96–243

108TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 2d Session 108–734

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 

OCTOBER 5, 2004.—Ordered to be printed 

Mr. FRELINGHUYSEN, from the committee of conference, 

submitted the following 

CONFERENCE REPORT 

[To accompany H.R. 4850] 

The committee of conference on the disagreeing votes of the 

two Houses on the amendment of the Senate to the bill (H.R. 4850) 

‘‘making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against 

revenues of said District for the fiscal year ending September 30, 

2005, and for other purposes’’, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: 

That the House recede from its disagreement to the amendment of the Senate, and agree to the same with an amendment, as 

follows: 

In lieu of the matter stricken and inserted by said amendment, 

insert:

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

Treasury not otherwise appropriated, for the District of Columbia 

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

and for other purposes, namely: 

TITLE I—FEDERAL FUNDS 

FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

For a Federal payment to the District of Columbia, to be deposited into a dedicated account, for a nationwide program to be administered by the Mayor, for District of Columbia resident tuition 

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

That such funds, including any interest accrued thereon, may be 

used on behalf of eligible District of Columbia residents to pay an 

amount based upon the difference between in-State and out-of-State 

tuition at public institutions of higher education, or to pay up to 

2

$2,500 each year at eligible private institutions of higher education: 

Provided further, That the awarding of such funds may be 

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

and need of eligible students and such other factors as may be authorized: Provided further, That the District of Columbia government shall maintain a dedicated account for the Resident Tuition 

Support Program that shall consist of the Federal funds appropriated to the Program in this Act and any subsequent appropriations, any unobligated balances from prior fiscal years, and any interest earned in this or any fiscal year: Provided further, That the 

account shall be under the control of the District of Columbia Chief 

Financial Officer, who shall use those funds solely for the purposes 

of carrying out the Resident Tuition Support Program: Provided 

further, That the Office of the Chief Financial Officer shall provide 

a quarterly financial report to the Committees on Appropriations of 

the House of Representatives and Senate for these funds showing, 

by object class, the expenditures made and the purpose therefor: 

Provided further, That not more than $1,200,000 of the total 

amount appropriated for this program may be used for administrative expenses. 

FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY

COSTS IN THE DISTRICT OF COLUMBIA

For necessary expenses, as determined by the Mayor of the District of Columbia in written consultation with the elected county or 

city officials of surrounding jurisdictions, $15,000,000, to remain 

available until expended, to reimburse the District of Columbia for 

the costs of providing public safety at events related to the presence 

of the national capital in the District of Columbia and for the costs 

of providing support to respond to immediate and specific terrorist 

threats or attacks in the District of Columbia or surrounding jurisdictions: Provided, That any amount provided under this heading 

shall be available only after notice of its proposed use has been 

transmitted by the President to Congress and such amount has been 

apportioned pursuant to chapter 15 of title 31, United States Code. 

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS

For salaries and expenses for the District of Columbia Courts, 

$190,800,000, to be allocated as follows: for the District of Columbia 

Court of Appeals, $8,952,000, of which not to exceed $1,500 is for 

official reception and representation expenses; for the District of Columbia Superior Court, $84,948,000, of which not to exceed $1,500 

is for official reception and representation expenses; for the District 

of Columbia Court System, $40,699,000, of which not to exceed 

$1,500 is for official reception and representation expenses; and 

$56,201,000, to remain available until September 30, 2006, for capital improvements for District of Columbia courthouse facilities: 

Provided, That notwithstanding any other provision of law, a single 

contract or related contracts for development and construction of facilities may be employed which collectively include the full scope of 

the project: Provided further, That the solicitation and contract 

shall contain the clause ‘‘availability of Funds’’ found at 48 CFR 

52.232–18: Provided further, That funds made available for capital 

improvements shall be expended consistent with the General ServVerDate jul 14 2003 21:53 Oct 06, 2004 Jkt 096243 PO 00000 Frm 00002 Fmt 6659 Sfmt 6603 E:\HR\OC\HR734.XXX HR734
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ices Administration master plan study and building evaluation report: Provided further, That notwithstanding any other provision of 

law, all amounts under this heading shall be apportioned quarterly 

by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and 

expenses of other Federal agencies, with payroll and financial services to be provided on a contractual basis with the General Services 

Administration (GSA), and such services shall include the preparation of monthly financial reports, copies of which shall be submitted 

directly by GSA to the President and to the Committees on Appropriations of the House of Representatives and Senate, the Committee 

on Government Reform of the House of Representatives, and the 

Committee on Governmental Affairs of the Senate: Provided further, 

That 30 days after providing written notice to the Committees on 

Appropriations of the House of Representatives and Senate, the District of Columbia Courts may reallocate not more than $1,000,000 

of the funds provided under this heading among the items and entities funded under this heading for operations, and not more than 

4 percent of the funds provided under this heading for facilities. 

DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS

For payments authorized under section 11–2604 and section 11–

2605, D.C. Official Code (relating to representation provided under 

the District of Columbia Criminal Justice Act), payments for counsel appointed in proceedings in the Family Court of the Superior 

Court of the District of Columbia under chapter 23 of title 16, D.C. 

Official Code, or pursuant to contractual agreements to provide 

guardian ad litem representation, training, technical assistance and 

such other services as are necessary to improve the quality of guardian ad litem representation, payments for counsel appointed in 

adoption proceedings under chapter 3 of title 16, D.C. Code, and 

payments for counsel authorized under section 21–2060, D.C. Official Code (relating to representation provided under the District of 

Columbia Guardianship, Protective Proceedings, and Durable 

Power of Attorney Act of 1986), $38,500,000, to remain available 

until expended: Provided, That the funds provided in this Act under 

the heading ‘‘Federal Payment to the District of Columbia Courts’’ 

(other than the $56,201,000 provided under such heading for capital improvements for District of Columbia courthouse facilities) 

may also be used for payments under this heading: Provided further, That in addition to the funds provided under this heading, the 

Joint Committee on Judicial Administration in the District of Columbia shall use funds provided in this Act under the heading 

‘‘Federal Payment to the District of Columbia Courts’’ (other than 

the $56,201,000 provided under such heading for capital improvements for District of Columbia courthouse facilities), to make payments described under this heading for obligations incurred during 

any fiscal year: Provided further, That funds provided under this 

heading shall be administered by the Joint Committee on Judicial 

Administration in the District of Columbia: Provided futher, That 

notwithstanding any other provision of law, this appropriation shall 

be apportioned quarterly by the Office of Management and Budget 

and obligated and expended in the same manner as funds appropriated for expenses of other Federal agencies, with payroll and financial services to be provided on a contractual basis with the GenVerDate jul 14 2003 21:53 Oct 06, 2004 Jkt 096243 PO 00000 Frm 00003 Fmt 6659 Sfmt 6603 E:\HR\OC\HR734.XXX HR734
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eral Services Administration (GSA), and such services shall include 

the preparation of monthly financial reports, copies of which shall 

be submitted directly by GSA to the President and to the Committees on Appropriations of the House of Representatives and Senate, 

the Committee on Government Reform of the House of Representatives, and the Committee on Governmental Affairs of the Senate.

FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER

SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA

(INCLUDING TRANSFER OF FUNDS)

For salaries and expenses, including the transfer and hire of 

motor vehicles, of the Court Services and Offender Supervision 

Agency for the District of Columbia and the Public Defender Service 

for the District of Columbia, as authorized by the National Capital 

Revitalization and Self-Government Improvement Act of 1997, 

$180,000,000, of which not to exceed $2,000 is for official reception 

and representation expenses related to Community Supervision and 

Pretrial Services Agency programs; of which not to exceed $25,000 

is for dues and assessments relating to the implementation of the 

Court Services and Offender Supervision Agency Interstate Supervision Act of 2002; of which $110,853,000 shall be for necessary expenses of Community Supervision and Sex Offender Registration, to 

include expenses relating to the supervision of adults subject to protection orders or the provision of services for or related to such persons; of which $39,314,000 shall be available to the Pretrial Services Agency; and of which $29,833,000 shall be transferred to the 

Public Defender Service for the District of Columbia: Provided, That 

notwithstanding any other provision of law, all amounts under this 

heading shall be apportioned quarterly by the Office of Management 

and Budget and obligated and expended in the same manner as 

funds appropriated for salaries and expenses of other Federal agencies: Provided further, That the Director is authorized to accept and 

use gifts in the form of in-kind contributions of space and hospitality to support offender and defendant programs, and equipment 

and vocational training services to educate and train offenders and 

defendants: Provided further, That the Director shall keep accurate 

and detailed records of the acceptance and use of any gift or donation under the previous proviso, and shall make such records available for audit and public inspection: Provided further, That the 

Court Services and Offender Supervision Agency Director is authorized to accept and use reimbursement from the D.C. Government for 

space and services provided on a cost reimbursable basis: Provided 

further, That the Public Defender Service is authorized to charge 

fees to cover costs of materials distributed to attendees of educational events, including conferences, sponsored by the Public Defender Service, and notwithstanding section 3302 of title 31, United 

States Code, said fees shall be credited to the Public Defender Service account to be available for use without further appropriation. 

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND

SEWER AUTHORITY

For a Federal payment to the District of Columbia Water and 

Sewer Authority, $4,800,000, to remain available until expended, to 

continue implementation of the Combined Sewer Overflow LongVerDate jul 14 2003 21:53 Oct 06, 2004 Jkt 096243 PO 00000 Frm 00004 Fmt 6659 Sfmt 6603 E:\HR\OC\HR734.XXX HR734
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Term Plan: Provided, That the District of Columbia Water and 

Sewer Authority provides a 100 percent match for this payment. 

FEDERAL PAYMENT FOR THE ANACOSTIA WATERFRONT INITIATIVE

For a Federal payment to the District of Columbia Department 

of Transportation, $3,000,000, to remain available until September 

30, 2006, for design and construction of a continuous pedestrian 

and bicycle trail system from the Potomac River to the District’s border with Maryland. 

FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING

COUNCIL

For a Federal payment to the Criminal Justice Coordinating 

Council, $1,300,000, to remain available until expended, to support 

initiatives related to the coordination of Federal and local criminal 

justice resources in the District of Columbia. 

FEDERAL PAYMENT FOR THE UNIFIED COMMUNICATIONS CENTER

For a Federal payment to the District of Columbia, $6,000,000, 

to remain available until expended, for the Unified Communications 

Center. 

FEDERAL PAYMENT FOR TRANSPORTATION ASSISTANCE

For a Federal payment to the District of Columbia Department 

of Transportation, $2,500,000, of which $1,000,000 shall be allocated to implement a downtown circulator transit system, and of 

which $1,500,000 shall be to offset a portion of the District of Columbia’s allocated operating subsidy payment to the Washington 

Metropolitan Area Transit Authority. 

FEDERAL PAYMENT FOR PUBLIC SCHOOL LIBRARIES

For a Federal payment to the District of Columbia Public 

Schools, $6,000,000, to remain available until expended, for a public school library enhancement program: Provided, That the District 

of Columbia Public Schools provides a 100 percent match for this 

payment: Provided further, That the Federal portion is for the acquisition of library resources: Provided further, That the matching 

portion is for any necessary facilities upgrades. 

FEDERAL PAYMENT FOR THE FAMILY LITERACY PROGRAM

For a Federal payment to the District of Columbia, $1,000,000, 

for a Family Literacy Program to address the needs of literacy-challenged parents while endowing their children with an appreciation 

for literacy and strengthening familial ties: Provided, That the District of Columbia shall provide a 100 percent match with local 

funds as a condition of receiving this payment. 

FEDERAL PAYMENT FOR FOSTER CARE IMPROVEMENTS IN THE

DISTRICT OF COLUMBIA

For a Federal payment to the District of Columbia for foster 

care improvements, $5,000,000, to remain available until expended: 

Provided, That $3,250,000 shall be for the Child and Family ServVerDate jul 14 2003 21:53 Oct 06, 2004 Jkt 096243 PO 00000 Frm 00005 Fmt 6659 Sfmt 6603 E:\HR\OC\HR734.XXX HR734
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ices Agency, of which $2,000,000 shall be for the early intervention 

program to provide intensive and immediate services for foster children; of which $750,000 shall be for the emergency support fund to 

purchase services or technology necessary to allow children to remain in the care of an approved and licensed family member; of 

which $500,000 shall be for technology upgrades: Provided further, 

That $1,250,000 shall be for the Department of Mental Health to 

provide all court-ordered or agency-required mental health 

screenings, assessments and treatments for children under the supervision of the Child and Family Services Agency: Provided further, That $500,000 shall be for the Washington Metropolitan Council of Governments, to continue a program in conjunction with the 

Foster and Adoptive Parents Advocacy Center, to provide respite 

care for and recruitment of foster parents: Provided further, That 

these Federal funds shall supplement and not supplant local funds 

for the purposes described under this heading. 

FEDERAL PAYMENT TO THE OFFICE OF THE CHIEF FINANCIAL

OFFICER OF THE DISTRICT OF COLUMBIA

For a Federal payment to the Office of the Chief Financial Officer of the District of Columbia, $32,500,000: Provided, That these 

funds shall be available for the projects and in the amounts specified in the statement of the managers on the conference report accompanying this Act: Provided further, That each entity that receives funding under this heading shall submit to the Office of the 

Chief Financial Officer of the District of Columbia and the Committees on Appropriations of the House of Representatives and Senate 

a report on the activities to be carried out with such funds no later 

than March 15, 2005. 

FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

For a Federal payment for a school improvement program in 

the District of Columbia, $40,000,000, to be allocated as follows: for 

the District of Columbia Public Schools, $13,000,000 to improve 

public school education in the District of Columbia; for the State 

Education Office, $13,000,000 to expand quality public charter 

schools in the District of Columbia, to remain available until September 30, 2006; for the Secretary of the Department of Education, 

$14,000,000 to provide opportunity scholarships for students in the 

District of Columbia in accordance with division C, title III of the 

District of Columbia Appropriations Act, 2004 (Public Law 108–

199, 118 Stat. 126), of which up to $1,000,000 may be used to administer and fund assessments: Provided, That of the $13,000,000 

for the District of Columbia Public Schools, not less than 

$2,000,000 shall be for a new incentive fund to reward high performing or significantly improved public schools; not less than 

$2,000,000 shall be to support the Transformation School Initiative 

directed to schools in need of improvement: Provided further, That 

of the remaining amounts, the Superintendent of the District of Columbia Public Schools shall use such sums as necessary to provide 

grants to schools which are not eligible for other programs referenced under this heading, and to contract for management consulting services and implement recommended reforms: Provided further, That the Comptroller General shall conduct a financial audit 

7

of the District of Columbia Public Schools: Provided further, That 

of the $13,000,000 provided for public charter schools in the District 

of Columbia, $2,000,000 shall be for the City Build Initiative to create neighborhood-based charter schools; $2,750,000 shall be for the 

Direct Loan Fund for Charter Schools; $150,000 shall be for administrative expenses of the Office of Charter School Financing and 

Support to expand outreach and support of charter schools; 

$100,000 shall be for the D.C. Public Charter School Association to 

enhance the quality of charter schools; $4,000,000 shall be for the 

development of an incubator facility for public charter schools; 

$2,000,000 shall be for a charter school college preparatory program; and $2,000,000 shall be for a new incentive fund to reward 

high performing or significantly improved public charter schools: 

Provided further, That the District of Columbia government shall 

establish a dedicated account for the Office of Charter School Financing and Support (the Office) that shall consist of the Federal 

funds appropriated in this Act, any subsequent appropriations, any 

unobligated balances from prior fiscal years, any additional grants, 

and any interest and principal derived from loans made to Charter 

Schools, and repayment of dollars utilized to support credit enhancement earned in this or any fiscal year: Provided further, That 

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

Chief Financial Officer who shall use those funds solely for the purposes of carrying out the Credit Enhancement Program, Direct Loan 

Fund Grant Program, and any other charter school financing under 

the management of the Office: Provided further, That in this and 

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. 

8

TITLE II—DISTRICT OF COLUMBIA FUNDS 

OPERATING EXPENSES 

DIVISION OF EXPENSES

The following amounts are appropriated for the District of Columbia for the current fiscal year out of the general fund of the District of Columbia, except as otherwise specifically provided: Provided, That notwithstanding any other provision of law, except as 

provided in section 450A of the District of Columbia Home Rule Act 

(D.C. Official Code, sec. 1–204.50a) and provisions of this Act, the 

total amount appropriated in this Act for operating expenses for the 

District of Columbia for fiscal year 2005 under this heading shall 

not exceed the lesser of the sum of the total revenues of the District 

of Columbia for such fiscal year or $6,199,114,000 (of which 

$4,165,485,000 shall be from local funds, $1,687,554,000 shall be 

from Federal grant funds, $332,761,000 shall be from other funds, 

and $13,314,000 shall be from private funds), in addition, 

$114,900,000 from funds previously appropriated in this Act as 

Federal payments: Provided further, That this amount may be increased by proceeds of one-time transactions, which are expended for 

emergency or unanticipated operating or capital needs: Provided 

further, That such increases shall be approved by enactment of local 

District law and shall comply with all reserve requirements contained in the District of Columbia Home Rule Act as amended by 

this Act: Provided further, That the Chief Financial Officer of the 

District of Columbia shall take such steps as are necessary to assure 

that the District of Columbia meets these requirements, including 

the apportioning by the Chief Financial Officer of the appropriations and funds made available to the District during fiscal year 

2005, except that the Chief Financial Officer may not reprogram for 

operating expenses any funds derived from bonds, notes, or other obligations issued for capital projects. 

GOVERNMENTAL DIRECTION AND SUPPORT

Governmental direction and support, $416,069,000 (including 

$261,068,000 from local funds, $100,256,000 from Federal grant 

funds, and $54,745,000 from other funds), in addition, $32,500,000 

from funds previously appropriated in this Act under the heading 

‘‘Federal Payment to the Chief Financial Officer of the District of 

Columbia’’, and $500,000 from funds previously appropriated in 

this Act under the heading ‘‘Federal Payment for Foster Care Improvements in the District of Columbia’’ shall be available to the 

Metropolitan Washington Council of Governments: Provided, That 

not to exceed $9,300 for the Mayor, $9,300 for the Chairman of the 

Council of the District of Columbia, $9,300 for the City Administrator, and $9,300 for the Office of the Chief Financial Officer shall 

be available from this appropriation for official reception and representation expenses: Provided further, That any program fees collected from the issuance of debt shall be available for the payment 

of expenses of the debt management program of the District of Columbia: Provided further, That no revenues from Federal sources 

shall be used to support the operations or activities of the Statehood 

Commission and Statehood Compact Commission: Provided further, 

9

That the District of Columbia shall identify the sources of funding 

for Admission to Statehood from its own locally generated revenues: 

Provided further, That notwithstanding any other provision of law, 

or Mayor’s Order 86–45, issued March 18, 1986, the Office of the 

Chief Technology Officer’s delegated small purchase authority shall 

be $500,000: Provided further, That the District of Columbia government may not require the Office of the Chief Technology Officer 

to submit to any other procurement review process, or to obtain the 

approval of or be restricted in any manner by any official or employee of the District of Columbia government, for purchases that do 

not exceed $500,000. 

ECONOMIC DEVELOPMENT AND REGULATION

Economic development and regulation, $334,745,000 (including 

$55,764,000 from local funds, $93,050,000 from Federal grant 

funds, $185,806,000 from other funds, and $125,000 from private 

funds), of which $13,000,000 collected by the District of Columbia 

in the form of BID tax revenue shall be paid to the respective BIDs 

pursuant to the Business Improvement Districts Act of 1996 (D.C. 

Law 11–134; D.C. Official Code, sec. 2–1215.01 et seq.), and the 

Business Improvement Districts Amendment Act of 1997 (D.C. Law 

12–26; D.C. Official Code, sec. 2–1215.15 et seq.): Provided, That 

such funds are available for acquiring services provided by the General Services Administration: Provided further, That Business Improvement Districts shall be exempt from taxes levied by the District 

of Columbia: Provided further, That local funds in the amount of 

$1,200,000 shall be appropriated for the Excel Institute. 

PUBLIC SAFETY AND JUSTICE

Public safety and justice, $797,423,000 (including $760,849,000 

from local funds, $6,599,000 from Federal grant funds, $29,966,000 

from other funds, and $9,000 from private funds), in addition, 

$1,300,000 from funds previously appropriated in this Act under the 

heading ‘‘Federal Payment to the Criminal Justice Coordinating 

Council’’: Provided, That not to exceed $500,000 shall be available 

from this appropriation for the Chief of Police for the prevention 

and detection of crime: Provided further, That the Mayor shall reimburse the District of Columbia National Guard for expenses incurred in connection with services that are performed in emergencies by the National Guard in a militia status and are requested 

by the Mayor, in amounts that shall be jointly determined and certified as due and payable for these services by the Mayor and the 

Commanding General of the District of Columbia National Guard: 

Provided further, That such sums as may be necessary for reimbursement to the District of Columbia National Guard under the 

preceding proviso shall be available from this appropriation, and 

the availability of the sums shall be deemed as constituting payment in advance for emergency services involved. 

PUBLIC EDUCATION SYSTEM

(INCLUDING TRANSFER OF FUNDS)

Public education system, including the development of national 

defense education programs, $1,223,424,000 (including 

10

$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 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 

11

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 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 

12

chargeable against the final amount provided for the University 

of the District of Columbia under the District of Columbia Appropriations Act, 2006: Provided further, That not to exceed 

$9,300 for the President of the University of the District of Columbia shall be available from this appropriation for official reception and representation expenses. 

(6) DISTRICT OF COLUMBIA PUBLIC LIBRARIES.—$30,831,000 

(including $28,978,000 from local funds, $1,093,000 from Federal grant funds, $651,000 from other funds, and $110,000 

from private funds) shall be available for the District of Columbia Public Libraries: Provided, That not to exceed $7,500 for the 

Public Librarian shall be available from this appropriation for 

official reception and representation expenses. 

(7) COMMISSION ON THE ARTS AND HUMANITIES.—

$4,941,000 (including $3,618,000 from local funds, $523,000 

from Federal grant funds, and $800,000 from other funds) shall 

be available for the Commission on the Arts and Humanities. 

HUMAN SUPPORT SERVICES

(INCLUDING TRANSFER OF FUNDS)

Human support services, $2,533,825,000 (including $1,165,314,000 from local funds, $1,331,670,000 from Federal grant 

funds, $27,441,000 from other funds, $9,400,000 from private 

funds), in addition, $4,500,000 from funds previously appropriated 

in this Act under the heading ‘‘Federal Payment to Foster Care Improvements in the District of Columbia’’: Provided, That 

$29,600,000 of this appropriation, to remain available until expended, shall be available solely for District of Columbia employees’ 

disability compensation: Provided further, That no less than 

$8,498,720, to remain available until expended, shall be deposited 

in the Addiction Recovery Fund, established pursuant to section 5 

of the Choice in Drug Treatment Act of 2000, effective July 8, 2000 

(D.C. Law 13–146; D.C. Official Code, sec. 7–3004), to be used exclusively for the purpose of the Choice in Drug Treatment program, established pursuant to section 4 of the Choice in Drug Treatment Act 

of 2000 (D.C. Law 13–146; D.C. Official Code, sec. 7–3003), of 

which $7,500,000 shall be provided from local funds: Provided further, That none of the $8,498,720 for the Choice in Drug Treatment 

program shall be used by the Department of Health’s Addiction Prevention and Recovery Administration to provide youth residential 

treatment services or youth outpatient treatment services: Provided 

further, That no less than $2,000,000 shall be available to the Department of Health’s Addiction Prevention and Recovery Administration exclusively for the purpose of providing youth residential 

treatment services: Provided further, That no less than $1,575,416 

shall be available to the Department of Health’s Addiction Prevention and Recovery Administration exclusively for the purpose of providing youth outpatient treatment services, of which $750,000 shall 

be made available exclusively to provide intensive outpatient treatment slots, outpatient treatment slots, and other program costs for 

youth in the care of the Youth Services Administration: Provided 

further, That no less than $1,400,000 shall be used by the Department of Health’s Addiction Prevention and Recovery Administration 

to fund a Child and Family Services Agency pilot project entitled 

13

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 fulltime 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 passengercarrying vehicles, $331,936,000 (including $312,035,000 from local 

funds, $4,000,000 from Federal funds, and $15,901,000 from other 

funds), in addition, $2,500,000 from funds previously appropriated 

in this Act under the heading ‘‘Federal Payment for Transportation 

Assistance’’: Provided, That this appropriation shall not be available for collecting ashes or miscellaneous refuse from hotels and 

places of business. 

CASH RESERVE

For the cumulative cash reserve established pursuant to section 

202(j)(2) of the District of Columbia Financial Responsibility and 

Management Assistance Act of 1995 (D.C. Official Code, sec. 47–

392.02(j)(2)), $50,000,000 from local funds. 

REPAYMENT OF LOANS AND INTEREST

For payment of principal, interest, and certain fees directly resulting from borrowing by the District of Columbia to fund District 

of Columbia capital projects as authorized by sections 462, 475, and 

490 of the District of Columbia Home Rule Act (D.C. Official Code, 

secs. 1–204.62, 1–204.75, and 1–204.90), $347,700,000 from local 

funds.

PAYMENT OF INTEREST ON SHORT-TERM BORROWING

For payment of interest on short-term borrowing, $4,000,000 

from local funds. 

14

CERTIFICATES OF PARTICIPATION

For principal and interest payments on the District’s Certificates of Participation, issued to finance the ground lease underlying 

the building located at One Judiciary Square, $11,252,000 from 

local funds. 

SETTLEMENTS AND JUDGMENTS

For making refunds and for the payment of legal settlements or 

judgments that have been entered against the District of Columbia 

government, $20,270,000 from local funds: Provided, That this appropriation shall not be construed as modifying or affecting the provisions of section 303 of this Act. 

WILSON BUILDING

For expenses associated with the John A. Wilson building, 

$3,633,000 from local funds. 

WORKFORCE INVESTMENTS

For workforce investments, $38,114,000 from local funds, to be 

transferred by the Mayor of the District of Columbia within the various appropriation headings in this Act for which employees are 

properly payable: Provided, That of this amount $3,548,000 shall 

remain available until expended to meet the requirements of the 

Compensation Agreement Between the District of Columbia Government Units 1 and 2 Approval Resolution of 2004, effective February 

17, 2004 (Res. 15–459; 51 DCR 2325). 

NON-DEPARTMENTAL AGENCY

To account for anticipated costs that cannot be allocated to specific agencies during the development of the proposed budget, 

$13,946,000 (including $4,000,000 from local funds and $9,946,000 

from other funds) to be transferred by the Mayor of the District of 

Columbia within the various appropriations headings in this Act: 

Provided, That $4,000,000 from local funds shall be for anticipated 

costs associated with the No Child Left Behind Act. 

EMERGENCY PLANNING AND SECURITY FUND

For Emergency Planning and Security Fund, $15,000,000 from 

funds previously appropriated in this Act under the heading ‘‘Federal Payment for Emergency Planning and Security Costs in the 

District of Columbia’’. 

OLD CONVENTION CENTER DEMOLITION RESERVE

For the Old Convention Center Demolition Reserve, such 

amounts as may be necessary, not to exceed $11,000,000, from the 

District’s general fund balance. 

