II 

Calendar No. 709 

108TH CONGRESS 

2D SESSION S. 2826 

[Report No. 108–354] 

Making appropriations for the government of the District of Columbia and 

other activities chargeable in whole or in part against the revenues 

of said District for the fiscal year ending September 30, 2005, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 21, 2004 

Mr. DEWINE, from the Committee on Appropriations, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

Making appropriations for the government of the District 

of Columbia and other activities chargeable in whole 

or in part against the revenues of said District for the 

fiscal year ending September 30, 2005, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 District of Columbia and related agencies for the fiscal 
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1 year ending September 30, 2005, and for other purposes, 

2 namely: 

3 TITLE I—FEDERAL FUNDS 

4 FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

5 For a Federal payment to the District of Columbia, 

6 to be deposited into a dedicated account, for a nationwide 

7 program to be administered by the Mayor, for District of 

8 Columbia resident tuition support, $21,200,000, to remain 

9 available until expended: Provided, That such funds, in10 cluding any interest accrued thereon, may be used on be11 half of eligible District of Columbia residents to pay an 

12 amount based upon the difference between in-State and 

13 out-of-State tuition at public institutions of higher edu14 cation, or to pay up to $2,500 each year at eligible private 

15 institutions of higher education: Provided further, That the 

16 awarding of such funds may be prioritized on the basis 

17 of a resident’s academic merit, the income and need of 

18 eligible students and such other factors as may be author19 ized: Provided further, That the District of Columbia gov20 ernment shall maintain a dedicated account for the Resi21 dent Tuition Support Program that shall consist of the 

22 Federal funds appropriated to the Program in this Act 

23 and any subsequent appropriations, any unobligated bal24 ances from prior fiscal years, and any interest earned in 

25 this or any fiscal year: Provided further, That the account 
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1 shall be under the control of the District of Columbia 

2 Chief Financial Officer who shall use those funds solely 

3 for the purposes of carrying out the Resident Tuition Sup4 port Program: Provided further, That the Office of the 

5 Chief Financial Officer shall provide a quarterly financial 

6 report to the Committees on Appropriations of the House 

7 of Representatives and Senate for these funds showing, 

8 by object class, the expenditures made and the purpose 

9 therefor: Provided further, That not more than 7 percent 

10 of the total amount appropriated for this program may 

11 be used for administrative expenses. 

12 FEDERAL PAYMENT FOR EMERGENCY PLANNING AND

13 SECURITY COSTS IN THE DISTRICT OF COLUMBIA

14 For necessary expenses, as determined by the Mayor 

15 of the District of Columbia in written consultation with 

16 the elected county or city officials of surrounding jurisdic17 tions, $15,000,000, to remain available until expended, to 

18 reimburse the District of Columbia for the costs of pro19 viding public safety at events related to the presence of 

20 the national capital in the District of Columbia and for 

21 the costs of providing support to respond to immediate 

22 and specific terrorist threats or attacks in the District of 

23 Columbia or surrounding jurisdictions: Provided, That any 

24 amount provided under this heading shall be available only 

25 after notice of its proposed use has been transmitted by 
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1 the President to Congress and such amount has been ap2 portioned pursuant to chapter 15 of title 31, United 

3 States Code. 

4 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

5 COURTS

6 For salaries and expenses for the District of Colum7 bia Courts, $195,010,000, to be allocated as follows: for 

8 the District of Columbia Court of Appeals, $8,952,000, 

9 of which not to exceed $1,500 is for official reception and 

10 representation expenses; for the District of Columbia Su11 perior Court, $84,948,000, of which not to exceed $1,500 

12 is for official reception and representation expenses; for 

13 the District of Columbia Court System, $40,699,000, of 

14 which not to exceed $1,500 is for official reception and 

15 representation expenses; and $60,411,000, to remain 

16 available until September 30, 2005, for capital improve17 ments for District of Columbia courthouse facilities: Pro18 vided, That funds made available for capital improvements 

19 shall be expended consistent with the General Services Ad20 ministration master plan study and building evaluation re21 port: Provided further, That notwithstanding any other 

22 provision of law, a single contract or related contracts for 

23 development and construction of facilities may be em24 ployed which collectively include the full scope of the 

25 project: Provided further, That the solicitation and con-
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1 tract shall contain the clause ‘‘availability of funds’’ found 

2 at 48 CFR 52.232–18: Provided further, That notwith3 standing any other provision of law, all amounts under 

