remaining unobligated or unexpended at the end of a fiscal 
     year shall not revert to the General Fund of the District of 
     Columbia.''.
       (b) Availability of Additional Local Funds for Charter 
     School Fund.--Section 2403(b)(2)(A) of such Act (sec. 38-
     1804.03(b)(2)(A), D.C. Official Code) is amended by inserting 
     after ``District of Columbia,'' the following: ``together 
     with any other local funds that the Chief Financial Officer 
     of the District of Columbia certifies are necessary to carry 
     out the purposes of the Fund during the fiscal year,''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to fiscal year 2005 and each 
     succeeding fiscal year.
       Sec. 336. (a) Continuation of Certain Authority of Chief 
     Financial Officer.--Section 2302 of the Emergency Wartime 
     Supplemental Appropriations Act, 2003 (Public Law 108-11; 117 
     Stat. 593), is amended by striking ``September 30, 2004'' and 
     inserting ``September 30, 2005''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in the enactment of the 
     Emergency Wartime Supplemental Appropriations Act, 2003.
       Sec. 337. (a) Section 106(b) of the District of Columbia 
     Public Works Act of 1954 (sec. 34-2401.25(b), D.C. Official 
     Code) is amended by striking paragraph (5).
       (b) Section 212(b) of such Act (sec. 34-2112(b), D.C. 
     Official Code) is amended by striking paragraph (5).
       (c) The amendments made by this section shall apply with 
     respect to quarters occurring during fiscal year 2005 and 
     each succeeding fiscal year.
        Sec. 338. 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. 339. 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. 340. 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. 341. 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. 342. 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. 343. 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

[[Page H8152]]

     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. 344. Transfer to District of Columbia. (a) Transfer of 
     Jurisdiction.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, subject to subsection (b), the 
     Director of the National Park Service (referred to in this 
     section as the ``NPS''), acting on behalf of the Secretary of 
     the Interior, shall transfer jurisdiction 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) a portion of National Park Service land in Anacostia 
     Park, U.S. Reservation 343, Section G, 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 which includes the community 
     center currently occupied under permit by the District of 
     Columbia known as the ``Kenilworth Parkside Community 
     Center''; and
       (B) all of U.S. Reservation 523.
       (b) Conditions of Transfer.--
       (1) Term.--Jurisdiction will be transferred from the NPS to 
     the District of Columbia.
       (2) Condition of transfer.--The transfer of jurisdiction 
     under subsection (a)(1) shall be subject to such terms and 
     conditions, to be included in a Declaration of Covenants to 
     be mutually executed between NPS and the District of Columbia 
     to ensure that the property transferred under that 
     subsection--
       (A) is used only for the provision of public recreational 
     facilities, open space, or public outdoor recreational 
     opportunities; and
       (B) nothing in this Act precludes the District of Columbia 
     from entering into a lease 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 transfer under subsection (a)(1) shall 
     terminate if--
       (i) any term or condition of the transfer described in 
     paragraph (2) or contained within the Declaration of 
     Covenants described in paragraph (2) is violated, as 
     determined by the NPS; 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 NPS a written notice of the 
     violation.
       (B) Determination of correction.--A violation of a term or 
     condition of the transfer 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 NPS enter into an agreement that the NPS 
     considers to be adequate to ensure that the property 
     transferred 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 of any term or condition 
     of the transfer 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 transfer under paragraph (3)).
       (5) Removal of structures; rehabilitation.--The transfer 
     under subsection (a)(1) shall be subject to the condition 
     that, in the event of a termination of the transfer under 
     paragraph (3), the District of Columbia shall bear the cost 
     of removing structures on, or rehabilitating, the property 
     transferred.
       (6) Administration of property.--If the transfer under 
     subsection (a)(1) is terminated under paragraph (3), the 
     property covered by the transfer shall be returned to the NPS 
     and administered 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. 345. The project for the Chicago Sanitary and Ship 
     Canal Dispersal Barrier, Illinois, initiated under Section 
     1135 of Public Law 99-662, is authorized at a total cost of 
     $9,100,000 with a Federal cost of $6,825,000 and a non-
     Federal cost of $2,275,000.
       Sec. 346. 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. 347. 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''.
     And the Senate agree to the same.

     Rodney Frelinghuysen,
     Ernest J. Istook, Jr.,
     Randy ``Duke'' Cunningham,
     John T. Doolittle,
     Dave Weldon,
     John Abney Culberson,
     Bill Young,
     Chaka Fattah,
     Ed Pastor,
     Robert E. ``Bud'' Cramer, Jr.,
     David R. Obey,
                                Managers on the Part of the House.

     Mike DeWine,
     Sam Brownback,
     Kay Bailey Hutchison,
     Ted Stevens,
     Mary Landrieu,
     Daniel K. Inouye,
                               Managers on the Part of the Senate.

       Joint Explanatory Statement of the Committee of Conference

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate bill (H.R. 4850), making 
     appropriations for the District of Columbia for the fiscal 
     year ending September 30, 2005, and for other purposes, 
     submit the following joint statement to the House and Senate 
     in explanation of the effect of the action agreed upon by the 
     managers and recommended in the accompanying conference 
     report.
       The conference agreement on H.R. 4850 incorporates some of 
     the provisions of both the House and the Senate versions of 
     the bill. Report language and allocations set forth in either 
     House Report 108-610 or Senate Report 108-354 that are not 
     changed by the conference are approved by the committee of 
     conference. The statement of the managers, while repeating 
     some report language for emphasis, does not negate the 
     language referenced above unless expressly provided herein.
       The District of Columbia Appropriations Act, 2005, put in 
     place by this bill, incorporates the following agreements of 
     the managers:

                         TITLE I--FEDERAL FUNDS

              Federal Payment for Resident Tuition Support

       The conference agreement provides $25,600,000 for a Federal 
     payment for resident tuition support as proposed by the House 
     instead of $21,200,000 as proposed by the Senate. Further, 
     the conferees limit administrative expenses to no more than 
     $1,200,000 in fiscal year 2005. The conferees urge the 
     District to work with the legislative committees of 
     jurisdiction and the Committees on Appropriations to 
     reauthorize this important program and to explore options for 
     enhancing the effectiveness of these tuition assistance 
     grants, including additional non-Federal sources.