TAX INCREMENT FINANCING PROGRAM

For a Tax Increment Financing Program, such amounts as are 

necessary to meet the Tax Increment Financing requirements, not to 

exceed $9,710,000 from the District’s general fund balance. 

15

EQUIPMENT LEASE OPERATING

For Equipment Lease Operating $23,109,000 from local funds: 

Provided, That for equipment leases, the Mayor may finance 

$19,453,000 of equipment cost, plus cost of issuance not to exceed 

2 percent of the par amount being financed on a lease purchase 

basis with a maturity not to exceed 5 years. 

EMERGENCY AND CONTINGENCY RESERVE FUNDS

For the emergency reserve fund and the contingency reserve 

fund under section 450A of the District of Columbia Home Rule Act 

(Public Law 98–198, as amended; D.C. Official Code, sec. 1–

204.50a), such additional amounts from the District’s general fund 

balance as are necessary to meet the balance requirements for such 

funds under section 450A. 

FAMILY LITERACY

From funds previously appropriated in this Act under the heading ‘‘Federal Payment for the Family Literacy Program’’, 

$1,000,000. 

PAY-AS-YOU-GO CAPITAL

For Pay-As-You-Go Capital funds in lieu of capital financing, 

$6,531,000 from local funds, to be transferred to the Capital Fund. 

PAY-AS-YOU-GO CONTINGENCY

For Pay-As-You-Go Contingency Fund, $43,137,000, subject to 

the Criteria for Spending Pay-As-You-Go Funding Act of 2004, approved by the Council of the District of Columbia on 1st reading, 

May 14, 2004 (Title I of Bill 15–768), there are authorized to be 

transferred from the contingency fund to certain other headings of 

this Act as necessary to carry out the purposes of this Act. Expenditures from the Pay-As-You-Go Contingency Fund shall be subject to 

the approval of the Council by resolution. 

REVISED REVENUE ESTIMATE CONTINGENCY PRIORITY

If the Chief Financial Officer for the District of Columbia certifies through a revised revenue estimate that funds are available 

from local funds, such available funds shall be expended as provided in the Contingency for Recordation and Transfer Tax Reduction and the Office of Property Management and Library Expenditures Act of 2004, approved by the Council of the District of Columbia on 1st reading, May 14, 2004 (Bill 15–768), including up to 

$2,000,000 to the Office of Property Management, 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 reVerDate jul 14 2003 21:53 Oct 06, 2004 Jkt 096243 PO 00000 Frm 00015 Fmt 6659 Sfmt 6603 E:\HR\OC\HR734.XXX HR734
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payment of loans and interest incurred for capital improvement 

projects and payable to the District’s debt service fund. For construction projects, $371,040,000, to be distributed as follows: 

$181,656,000 for the Blue Plains Wastewater Treatment Plant, 

$43,800,000 for the sewer program, $9,118,000 for the stormwater 

program, $122,627,000 for the water program, and $13,839,000 for 

the capital equipment program; in addition, $4,800,000 from funds 

previously appropriated in this Act under the heading ‘‘Federal Payment to the District of Columbia Water and Sewer Authority’’: Provided, That the requirements and restrictions that are applicable to 

general fund capital improvement projects and set forth in this Act 

under the Capital Outlay appropriation account shall apply to 

projects approved under this appropriation account. 

WASHINGTON AQUEDUCT

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

other funds. 

STORMWATER PERMIT COMPLIANCE ENTERPRISE FUND

For operation of the Stormwater Permit Compliance Enterprise 

Fund, $3,792,000 from other funds. 

LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

For the Lottery and Charitable Games Enterprise Fund, established by the District of Columbia Appropriation Act, 1982, for the 

purpose of implementing the Law to Legalize Lotteries, Daily Numbers Games, and Bingo and Raffles for Charitable Purposes in the 

District of Columbia (D.C. Law 3–172; D.C. Official Code, sec. 3–

1301 et seq. and sec. 22–1716 et seq.), $247,000,000 from other 

funds: Provided, That the District of Columbia shall identify the 

source of funding for this appropriation title from the District’s own 

locally generated revenues: Provided further, That no revenues from 

Federal sources shall be used to support the operations or activities 

of the Lottery and Charitable Games Control Board: Provided further, That the Lottery and Charitable Games Enterprise Fund is 

hereby authorized to make transfers to the general fund of the District of Columbia, in excess of this appropriation, if such funds are 

available for transfer. 

SPORTS AND ENTERTAINMENT COMMISSION

For the Sports and Entertainment Commission, $7,322,000 

from other funds: Provided, That the paragraph under the heading 

‘‘Sports and Entertainment Commission’’ in Public Law 108–199 

(118 Stat. 125) is amended by striking the term ‘‘local funds’’ and 

inserting the term ‘‘other funds’’ in its place. 

DISTRICT OF COLUMBIA RETIREMENT BOARD

For the District of Columbia Retirement Board, established pursuant to section 121 of the District of Columbia Retirement Reform 

Act of 1979 (D.C. Official Code, sec. 1–711), $15,277,000 from the 

earnings of the applicable retirement funds to pay legal, management, investment, and other fees and administrative expenses of the 

District of Columbia Retirement Board: Provided, That the District 

17

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 (in- cluding, $49,603,000 from local funds previously appropriated in 

this Act under the heading ‘‘Public Education Systems’’, 

$15,192,000 from Federal funds, $19,434,000 from other funds, and 

$873,000 from private funds): Provided, That this appropriation 

shall not be available to subsidize the education of nonresidents of 

the District of Columbia at the University of the District of Columbia, unless the Board of Trustees of the University of the District of 

Columbia adopts, for the fiscal year ending September 30, 2005, a 

tuition rate schedule that will establish the tuition rate for nonresident students at a level no lower than the nonresident tuition 

rate charged at comparable public institutions of higher education 

in the metropolitan area. 

UNEMPLOYMENT INSURANCE TRUST FUND

For the Unemployment Insurance Trust Fund, $180,000,000 

from other funds. 

OTHER POST EMPLOYEE BENEFITS TRUST FUND

For the Other Post Employee Benefits Trust Fund, $953,000 

from other funds.

DISTRICT OF COLUMBIA PUBLIC LIBRARY TRUST FUND

For the District of Columbia Public Library Trust Fund, $17,000 from other funds: Provided, That $7,000 shall be for the 

Theodore W. Noyes Trust Fund: Provided further, That $10,000 

shall be for the Peabody Trust Fund. 

CAPITAL OUTLAY

(INCLUDING RESCISSIONS)

For construction projects, an increase of $1,087,649,000, of 

which $839,898,000 shall be from local funds, $38,542,000 from 

Highway Trust funds, $37,000,000 from the Rights-of-way funds, 

18

$172,209,000 from Federal grant funds, and a rescission of 

$361,763,000 from local funds appropriated under this heading in 

prior fiscal years, for a net amount of $725,886,000, to remain 

available until expended; in addition, $6,000,000 from funds previously appropriated in this Act under the heading ‘‘Federal Payment for the Unified Communications Center’’, $3,000,000 from 

funds previously appropriated in this Act under the heading ‘‘Federal Payment for the Anacostia Waterfront Initiative’’, and 

$8,000,000 from funds previously appropriated in this Act under the 

heading ‘‘Federal Payment for Bioterrorism and Forensics Laboratory’’: Provided, That funds for use of each capital project implementing agency shall be managed and controlled in accordance 

with all procedures and limitations established under the Financial 

Management System: Provided further, That all funds provided by 

this appropriation title shall be available only for the specific 

projects and purposes intended: Provided further, That the Office of 

the Chief Technology Officer of the District of Columbia shall implement the following information technology projects on behalf of the 

District of Columbia Public Schools: Student Information System 

(project number T2240), Student Information System PCS (project 

number T2241), Enterprise Resource Planning (project number 

T2242), E-Rate (project number T2243), and SETS Expansion PCS 

(project number T2244). 

TITLE III—GENERAL PROVISIONS 

SEC. 301. Whenever in this Act, an amount is specified within 

an appropriation for particular purposes or objects of expenditure, 

such amount, unless otherwise specified, shall be considered as the 

maximum amount that may be expended for said purpose or object 

rather than an amount set apart exclusively therefor. 

SEC. 302. Appropriations in this Act shall be available for expenses of travel and for the payment of dues of organizations concerned with the work of the District of Columbia government, when 

authorized by the Mayor, or, in the case of the Council of the District of Columbia, funds may be expended with the authorization of 

the Chairman of the Council. 

SEC. 303. There are appropriated from the applicable funds of 

the District of Columbia such sums as may be necessary for making 

refunds and for the payment of legal settlements or judgments that 

have been entered against the District of Columbia government. 

SEC. 304. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly provided herein. 

SEC. 305. (a) Except as provided in subsection (b), no part of 

this appropriation shall be used for publicity or propaganda purposes or implementation of any policy including boycott designed to 

support or defeat legislation pending before Congress or any State 

legislature. 

(b) The District of Columbia may use local funds provided in 

this Act to carry out lobbying activities on any matter other than—

(1) the promotion or support of any boycott; or 

(2) statehood for the District of Columbia or voting representation in Congress for the District of Columbia. 

19

(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 the 

Committee on Appropriations of the House of Representatives 

and Senate are notified in writing 15 days in advance of the 

reprogramming. 

(b) None of the local funds contained in this Act may be available for obligation or expenditure for an agency through a transfer 

of any local funds in excess of $1,000,000 from one appropriation 

heading to another unless the Committees on Appropriations of the 

House of Representatives and Senate are notified in writing 15 days 

in advance of the transfer, except that in no event may the amount 

of any funds transferred exceed 4 percent of the local funds in the 

appropriations. 

SEC. 307. Consistent with the provisions of section 1301(a) of 

title 31, United States Code, appropriations under this Act shall be 

applied only to the objects for which the appropriations were made 

except as otherwise provided by law. 

SEC. 308. Notwithstanding any other provisions of law, the provisions of the District of Columbia Government Comprehensive 

Merit Personnel Act of 1978 (D.C. Law 2–139; D.C. Official Code, 

sec. 1–601.01 et seq.), enacted pursuant to section 422(3) of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1–

204l.22(3)), shall apply with respect to the compensation of District 

of Columbia employees. For pay purposes, employees of the District 

of Columbia government shall not be subject to the provisions of 

title 5, United States Code. 

SEC. 309. No later than 30 days after the end of the first quarter of fiscal year 2005, the Mayor of the District of Columbia shall 

submit to the Council of the District of Columbia and the Committees on Appropriations of the House of Representatives and Senate 

the new fiscal year 2005 revenue estimates as of the end of such 

quarter. These estimates shall be used in the budget request for fisVerDate jul 14 2003 21:53 Oct 06, 2004 Jkt 096243 PO 00000 Frm 00019 Fmt 6659 Sfmt 6603 E:\HR\OC\HR734.XXX HR734
20

cal year 2006. The officially revised estimates at midyear shall be 

used for the midyear report. 

SEC. 310. No sole source contract with the District of Columbia 

government or any agency thereof may be renewed or extended without opening that contract to the competitive bidding process as set 

forth in section 303 of the District of Columbia Procurement Practices Act of 1985 (D.C. Law 6–85; D.C. Official Code, sec. 2–303.03), 

except that the District of Columbia government or any agency 

thereof may renew or extend sole source contracts for which competition is not feasible or practical, but only if the determination as to 

whether to invoke the competitive bidding process has been made in 

accordance with duly promulgated rules and procedures and has 

been reviewed and certified by the Chief Financial Officer of the 

District of Columbia. 

SEC. 311. None of the Federal funds provided in this Act may 

be used by the District of Columbia to provide for salaries, expenses, 

or other costs associated with the offices of United States Senator 

or United States Representative under section 4(d) of the District of 

Columbia Statehood Constitutional Convention Initiatives of 1979 

(D.C. Law 3–171; D.C. Official Code, sec. 1–123). 

SEC. 312. None of the funds appropriated under this Act shall 

be expended for any abortion except where the life of the mother 

would be endangered if the fetus were carried to term or where the 

pregnancy is the result of an act of rape or incest. 

SEC. 313. None of the Federal funds made available in this Act 

may be used to implement or enforce the Health Care Benefits Expansion Act of 1992 (D.C. Law 9–114; D.C. Official Code, sec. 32–

701 et seq.) or to otherwise implement or enforce any system of registration of unmarried, cohabiting couples, including but not limited to registration for the purpose of extending employment, health, 

or governmental benefits to such couples on the same basis that 

such benefits are extended to legally married couples. 

SEC. 314. (a) Notwithstanding any other provision of this Act, 

the Mayor, in consultation with the Chief Financial Officer of the 

District of Columbia may accept, obligate, and expend Federal, private, and other grants received by the District government that are 

not reflected in the amounts appropriated in this Act. 

(b)(1) No such Federal, private, or other grant may be accepted, 

obligated, or expended pursuant to subsection (a) until—

(A) the Chief Financial Officer of the District of Columbia 

submits to the Council a report setting forth detailed information regarding such grant; and 

(B) the Council has reviewed and approved the acceptance, 

obligation, and expenditure of such grant. 

(2) For purposes of paragraph (1)(B), the Council shall be 

deemed to have reviewed and approved the acceptance, obligation, 

and expenditure of a grant if—

(A) no written notice of disapproval is filed with the Secretary of the Council within 14 calendar days of the receipt of 

the report from the Chief Financial Officer under paragraph 

(1)(A); or

(B) if such a notice of disapproval is filed within such 

deadline, the Council does not by resolution disapprove the acceptance, obligation, or expenditure of the grant within 30 calVerDate jul 14 2003 21:53 Oct 06, 2004 Jkt 096243 PO 00000 Frm 00020 Fmt 6659 Sfmt 6603 E:\HR\OC\HR734.XXX HR734
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endar days of the initial receipt of the report from the Chief Financial Officer under paragraph (1)(A). 