4 this heading shall be apportioned quarterly by the Office 

5 of Management and Budget and obligated and expended 

6 in the same manner as funds appropriated for salaries and 

7 expenses of other Federal agencies, with payroll and finan8 cial services to be provided on a contractual basis with 

9 the General Services Administration (GSA), said services 

10 to include the preparation of monthly financial reports, 

11 copies of which shall be submitted directly by GSA to the 

12 President and to the Committees on Appropriations of the 

13 House of Representatives and Senate, the Committee on 

14 Government Reform of the House of Representatives, and 

15 the Committee on Governmental Affairs of the Senate: 

16 Provided further, That 30 days after providing written no17 tice to the Committees on Appropriations of the House 

18 of Representatives and Senate, the District of Columbia 

19 Courts may reallocate not more than $1,000,000 of the 

20 funds provided under this heading among the items and 

21 entities funded under such heading for operations, and not 

22 more than 4 percent of the funds provided under this 

23 heading for facilities. 
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1 DEFENDER SERVICES IN DISTRICT OF COLUMBIA

2 COURTS

3 For payments authorized under section 11–2604 and 

4 section 11–2605, D.C. Official Code (relating to represen5 tation provided under the District of Columbia Criminal 

6 Justice Act), payments for counsel appointed in pro7 ceedings in the Family Court of the Superior Court of the 

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

9 Official Code, or pursuant to contractual agreements to 

10 provide guardian ad litem representation, training, tech11 nical assistance and/or such other services as are nec12 essary to improve the quality of guardian ad litem rep13 resentation, payments for counsel appointed in adoption 

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

15 payments for counsel authorized under section 21–2060, 

16 D.C. Official Code (relating to representation provided 

17 under the District of Columbia Guardianship, Protective 

18 Proceedings, and Durable Power of Attorney Act of 1986), 

19 $34,500,000, to remain available until expended: Pro20 vided, That the funds provided in this Act under the head21 ing ‘‘Federal Payment to the District of Columbia Courts’’ 

22 (other than the $53,011,000 provided under such heading 

23 for capital improvements for District of Columbia court24 house facilities) may also be used for payments under this 

25 heading: Provided further, That in addition to the funds 
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1 provided under this heading, the Joint Committee on Ju2 dicial Administration in the District of Columbia shall use 

3 funds provided in this Act under the heading ‘‘Federal 

4 Payment to the District of Columbia Courts’’ (other than 

5 the $53,011,000 provided under such heading for capital 

6 improvements for District of Columbia courthouse facili7 ties), to make payments described under this heading for 

8 obligations incurred during any fiscal year: Provided fur9 ther, That funds provided under this heading shall be ad10 ministered by the Joint Committee on Judicial Adminis11 tration in the District of Columbia: Provided further, That 

12 notwithstanding any other provision of law, this appro13 priation shall be apportioned quarterly by the Office of 

14 Management and Budget and obligated and expended in 

15 the same manner as funds appropriated for expenses of 

16 other Federal agencies, with payroll and financial services 

17 to be provided on a contractual basis with the General 

18 Services Administration (GSA), said services to include 

19 the preparation of monthly financial reports, copies of 

20 which shall be submitted directly by GSA to the President 

21 and to the Committees on Appropriations of the House 

22 of Representatives and Senate, the Committee on Govern23 ment Reform of the House of Representatives, and the 

24 Committee on Governmental Affairs of the Senate. 
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1 FEDERAL PAYMENT TO THE COURT SERVICES AND OF2 FENDER SUPERVISION AGENCY FOR THE DISTRICT

3 OF COLUMBIA

4 (INCLUDING TRANSFER OF FUNDS)

5 For salaries and expenses, including the transfer and 

6 hire of motor vehicles, of the Court Services and Offender 

7 Supervision Agency for the District of Columbia and the 

8 Public Defender Service for the District of Columbia, as 

9 authorized by the National Capital Revitalization and Self10 Government Improvement Act of 1997, $182,490,000, of 

11 which not to exceed $2,000 is for official reception and 

12 representation expenses related to Community Supervision 

13 and Pretrial Services Agency programs; of which not to 

14 exceed $25,000 is for dues and assessments relating to 

15 the implementation of the Court Services and Offender 

16 Supervision Agency Interstate Supervision Act of 2002; 

17 of which $113,343,000 shall be for necessary expenses of 

18 Community Supervision and Sex Offender Registration, to 

19 include expenses relating to the supervision of adults sub20 ject to protection orders or the provision of services for 