[[Page H8153]]

   Federal Payment for Emergency Planning and Security Costs in the 
                          District of Columbia

       The conference agreement provides $15,000,000 for a Federal 
     payment for emergency planning and security costs in the 
     District of Columbia as proposed by the House and Senate.

           Federal Payment to the District of Columbia Courts

       The conference agreement provides $190,800,000 for a 
     Federal payment to the District of Columbia Courts, instead 
     of $202,110,000 as proposed by the House and $195,010,000 as 
     proposed by the Senate. Included in this amount is $8,952,000 
     for the Court of Appeals, $84,948,000 for the Superior Court, 
     $40,699,000 for the Court System, and $56,201,000 for capital 
     improvements.
       The conferees have provided sufficient funds for the Old 
     Courthouse project to meet the expenditure requirements in 
     fiscal year 2005. The conferees are supportive of the Old 
     Courthouse project and the much needed Judiciary Square 
     renovation, and are committed to providing the needed 
     resources for the Old Courthouse project within the context 
     of the fiscal year 2006 appropriations process.
       The conferees agree with the financial reporting 
     requirements proposed in Senate Report 108-354; however, the 
     conferees direct that these reports be prepared and submitted 
     to the Committees on Appropriations of the House of 
     Representatives and Senate on a quarterly basis.

            Defender Services in District of Columbia Courts

       The conference agreement provides $38,500,000 for Defender 
     Services in the District of Columbia Courts instead of 
     $41,500,000 as proposed by the House and $34,500,000 as 
     proposed by the Senate.

 Federal Payment to the Court Services and Offender Supervision Agency 
                      for the District of Columbia

       The conference agreement provides $180,000,000 for a 
     Federal payment to the Court Services and Offender 
     Supervision Agency for the District of Columbia, instead of 
     $183,490,000 as proposed by the House and $182,490,000 as 
     proposed by the Senate.
       The conferees direct that $1,100,000 included in the above 
     amount is to continue to reduce supervision caseload ratios 
     for sex-offenders, mental health, and domestic violence 
     cases, and $200,000 to expand the global positioning system 
     electronic monitoring program.
       The conferees note that many individuals leave prison and 
     enter community supervision each year with histories of long-
     term substance abuse and prior supervision failure due to 
     substance abuse relapse. It is estimated that 35 percent of 
     the 2,200 individuals returning to the District of Columbia 
     from federal prison each year are chronic substance abusers. 
     These offenders are at a higher risk for quick substance 
     abuse relapse and subsequent rearrest.
       Based on these facts, the conferees support CSOSA's 
     collaborative efforts with the D.C. government, the U.S. 
     Parole Commission, the Office of Justice Programs and the 
     Bureau of Prisons to initiate a 32-bed Pre-Release Transition 
     Program. This six- to twelve-month residential treatment 
     program will be located at the District of Columbia's 
     Correctional Treatment Facility. It will serve both 
     individuals transitioning out of prison and parole violators 
     who will be remanded to this program rather than returned to 
     a Federal facility. The conferees urge CSOSA to continue to 
     participate in this important program that will complement 
     CSOSA's existing re-entry and treatment programs by offering 
     a meaningful alternative to parole revocation for the 
     habitual substance abuser who has violated his or her parole, 
     as well as enhancing the potential for success among those 
     entering community supervision.

 Federal Payment to the District of Columbia Water and Sewer Authority

       The conference agreement provides $4,800,000 for a Federal 
     payment to the District of Columbia Water and Sewer Authority 
     instead of $10,000,000 as proposed by the House and Senate. 
     These funds are for the continued implementation of the 
     Combined Sewer Overflow Long-Term Plan.

        Federal Payment for the Anacostia Waterfront Initiative

       The conference agreement provides $3,000,000 for a Federal 
     payment to the District of Columbia Department of 
     Transportation for design and construction of a continuous 
     pedestrian and bicycle trail system from the Potomac River to 
     the District's border with Maryland as proposed by the House 
     and Senate.

      Federal Payment to the Criminal Justice Coordinating Council

       The conference agreement provides $1,300,000 for a Federal 
     payment to the Criminal Justice Coordinating Council as 
     proposed by the House and Senate. The amount is to remain 
     available until expended as proposed by the Senate.

         Federal Payment for the Unified Communications Center

       The conference agreement provides $6,000,000 for a Federal 
     payment to the District of Columbia for the Unified 
     Communications Center instead of $7,000,000 as proposed by 
     the Senate and no funds as proposed by the House. The House 
     had included funding for the Unified Communications Center in 
     this Act under the heading Federal Payment for Capital 
     Development in the District of Columbia.

  Federal Payment for Capital Development in the District of Columbia

       The conference agreement provides no funding for capital 
     development as proposed by the Senate instead of $7,000,000 
     as proposed by the House. The conferees have provided 
     $6,000,000 for the Unified Communications Center under the 
     heading Federal Payment for the Unified Communications 
     Center.