(c) No amount may be obligated or expended from the general 

fund or other funds of the District of Columbia government in anticipation of the approval or receipt of a grant under subsection 

(b)(2) or in anticipation of the approval or receipt of a Federal, private, or other grant not subject to such subsection. 

(d) The Chief Financial Officer of the District of Columbia may 

adjust the budget for Federal, private, and other grants received by 

the District government reflected in the amounts appropriated in 

this Act, or approved and received under subsection (b)(2) to reflect 

a change in the actual amount of the grant. 

(e) The Chief Financial Officer of the District of Columbia shall 

prepare a quarterly report setting forth detailed information regarding all Federal, private, and other grants subject to this section. 

Each such report shall be submitted to the Council of the District 

of Columbia and to the Committees on Appropriations of the House 

of Representatives and Senate not later than 15 days after the end 

of the quarter covered by the report. 

SEC. 315. (a) Except as otherwise provided in this section, none 

of the funds made available by this Act or by any other Act may 

be used to provide any officer or employee of the District of Columbia with an official vehicle unless the officer or employee uses the 

vehicle only in the performance of the officer’s or employee’s official 

duties. For purposes of this paragraph, the term ‘‘official duties’’ 

does not include travel between the officer’s or employee’s residence 

and workplace, except in the case of—

(1) an officer or employee of the Metropolitan Police Department who resides in the District of Columbia or is otherwise 

designated by the Chief of the Department; 

(2) at the discretion of the Fire Chief, an officer or employee 

of the District of Columbia Fire and Emergency Medical Services Department who resides in the District of Columbia and is 

on call 24 hours a day or is otherwise designated by the Fire 

Chief; 

(3) the Mayor of the District of Columbia; and 

(4) the Chairman of the Council of the District of Columbia. 

(b) The Chief Financial Officer of the District of Columbia shall 

submit by March 1, 2005, an inventory, as of September 30, 2004, 

of all vehicles owned, leased or operated by the District of Columbia 

government. The inventory shall include, but not be limited to, the 

department to which the vehicle is assigned; the year and make of 

the vehicle; the acquisition date and cost; the general condition of 

the vehicle; annual operating and maintenance costs; current mileage; and whether the vehicle is allowed to be taken home by a District officer or employee and if so, the officer or employee’s title and 

resident location. 

SEC. 316. None of the funds contained in this Act may be used 

for purposes of the annual independent audit of the District of Columbia government for fiscal year 2005 unless—

(1) the audit is conducted by the Inspector General of the 

District of Columbia, in coordination with the Chief Financial 

Officer of the District of Columbia, pursuant to section 208(a)(4) 

22

of the District of Columbia Procurement Practices Act of 1985 

(D.C. Official Code, sec. 2–302.8); and 

(2) the audit includes as a basic financial statement a comparison of audited actual year-end results with the revenues 

submitted in the budget document for such year and the appropriations enacted into law for such year using the format, terminology, and classifications contained in the law making the 

appropriations for the year and its legislative history. 

SEC. 317. (a) None of the funds contained in this Act may be 

used by the District of Columbia Corporation Counsel or any other 

officer or entity of the District government to provide assistance for 

any petition drive or civil action which seeks to require Congress to 

provide for voting representation in Congress for the District of Columbia. 

(b) Nothing in this section bars the District of Columbia Corporation Counsel from reviewing or commenting on briefs in private 

lawsuits, or from consulting with officials of the District government 

regarding such lawsuits. 

SEC. 318. (a) None of the funds contained in this Act may be 

used for any program of distributing sterile needles or syringes for 

the hypodermic injection of any illegal drug. 

(b) Any individual or entity who receives any funds contained 

in this Act and who carries out any program described in subsection 

(a) shall account for all funds used for such program separately 

from any funds contained in this Act. 

SEC. 319. None of the funds contained in this Act may be used 

after the expiration of the 60-day period that begins on the date of 

the enactment of this Act to pay the salary of any chief financial officer of any office of the District of Columbia government (including 

any independent agency of the District of Columbia) who has not 

filed a certification with the Mayor and the Chief Financial Officer 

of the District of Columbia that the officer understands the duties 

and restrictions applicable to the officer and the officer’s agency as 

a result of this Act (and the amendments made by this Act), including any duty to prepare a report requested either in the Act or in 

any of the reports accompanying the Act and the deadline by which 

each report must be submitted. The Chief Financial Officer of the 

District of Columbia shall provide to the Committees on Appropriations of the House of Representatives and Senate by the 10th day 

after the end of each quarter a summary list showing each report, 

the due date, and the date submitted to the Committees. 

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 

23

on such issue should include a ‘‘conscience clause’’ which provides 

exceptions for religious beliefs and moral convictions. 

SEC. 322. The Mayor of the District of Columbia shall submit 

to the Committees on Appropriations of the House of Representatives 

and Senate, the Committee on Government Reform of the House of 

Representatives, and the Committee on Governmental Affairs of the 

Senate quarterly reports addressing—

(1) crime, including the homicide rate, implementation of 

community policing, the number of police officers on local beats, 

and the closing down of open-air drug markets; 

(2) access to substance and alcohol abuse treatment, including the number of treatment slots, the number of people served, 

the number of people on waiting lists, and the effectiveness of 

treatment programs; 

(3) management of parolees and pre-trial violent offenders, 

including the number of halfway houses escapes and steps 

taken to improve monitoring and supervision of halfway house 

residents to reduce the number of escapes to be provided in consultation with the Court Services and Offender Supervision 

Agency for the District of Columbia; 

(4) education, including access to special education services 

and student achievement to be provided in consultation with 

the District of Columbia Public Schools and the District of Columbia public charter schools; 

(5) improvement in basic District services, including rat 

control and abatement; 

(6) application for and management of Federal grants, including the number and type of grants for which the District 

was eligible but failed to apply and the number and type of 

grants awarded to the District but for which the District failed 

to spend the amounts received; and 

(7) indicators of child well-being.

SEC. 323. (a) No later than 30 calendar days after the date of 

the enactment of this Act, the Chief Financial Officer of the District 

of Columbia shall submit to the appropriate committees of Congress, 

the Mayor, and the Council of the District of Columbia a revised appropriated funds operating budget in the format of the budget that 

the District of Columbia government submitted pursuant to section 

442 of the District of Columbia Home Rule Act (D.C. Official Code, 

sec. 1–204.42), for all agencies of the District of Columbia government for fiscal year 2005 that is in the total amount of the approved 

appropriation and that realigns all budgeted data for personal services and other-than-personal-services, respectively, with anticipated 

actual expenditures. 

(b) This section shall apply only to an agency where the Chief 

Financial Officer of the District of Columbia certifies that a reallocation is required to address unanticipated changes in program 

requirements. 

SEC. 324. None of the funds contained in this Act may be used 

to issue, administer, or enforce any order by the District of Columbia Commission on Human Rights relating to docket numbers 93–

030–(PA) and 93–031–(PA). 

SEC. 325. None of the Federal funds made available in this Act 

may be transferred to any department, agency, or instrumentality of 

the United States Government, except pursuant to a transfer made 

24

by, or transfer authority provided in, this Act or any other appropriation Act. 

SEC. 326. Notwithstanding any other law, the District of Columbia Courts shall transfer to the general treasury of the District 

of Columbia all fines levied and collected by the Courts under section 10(b)(1) and (2) of the District of Columbia Traffic Act (D.C. 

Official Code, sec. 50–2201.05(b)(1) and (2)). The transferred funds 

shall remain available until expended and shall be used by the Office of the Corporation Counsel for enforcement and prosecution of 

District traffic alcohol laws in accordance with section 10(b)(3) of 

the District of Columbia Traffic Act (D.C. Official Code, sec. 50–

2201.05(b)(3)). 

SEC. 327. None of the funds contained in this Act may be made 

available to pay—

(1) the fees of an attorney who represents a party in an action or an attorney who defends an action, including an administrative proceeding, brought against the District of Columbia 

Public Schools under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) in excess of $4,000 for that 

action; or 

(2) the fees of an attorney or firm whom the Chief Financial 

Officer of the District of Columbia determines to have a pecuniary interest, either through an attorney, officer or employee of 

the firm, in any special education diagnostic services, schools, 

or other special education service providers. 

SEC. 328. The Chief Financial Officer of the District of Columbia shall require attorneys in special education cases brought under 

the Individuals with Disabilities Act (IDEA) in the District of Columbia to certify in writing that the attorney or representative rendered any and all services for which they receive awards, including 

those received under a settlement agreement or as part of an administrative proceeding, under the IDEA from the District of Columbia. 

As part of the certification, the Chief Financial Officer of the District of Columbia shall require all attorneys in IDEA cases to disclose any financial, corporate, legal, memberships on boards of directors, or other relationships with any special education diagnostic 

services, schools, or other special education service providers to 

which the attorneys have referred any clients as part of this certification. The Chief Financial Officer shall prepare and submit quarterly reports to the Committees on Appropriations of the House of 

Representatives and Senate on the certification of and the amount 

paid by the government of the District of Columbia, including the 

District of Columbia Public Schools, to attorneys in cases brought 

under IDEA. The Inspector General of the District of Columbia may 

conduct investigations to determine the accuracy of the certifications. 

SEC. 329. Sections 11–1701(b)(5), 11–1704(b), 11–1723(b), 11–

2102(a)(2), and the second and third sentences of Section 11–1724, 

of the District of Columbia Official Code, are hereby repealed. 

SEC. 330. Section 11–1728 of the District of Columbia Official 

Code, is amended to read as follows: 

‘‘SEC. 11–1728. RECRUITMENT AND TRAINING OF PERSONNEL AND 

TRAVEL. 

‘‘(a) The Executive Officer shall be responsible for recruiting 

such qualified personnel as may be necessary for the District of CoVerDate jul 14 2003 21:53 Oct 06, 2004 Jkt 096243 PO 00000 Frm 00024 Fmt 6659 Sfmt 6603 E:\HR\OC\HR734.XXX HR734
25

lumbia 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 in- creased by no more than $15,000,000 from funds identified in the 

comprehensive annual financial report as the District’s fiscal year 

2004 unexpended general fund surplus. The District may obligate 

and expend these amounts only in accordance with the following 

conditions: 

(1) The Chief Financial Officer of the District of Columbia 

shall certify that the use of any such amounts is not anticipated 

to have a negative impact on the District’s long-term financial, 

fiscal, and economic vitality. 

(2) The District of Columbia may only use these funds for 

the following expenditures: 

(A) Unanticipated one-time expenditures. 

(B) Expenditures to avoid deficit spending. 

(C) Debt Reduction. 

(D) Unanticipated program needs. 

(E) Expenditures to avoid revenue shortfalls. 

(3) The amounts shall be obligated and expended in accordance with laws enacted by the Council in support of each such 

obligation or expenditure. 

(4) The amounts may not be used to fund the agencies of 

the District of Columbia government under court ordered receivership. 

(5) The amounts may be obligated and expended only if approved by the Committees on Appropriations of the House of 

Representatives and Senate in advance of any obligation or expenditure. 

SEC. 332. Section 450A of the District of Columbia Home Rule 

Act, approved December 24, 1973 (87 Stat. 803; D.C. Official Code, 

sec. 1–204.50a), is amended as follows: 

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

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

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

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

account (separate from other accounts in the General Fund) into 

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

October 1 of each fiscal year of such an amount as may be required to maintain a balance in the fund of at least 2 percent 

of the operating expenditures as defined in paragraph (2) of this 

subsection or such amount as may be required for deposit in a 

fiscal year in which the District is replenishing the emergency 

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

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

‘‘(2) IN GENERAL.—For the purpose of this subsection, operating expenditures is defined as the amount reported in the District of Columbia’s Comprehensive Annual Financial Report for 

the fiscal year immediately preceding the current fiscal year as 

the actual operating expenditure from local funds, less such 

26

amounts that are attributed to debt service payments for which 

a separate reserve fund is already established under this Act.’’. 

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

‘‘(7) REPLENISHMENT.—The District of Columbia shall appropriate sufficient funds each fiscal year in the budget process 

to replenish any amounts allocated from the emergency reserve 

fund during the preceding fiscal years so that not less than 50 

percent of any amount allocated in the preceding fiscal year or 

the amount necessary to restore the emergency reserve fund to 

the 2 percent required balance, whichever is less, is replenished 

by the end of the first fiscal year following each such allocation 

and 100 percent of the amount allocated or the amount necessary to restore the emergency reserve fund to the 2 percent required balance, whichever is less, is replenished by the end of 

the second fiscal year following each such allocation.’’. 

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

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

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

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

account, separate from other accounts in the General Fund, into 

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

October 1 of each fiscal year of such amount as may be required 

to maintain a balance in the fund of at least 4 percent of the 

operating expenditures as defined in paragraph (2) of this subsection or such amount as may be required for deposit in a fiscal year in which the District is replenishing the emergency reserve fund pursuant to subsection (b)(6).’’. 

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

‘‘(2) IN GENERAL.—For the purpose of this subsection, operating expenditures is defined as the amount reported in the District of Columbia’s Comprehensive Annual Financial Report for 

the fiscal year immediately preceding the current fiscal year as 

the actual operating expenditure from local funds, less such 

amounts that are attributed to debt service payments for which 

a separate reserve fund is already established under this Act.’’. 

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

‘‘(6) REPLENISHMENT.—The District of Columbia shall appropriate sufficient funds each fiscal year in the budget process 

to replenish any amounts allocated from the contingency reserve 

fund during the preceding fiscal years so that not less than 50 

percent of any amount allocated in the preceding fiscal year or 

the amount necessary to restore the contingency reserve fund to 

the 4 percent required balance, whichever is less, is replenished 

by the end of the first fiscal year following each such allocation 

and 100 percent of the amount allocated or the amount necessary to restore the contingency reserve fund to the 4 percent 

required balance, whichever is less, is replenished by the end of 

the second fiscal year following each such allocation.’’. 

