PUBLIC LAW 108–335—OCT. 18, 2004

DISTRICT OF COLUMBIA APPROPRIATIONS

ACT, 2005

118 STAT. 1322 PUBLIC LAW 108–335—OCT. 18, 2004

Public Law 108–335

108th Congress

An Act

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, That the

following sums are appropriated, out of any money in the Treasury

not otherwise appropriated, for the District of Columbia and related

agencies for the fiscal year ending September 30, 2005, and for

other purposes, namely:

TITLE I—FEDERAL FUNDS

FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

For a Federal payment to the District of Columbia, to be

deposited into a dedicated account, for a nationwide program to

be administered by the Mayor, for District of Columbia resident

tuition support, $25,600,000, to remain available until expended:

Provided, That such funds, including any interest accrued thereon,

may be used on behalf of eligible District of Columbia residents

to pay an amount based upon the difference between in-State and

out-of-State tuition at public institutions of higher education, or

to pay up to $2,500 each year at eligible private institutions of

higher education: Provided further, That the awarding of such funds

may be prioritized on the basis of a resident’s academic merit,

the income and need of eligible students and such other factors

as may be authorized: Provided further, That the District of

Columbia government shall maintain a dedicated account for the

Resident Tuition Support Program that shall consist of the Federal

funds appropriated to the Program in this Act and any subsequent

appropriations, any unobligated balances from prior fiscal years,

and any interest earned in this or any fiscal year: Provided further,

That the account shall be under the control of the District of

Columbia Chief Financial Officer, who shall use those funds solely

for the purposes of carrying out the Resident Tuition Support Program: Provided further, That the Office of the Chief Financial

Officer shall provide a quarterly financial report to the Committees

on Appropriations of the House of Representatives and Senate

for these funds showing, by object class, the expenditures made

and the purpose therefor: Provided further, That not more than

$1,200,000 of the total amount appropriated for this program may

be used for administrative expenses.

Reports.

District of

Columbia

Appropriations

Act, 2005.

Oct. 18, 2004

[H.R. 4850]

PUBLIC LAW 108–335—OCT. 18, 2004 118 STAT. 1323

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.

Contracts.

Reports.

Notification.

President.

118 STAT. 1324 PUBLIC LAW 108–335—OCT. 18, 2004

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 obligations incurred during any fiscal year: Provided

further, That funds provided under this heading shall be administered by the Joint Committee on Judicial Administration in the

District of Columbia: Provided further, That notwithstanding any

other provision of law, this appropriation shall be apportioned quarterly by the Office of Management and Budget and obligated and

expended in the same manner as funds appropriated for expenses

of other Federal agencies, with payroll and financial services to

be provided on a contractual basis with the General Services

Administration (GSA), 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

Contracts.

Reports.

PUBLIC LAW 108–335—OCT. 18, 2004 118 STAT. 1325

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.

Records.

Public

information.

118 STAT. 1326 PUBLIC LAW 108–335—OCT. 18, 2004

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 literacychallenged 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.

PUBLIC LAW 108–335—OCT. 18, 2004 118 STAT. 1327

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

Grants.

Contracts.

Reports.

Deadline.

118 STAT. 1328 PUBLIC LAW 108–335—OCT. 18, 2004

loans made to Charter Schools, and repayment of dollars utilized

to support credit enhancement earned in this or any fiscal year:

Provided further, That the account shall be under the control of

the District of Columbia Chief Financial Officer who shall use

those funds solely for the purposes of carrying out the Credit

Enhancement Program, Direct Loan Fund Grant Program, and

any other charter school financing under the management of the

Office: Provided further, That in this and subsequent fiscal years

the Office of the Chief Financial Officer shall conduct an annual

audit of the funds expended by the Office and provide an annual

financial report to the Mayor, the Council of the District of

Columbia, the Office of the District of Columbia Treasurer and

the Committees on Appropriations of the House of Representatives

and Senate for these funds showing, by object class, the expenditures made and the purpose therefor: Provided further, That not

more than $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

Reports.

PUBLIC LAW 108–335—OCT. 18, 2004 118 STAT. 1329

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

118 STAT. 1330 PUBLIC LAW 108–335—OCT. 18, 2004

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 Libraries’’,

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

Reimbursement.

PUBLIC LAW 108–335—OCT. 18, 2004 118 STAT. 1331

or secondary school during fiscal year 2005 unless the nonresident pays tuition to the District of Columbia at a rate

that covers 100 percent of the costs incurred by the District

of Columbia that are attributable to the education of the nonresident (as established by the Superintendent of the District

of Columbia Public Schools): Provided further, That notwithstanding the amounts otherwise provided under this heading

or any other provision of law, there shall be appropriated

to the District of Columbia Public Schools on July 1, 2005,

an amount equal to 10 percent of the total amount of the

local funds appropriations request provided for the District

of Columbia Public Schools in the proposed budget of the District of Columbia for fiscal year 2006 (as submitted to Congress),

and the amount of such payment shall be chargeable against

the final amount provided for the District of Columbia Public

Schools under the District of Columbia Appropriations Act,

2006: Provided further, That not to exceed $9,300 for the Superintendent of Schools shall be available from this appropriation

for official reception and representation expenses.