             Federal Payment for Transportation Assistance

       The conference agreement provides $2,500,000 for a Federal 
     payment to the District of Columbia Department of 
     Transportation for transportation assistance as proposed by 
     the Senate. The House bill contained no similar provision. 
     Included in this amount is $1,500,000 to assist the District 
     with its annual operating payment to the Washington 
     Metropolitan Area Transit Authority, and $1,000,000 for the 
     District's Downtown Circulator.
       The conferees are supportive of the efforts of the District 
     of Columbia Department of Transportation (DDOT) to implement 
     the Downtown Circulator. The conferees encourage the DDOT to 
     consider all bid proposals, including those of private bus 
     operators, for carrying out some elements of this service.

              Federal Payment for Public School Libraries

       The conference agreement provides $6,000,000 for a Federal 
     payment to the District of Columbia Public Schools for public 
     school libraries subject to a one-to-one match by the 
     District of Columbia Public Schools as proposed by the House. 
     The Senate had no similar provision. The conference agreement 
     adopts by reference language accompanying these funds as 
     recommended in House report 108-610.

            Federal Payment for the Family Literacy Program

       The conference agreement provides $1,000,000 for a Federal 
     payment to the District of Columbia for a family literacy 
     program subject to a 100 percent match with local funds as 
     proposed by the House. The Senate had no similar provision.

    Federal Payment for Foster Care Improvements in the District of 
                                Columbia

       The conference agreement provides $5,000,000 for a Federal 
     payment for foster care improvements in the District of 
     Columbia as proposed by the House and Senate. The conferees 
     have included the following distribution of funds: $3,250,000 
     for the District of Columbia Child and Family Services 
     Agency, of which $2,000,000 is for an intensive, early 
     intervention program, $750,000 is for emergency support, and 
     $500,000 is for technology upgrades; $1,250,000 is for 
     the District's Department of Mental Health; and $500,000 
     is for the Washington Metropolitan Council of Governments 
     for respite care. The District is directed to implement 
     this program based on the direction provided in Senate 
     Report 108-354.

  Federal Payment to the Office of the Chief Financial Officer of the 
                          District of Columbia

       The conference agreement provides $32,500,000 for a Federal 
     payment to the Office of the Chief Financial Officer of the 
     District of Columbia as proposed by the Senate instead of 
     $19,000,000 as proposed by the House. These funds are for 
     programs and activities that include, but are not limited to, 
     support for economic development and infrastructure in the 
     District, and the health, education, and job training needs 
     of District residents and are to be allocated as follows:


        Project Name                                             Amount
Capitol Hill Arts Workshop/capital improvements................$150,000
Center for Inspired Teaching/professional development...........150,000
Chesapeake Veterans Hospital/capital development................250,000
SEED Foundation/urban boarding school model.....................150,000
Teacher Advancement Program/expand programs with DCPS and charter 
  schools.......................................................200,000
See Forever Foundation/after school programs....................250,000
Court Appointed Special Advocates...............................300,000
Capitol Hill Cluster School.....................................300,000
Girl Scout Council/capital improvements and scholarships........700,000
National Campaign to Prevent Teen Pregnancy/with Uhlich Children's 
  Advantage Network.............................................300,000
Building Bridges Across the River/capital improvements..........300,000
Calvary Bilingual Multicultural Learning Center tuition assistan400,000
Environmental Active Cap Project remediation of the Anacostia Ri400,000
Southeastern University/information technology and increasing 
  enrollment....................................................450,000
National Capital Children's Museum/exhibit development..........500,000

[[Page H8154]]

Old Naval Hospital Foundation/capital development...............700,000
Washington Area Women's Foundation/financial independence init1,000,000
National Trust for Historic Preservation Lincoln Cottage/capital 
  development.................................................1,000,000
National Composite Center/bridges along the Anacostia/subject to a 
  match by DDOT...............................................1,000,000
Discovery Creek Children's Museum/educational programs..........400,000
DC Poison Control Center/operations.............................450,000
Children's Health Fund/mobile van...............................400,000
DC Commission on the Arts/Main Street Arts Initiative...........400,000
First Book Program..............................................200,000
National Safe Kids Campaign.....................................300,000
Teach for America, DC...........................................200,000
All Faith Consortium/substance abuse services...................200,000
Shakespeare Theater/capital development.........................900,000
Gospel Rescue Mission/capital development.......................300,000
Second Chance Employment Services...............................450,000
Washington Opera/educational outreach...........................400,000
Teen Connection.................................................900,000
Barracks Row Inc/capital development............................500,000
Whitman-Walker Clinic...........................................600,000
Gonzaga College/capital development.............................400,000
National Center for Manufacturing Sciences......................400,000
Center for Mental Health/family health model....................400,000
Council for Court Excellence....................................200,000
Unity Health Care/patient educational project...................650,000
World Vision/Kids in Need of Community Storehouse...............400,000
Read Net Foundation.............................................400,000
Kingsman Charter School.........................................200,000
ARISE Foundation/life management skills.........................300,000
SURE Foundation/library and community resources.................100,000
Children's Hospital/capital development lab.....................400,000
Values First Inc................................................250,000
Best Friends Foundation.........................................250,000
Everybody Wins..................................................150,000
Greater DC Task Force on Trafficking in Persons.................120,000
Women's Center/family strengthening program initiative..........850,000
Institute for Educational Equity and Opportunity/advocate research 
  initiative....................................................250,000
Educational Advancement Alliance/civic education project........250,000
Caribbean American Mission for Educational Research and Action..350,000
Capital City Careers Federal Industry Academies.................200,000
Catalyst Inc/teacher feeder program at Jefferson High School....200,000
Foundation for Advancement of African Americans in Film.........250,000
Church of Epiphany/support our schools program..................150,000
Fort Dupont Hockey Club/kids at risk.............................80,000
STEED youth education and recreation program....................350,000
Jewish Council for Public Affairs/resource initiative for low-moderate 
  income families...............................................500,000
Eastern Market renovation.......................................250,000
National Children's Alliance/capital development................500,000
Capital Area Food Bank/capital development......................300,000
Perry School Community Services.................................150,000
Dance Institute of Washington...................................150,000
Bach to School..................................................100,000
STRIVE/job readiness program....................................100,000
Volunteers for Abused and Neglected Children....................100,000
American Community Partnership..................................100,000
Latin American Youth Center.....................................100,000
For Love of Children/Thurgood Marshall Center Youth Technology p100,000
One Economy/Digital Inclusion Initiative........................200,000
City Year's Reading for Success/literacy program................100,000
Children's Hospital/capital development.......................5,000,000
St. Coletta of Greater Washington/capital development.........2,000,000
Chief Financial Officer/project reviews.........................100,000
                                                       ________________
                                                       