SEC. 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 

27

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 CHAR- TER SCHOOL FUND.—Section 2403(b)(1) of the District of Columbia 

School Reform Act of 1995 (sec. 38–1804.03(b)(1), D.C. Official 

Code) is amended by adding at the end the following new sentence: 

‘‘Amounts in the Charter School Fund shall remain available until 

expended, and any amounts in the Fund remaining unobligated or 

unexpended at the end of a fiscal year shall not revert to the General Fund of the District of Columbia.’’. 

(b) AVAILABILITY OF ADDITIONAL LOCAL FUNDS FOR CHARTER

SCHOOL FUND.—Section 2403(b)(2)(A) of such Act (sec. 38–

1804.03(b)(2)(A), D.C. Official Code) is amended by inserting after 

‘‘District of Columbia,’’ the following: ‘‘together with any other local 

funds that the Chief Financial Officer of the District of Columbia 

certifies are necessary to carry out the purposes of the Fund during 

the fiscal year,’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply with respect to fiscal year 2005 and each succeeding fiscal year. 

SEC. 336. (a) CONTINUATION OF CERTAIN AUTHORITY OF CHIEF

FINANCIAL OFFICER.—Section 2302 of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 108–11; 117 Stat. 

593), is amended by striking ‘‘September 30, 2004’’ and inserting 

‘‘September 30, 2005’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect as if included in the enactment of the Emergency 

Wartime Supplemental Appropriations Act, 2003. 

SEC. 337. (a) Section 106(b) of the District of Columbia Public 

Works Act of 1954 (sec. 34–2401.25(b), D.C. Official Code) is amended by striking paragraph (5). 

(b) Section 212(b) of such Act (sec. 34–2112(b), D.C. Official 

Code) is amended by striking paragraph (5). 

(c) The amendments made by this section shall apply with respect to quarters occurring during fiscal year 2005 and each succeeding fiscal year. 

SEC. 338. Notwithstanding any other provision of this Act, there 

is hereby appropriated for the Office of the Inspector General such 

amounts in local funds, as are consistent with the annual estimates 

for the expenditures and appropriations necessary for the operation 

of the Office of the Inspector General as prepared by the Inspector 

28 

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 section (e) as follows— 

‘‘(e) A petition to establish a public charter school in the District 

of Columbia, or to convert a District of Columbia public school or 

an existing private or independent school, is a public document.’’. 

SEC. 342. AMENDMENTS TO CHARTER SCHOOL LAW. (a) PROCESS

FOR FILING CHARTER PETITIONS.—Section 2201 of the District of 

Columbia School Reform Act of 1995 (D.C. Code 38–1802.01) is 

amended— 

(1) in subsection (a)(3)(B), by striking ‘‘two-thirds’’ and inserting ‘‘51 percent’’; and 

(2) in subsection (b)(3)(B), by striking ‘‘two-thirds’’ and inserting ‘‘51 percent’’. 

(b) EMPLOYEES.—Section 2207 of the District of Columbia 

School Reform Act of 1995 (D.C. Code 38–1802.07) is amended by 

adding at the end the following: 

‘‘(d) TEACHERS REMAINING AT CONVERTED PUBLIC CHARTER

SCHOOLS.—A teacher employed at a District of Columbia public 

school that converts to a public charter school under section 2201 

shall have the option of remaining at the charter school during the 

school’s first year of operation after receiving an extended leave of 

absence under subsection (a)(1). After this 1-year period, the teacher 

may continue to be employed at the public charter school, at the sole 

discretion of the public charter school, or shall maintain current 

status within the District of Columbia public school system.’’. 

29

(c) PUBLIC SCHOOL SERVICES TO PUBLIC CHARTER SCHOOLS.—

Section 2209(b) of the District of Columbia School Reform Act of 

1995 (D.C. Code 38–1802.09(b)) is amended— 

(1) in paragraph (1)— 

(A) by amending subparagraph (A) to read as follows: 

‘‘(A) IN GENERAL.—Notwithstanding any other provision of law, regulation, or order relating to the disposition 

of a facility or property described in subparagraph (B), or 

to the disposition of any property of the District of Columbia, the Mayor and the District of Columbia government 

shall give a right of first offer, which right shall be annually reinstated with respect to any facility or property not 

previously disposed of, or under contract to be disposed of, 

to an eligible applicant whose petition to establish a public 

charter school has been conditionally approved under section 2203(d)(2), or a Board of Trustees, with respect to the 

purchase, lease, transfer, or use of a facility or property described in subparagraph (B).’’; 

(B) by amending subparagraph (B)(iii) to read as follows: 

‘‘(iii) With respect to which— 

‘‘(I) the Board of Education has transferred jurisdiction to the Mayor and over which the Mayor 

has jurisdiction on the effective date of this subclause; or 

‘‘(II) over which the Mayor or any successor 

agency gains jurisdiction after the effective date of 

this subclause.’’; and 

(C) by adding at the end the following: 

‘‘(C) TERMS OF PURCHASE OR LEASE.—The terms of 

purchase or lease of a facility or property described in subparagraph (B) shall— 

‘‘(i) be negotiated by the Mayor; 

‘‘(ii) include rent or an acquisition price, as applicable, that is at least 25 percent less than the appraised value of the property (based on use of the property for school purposes); and 

‘‘(iii) include a lease period, if the property is to be 

leased, of not less than 25 years, and renewable for additional 25-year periods as long as the eligible applicant or Board of Trustees maintains its charter.’’; and 

(2) in paragraph (2)(A), by striking ‘‘preference’’ and inserting ‘‘a right to first offer’’; and 

(3) by adding at the end the following: 

‘‘(3) CONVERSION PUBLIC CHARTER SCHOOLS.—Any District 

of Columbia public school that was approved to become a conversion public charter school under section 2201 before the effective date of this subsection or is approved to become a conversion public charter school after the effective date of this subsection, shall have the right to exclusively occupy the facilities 

the school occupied as a District of Columbia public school 

under a lease for a period of not less than 25 years, renewable 

for additional 25-year periods as long as the school maintains 

its charter at the non-profit rate, or if there is no non-profit 

30

rate, at 25 percent less than the fair market rate for school 

use.’’. 

SEC. 343. ANNUAL REPORT TO CONGRESS. Section 2211 of the 

School Reform Act of 1995 (D.C. Code 38–1802.11) shall be amended by: 

(1) adding the following new subparagraph at the end of 

section 2211(a)(1): 

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

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

audited financial statement required by sub-subsection 

(B)(ix) of that section.’’; and 

(2) adding the following before the period at the end of subparagraph (d): ‘‘(10) details of major Board actions; (11) major 

findings from school reviews of academic, financial, and compliance with health and safety standards and resulting Board 

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

process and outcomes; (13) summary of annual financial audits 

of all charter schools, including (a) the number of schools that 

failed to timely submit the audited financial statement required 

by that section; (b) the number of schools whose audits revealed 

a failure to follow required accounting practices or other material deficiencies; and (c) the steps taken by the authority to ensure that deficiencies found by the audits are rectified; (14) 

number of schools which have required intervention by authorizing board to address any academic or operational issue; (15) 

what recommendations an authorizing board has made to correct identified deficiencies’’. 

SEC. 344. TRANSFER TO DISTRICT OF COLUMBIA. (a) TRANSFER

OF JURISDICTION.—

(1) IN GENERAL.—Not later than 90 days after the date of 

enactment of this Act, subject to subsection (b), the Director of 

the National Park Service (referred to in this section as the 

‘‘NPS’’), acting on behalf of the Secretary of the Interior, shall 

transfer jurisdiction to the government of the District of Columbia, without consideration, the property described in paragraph 

(2). 

(2) PROPERTY.—The property referred to in paragraph (1) 

is—

(A) a portion of National Park Service land in Anacostia Park, U.S. Reservation 343, Section G, the boundaries of which are the Anacostia River to the west, Watts 

Branch to the south, Kenilworth Aquatic Gardens to the 

north, and Anacostia Avenue to the east which includes the 

community center currently occupied under permit by the 

District of Columbia known as the ‘‘Kenilworth Parkside 

Community Center’’; and 

(B) all of U.S. Reservation 523. 

(b) CONDITIONS OF TRANSFER.—

(1) TERM.—Jurisdiction will be transferred from the NPS 

to the District of Columbia. 

(2) CONDITION OF TRANSFER.—The transfer of jurisdiction 

under subsection (a)(1) shall be subject to such terms and conditions, to be included in a Declaration of Covenants to be muVerDate jul 14 2003 21:53 Oct 06, 2004 Jkt 096243 PO 00000 Frm 00030 Fmt 6659 Sfmt 6603 E:\HR\OC\HR734.XXX HR734
31

tually executed between NPS and the District of Columbia to 

ensure that the property transferred under that subsection—

(A) is used only for the provision of public recreational 

facilities, open space, or public outdoor recreational opportunities; and 

(B) nothing in this Act precludes the District of Columbia from entering into a lease for all or part of the property 

with a public not-for-profit entity for the management or 

maintenance of the property. 

(3) TERMINATION.—

(A) IN GENERAL.—The transfer under subsection (a)(1) 

shall terminate if—

(i) any term or condition of the transfer described 

in paragraph (2) or contained within the Declaration of 

Covenants described in paragraph (2) is violated, as 

determined by the NPS; and 

(ii) the violation is not corrected by the date that 

is 90 days after the date on which the Mayor of the 

District of Columbia receives from the NPS a written 

notice of the violation. 

(B) DETERMINATION OF CORRECTION.—A violation of a 

term or condition of the transfer under subsection (a)(1) 

shall be determined to have been corrected under subparagraph (A)(ii) if, after notification of the violation, the District of Columbia and the NPS enter into an agreement 

that the NPS considers to be adequate to ensure that the 

property transferred will be used in a manner consistent 

with paragraph (2). 

(4) PROHIBITION OF CIVIL ACTIONS.—No person may bring 

a civil action relating to a violation of any term or condition of 

the transfer described in paragraph (2) before the date that is 

90 days after the person notifies the Mayor of the District of Columbia of the alleged violation (including the intent of the person to bring a civil action for termination of the transfer under 

paragraph (3)). 

(5) REMOVAL OF STRUCTURES; REHABILITATION.—The transfer under subsection (a)(1) shall be subject to the condition that, 

in the event of a termination of the transfer under paragraph 

(3), the District of Columbia shall bear the cost of removing 

structures on, or rehabilitating, the property transferred. 

(6) ADMINISTRATION OF PROPERTY.—If the transfer under 

subsection (a)(1) is terminated under paragraph (3), the property covered by the transfer shall be returned to the NPS and 

administered as a unit of the National Park System in the District of Columbia in accordance with—

(A) the Act of August 25, 1916 (commonly known as the 

‘‘National Park Service Organic Act’’) (16 U.S.C. 1 et seq.); 

and 

(B) other laws (including regulations) generally applicable to units of the National Park System. 

SEC. 345. The project for the Chicago Sanitary and Ship Canal 

Dispersal Barrier, Illinois, initiated under Section 1135 of Public 

Law 99–662, is authorized at a total cost of $9,100,000 with a Federal cost of $6,825,000 and a non-Federal cost of $2,275,000. 

32 

SEC. 346. BIENNIAL EVALUATION OF CHARTER SCHOOL AUTHOR- IZING BOARDS. (a) Biennial management evaluation of the District 

of Columbia Chartering Authorities for the District of Columbia 

Public Charter Schools shall be conducted by the Comptroller General of the United States. 

(b) Evaluation shall include the following: 

(1) Establish standards to assess each authorizer’s procedures and oversight quality; 

(2) Identify gaps in oversight and recommendations; 

(3) Review processes of charter school applications; 

(4) Extent of ongoing monitoring, technical assistance, and 

sanctions provided to schools; 

(5) Compliance with annual reporting requirements; 

(6) Actual budget expenditures for the preceding two fiscal 

years; 

(7) Comparison of budget expenditures with mandated responsibilities; 

(8) Alignment with best practices; and 

(9) Quality and timeliness of meeting Section 2211(d) of the 

School Reform Act of 1995 (D.C. Code 38–1802.11(d)), as 

amended. 

(c) INITIAL INTERIM REPORT TO CONGRESS.—The Government 

Accountability Office shall submit to the Committees on Appropriations of the House of Representatives and Senate, no later than May 

1, 2005, a baseline report on the performance of each authorizer in 

meeting the requirements of the School Reform Act of 1995. 

(d) Hereafter Section 2214(f) of Public Law 104–143 (D.C. Code 

38–1802.14(f)), shall apply to the District of Columbia Board of 

Education Charter Schools Office. 

SEC. 347. CLARIFYING OPERATIONS OF PUBLIC CHARTER

SCHOOL BOARD. Section 2214 of the School Reform Act of 1995 

(Public Law 104–134; D.C. Code 38–1802.14), is amended— 

(1) by striking subsection (f) and inserting the following: 

‘‘(f) AUDIT.—The Board shall maintain its accounts according to 

Generally Accepted Accounting Principles for Not-for-Profit Organizations. The Board shall provide for an audit of the financial statements of the Board by an independent certified public accountant 

in accordance with Government auditing standards for financial 

audits issued by the Comptroller General of the United States. The 

findings and recommendations of any such audit shall be forwarded to the Mayor, the District of Columbia Council, the appropriate congressional committees, and the Office of the Chief Financial Officer.’’; and 

(2) by adding at the end the following: 

‘‘(h) CONTRACTING AND PROCUREMENT.—The Board shall have 

the authority to solicit, award, and execute contracts independently 

of the Office of Contracting and Procurement and the Chief Procurement Officer. Nothing in chapter 3 of title 2 of the District of Columbia Code shall affect the authority of the Board under this subsection.’’. 