21 or related to such persons; of which $39,314,000 shall be 

22 available to the Pretrial Services Agency; and of which 

23 $29,833,000 shall be transferred to the Public Defender 

24 Service for the District of Columbia: Provided, That 

25 $1,100,000 shall be to lower supervision caseload ratios 
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1 to 25:1 for special population offenders: Provided further, 

2 That $200,000 shall be to expand monitoring of offenders 

3 using global position system technology: Provided further, 

4 That notwithstanding any other provision of law, all 

5 amounts under this heading shall be apportioned quarterly 

6 by the Office of Management and Budget and obligated 

7 and expended in the same manner as funds appropriated 

8 for salaries and expenses of other Federal agencies: Pro9 vided further, That notwithstanding chapter 12 of title 40, 

10 United States Code, the Director may acquire by pur11 chase, lease, condemnation, or donation, and renovate as 

12 necessary, Building Number 17, 1900 Massachusetts Ave13 nue, Southeast, Washington, District of Columbia to 

14 house or supervise offenders and defendants, with funds 

15 made available for this purpose in Public Law 107–96: 

16 Provided further, That the Director is authorized to accept 

17 and use gifts in the form of in-kind contributions of space 

18 and hospitality to support offender and defendant pro19 grams, and equipment and vocational training services to 

20 educate and train offenders and defendants: Provided fur21 ther, That the Director shall keep accurate and detailed 

22 records of the acceptance and use of any gift or donation 

23 under the previous proviso, and shall make such records 

24 available for audit and public inspection: Provided further, 

25 That the Court Services and Offender Supervision Agency 
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1 Director is authorized to accept and use reimbursement 

2 from the D.C. Government for space and services provided 

3 on a cost reimbursement basis: Provided further, That the 

4 Public Defender Service is authorized to charge fees to 

5 cover cost of materials distributed to attendees of edu6 cational events, including conferences, sponsored by the 

7 Public Defender Service, and notwithstanding 31 U.S.C. 

8 3302, said fees shall be credited to the Public Defender 

9 Service account to be available for use without further ap10 propriation. 

11 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

12 WATER AND SEWER AUTHORITY

13 For a Federal payment to the District of Columbia 

14 Water and Sewer Authority, $10,000,000, to remain avail15 able until expended, to continue implementation of the 

16 Combined Sewer Overflow Long-Term Plan: Provided, 

17 That the District of Columbia Water and Sewer Authority 

18 provides a 100 percent match for this payment. 

19 FEDERAL PAYMENT FOR THE ANACOSTIA WATERFRONT

20 INITIATIVE

21 For a Federal payment to the District of Columbia 

22 Department of Transportation, $3,000,000, to remain 

23 available until September 30, 2006, for design and con24 struction of a continuous pedestrian and bicycle trail sys-
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1 tem from the Potomac River to the District’s border with 

2 Maryland. 

3 FEDERAL PAYMENT TO THE CRIMINAL JUSTICE

4 COORDINATING COUNCIL

5 For a Federal payment to the Criminal Justice Co6 ordinating Council, $1,300,000, to remain available until 

7 expended, to support initiatives related to the coordination 

8 of Federal and local criminal justice resources in the Dis9 trict of Columbia. 

10 FEDERAL PAYMENT FOR THE UNIFIED

11 COMMUNICATIONS CENTER

12 For a Federal payment to the District of Columbia, 

13 $7,000,000, to remain available until expended, shall be 

14 for the Unified Communications Center. 

15 FEDERAL PAYMENT FOR TRANSPORTATION ASSISTANCE

16 For a Federal payment to the District of Columbia 

17 Department of Transportation, $5,000,000, of which 

18 $1,000,000 shall be allocated to implement a downtown 

19 circulator transit system, and of which $4,000,000 shall 

20 be to offset a portion of the District of Columbia’s allo21 cated operating subsidy payment to the Washington Met22 ropolitan Area Transit Authority. 
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1 FEDERAL PAYMENT FOR FOSTER CARE IMPROVEMENTS

2 IN THE DISTRICT OF COLUMBIA

3 For a Federal payment to the District of Columbia 

4 for foster care improvements, $5,000,000, to remain avail5 able until expended: Provided, That $3,250,000 shall be 

6 for the Child and Family Services Agency, of which 

7 $2,000,000 shall be for the early intervention program to 

8 provide intensive and immediate services for foster chil9 dren; of which $750,000 shall be for the emergency sup10 port fund to purchase services or technology necessary to 