    TOTAL....................................................32,500,000

       The agreement includes $100,000 to the Office of the Chief 
     Financial Officer (OCFO) to review all entities that are 
     receiving funding under this heading. The conferees expect 
     that the OCFO will report to the Committees on Appropriations 
     of the House of Representatives and Senate on the financial 
     status of these organizations and how they have used Federal 
     funds provided under this heading. The conferees expect all 
     entities receiving funds to provide proper access to 
     records as is necessary for the OCFO to carry out these 
     reviews.
       Each entity that receives funding under this heading is to 
     submit to 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. The 
     House bill contained no similar provision.
       The conferees are concerned about the deteriorating state 
     of the historic Civil War-era cavalry barn on the campus of 
     St. Elizabeth's and direct the District's Office of Planning 
     to submit a plan to the Committees on Appropriations, within 
     60 days of the date of enactment of this Act, to protect, 
     repair and make effective re-use of the barn. The conferees 
     understand that the Friends of St. Elizabeth's Cavalry Barn 
     have recommended restoring the cavalry barn for use by the 
     Metropolitan Police Department's Horse Mounted Patrol and 
     directs the Office of Planning, in cooperation with the 
     Metropolitan Police Department, to include an evaluation of 
     the feasibility of this proposal as part of the 
     aforementioned plan.

                 Federal Payment for School Improvement

       The conference agreement includes $40,000,000 for a Federal 
     payment for a school improvement program in the District of 
     Columbia as proposed by the House and Senate. Included in 
     this amount is $13,000,000 for the District of Columbia 
     Public Schools to improve public school education; 
     $13,000,000, to remain available until September 30, 2006, 
     for the State Education Office to expand quality charter 
     schools in the District of Columbia; and $14,000,000 for the 
     Secretary of the Department of Education to provide 
     opportunity scholarships for students in the District of 
     Columbia.
       The conferees direct that the $13,000,000 provided to the 
     District of Columbia Public Schools shall be allocated as 
     follows: not less than $2,000,000 shall be used to establish 
     a new incentive fund designed to reward high performing or 
     significantly improved public schools; not less than 
     $2,000,000 shall be used to support the Transformation School 
     Initiative directed to schools in need of improvement; the 
     remaining amounts shall be used by the Superintendent of the 
     District of Columbia Public Schools to contract for 
     management and consulting services and implement reforms, and 
     to provide grants to schools which are not eligible under 
     either the incentive fund or the Transformation School 
     Initiative.
       The conferees direct that $13,000,000 provided to the State 
     Education Office to expand public charter schools in the 
     District of Columbia shall be distributed as follows: 
     $2,000,000 for the City Build Initiative to create 
     neighborhood-based charter schools; $2,750,000 for the Credit 
     and Direct Loan Program for charter schools; $150,000 for 
     administrative expenses of the Office of Charter School 
     Financing and Support to expand outreach and support of 
     charter schools; $100,000 for the D.C. Public Charter School 
     Association to enhance the quality of charter schools; 
     $4,000,000 for the development of an incubator facility for 
     public charter schools; $2,000,000 for a charter school 
     college preparatory program to be implemented by the 
     Educational Advancement Alliance in consultation with the 
     D.C. Public Charter School Association; and $2,000,000 for a 
     new incentive fund to reward high performing or significantly 
     improved public charter schools.
       The conferees strongly encourage the District of Columbia 
     Chartering Authorities for the District of Columbia Public 
     Charter Schools and the Chief Financial Officer of the 
     District of Columbia to enter into a memorandum of 
     understanding to govern annual financial audits of local and 
     Federal funding to charter schools in the District of 
     Columbia.
       The $2,000,000 provided to the Educational Advancement 
     Alliance in consultation with the D.C. Public Charter School 
     Association is for the implementation of a comprehensive 
     college preparatory program to be made available to all 9th 
     through 12th grade students attending public charter schools 
     within the District of Columbia and authorized by either 
     public school chartering authority. It is the intent of the 
     conferees that this program should provide direct early 
     college awareness services to those students and parents 
     preparing and planning for higher education by offering 
     activities that include, but are not limited to, assistance 
     with dual/concurrent course enrollment, pre-college advising, 
     financial aid counseling, PSAT, SAT, and ACT test 
     preparation, college application assistance, and career 
     exploration and leadership development.
       The conferees recognize Sallie Mae for their commitment to 
     the District of Columbia's charter schools and their 
     utilization of innovative approaches to encourage private 
     investment.
       The conference agreement adopts by reference language 
     accompanying these funds

[[Page H8155]]

     as recommended in Senate Report 108-354. The conference 
     agreement also includes six general provisions that are 
     designed to enhance oversight of charter schools.

       Federal Payment for Bioterrorism and Forensics Laboratory

       The conference agreement provides $8,000,000 for a Federal 
     payment to the District of Columbia for the bioterrorism and 
     forensics laboratory as proposed by the Senate. The conferees 
     direct the District to provide at least $2,300,000 of local 
     funds for this purpose. The House bill contained no similar 
     provision.