This Act may be cited as the ‘‘District of Columbia Appropriations Act, 2005’’. 

And the Senate agree to the same. 

RODNEY FRELINGHUYSEN, 

ERNEST J. ISTOOK, Jr., 

33

RANDY ‘‘DUKE’’ CUNNINGHAM, JOHN T. DOOLITTLE, DAVE WELDON, JOHN ABNEY CULBERSON, BILL YOUNG, CHAKA FATTAH, ED PASTOR, ROBERT E. ‘‘BUD’’ CRAMER, Jr.,

DAVID R. OBEY, Managers on the Part of the House.

MIKE DEWINE,

SAM BROWNBACK,

KAY BAILEY HUTCHISON,

TED STEVENS,

MARY LANDRIEU,

DANIEL K. INOUYE,

Managers on the Part of the Senate. 

(35)

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF

CONFERENCE

The managers on the part of the House and the Senate at the 

conference on the disagreeing votes of the two Houses on the 

amendment of the Senate bill (H.R. 4850), making appropriations 

for the District of Columbia for the fiscal year ending September 

30, 2005, and for other purposes, submit the following joint statement to the House and Senate in explanation of the effect of the 

action agreed upon by the managers and recommended in the accompanying conference report. 

The conference agreement on H.R. 4850 incorporates some of 

the provisions of both the House and the Senate versions of the 

bill. Report language and allocations set forth in either House Report 108–610 or Senate Report 108–354 that are not changed by 

the conference are approved by the committee of conference. The 

statement of the managers, while repeating some report language 

for emphasis, does not negate the language referenced above unless 

expressly provided herein. 

The District of Columbia Appropriations Act, 2005, put in place 

by this bill, incorporates the following agreements of the managers: 

TITLE I—FEDERAL FUNDS 

FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

The conference agreement provides $25,600,000 for a Federal 

payment for resident tuition support as proposed by the House instead of $21,200,000 as proposed by the Senate. Further, the conferees limit administrative expenses to no more than $1,200,000 in 

fiscal year 2005. The conferees urge the District to work with the 

legislative committees of jurisdiction and the Committees on Appropriations to reauthorize this important program and to explore 

options for enhancing the effectiveness of these tuition assistance 

grants, including additional non-Federal sources. 

FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY

COSTS IN THE DISTRICT OF COLUMBIA

The conference agreement provides $15,000,000 for a Federal 

payment for emergency planning and security costs in the District 

of Columbia as proposed by the House and Senate. 

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS

The conference agreement provides $190,800,000 for a Federal 

payment to the District of Columbia Courts, instead of 

$202,110,000 as proposed by the House and $195,010,000 as proposed by the Senate. Included in this amount is $8,952,000 for the 

36

Court of Appeals, $84,948,000 for the Superior Court, $40,699,000 

for the Court System, and $56,201,000 for capital improvements. 

The conferees have provided sufficient funds for the Old Courthouse project to meet the expenditure requirements in fiscal year 

2005. The conferees are supportive of the Old Courthouse project 

and the much needed Judiciary Square renovation, and are committed to providing the needed resources for the Old Courthouse 

project within the context of the fiscal year 2006 appropriations 

process. 

The conferees agree with the financial reporting requirements 

proposed in Senate Report 108–354; however, the conferees direct 

that these reports be prepared and submitted to the Committees on 

Appropriations of the House of Representatives and Senate on a 

quarterly basis.

DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS

The conference agreement provides $38,500,000 for Defender 

Services in the District of Columbia Courts instead of $41,500,000 

as proposed by the House and $34,500,000 as proposed by the Senate. 

FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER

SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA

The conference agreement provides $180,000,000 for a Federal 

payment to the Court Services and Offender Supervision Agency 

for the District of Columbia, instead of $183,490,000 as proposed 

by the House and $182,490,000 as proposed by the Senate. 

The conferees direct that $1,100,000 included in the above 

amount is to continue to reduce supervision caseload ratios for sexoffenders, mental health, and domestic violence cases, and 

$200,000 to expand the global positioning system electronic monitoring program. 

The conferees note that many individuals leave prison and 

enter community supervision each year with histories of long-term 

substance abuse and prior supervision failure due to substance 

abuse relapse. It is estimated that 35 percent of the 2,200 individuals returning to the District of Columbia from federal prison each 

year are chronic substance abusers. These offenders are at a higher 

risk for quick substance abuse relapse and subsequent rearrest. 

Based on these facts, the conferees support CSOSA’s collaborative efforts with the D.C. government, the U.S. Parole Commission, the Office of Justice Programs and the Bureau of Prisons to 

initiate a 32-bed Pre-Release Transition Program. This six- to 

twelve-month residential treatment program will be located at the 

District of Columbia’s Correctional Treatment Facility. It will serve 

both individuals transitioning out of prison and parole violators 

who will be remanded to this program rather than returned to a 

Federal facility. The conferees urge CSOSA to continue to participate in this important program that will complement CSOSA’s existing re-entry and treatment programs by offering a meaningful 

alternative to parole revocation for the habitual substance abuser 

who has violated his or her parole, as well as enhancing the potential for success among those entering community supervision. 

37

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND

SEWER AUTHORITY

The conference agreement provides $4,800,000 for a Federal 

payment to the District of Columbia Water and Sewer Authority 

instead of $10,000,000 as proposed by the House and Senate. These 

funds are for the continued implementation of the Combined Sewer 

Overflow Long-Term Plan. 

FEDERAL PAYMENT FOR THE ANACOSTIA WATERFRONT INITIATIVE

The conference agreement provides $3,000,000 for a Federal 

payment to the District of Columbia Department of Transportation 

for design and construction of a continuous pedestrian and bicycle 

trail system from the Potomac River to the District’s border with 

Maryland as proposed by the House and Senate. 

FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING

COUNCIL

The conference agreement provides $1,300,000 for a Federal 

payment to the Criminal Justice Coordinating Council as proposed 

by the House and Senate. The amount is to remain available until 

expended as proposed by the Senate. 

FEDERAL PAYMENT FOR THE UNIFIED COMMUNICATIONS CENTER

The conference agreement provides $6,000,000 for a Federal 

payment to the District of Columbia for the Unified Communications Center instead of $7,000,000 as proposed by the Senate and 

no funds as proposed by the House. The House had included funding for the Unified Communications Center in this Act under the 

heading Federal Payment for Capital Development in the District 

of Columbia. 

FEDERAL PAYMENT FOR CAPITAL DEVELOPMENT IN THE DISTRICT OF

COLUMBIA

The conference agreement provides no funding for capital development as proposed by the Senate instead of $7,000,000 as proposed by the House. The conferees have provided $6,000,000 for the 

Unified Communications Center under the heading Federal Payment for the Unified Communications Center. 

FEDERAL PAYMENT FOR TRANSPORTATION ASSISTANCE

The conference agreement provides $2,500,000 for a Federal 

payment to the District of Columbia Department of Transportation 

for transportation assistance as proposed by the Senate. The House 

bill contained no similar provision. Included in this amount is 

$1,500,000 to assist the District with its annual operating payment 

to the Washington Metropolitan Area Transit Authority, and 

$1,000,000 for the District’s Downtown Circulator. 

The conferees are supportive of the efforts of the District of Columbia Department of Transportation (DDOT) to implement the 

Downtown Circulator. The conferees encourage the DDOT to conVerDate jul 14 2003 21:53 Oct 06, 2004 Jkt 096243 PO 00000 Frm 00037 Fmt 6601 Sfmt 6601 E:\HR\OC\HR734.XXX HR734
38

sider all bid proposals, including those of private bus operators, for 

carrying out some elements of this service. 

FEDERAL PAYMENT FOR PUBLIC SCHOOL LIBRARIES

The conference agreement provides $6,000,000 for a Federal 

payment to the District of Columbia Public Schools for public 

school libraries subject to a one-to-one match by the District of Columbia Public Schools as proposed by the House. The Senate had 

no similar provision. The conference agreement adopts by reference 

language accompanying these funds as recommended in House report 108–610. 

FEDERAL PAYMENT FOR THE FAMILY LITERACY PROGRAM

The conference agreement provides $1,000,000 for a Federal 

payment to the District of Columbia for a family literacy program 

subject to a 100 percent match with local funds as proposed by the 

House. The Senate had no similar provision. 

FEDERAL PAYMENT FOR FOSTER CARE IMPROVEMENTS IN THE

DISTRICT OF COLUMBIA

The conference agreement provides $5,000,000 for a Federal 

payment for foster care improvements in the District of Columbia 

as proposed by the House and Senate. The conferees have included 

the following distribution of funds: $3,250,000 for the District of 

Columbia Child and Family Services Agency, of which $2,000,000 

is for an intensive, early intervention program, $750,000 is for 

emergency support, and $500,000 is for technology upgrades; 

$1,250,000 is for the District’s Department of Mental Health; and 

$500,000 is for the Washington Metropolitan Council of Governments for respite care. The District is directed to implement this 

program based on the direction provided in Senate Report 108–354. 

FEDERAL PAYMENT TO THE OFFICE OF THE CHIEF FINANCIAL

OFFICER OF THE DISTRICT OF COLUMBIA

The conference agreement provides $32,500,000 for a Federal 

payment to the Office of the Chief Financial Officer of the District 

of Columbia as proposed by the Senate instead of $19,000,000 as 

proposed by the House. These funds are for programs and activities 

that include, but are not limited to, support for economic development and infrastructure in the District, and the health, education, 

and job training needs of District residents and are to be allocated 

as follows:

Project Name Amount 

Capitol Hill Arts Workshop/capital improvements ............................. $150,000 

Center for Inspired Teaching/professional development .................... 150,000 

Chesapeake Veterans Hospital/capital development .......................... 250,000 

SEED Foundation/urban boarding school model ................................ 150,000 

Teacher Advancement Program/expand programs with DCPS and 

charter schools .................................................................................... 200,000 

See Forever Foundation/after school programs ................................... 250,000 

Court Appointed Special Advocates ..................................................... 300,000 

Capitol Hill Cluster School ................................................................... 300,000 

Girl Scout Council/capital improvements and scholarships ............... 700,000 

National Campaign to Prevent Teen Pregnancy/with Uhlich Children’s Advantage Network ................................................................ 300,000 

39

Project Name Amount 

Building Bridges Across the River/capital improvements .................. 300,000 

Calvary Bilingual Multicultural Learning Center tuition assistance 400,000 

Environmental Active Cap Project remediation of the Anacostia 

River .................................................................................................... 400,000 

Southeastern University/information technology and increasing enrollment ............................................................................................... 450,000 

National Capital Children’s Museum/exhibit development ............... 500,000 

Old Naval Hospital Foundation/capital development ......................... 700,000 

Washington Area Women’s Foundation/financial independence initiative .................................................................................................. 1,000,000 

National Trust for Historic Preservation Lincoln Cottage/capital development ............................................................................................ 1,000,000 

National Composite Center/bridges along the Anacostia/subject to a 

match by DDOT ................................................................................. 1,000,000 

Discovery Creek Children’s Museum/educational programs .............. 400,000 

DC Poison Control Center/operations .................................................. 450,000 

Children’s Health Fund/mobile van ..................................................... 400,000 

DC Commission on the Arts/Main Street Arts Initiative ................... 400,000 

First Book Program ............................................................................... 200,000 

National Safe Kids Campaign .............................................................. 300,000 

Teach for America, DC .......................................................................... 200,000 

All Faith Consortium/substance abuse services .................................. 200,000 

Shakespeare Theater/capital development .......................................... 900,000 

Gospel Rescue Mission/capital development ........................................ 300,000 

Second Chance Employment Services .................................................. 450,000 

Washington Opera/educational outreach ............................................. 400,000 

Teen Connection .................................................................................... 900,000 

Barracks Row Inc/capital development ................................................ 500,000 

Whitman-Walker Clinic ........................................................................ 600,000 

Gonzaga College/capital development .................................................. 400,000 

National Center for Manufacturing Sciences ...................................... 400,000 

Center for Mental Health/family health model ................................... 400,000 

Council for Court Excellence ................................................................. 200,000 

Unity Health Care/patient educational project ................................... 650,000 

World Vision/Kids in Need of Community Storehouse ....................... 400,000 

Read Net Foundation ............................................................................ 400,000 

Kingsman Charter School ..................................................................... 200,000 

ARISE Foundation/life management skills ......................................... 300,000 

SURE Foundation/library and community resources ......................... 100,000 

Children’s Hospital/capital development lab ....................................... 400,000 

Values First Inc ..................................................................................... 250,000 

Best Friends Foundation ....................................................................... 250,000 

Everybody Wins ..................................................................................... 150,000 

Greater DC Task Force on Trafficking in Persons ............................. 120,000 

Women’s Center/family strengthening program initiative ................. 850,000 

Institute for Educational Equity and Opportunity/advocate research initiative .................................................................................. 250,000 

Educational Advancement Alliance/civic education project ............... 250,000 

Caribbean American Mission for Educational Research and Action 350,000 

Capital City Careers Federal Industry Academies ............................. 200,000 

Catalyst Inc/teacher feeder program at Jefferson High School ......... 200,000 

Foundation for Advancement of African Americans in Film ............. 250,000 

Church of Epiphany/support our schools program .............................. 150,000 

Fort Dupont Hockey Club/kids at risk ................................................. 80,000 

STEED youth education and recreation program ............................... 350,000 

Jewish Council for Public Affairs/resource initiative for low-moderate income families ......................................................................... 500,000 

Eastern Market renovation ................................................................... 250,000 

National Children’s Alliance/capital development .............................. 500,000 

Capital Area Food Bank/capital development ..................................... 300,000 

Perry School Community Services ....................................................... 150,000 

Dance Institute of Washington ............................................................. 150,000 

Bach to School ........................................................................................ 100,000 

STRIVE/job readiness program ............................................................ 100,000 

Volunteers for Abused and Neglected Children .................................. 100,000 

American Community Partnership ...................................................... 100,000 

Latin American Youth Center .............................................................. 100,000 

40

Project Name Amount 

For Love of Children/Thurgood Marshall Center Youth Technology 

program ............................................................................................... 100,000 

One Economy/Digital Inclusion Initiative ............................................ 200,000 

City Year’s Reading for Success/literacy program .............................. 100,000 

Children’s Hospital/capital development ............................................. 5,000,000 

St. Coletta of Greater Washington/capital development .................... 2,000,000 

Chief Financial Officer/project reviews ................................................ 100,000

TOTAL ......................................................................................... 32,500,000

The agreement includes $100,000 to the Office of the Chief Financial Officer (OCFO) to review all entities that are receiving 

funding under this heading. The conferees expect that the OCFO 

will report to the Committees on Appropriations of the House of 

Representatives and Senate on the financial status of these organizations and how they have used Federal funds provided under this

heading. The conferees expect all entities receiving funds to provide 

proper access to records as is necessary for the OCFO to carry out 

these reviews. 