11 allow children to remain in the care of an approved and 

12 licensed family member; of which $500,000 shall be for 

13 technology upgrades: Provided further, That $1,250,000 

14 shall be for the Department of Mental Health to provide 

15 all court-ordered or agency-required mental health 

16 screenings, assessments and treatments for children under 

17 the supervision of the Child and Family Services Agency: 

18 Provided further, That $500,000 shall be for the Wash19 ington Metropolitan Council of Governments, to continue 

20 a program in conjunction with the Foster and Adoptive 

21 Parents Advocacy Center, to provide respite care for and 

22 recruitment of foster parents: Provided further, That these 

23 Federal funds shall supplement and not supplant local 

24 funds for the purposes described under this heading. 
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1 FEDERAL PAYMENT TO THE OFFICE OF THE CHIEF

2 FINANCIAL OFFICER OF THE DISTRICT OF COLUMBIA

3 For a Federal payment to the Office of the Chief Fi4 nancial Officer of the District of Columbia, $32,500,000: 

5 Provided, That these funds shall be available for the 

6 projects and in the amounts specified in the statement of 

7 the managers on the conference report accompanying this 

8 Act: Provided further, That each entity that receives fund9 ing under this heading shall submit to the Office of the 

10 Chief Financial Officer of the District of Columbia and 

11 the Committees on Appropriations of the House of Rep12 resentatives and Senate a report on the activities to be 

13 carried out with such funds no later than March 15, 2005. 

14 FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

15 For a Federal payment for a School Improvement 

16 Program in the District of Columbia, $40,000,000, to be 

17 allocated as follows: for the District of Columbia Public 

18 Schools, $13,000,000 to improve public school education 

19 in the District of Columbia, $13,000,000 to expand qual20 ity public charter schools in the District of Columbia; for 

21 the Secretary of the Department of Education, 

22 $14,000,000 to provide opportunity scholarships for stu23 dents in the District of Columbia in accordance with Pub24 lic Law 108–199, of which up to $1,000,000 may be used 

25 to administer and fund assessments: Provided, That of the 
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1 $13,000,000 for the District of Columbia Public Schools, 

2 $5,000,000 shall be for a new incentive fund to reward 

3 high performing or significantly improved public schools; 

4 $5,000,000 shall be to support the Transformation School 

5 Initiative directed to schools in need of improvement: Pro6 vided further, That of the remaining amounts, the Super7 intendent of the District of Columbia Public Schools shall 

8 use such sums as necessary to contract for management 

9 consulting services and implement recommended reforms: 

10 Provided further, That the Comptroller General shall con11 duct a financial audit of the District of Columbia Public 

12 Schools: Provided further, That of the $13,000,000 pro13 vided for public charter schools in the District of Colum14 bia, $4,000,000 shall be for the City Build Initiative to 

15 create neighborhood-based charter schools; $2,750,000 

16 shall be for the Direct Loan Fund for Charter Schools; 

17 $150,000 shall be for administrative expenses of the Office 

18 of Charter School Financing and Support to expand out19 reach and support of charter schools; $100,000 shall be 

20 for the D.C. Public Charter School Association to enhance 

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

22 development of an incubator facility for public charter 

23 schools; and $2,000,000 shall be for a new incentive fund 

24 to reward high performing or significantly improved public 

25 charter schools: Provided further, That the District of Co-
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1 lumbia government shall establish a dedicated account for 

2 the Office of Charter School Financing and Support (the 

3 Office) that shall consist of the Federal funds appro4 priated in this Act, any subsequent appropriations, any 

5 unobligated balances from prior fiscal years, any addi6 tional grants, and any interest and principal derived from 

7 loans made to Charter Schools, and repayment of dollars 

8 utilized to support credit enhancement earned in this or 

9 any fiscal year: Provided further, That the account shall 

10 be under the control of the District of Columbia Chief Fi11 nancial Officer who shall use those funds solely for the 

12 purposes of carrying out the Credit Enhancement Pro13 gram, Direct Loan Fund Grant Program, and any other 

14 charter school financing under the management of the Of15 fice: Provided further, That in this and subsequent fiscal 

16 years the Office of the Chief Financial Officer shall con17 duct an annual audit of the funds expended by the Office 

18 and provide an annual financial report to the Mayor, the 

19 Council of the District of Columbia, the Office of the Dis20 trict of Columbia Treasurer and the Committees on Ap21 propriations of the House of Representatives and Senate 

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

23 made and the purpose therefor: Provided further, That not 

24 more than $1,000,000 of the total amount appropriated 

25 for this program may be used for administrative expenses 
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1 and training expenses related to the cost of the National 

2 Charter School Conference(s) to be hosted by December 

3 2006; and no more than 5 percent of the funds appro4 priated for the direct loan fund may be used for adminis5 trative expenses related to the administration and annual 

6 audit of the direct loan, grant, and credit enhancement 

7 programs. 