                  TITLE II--DISTRICT OF COLUMBIA FUNDS

                           OPERATING EXPENSES

                          Division of Expenses

       The conference agreement provides that operating expenses 
     for the District of Columbia for fiscal year 2005 shall not 
     exceed $6,199,114,000, of which $4,165,485,000 is from local 
     funds, $1,687,554,000 is from Federal grant funds, 
     $332,761,000 is from other funds, and $13,314,000 is from 
     private funds as proposed by the House instead of 
     $7,206,164,000, of which $4,215,088,000 is from local funds, 
     $1,762,046,000 is from Federal funds, $1,214,843,000 is from 
     other funds, and $14,817,000 is from private funds and an 
     intra-district amount of $435,054,000 as proposed by the 
     Senate. In addition, the agreement includes $114,900,000 from 
     funds previously appropriated in this Act as Federal 
     payments, instead of $98,900,000 as proposed by the House and 
     $186,900,000 as proposed by the Senate.

                   Governmental Direction and Support

       The conference agreement provides $416,069,000 for 
     governmental direction and support, including $261,068,000 
     from local funds, $100,256,000 from Federal grant funds, and 
     $54,745,000 from other funds as proposed by both the House 
     and Senate. In addition, the agreement includes $33,000,000 
     from funds previously appropriated in this Act as Federal 
     payments, instead of $19,500,000 as proposed by the House and 
     $52,500,000 as proposed by the Senate. These Federal payment 
     funds are allocated as follows:
       Washington Metropolitan Council of Governments.--$500,000 
     for foster care improvements.
       Office of the Chief Financial Officer.--$32,500,000 to 
     support economic development and infrastructure in the 
     District, and the health, education, and job training needs 
     of District residents.
       The conference agreement once again includes a provision 
     that extends through fiscal year 2005, the authority of the 
     Office of the Chief Financial Officer (OCFO) over personnel, 
     procurement, and the preparation of fiscal impact statements. 
     This authority continues to exempt all aspects of the OCFO's 
     contracting and procurement from the District of Columbia's 
     Procurement Practices Act. It is the intent of the conferees 
     that the OCFO continue to exercise its exemption during the 
     post control board period.

                  Economic Development and Regulation

       The conference agreement provides $334,745,000 for economic 
     development and support, including $55,764,000 from local 
     funds, $93,050,000 from Federal grant funds, $185,806,000 
     from other funds, and $125,000 from private funds as proposed 
     by both the House and Senate.

                       Public Safety and Justice

       The conference agreement provides $797,423,000 for public 
     safety and justice, including $760,849,000 from local funds, 
     $6,599,000 from Federal grant funds, $29,966,000 from other 
     funds, and $9,000 from private funds as proposed by the House 
     instead of $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 as proposed by the 
     Senate. In addition, the agreement includes $1,300,000 from 
     funds previously appropriated in this Act as Federal payments 
     as proposed by the House and Senate.
       Criminal Justice Coordinating Council.--$1,300,000 to 
     support initiatives related to the coordination of Federal 
     and local criminal justice resources in the District of 
     Columbia.

                        Public Education System


                     (including transfer of funds)

       The conference agreement provides $1,223,424,000 for the 
     public education system, including $1,058,709,000 from local 
     funds, $151,978,000 from Federal grant funds, $8,957,000 from 
     other funds, and $3,780,000 from private funds as proposed by 
     the House instead of $1,266,424,000, including $1,058,709,000 
     from local funds, $194,979,000 from Federal funds, $8,957,000 
     from other funds, and $3,780,000 from private funds. In 
     addition, the agreement includes $57,600,000 from funds 
     previously appropriated in this Act as Federal payments as 
     proposed by the House, instead of $54,500,000 as proposed by 
     the Senate. These Federal payment funds are allocated as 
     follows:
       District of Columbia Public Schools.--$6,000,000 for public 
     school libraries and $13,000,000 for school improvement.
       State Education Office.--$13,000,000 for school improvement 
     and $25,600,000 for resident tuition support.
       District of Columbia Public Schools.--The allocation 
     includes $888,944,000 for District of Columbia public 
     schools, including $760,494,000 from local funds, 
     $117,450,000 from Federal grant funds, $7,330,000 from other 
     funds, $3,670,000 from private funds as proposed by the House 
     instead of $901,944,000, including $760,494,000 from local 
     funds, $130,450,000 from Federal grant funds, $7,330,000 from 
     other funds, and $3,670,000 from private funds. In addition, 
     the agreement includes $19,000,000 from funds previously 
     appropriated in this Act as Federal payments as proposed by 
     the House instead of $13,000,000 as proposed by the Senate.
       Teachers Retirement Fund.--The allocation includes 
     $9,200,000 for the Teachers Retirement Fund as proposed by 
     the House and Senate.
       State Education Office.--The allocation includes 
     $43,104,000 for the State Education Office, including 
     $10,015,000 from local funds, $32,913,000 from Federal grant 
     funds, and $176,000 from other funds as proposed by the House 
     instead of $73,104,000, including $10,015,000 from local 
     funds, $62,914,000 from Federal grant funds, and $176,000 
     from other funds as proposed by the Senate. In addition, the 
     agreement includes $38,600,000 from funds previously 
     appropriated in this Act as Federal payments as proposed by 
     the House instead of $40,500,000 as proposed by the Senate.
       District of Columbia Public Charter Schools.--The 
     allocation includes $196,802,000 from local funds for 
     District of Columbia public charter schools as proposed by 
     both the House and Senate.
       University of the District of Columbia.--The allocation 
     includes $49,602,000 for the University of the District of 
     Columbia as proposed by both the House and Senate.
       District of Columbia Public Libraries.--The allocation 
     includes $30,831,000 for District of Columbia public 
     libraries, including $28,978,000 from local funds, $1,093,000 
     from Federal grant funds, $651,000 from other funds as 
     proposed by both the House and Senate, and $110,000 from 
     private funds as proposed by the House.
       Commission on the Arts and Humanities.--The allocation 
     includes $4,941,000 for the Commission on the Arts and 
     Humanities, including $3,618,000 from local funds, $523,000 
     from Federal grant funds, and $800,000 from other funds as 
     proposed by both the House and Senate.