Each entity that receives funding under this heading is to submit to the Committees on Appropriations of the House of Representatives and Senate, a report on the activities to be carried out 

with such funds no later than March 15, 2005. The House bill contained no similar provision. 

The conferees are concerned about the deteriorating state of 

the historic Civil War-era cavalry barn on the campus of St. Elizabeth’s and direct the District’s Office of Planning to submit a plan 

to the Committees on Appropriations, within 60 days of the date 

of enactment of this Act, to protect, repair and make effective reuse of the barn. The conferees understand that the Friends of St. 

Elizabeth’s Cavalry Barn have recommended restoring the cavalry 

barn for use by the Metropolitan Police Department’s Horse Mounted Patrol and directs the Office of Planning, in cooperation with 

the Metropolitan Police Department, to include an evaluation of the 

feasibility of this proposal as part of the aforementioned plan. 

FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

The conference agreement includes $40,000,000 for a Federal 

payment for a school improvement program in the District of Columbia as proposed by the House and Senate. Included in this 

amount is $13,000,000 for the District of Columbia Public Schools 

to improve public school education; $13,000,000, to remain available until September 30, 2006, for the State Education Office to expand quality charter schools in the District of Columbia; and 

$14,000,000 for the Secretary of the Department of Education to 

provide opportunity scholarships for students in the District of Columbia. 

The conferees direct that the $13,000,000 provided to the District of Columbia Public Schools shall be allocated as follows: not 

less than $2,000,000 shall be used to establish a new incentive 

fund designed to reward high performing or significantly improved 

public schools; not less than $2,000,000 shall be used to support 

the Transformation School Initiative directed to schools in need of 

improvement; the remaining amounts shall be used by the Superintendent of the District of Columbia Public Schools to contract for 

management and consulting services and implement reforms, and 

41

to provide grants to schools which are not eligible under either the 

incentive fund or the Transformation School Initiative. 

The conferees direct that $13,000,000 provided to the State 

Education Office to expand public charter schools in the District of 

Columbia shall be distributed as follows: $2,000,000 for the City 

Build Initiative to create neighborhood-based charter schools; 

$2,750,000 for the Credit and Direct Loan Program for charter 

schools; $150,000 for administrative expenses of the Office of Charter School Financing and Support to expand outreach and support 

of charter schools; $100,000 for the D.C. Public Charter School Association to enhance the quality of charter schools; $4,000,000 for 

the development of an incubator facility for public charter schools; 

$2,000,000 for a charter school college preparatory program to be 

implemented by the Educational Advancement Alliance in consultation with the D.C. Public Charter School Association; and 

$2,000,000 for a new incentive fund to reward high performing or 

significantly improved public charter schools. 

The conferees strongly encourage the District of Columbia 

Chartering Authorities for the District of Columbia Public Charter 

Schools and the Chief Financial Officer of the District of Columbia 

to enter into a memorandum of understanding to govern annual financial audits of local and Federal funding to charter schools in the 

District of Columbia. 

The $2,000,000 provided to the Educational Advancement Alliance in consultation with the D.C. Public Charter School Association is for the implementation of a comprehensive college preparatory program to be made available to all 9th through 12th 

grade students attending public charter schools within the District 

of Columbia and authorized by either public school chartering authority. It is the intent of the conferees that this program should 

provide direct early college awareness services to those students 

and parents preparing and planning for higher education by offering activities that include, but are not limited to, assistance with 

dual/concurrent course enrollment, pre-college advising, financial 

aid counseling, PSAT, SAT, and ACT test preparation, college application assistance, and career exploration and leadership development. 

The conferees recognize Sallie Mae for their commitment to the 

District of Columbia’s charter schools and their utilization of innovative approaches to encourage private investment. 

The conference agreement adopts by reference language accompanying these funds as recommended in Senate Report 108–354. 

The conference agreement also includes six general provisions that 

are designed to enhance oversight of charter schools.

FEDERAL PAYMENT FOR BIOTERRORISM AND FORENSICS LABORATORY

The conference agreement provides $8,000,000 for a Federal 

payment to the District of Columbia for the bioterrorism and 

forensics laboratory as proposed by the Senate. The conferees direct 

the District to provide at least $2,300,000 of local funds for this 

purpose. The House bill contained no similar provision. 

42

TITLE II—DISTRICT OF COLUMBIA FUNDS 

OPERATING EXPENSES 

DIVISION OF EXPENSES

The conference agreement provides that operating expenses for 

the District of Columbia for fiscal year 2005 shall not exceed 

$6,199,114,000, of which $4,165,485,000 is from local funds, 

$1,687,554,000 is from Federal grant funds, $332,761,000 is from 

other funds, and $13,314,000 is from private funds as proposed by 

the House instead of $7,206,164,000, of which $4,215,088,000 is 

from local funds, $1,762,046,000 is from Federal funds, 

$1,214,843,000 is from other funds, and $14,817,000 is from private 

funds and an intra-district amount of $435,054,000 as proposed by 

the Senate. In addition, the agreement includes $114,900,000 from 

funds previously appropriated in this Act as Federal payments, instead of $98,900,000 as proposed by the House and $186,900,000 

as proposed by the Senate. 

GOVERNMENTAL DIRECTION AND SUPPORT

The conference agreement provides $416,069,000 for govern- mental direction and support, including $261,068,000 from local 

funds, $100,256,000 from Federal grant funds, and $54,745,000 

from other funds as proposed by both the House and Senate. In addition, the agreement includes $33,000,000 from funds previously 

appropriated in this Act as Federal payments, instead of 

$19,500,000 as proposed by the House and $52,500,000 as proposed 

by the Senate. These Federal payment funds are allocated as follows: 

Washington Metropolitan Council of Governments.—$500,000 

for foster care improvements. 

Office of the Chief Financial Officer.—$32,500,000 to support 

economic development and infrastructure in the District, and the 

health, education, and job training needs of District residents. 

The conference agreement once again includes a provision that 

extends through fiscal year 2005, the authority of the Office of the 

Chief Financial Officer (OCFO) over personnel, procurement, and 

the preparation of fiscal impact statements. This authority continues to exempt all aspects of the OCFO’s contracting and procurement from the District of Columbia’s Procurement Practices 

Act. It is the intent of the conferees that the OCFO continue to exercise its exemption during the post control board period. 

ECONOMIC DEVELOPMENT AND REGULATION

The conference agreement provides $334,745,000 for economic 

development and support, including $55,764,000 from local funds, 

$93,050,000 from Federal grant funds, $185,806,000 from other 

funds, and $125,000 from private funds as proposed by both the 

House and Senate. 

PUBLIC SAFETY AND JUSTICE

The conference agreement provides $797,423,000 for public 

safety and justice, including $760,849,000 from local funds, 

43

$6,599,000 from Federal grant funds, $29,966,000 from other 

funds, and $9,000 from private funds as proposed by the House instead of $798,723,000, including $760,849,000 from local funds, 

$7,899,000 from Federal funds, $29,966,000 from other funds, and 

$9,000 from private funds as proposed by the Senate. In addition, 

the agreement includes $1,300,000 from funds previously appropriated in this Act as Federal payments as proposed by the House 

and Senate. 

Criminal Justice Coordinating Council.—$1,300,000 to support 

initiatives related to the coordination of Federal and local criminal 

justice resources in the District of Columbia. 

PUBLIC EDUCATION SYSTEM

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $1,223,424,000 for the pub- lic education system, including $1,058,709,000 from local funds, 

$151,978,000 from Federal grant funds, $8,957,000 from other 

funds, and $3,780,000 from private funds as proposed by the House 

instead of $1,266,424,000, including $1,058,709,000 from local 

funds, $194,979,000 from Federal funds, $8,957,000 from other 

funds, and $3,780,000 from private funds. In addition, the agreement includes $57,600,000 from funds previously appropriated in 

this Act as Federal payments as proposed by the House, instead of 

$54,500,000 as proposed by the Senate. These Federal payment 

funds are allocated as follows:

District of Columbia Public Schools.—$6,000,000 for public school libraries and $13,000,000 for school improvement. 

State Education Office.—$13,000,000 for school improvement and $25,600,000 for resident tuition support. 

District of Columbia Public Schools.—The allocation includes 

$888,944,000 for District of Columbia public schools, including 

$760,494,000 from local funds, $117,450,000 from Federal grant 

funds, $7,330,000 from other funds, $3,670,000 from private funds 

as proposed by the House instead of $901,944,000, including 

$760,494,000 from local funds, $130,450,000 from Federal grant 

funds, $7,330,000 from other funds, and $3,670,000 from private 

funds. In addition, the agreement includes $19,000,000 from funds 

previously appropriated in this Act as Federal payments as proposed by the House instead of $13,000,000 as proposed by the Senate. 

Teachers Retirement Fund.—The allocation includes $9,200,000 

for the Teachers Retirement Fund as proposed by the House and 

Senate. 

State Education Office.—The allocation includes $43,104,000 

for the State Education Office, including $10,015,000 from local 

funds, $32,913,000 from Federal grant funds, and $176,000 from 

other funds as proposed by the House instead of $73,104,000, including $10,015,000 from local funds, $62,914,000 from Federal 

grant funds, and $176,000 from other funds as proposed by the 

Senate. In addition, the agreement includes $38,600,000 from 

funds previously appropriated in this Act as Federal payments as 

proposed by the House instead of $40,500,000 as proposed by the 

Senate. 

44

District of Columbia Public Charter Schools.—The allocation 

includes $196,802,000 from local funds for District of Columbia 

public charter schools as proposed by both the House and Senate. 

University of the District of Columbia.—The allocation includes 

$49,602,000 for the University of the District of Columbia as proposed by both the House and Senate. 

District of Columbia Public Libraries.—The allocation includes 

$30,831,000 for District of Columbia public libraries, including 

$28,978,000 from local funds, $1,093,000 from Federal grant funds, 

$651,000 from other funds as proposed by both the House and Senate, and $110,000 from private funds as proposed by the House. 

Commission on the Arts and Humanities.—The allocation includes $4,941,000 for the Commission on the Arts and Humanities, 

including $3,618,000 from local funds, $523,000 from Federal grant 

funds, and $800,000 from other funds as proposed by both the 

House and Senate. 

HUMAN SUPPORT SERVICES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes $2,533,825,000 for human 

support services, including $1,165,314,000 from local funds, 

$1,331,670,000 from Federal grant funds, $27,441,000 from other 

funds, and $9,400,000 from private funds as proposed by both the 

House and Senate. In addition, the agreement includes $4,500,000 

from funds previously appropriated in this Act as Federal payments as proposed by the House instead of $5,000,000 as proposed 

by the Senate. These Federal payment funds are allocated as follows: 

Department of Mental Health.—$1,250,000 for foster care improvements.

Child and Family Services Agency.—$3,250,000 for foster care 

improvements. 

PUBLIC WORKS

The conference agreement includes $331,936,000 for public 

works, including $312,035,000 from local funds, $4,000,000 from 

Federal grant funds, and $15,901,000 from other funds as proposed 

by both the House and Senate. In addition, the agreement includes 

$2,500,000 from funds previously appropriated in this Act as Federal payments instead of $5,000,000 as proposed by the Senate. 

The House bill contained no similar provision. These Federal payment funds are allocated as follows: 

Department of Transportation.—$2,500,000 for transportation 

assistance. 

CASH RESERVE

The conference agreement includes $50,000,000 from local 

funds for the cumulative cash reserve as proposed by both the 

House and Senate. 

45

REPAYMENT OF LOANS AND INTEREST

The conference agreement provides $347,700,000 from local 

funds for repayment of loans and interest as proposed by both the 

House and Senate. 

PAYMENT OF INTEREST ON SHORT-TERM BORROWING

The conference agreement provides $4,000,000 from local funds 

for payment on short-term borrowing as proposed by both the 

House and Senate. 

CERTIFICATES OF PARTICIPATION

The conference agreement provides $11,252,000 from local 

funds for certificates of participation as proposed by both the House 

and Senate. 

SETTLEMENTS AND JUDGMENTS

The conference agreement provides $20,270,000 from local 

funds for settlements and judgments as proposed by both the 

House and Senate. 

WILSON BUILDING

The conference agreement provides $3,633,000 from local funds 

for the Wilson building as proposed by both the House and Senate. 

WORKFORCE INVESTMENTS

The conference agreement provides $38,114,000 from local 

funds for workforce investments as proposed by both the House 

and Senate. 

NON-DEPARTMENTAL AGENCY

The conference agreement includes $13,946,000 for the NonDepartmental Agency, including $4,000,000 from local funds and 

$9,946,000 from other funds as proposed by both the House and 

Senate. 