(2) TEACHERS’ RETIREMENT FUND.—$9,200,000 from local

funds shall be available for the Teacher’s Retirement Fund.

(3) STATE EDUCATION OFFICE.—$43,104,000 (including

$10,015,000 from local funds, $32,913,000 from Federal grant

funds, and $176,000 from other funds), in addition, $25,600,000

from funds previously appropriated in this Act under the

heading ‘‘Federal Payment for Resident Tuition Support’’ shall

be available for the State Education Office and $13,000,000

from funds previously appropriated in this Act under the

heading ‘‘Federal Payment for School Improvement in the District of Columbia’’ shall be available for the State Education

Office: Provided, That of the amounts provided to the State

Education Office, $500,000 from local funds shall remain available until June 30, 2006 for an audit of the student enrollment

of each District of Columbia Public School and of each District

of Columbia public charter school.

(4) DISTRICT OF COLUMBIA PUBLIC CHARTER SCHOOLS.—

$196,802,000 from local funds shall be available for District

of Columbia public charter schools: Provided, That there shall

be quarterly disbursement of funds to the District of Columbia

public charter schools, with the first payment to occur within

15 days of the beginning of the fiscal year: Provided further,

That if the entirety of this allocation has not been provided

as payments to any public charter schools currently in operation

through the per pupil funding formula, the funds shall remain

available for public education in accordance with section

2403(b)(2) of the District of Columbia School Reform Act of

1995 (D.C. Official Code, sec. 38–1804.03(b)(2)): Provided further, That of the amounts made available to District of

Columbia public charter schools, $100,000 shall be made available to the Office of the Chief Financial Officer as authorized

by section 2403(b)(5) of the District of Columbia School Reform

Act of 1995 (D.C. Official Code, sec. 38–1804.03(b)(5)): Provided

further, That $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

118 STAT. 1332 PUBLIC LAW 108–335—OCT. 18, 2004

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

PUBLIC LAW 108–335—OCT. 18, 2004 118 STAT. 1333

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

118 STAT. 1334 PUBLIC LAW 108–335—OCT. 18, 2004

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).

PUBLIC LAW 108–335—OCT. 18, 2004 118 STAT. 1335

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 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.

118 STAT. 1336 PUBLIC LAW 108–335—OCT. 18, 2004

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

Applicability.

PUBLIC LAW 108–335—OCT. 18, 2004 118 STAT. 1337

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

Reports.

118 STAT. 1338 PUBLIC LAW 108–335—OCT. 18, 2004

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).

Schools.

PUBLIC LAW 108–335—OCT. 18, 2004 118 STAT. 1339

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 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

118 STAT. 1340 PUBLIC LAW 108–335—OCT. 18, 2004

the Committees 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.

Abortion.

Reports.

Deadline.

PUBLIC LAW 108–335—OCT. 18, 2004 118 STAT. 1341

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;

Reports.

Deadline.

Reports.

118 STAT. 1342 PUBLIC LAW 108–335—OCT. 18, 2004

(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

Hypodermic

needle exchange.

Deadline.

Reports.

PUBLIC LAW 108–335—OCT. 18, 2004 118 STAT. 1343

made by this Act), including any duty to prepare a report requested

either in the Act or in any of the reports accompanying the Act

and the deadline by which each report must be submitted. The

Chief Financial Officer of the District of Columbia shall provide

to the Committees on Appropriations of the House of Representatives and Senate by the 10th day after the end of each quarter

a summary list showing each report, the due date, and the date

submitted to the committees.

SEC. 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

Deadline.

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Marijuana.

Deadline.

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118 STAT. 1344 PUBLIC LAW 108–335—OCT. 18, 2004

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

Applicability.

PUBLIC LAW 108–335—OCT. 18, 2004 118 STAT. 1345

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:

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118 STAT. 1346 PUBLIC LAW 108–335—OCT. 18, 2004

(1) Subsection (a) is amended as follows:

(A) Paragraph (1) is amended to read as follows:

‘‘(1) IN GENERAL.—There is established an emergency cash

reserve fund (‘emergency reserve fund’) as an interest-bearing

account (separate from other accounts in the General Fund)

into which the Mayor shall make a deposit in cash not later

than October 1 of each fiscal year of such an amount as may

be required to maintain a balance in the fund of at least

2 percent of the operating expenditures as defined in paragraph

(2) of this subsection or such amount as may be required

for deposit in a fiscal year in which the District is replenishing

the emergency reserve fund pursuant to subsection (a)(7).’’.