                         Human Support Services


                     (including transfer of funds)

       The conference agreement includes $2,533,825,000 for human 
     support services, including $1,165,314,000 from local funds, 
     $1,331,670,000 from Federal grant funds, $27,441,000 from 
     other funds, and $9,400,000 from private funds as proposed by 
     both the House and Senate. In addition, the agreement 
     includes $4,500,000 from funds previously appropriated in 
     this Act as Federal payments as proposed by the House instead 
     of $5,000,000 as proposed by the Senate. These Federal 
     payment funds are allocated as follows:
       Department of Mental Health.--$1,250,000 for foster care 
     improvements.
       Child and Family Services Agency.--$3,250,000 for foster 
     care improvements.

                              Public Works

       The conference agreement includes $331,936,000 for public 
     works, including $312,035,000 from local funds, $4,000,000 
     from Federal grant funds, and $15,901,000 from other funds as 
     proposed by both the House and Senate. In addition, the 
     agreement includes $2,500,000 from funds previously 
     appropriated in this Act as Federal payments instead of 
     $5,000,000 as proposed by the Senate. The House bill 
     contained no similar provision. These Federal payment funds 
     are allocated as follows:
       Department of Transportation.--$2,500,000 for 
     transportation assistance.

                              Cash Reserve

       The conference agreement includes $50,000,000 from local 
     funds for the cumulative cash reserve as proposed by both the 
     House and Senate.

                    Repayment of Loans and Interest

       The conference agreement provides $347,700,000 from local 
     funds for repayment of loans and interest as proposed by both 
     the House and Senate.

              Payment of Interest on Short-Term Borrowing

       The conference agreement provides $4,000,000 from local 
     funds for payment on short-term borrowing as proposed by both 
     the House and Senate.

                     Certificates of Participation

       The conference agreement provides $11,252,000 from local 
     funds for certificates of participation as proposed by both 
     the House and Senate.

                       Settlements and Judgments

       The conference agreement provides $20,270,000 from local 
     funds for settlements and judgments as proposed by both the 
     House and Senate.

                            Wilson Building

       The conference agreement provides $3,633,000 from local 
     funds for the Wilson building as proposed by both the House 
     and Senate.

                         Workforce Investments

       The conference agreement provides $38,114,000 from local 
     funds for workforce investments as proposed by both the House 
     and Senate.

                        Non-Departmental Agency

       The conference agreement includes $13,946,000 for the Non-
     Departmental Agency, including $4,000,000 from local funds 
     and $9,946,000 from other funds as proposed by both the House 
     and Senate.

[[Page H8156]]

                  Emergency Planning and Security Fund

       The conference agreement provides $15,000,000 from funds 
     previously appropriated in this Act under the heading Federal 
     Payment for Emergency Planning and Security costs as proposed 
     by both the House and Senate.

                Old Convention Center Demolition Reserve

       The conference agreement provides not to exceed $11,000,000 
     from the general fund balance for the old convention center 
     demolition reserve as proposed by the Senate. The House had 
     no similar provision.

                    Tax Increment Financing Program

       The conference agreement provides $9,710,000 from local 
     funds for a tax increment-financing program as proposed by 
     both the House and Senate.

                       Equipment Lease Operating

       The conference agreement provides $23,109,000 for equipment 
     lease operating from local funds as proposed by the House. 
     The Senate had no similar provision.

                Emergency and Contingency Reserve Funds

       The conference agreement provided such amounts from local 
     funds as are necessary to meet the balance requirements for 
     the emergency reserve fund and the contingency reserve fund 
     as proposed by both the House and Senate.

                            Family Literacy

       The conference agreement provides $1,000,000 for the Family 
     Literacy Program as proposed by the House. The Senate had no 
     similar provision.

                         Pay-as-You-Go Capital

       The conference agreement includes $6,531,000 from local 
     funds for pay-as-you-go capital as proposed by both the House 
     and Senate. In addition, the conference agreement includes 
     language allowing the transfer of funds to other headings in 
     this Act as proposed by the Senate. The House had no similar 
     provision.

                       Pay-as-You-Go Contingency

       The conference agreement includes $43,137,000 subject to 
     the Criteria for Spending Pay-As-You-Go Funding Act as 
     proposed by both the House and Senate.

             Revised Revenue Estimate Contingency Priority

       The conference agreement provides that if the Chief 
     Financial Officer certifies, through a revised revenue 
     estimate, that funds are available from local funds, such 
     funds will be expended based on the Contingency for 
     Recordation and Transfer Tax Reduction and the Office of 
     Property Management and Library Expenditures Act as proposed 
     by both the House and Senate.

                       ENTERPRISE AND OTHER FUNDS

                       Water and Sewer Authority

       The conference agreement provides $287,206,000 from other 
     funds for the Water and Sewer Authority as proposed by the 
     Senate instead of $275,289,000 as proposed by the House. The 
     agreement also includes $371,040,000 from other funds for 
     construction projects as proposed by both the House and 
     Senate. In addition, the agreement includes $4,800,000 from 
     funds previously appropriated in this Act as a Federal 
     payment for the combined sewer overflow long-term plan, as 
     proposed by the House and the Senate.

                          Washington Aqueduct

       The conference agreement includes $47,972,000 from other 
     funds for the Washington Aqueduct as proposed by both the 
     House and Senate.