EMERGENCY PLANNING AND SECURITY FUND

The conference agreement provides $15,000,000 from funds 

previously appropriated in this Act under the heading Federal Payment for Emergency Planning and Security costs as proposed by 

both the House and Senate. 

OLD CONVENTION CENTER DEMOLITION RESERVE

The conference agreement provides not to exceed $11,000,000 

from the general fund balance for the old convention center demolition reserve as proposed by the Senate. The House had no similar 

provision. 

46 

TAX INCREMENT FINANCING PROGRAM

The conference agreement provides $9,710,000 from local funds 

for a tax increment-financing program as proposed by both the 

House and Senate. 

EQUIPMENT LEASE OPERATING

The conference agreement provides $23,109,000 for equipment 

lease operating from local funds as proposed by the House. The 

Senate had no similar provision. 

EMERGENCY AND CONTINGENCY RESERVE FUNDS

The conference agreement provided such amounts from local 

funds as are necessary to meet the balance requirements for the 

emergency reserve fund and the contingency reserve fund as proposed by both the House and Senate. 

FAMILY LITERACY

The conference agreement provides $1,000,000 for the Family 

Literacy Program as proposed by the House. The Senate had no 

similar provision. 

PAY-AS-YOU-GO CAPITAL

The conference agreement includes $6,531,000 from local funds 

for pay-as-you-go capital as proposed by both the House and Senate. In addition, the conference agreement includes language allowing the transfer of funds to other headings in this Act as proposed 

by the Senate. The House had no similar provision. 

PAY-AS-YOU-GO CONTINGENCY

The conference agreement includes $43,137,000 subject to the 

Criteria for Spending Pay-As-You-Go Funding Act as proposed by 

both the House and Senate. 

REVISED REVENUE ESTIMATE CONTINGENCY PRIORITY

The conference agreement provides that if the Chief Financial 

Officer certifies, through a revised revenue estimate, that funds are 

available from local funds, such funds will be expended based on 

the Contingency for Recordation and Transfer Tax Reduction and 

the Office of Property Management and Library Expenditures Act 

as proposed by both the House and Senate. 

ENTERPRISE AND OTHER FUNDS 

WATER AND SEWER AUTHORITY

The conference agreement provides $287,206,000 from other 

funds for the Water and Sewer Authority as proposed by the Senate instead of $275,289,000 as proposed by the House. The agreement also includes $371,040,000 from other funds for construction 

projects as proposed by both the House and Senate. In addition, the 

agreement includes $4,800,000 from funds previously appropriated 

47

in this Act as a Federal payment for the combined sewer overflow 

long-term plan, as proposed by the House and the Senate. 

WASHINGTON AQUEDUCT

The conference agreement includes $47,972,000 from other 

funds for the Washington Aqueduct as proposed by both the House 

and Senate. 

STORMWATER PERMIT COMPLIANCE ENTERPRISE FUND

The conference agreement includes $3,792,000 from other 

funds for the Stormwater Permit Compliance Enterprise Fund as 

proposed by both the House and Senate. 

LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

The conference agreement includes $247,000,000 from other 

funds for the Lottery and Charitable Games Enterprise Fund as 

proposed by both the House and Senate. 

SPORTS AND ENTERTAINMENT COMMISSION

The conference agreement includes $7,322,000 from local funds 

for the Sports and Entertainment Commission as proposed by both 

the House and Senate.

DISTRICT OF COLUMBIA RETIREMENT BOARD

The conference agreement includes $15,277,000 for the District 

of Columbia Retirement Board from other funds as proposed by 

both the House and Senate. 

WASHINGTON CONVENTION CENTER ENTERPRISE FUND

The conference agreement includes $77,176,000 from other 

funds for the Washington Convention Center Enterprise Fund as 

proposed by both the House and Senate. 

NATIONAL CAPITAL REVITALIZATION CORPORATION

The conference agreement includes $7,850,000 from other 

funds for the National Capital Revitalization Corporation as proposed by both the House and Senate. 

UNIVERSITY OF THE DISTRICT OF COLUMBIA

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

UNEMPLOYMENT INSURANCE TRUST FUND

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

48

OTHER POST EMPLOYEE BENEFITS TRUST FUND

The conference agreement includes $953,000 for the Other Post 

Employee Benefits Trust Fund as proposed by the House and Senate. The title of the account is agreed to as ‘‘Other Post Employee 

Benefits Trust Fund’’ as proposed by the House instead of ‘‘District 

of Columbia Personnel Trust Fund’’ as proposed by the Senate. 

DISTRICT OF COLUMBIA PUBLIC LIBRARY TRUST FUND

The conference agreement includes $17,000 for the District of 

Columbia Public Library Trust Fund as proposed by the House and 

Senate. The title of this account is agreed to as ‘‘District of Columbia Public Library Trust Fund’’ as proposed by the Senate instead 

of the abbreviation as proposed by the House. 

CAPITAL OUTLAY 

(INCLUDING RESCISSIONS)

The conference agreement includes $1,087,649,000 for capital outlays, including $839,898,000 from local funds, $38,542,000 from 

Highway Trust funds, $37,000,000 from the Rights-of-way funds, 

$172,209,000 from Federal grant funds, and a rescission of 

$361,763,000 from local funds appropriated under this heading in 

prior years as proposed by the House instead of $839,897,000 from 

local funds and $367,763,000 from local funds previously appropriated as proposed by the Senate. All other amounts were in 

agreement. In addition, the agreement includes from funds previously appropriated in this Act as Federal payments, $3,000,000 

for the Anacostia Waterfront Initiative; $6,000,000 for the Unified 

Communications Center, and $8,000,000 for the Bioterrorism and 

Forensics Laboratory. 

TITLE III—GENERAL PROVISIONS 

The conference agreement changes the section numbers and 

makes technical corrections to several provisions. 

The conference agreement excludes a provision as proposed by 

the Senate (Sec. 305) that requires the reporting of employee payroll information to various congressional committees and the D.C. 

Council. The House bill contained no similar provision.

The conference agreement includes the language in Sec. 105(a) 

as proposed by the House, and changes the section number to Sec. 

305, to prohibit the use of any funds in the Act for publicity or 

propaganda purposes or implementation of any policy including 

boycott designed to support or defeat legislation pending before 

Congress or any State legislature. The Senate bill (Sec. 306) proposed the use of local funds for this purpose. 

Also in Sec. 305, the conference agreement includes the language in Sec. 105(b) as proposed by the House to allow the use of 

local funds to carry out lobbying activities on any matter except the 

promotion or support of any boycott, statehood for the District or 

voting representation in Congress. The Senate bill (Sec. 307) proposed the use of local funds for these purposes. 

The conference agreement includes the language in Sec. 115 as 

proposed by the House, and changes the section number to Sec. 

49

315, relating to restrictions on the use of official vehicles. The Senate bill included a similar provision (Sec. 317). 

The conference agreement includes the language in Sec. 117 as 

proposed by the House, and changes the section number to Sec. 

317, that prohibits the use of appropriated funds by the Corporation Counsel or any other office or entity of the District government 

to provide assistance for any petition drive or civil action which 

seeks to require Congress to provide for voting representation in 

Congress for the District of Columbia. The Senate bill (Sec. 319) allowed the use of local funds for this purpose. 

The conference agreement includes the language in Sec. 118 as 

proposed by the House, and changes the section number to Sec. 

318, to prohibit the use of any funds contained in this Act for needle exchange programs. The Senate bill (Sec. 320) allowed the use 

of local funds for such programs. 

The conference agreement includes the language in Sec. 125 as 

proposed by the House, and changes the section number to Sec. 

325, to prohibit the transfer of Federal funds in this Act without 

appropriate authority. The Senate bill contained no similar provision. 

The conference agreement includes the language in Sec. 331 as 

proposed by the Senate, and changes the section number to Sec. 

329, to repeal certain sections of the District of Columbia Official 

Code to eliminate certain bonding requirements for court officers. 

The House bill (Sec. 136) proposed similar language. 

The conference agreement includes the language in Sec. 332 as 

proposed by the Senate, and changes the section number to Sec. 

330, to amend the District of Columbia Official Code to allow the 

D.C. Courts to take advantage of the Federal program of discounted airfares. The House bill (Sec. 137) proposed similar language. 

The conference agreement includes the language in Sec. 129 as 

proposed by the House, and changes the section number to Sec. 

331, that provides for appropriations in this Act to be increased by 

no more than $15,000,000 from unexpended general funds and sets 

forth certain criteria for the use of the funds. The Senate bill contained no similar provision. 

The conference agreement includes the language in Sec. 333 as 

proposed by the Senate, and changes the section number to Sec. 

332, to amend section 450A of the District of Columbia Home Rule 

Act relating to emergency and contingency reserve funds. The 

House bill (Sec. 130) proposed similar language. 

The conference agreement includes the language in Sec. 334 as 

proposed by the Senate related to re-calculating the District’s emergency and contingency cash reserve funds, and changes the section 

number to Sec. 333. The House bill (Sec. 131) proposed similar language. 

The conference agreement includes the language in Sec. 132 as 

proposed by the House, and changes the section number to Sec. 

334, to amend language that authorizes expenses associated with 

the processing of retirement and disability payments. The Senate 

bill (Sec. 335) proposed similar language. 

The conference agreement includes the language in Sec. 133 as 

proposed by the House, and changes the section number to Sec. 

50

335, to clarify that all funds placed within the charter school fund 

are appropriated funds for the purpose. The Senate bill contained 

no similar provision. 

The conference agreement includes the language in Sec. 134 as 

proposed by the House, and changes the section number to Sec. 

336, to extend authority of the Chief Financial Officer. The Senate 

bill (Sec. 337) proposed similar language. 

The conference agreement includes the language in Sec. 135 as 

proposed by the House, and changes the section number to Sec. 

337, to eliminate certain Federal agency reporting requirements relating to payments to the District of Columbia Water and Sewer 

Authority. The Senate bill (Sec. 330) proposed similar language. 

The conference agreement includes the language in Sec. 336 as 

proposed by the Senate, and changes the section number to Sec. 

338, relating to funding for the operation of the Office of the Inspector General. The House bill (Sec. 138) proposed similar language. 

The conference agreement includes the language in Sec. 338 as 

proposed by the Senate, and changes the section number to Sec. 

339, that amends language relating to the Federal payment for incentives for the adoption of children. The House bill contained no 

similar provision. 

The conference agreement includes the language in Sec. 339 as 

proposed by the Senate, and changes the section number to Sec. 

340, to allow the Office of Charter School Financing and Support 

to use Federal credit enhancement or direct loan funds to provide 

guarantees for charter schools. The House bill contained no similar 

provision. 

The conference agreement includes the language in Sec. 340 

and Sec. 341 as proposed by the Senate, and changes the section 

numbers to Sec. 341 and Sec. 342, to amend the District of Columbia School Reform Act of 1995 to further support and expand charter schools in the District. The language modifies the process for 

filing charter school petitions and encourages public schools to convert to charter schools. In addition, the language requires that a 

public school which converts to a public charter school may retain 

the facility which it occupied as a public school. The House bill contained no similar provisions. 

The conference agreement includes the language in Sec. 342 as 

proposed by the Senate, and changes the section number to Sec. 

343, to clarify the auditing procedures of the District of Columbia 

Public Charter School Board and increase oversight and accountability. The House bill contained no similar provision. 

The conference agreement modifies the language in Sec. 323 as 

proposed by the Senate, and changes the section number to Sec. 

344 to provide authority for the transfer of certain property in the 

District of Columbia. The House bill contained no such provision. 

The conference agreement includes language in Sec. 345 that 

changes the amount of Federal funds that may be expended for the 

Chicago Sanitary and Ship Canal Dispersal Barrier. 

The conference agreement includes the language in Sec. 344 as 

proposed by the Senate, and changes the section number to Sec. 

346, to establish a biennial evaluation of the District of Columbia 

51 

chartering authorities for the District of Columbia public charter 

schools. The House bill contained no such provision. 

The conference agreement includes the language in Sec. 345 as 

proposed by the Senate, and changes the section number to Sec. 

347, to clarify the operations of the Public Charter School Board relating to auditing and contracting and procurement. The House bill 

contained no such provision. 

CONFERENCE TOTAL—WITH COMPARISONS

The total new budget (obligational) authority for the fiscal year 

2005 recommended by the Committee of Conference, with comparisons to the fiscal year 2004 amount, the 2005 budget estimates, 

and the House and Senate bills for 2005 follow: 

[In thousands of dollars] 

New budget (obligational) authority, fiscal year 2004 ........................ $541,783 

Budget estimates of new (obligational) authority, fiscal year 2005 560,359 

House bill, fiscal year 2005 ................................................................... 560,000 

Senate bill, fiscal year 2005 .................................................................. 560,000 

Conference agreement, fiscal year 2005 .............................................. 560,000 

Conference agreement compared with: 

New budget (obligational) authority, fiscal year 2004 ................ +18,217 

Budget estimates of new (obligational) authority, fiscal year 

2005 .............................................................................................. ¥359 

House bill, fiscal year 2005 ............................................................ +0 

Senate bill, fiscal year 2005 ........................................................... +0 

RODNEY FRELINGHUYSEN, ERNEST J. ISTOOK, Jr., 

RANDY ‘‘DUKE’’ CUNNINGHAM, JOHN T. DOOLITTLE, DAVE WELDON, JOHN ABNEY CULBERSON, BILL YOUNG, CHAKA FATTAH, ED PASTOR, ROBERT E. ‘‘BUD’’ CRAMER, Jr., 

DAVID R. OBEY, 

Managers on the Part of the House. 

MIKE DEWINE, 

SAM BROWNBACK, 

KAY BAILEY HUTCHISON, 

TED STEVENS, 

MARY LANDRIEU, 

DANIEL K. INOUYE, 

Managers on the Part of the Senate. 

Æ