(B) Paragraph (2) is amended to read as follows:

‘‘(2) IN GENERAL.—For the purpose of this subsection, operating expenditures is defined as the amount reported in the

District of Columbia’s Comprehensive Annual Financial Report

for the fiscal year immediately preceding the current fiscal

year as the actual operating expenditure from local funds,

less such amounts that are attributed to debt service payments

for which a separate reserve fund is already established under

this Act.’’.

(C) Paragraph (7) is amended to read as follows:

‘‘(7) REPLENISHMENT.—The District of Columbia shall

appropriate sufficient funds each fiscal year in the budget

process to replenish any amounts allocated from the emergency

reserve fund during the preceding fiscal years so that not

less than 50 percent of any amount allocated in the preceding

fiscal year or the amount necessary to restore the emergency

reserve fund to the 2 percent required balance, whichever is

less, is replenished by the end of the first fiscal year following

each such allocation and 100 percent of the amount allocated

or the amount necessary to restore the emergency reserve fund

to the 2 percent required balance, whichever is less, is replenished by the end of the second fiscal year following each such

allocation.’’.

(2) Subsection (b) is amended as follows:

(A) Paragraph (1) is amended to read as follows:

‘‘(1) IN GENERAL.—There is established a contingency cash

reserve fund (‘contingency reserve fund’) as an interest-bearing

account, separate from other accounts in the General Fund,

into which the Mayor shall make a deposit in cash not later

than October 1 of each fiscal year of such amount as may

be required to maintain a balance in the fund of at least

4 percent of the operating expenditures as defined in paragraph

(2) of this subsection or such amount as may be required

for deposit in a fiscal year in which the District is replenishing

the emergency reserve fund pursuant to subsection (b)(6).’’.

(B) Paragraph (2) is amended to read as follows:

‘‘(2) IN GENERAL.—For the purpose of this subsection, operating expenditures is defined as the amount reported in the

District of Columbia’s Comprehensive Annual Financial Report

for the fiscal year immediately preceding the current fiscal

year as the actual operating expenditure from local funds,

less such amounts that are attributed to debt service payments

for which a separate reserve fund is already established under

this Act.’’.

(C) Paragraph (6) is amended to read as follows:

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PUBLIC LAW 108–335—OCT. 18, 2004 118 STAT. 1347

‘‘(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

Applicability.

Applicability.

118 STAT. 1348 PUBLIC LAW 108–335—OCT. 18, 2004

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

38–1802.01 is amended by adding a new subsection (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—

20 USC 1155.

Applicability.

PUBLIC LAW 108–335—OCT. 18, 2004 118 STAT. 1349

(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

118 STAT. 1350 PUBLIC LAW 108–335—OCT. 18, 2004

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) is amended

by—

(1) adding the following new subparagraph at the end

of section 2211(a)(1):

‘‘(D) Shall ensure that each public charter school complies with the annual reporting requirement of subsection

38–1802.04(b)(11) of this Act, including submission of the

audited financial statement required by sub-subsection

(B)(ix) of that section.’’; and

(2) adding the following before the period at the end of

subparagraph (d):

‘‘(10) details of major Board actions; (11) major findings

from school reviews of academic, financial, and compliance

with health and safety standards and resulting Board

action or recommendations; (12) details of the fifth year

review process and outcomes; (13) summary of annual

financial audits of all charter schools, including (a) the

number of schools that failed to timely submit the audited

financial statement required by that section; (b) the number

of schools whose audits revealed a failure to follow required

accounting practices or other material deficiencies; and (c)

the steps taken by the authority to ensure that deficiencies

found by the audits are rectified; (14) number of schools

which have required intervention by authorizing board to

address any academic or operational issue; (15) what recommendations an authorizing board has made to correct

identified deficiencies’’.

SEC. 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—

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PUBLIC LAW 108–335—OCT. 18, 2004 118 STAT. 1351

(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.

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118 STAT. 1352 PUBLIC LAW 108–335—OCT. 18, 2004

(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 2 fiscal

years.

(7) Comparison of budget expenditures with mandated

responsibilities.

(8) Alignment with best practices.

(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

110 Stat. 1321–

133.

Applicability.

Deadline.

PUBLIC LAW 108–335—OCT. 18, 2004 118 STAT. 1353

LEGISLATIVE HISTORY—H.R. 4850 (S. 2826):

HOUSE REPORTS: Nos. 108–610 (Comm. on Appropriations) and 108–734 (Comm.

of Conference).

SENATE REPORTS: No. 108–354 accompanying S. 2826 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 150 (2004):

July 20, considered and passed House.

Sept. 22, considered and passed Senate, amended, in lieu of S. 2826.

Oct. 6, House and Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):

Oct. 18, Presidential statement.

Æ

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’’.

Approved October 18, 2004.