              Stormwater Permit Compliance Enterprise Fund

       The conference agreement includes $3,792,000 from other 
     funds for the Stormwater Permit Compliance Enterprise Funds 
     as proposed by both the House and Senate.

              Lottery and Charitable Games Enterprise Fund

       The conference agreement includes $247,000,000 from other 
     funds for the Lottery and Charitable Games Enterprise Fund as 
     proposed by both the House and Senate.

                  Sports and Entertainment Commission

       The conference agreement includes $7,322,000 from local 
     funds for the Sports and Entertainment Commission as proposed 
     by both the House and Senate.

                 District of Columbia Retirement Board

       The conference agreement includes $15,277,000 for the 
     District of Columbia Retirement Board from other funds as 
     proposed by both the House and Senate.

              Washington Convention Center Enterprise Fund

       The conference agreement includes $77,176,000 from other 
     funds for the Washington Convention Center Enterprise Fund as 
     proposed by both the House and Senate.

              National Capital Revitalization Corporation

       The conference agreement includes $7,850,000 from other 
     funds for the National Capital Revitalization Corporation as 
     proposed by both the House and Senate.

                 University of the District of Columbia

       The conference agreement includes $85,102,000 for the 
     University of the District of Columbia as proposed by the 
     House and Senate.

                   Unemployment Insurance Trust Fund

       The conference agreement includes $180,000,000 for the 
     Unemployment Insurance Trust Fund as proposed by the House 
     and Senate. The title of the account is agreed to as the 
     ``Unemployment Insurance Trust Fund'' as proposed by the 
     House instead of ``Unemployment Compensation Fund'' as 
     proposed by the Senate.

                Other Post Employee Benefits Trust Fund

       The conference agreement includes $953,000 for the Other 
     Post Employee Benefits Trust Fund as proposed by the House 
     and Senate. The title of the account is agreed to as ``Other 
     Post Employee Benefits Trust Fund'' as proposed by the House 
     instead of ``District of Columbia Personnel Trust Fund'' as 
     proposed by the Senate.

             District of Columbia Public Library Trust Fund

       The conference agreement includes $17,000 for the District 
     of Columbia Public Library Trust Fund as proposed by the 
     House and Senate. The title of this account is agreed to as 
     ``District of Columbia Public Library Trust Fund'' as 
     proposed by the Senate instead of the abbreviation as 
     proposed by the House.

                             CAPITAL OUTLAY


                        (INCLUDING RESCISSIONS)

       The conference agreement includes $1,087,649,000 for 
     capital outlays, including $839,898,000 from local funds, 
     $38,542,000 from Highway Trust funds, $37,000,000 from the 
     Rights-of-way funds, $172,209,000 from Federal grant funds, 
     and a rescission of $361,763,000 from local funds 
     appropriated under this heading in prior years as proposed by 
     the House instead of $839,897,000 from local funds and 
     $367,763,000 from local funds previously appropriated as 
     proposed by the Senate. All other amounts were in agreement. 
     In addition, the agreement includes from funds previously 
     appropriated in this Act as Federal payments, $3,000,000 for 
     the Anacostia Waterfront Initiative; $6,000,000 for the 
     Unified Communications Center, and $8,000,000 for the 
     Bioterrorism and Forensics Laboratory.

                     TITLE III--GENERAL PROVISIONS

       The conference agreement changes the section numbers and 
     makes technical corrections to several provisions.
       The conference agreement excludes a provision as proposed 
     by the Senate (Sec. 305) that requires the reporting of 
     employee payroll information to various congressional 
     committees and the D.C. Council. The House bill contained no 
     similar provision.
       The conference agreement includes the language in Sec. 
     105(a) as proposed by the House, and changes the section 
     number to Sec. 305, to prohibit the use of any funds in the 
     Act 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. 
     The Senate bill (Sec. 306) proposed the use of local funds 
     for this purpose.
       Also in Sec. 305, the conference agreement includes the 
     language in Sec. 105(b) as proposed by the House to allow the 
     use of local funds to carry out lobbying activities on any 
     matter except the promotion or support of any boycott, 
     statehood for the District or voting representation in 
     Congress. The Senate bill (Sec. 307) proposed the use of 
     local funds for these purposes.
       The conference agreement includes the language in Sec. 115 
     as proposed by the House, and changes the section number to 
     Sec. 315, relating to restrictions on the use of official 
     vehicles. The Senate bill included a similar provision (Sec. 
     317).
       The conference agreement includes the language in Sec. 117 
     as proposed by the House, and changes the section number to 
     Sec. 317, that prohibits the use of appropriated funds by the 
     Corporation Counsel or any other office 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. The Senate bill (Sec. 319) allowed the 
     use of local funds for this purpose.
       The conference agreement includes the language in Sec. 118 
     as proposed by the House, and changes the section number to 
     Sec. 318, to prohibit the use of any funds contained in this 
     Act for needle exchange programs. The Senate bill (Sec. 320) 
     allowed the use of local funds for such programs.
       The conference agreement includes the language in Sec. 125 
     as proposed by the House, and changes the section number to 
     Sec. 325, to prohibit the transfer of Federal funds in this 
     Act without appropriate authority. The Senate bill contained 
     no similar provision.
       The conference agreement includes the language in Sec. 331 
     as proposed by the Senate, and changes the section number to 
     Sec. 329, to repeal certain sections of the District of 
     Columbia Official Code to eliminate certain bonding 
     requirements for court officers. The House bill (Sec. 136) 
     proposed similar language.
       The conference agreement includes the language in Sec. 332 
     as proposed by the Senate, and changes the section number to 
     Sec. 330, to amend the District of Columbia Official Code to 
     allow the D.C. Courts to take advantage of the Federal 
     program of discounted airfares. The House bill (Sec. 137) 
     proposed similar language.
       The conference agreement includes the language in Sec. 129 
     as proposed by the House, and changes the section number to 
     Sec. 331, that provides for appropriations in this Act to be 
     increased by no more than $15,000,000 from unexpended general 
     funds and sets forth certain criteria for the use of

[[Page H8157]]

     the funds. The Senate bill contained no similar provision.
       The conference agreement includes the language in Sec. 333 
     as proposed by the Senate, and changes the section number to 
     Sec. 332, to amend section 450A of the District of Columbia 
     Home Rule Act relating to emergency and contingency reserve 
     funds. The House bill (Sec. 130) proposed similar language.
       The conference agreement includes the language in Sec. 334 
     as proposed by the Senate related to re-calculating the 
     District's emergency and contingency cash reserve funds, and 
     changes the section number to Sec. 333. The House bill 
     (Sec. 131) proposed similar language.
       The conference agreement includes the language in Sec. 132 
     as proposed by the House, and changes the section number to 
     Sec. 334, to amend language that authorizes expenses 
     associated with the processing of retirement and disability 
     payments. The Senate bill (Sec. 335) proposed similar 
     language.
       The conference agreement includes the language in Sec. 133 
     as proposed by the House, and changes the section number to 
     Sec. 335, to clarify that all funds placed within the charter 
     school fund are appropriated funds for the purpose. The 
     Senate bill contained no similar provision.
       The conference agreement includes the language in Sec. 134 
     as proposed by the House, and changes the section number to 
     Sec. 336, to extend authority of the Chief Financial Officer. 
     The Senate bill (Sec. 337) proposed similar language.
       The conference agreement includes the language in Sec. 135 
     as proposed by the House, and changes the section number to 
     Sec. 337, to eliminate certain Federal agency reporting 
     requirements relating to payments to the District of Columbia 
     Water and Sewer Authority. The Senate bill (Sec. 330) 
     proposed similar language.
       The conference agreement includes the language in Sec. 336 
     as proposed by the Senate, and changes the section number to 
     Sec. 338, relating to funding for the operation of the Office 
     of the Inspector General. The House bill (Sec. 138) proposed 
     similar language.
       The conference agreement includes the language in Sec. 338 
     as proposed by the Senate, and changes the section number to 
     Sec. 339, that amends language relating to the Federal 
     payment for incentives for the adoption of children. The 
     House bill contained no similar provision.
       The conference agreement includes the language in Sec. 339 
     as proposed by the Senate, and changes the section number to 
     Sec. 340, to allow the Office of Charter School Financing and 
     Support to use Federal credit enhancement or direct loan 
     funds to provide guarantees for charter schools. The House 
     bill contained no similar provision.
       The conference agreement includes the language in Sec. 340 
     and Sec. 341 as proposed by the Senate, and changes the 
     section numbers to Sec. 341 and Sec. 342, to amend the 
     District of Columbia School Reform Act of 1995 to further 
     support and expand charter schools in the District. The 
     language modifies the process for filing charter school 
     petitions and encourages public schools to convert to charter 
     schools. In addition, the language requires that a public 
     school which converts to a public charter school may retain 
     the facility which it occupied as a public school. The House 
     bill contained no similar provisions.
       The conference agreement includes the language in Sec. 342 
     as proposed by the Senate, and changes the section number to 
     Sec. 343, to clarify the auditing procedures of the District 
     of Columbia Public Charter School Board and increase 
     oversight and accountability. The House bill contained no 
     similar provision.
       The conference agreement modifies the language in Sec. 323 
     as proposed by the Senate, and changes the section number to 
     Sec. 344 to provide authority for the transfer of certain 
     property in the District of Columbia. The House bill 
     contained no such provision.
       The conference agreement includes language in Sec. 345 that 
     changes the amount of Federal funds that may be expended for 
     the Chicago Sanitary and Ship Canal Dispersal Barrier.
       The conference agreement includes the language in Sec. 344 
     as proposed by the Senate, and changes the section number to 
     Sec. 346, to establish a biennial evaluation of the District 
     of Columbia chartering authorities for the District of 
     Columbia public charter schools. The House bill contained no 
     such provision.
       The conference agreement includes the language in Sec. 345 
     as proposed by the Senate, and changes the section number to 
     Sec. 347, to clarify the operations of the Public Charter 
     School Board relating to auditing and contracting and 
     procurement. The House bill contained no such provision.

                   Conference Total--With Comparisons

       The total new budget (obligational) authority for the 
     fiscal year 2005 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 2004 amount, the 2005 
     budget estimates, and the House and Senate bills for 2005 
     follow:

                       [In thousands of dollars]

New budget (obligational) authority, fiscal year 2004..........$541,783
Budget estimates of new (obligational) authority, fiscal year 20560,359
House bill, fiscal year 2005....................................560,000
Senate bill, fiscal year 2005...................................560,000
Conference agreement, fiscal year 2005..........................560,000
Conference agreement compared with:
  New budget (obligational) authority, fiscal year 2004.........+18,217
  Budget estimates of new (obligational) authority, fiscal year 200-359
House bill, fiscal year 2005.........................................+0
Senate bill, fiscal year 2005........................................+0

     Rodney Frelinghuysen,
     Ernest J. Istook, Jr.,
     Randy ``Duke'' Cunningham,
     John T. Doolittle,
     Dave Weldon,
     John Abney Culberson,
     Bill Young,
     Chaka Fattah,
     Ed Pastor,
     Robert E. ``Bud'' Cramer, Jr.,
     David R. Obey,
                                Managers on the Part of the House.

     Mike DeWine,
     Sam Brownback,
     Kay Bailey Hutchison,
     Ted Stevens,
     Mary Landrieu,
     Daniel K. Inouye,
     Managers on the Part of the Senate.

                          ____________________