8 FEDERAL PAYMENT FOR BIOTERRORISM AND

9 FORENSICS LABORATORY

10 For a Federal payment to the District of Columbia, 

11 $8,000,000, to remain available until September 30, 2006, 

12 for design, planning, and procurement costs associated 

13 with the construction of a bioterrorism and forensics lab14 oratory: Provided, That the District of Columbia shall pro15 vide an additional $2,300,000 with local funds as a condi16 tion of receiving this payment. 

17 TITLE II—DISTRICT OF COLUMBIA FUNDS 

18 OPERATING EXPENSES 

19 DIVISION OF EXPENSES

20 The following amounts are appropriated for the Dis21 trict of Columbia for the current fiscal year out of the 

22 general fund of the District of Columbia, except as other23 wise specifically provided: Provided, That notwithstanding 

24 any other provision of law, except as provided in section 

25 450A of the District of Columbia Home Rule Act (D.C. 
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1 Official Code, sec. 1–204.50a) and the provisions of this 

2 Act, the total amount appropriated in this Act for oper3 ating expenses for the District of Columbia for fiscal year 

4 2005 under this heading shall not exceed the lesser of the 

5 sum of the total revenues of the District of Columbia for 

6 such fiscal year or $7,206,164,000 (of which 

7 $4,215,088,000 shall be from local funds, $1,762,046,000 

8 shall be from Federal funds, $1,214,843,000 shall be from 

9 other funds, and $14,817,000 shall be from private 

10 funds), and an intra-district amount of $435,054,000, in 

11 addition, $186,900,000 from funds previously appro12 priated in this Act as Federal payments: Provided further, 

13 That this amount may be increased by proceeds of one14 time transactions, which are expended for emergency or 

15 unanticipated operating or capital needs: Provided further, 

16 That such increases shall be approved by enactment of 

17 local District law and shall comply with all reserve require18 ments contained in the District of Columbia Home Rule 

19 Act as amended by this Act: Provided further, That the 

20 Chief Financial Officer of the District of Columbia shall 

21 take such steps as are necessary to assure that the Dis22 trict of Columbia meets these requirements, including the 

23 apportioning by the Chief Financial Officer of the appro24 priations and funds made available to the District during 

25 fiscal year 2005, except that the Chief Financial Officer 
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1 may not reprogram for operating expenses any funds de2 rived from bonds, notes, or other obligations issued for 

3 capital projects. 

4 GOVERNMENTAL DIRECTION AND SUPPORT

5 Governmental direction and support, $416,069,000 

6 (including $261,068,000 from local funds, $100,256,000 

7 from Federal funds, and $54,745,000 from other funds), 

8 in addition, $32,500,000 from funds previously appro9 priated in this Act under the heading ‘‘Federal Payment 

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

11 of Columbia’’, $15,000,000 from funds previously appro12 priated in this Act under the heading ‘‘Federal Payment 

13 for Emergency Planning and Security Costs in the Dis14 trict of Columbia’’, and $5,000,000 from funds previously 

15 appropriated in this Act under the heading ‘‘Federal Pay16 ment for Foster Care Improvements in the District of Co17 lumbia’’: Provided, That not to exceed $9,300 for the 

18 Mayor, $9,300 for the Chairman of the Council of the Dis19 trict of Columbia, $9,300 for the City Administrator, and 

20 $9,300 for the Office of the Chief Financial Officer shall 

21 be available from this appropriation for official reception 

22 and representation expenses: Provided further, That any 

23 program fees collected from the issuance of debt shall be 

24 available for the payment of expenses of the debt manage25 ment program of the District of Columbia: Provided fur-
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1 ther, That no revenues from Federal sources shall be used 

2 to support the operations or activities of the Statehood 

3 Commission and Statehood Compact Commission: Pro4 vided further, That the District of Columbia shall identify 

5 the sources of funding for Admission to Statehood from 

6 its own locally generated revenues: Provided further, That 

7 notwithstanding any other provision of law, or Mayor’s 

8 Order 86–45, issued March 18, 1986, the Office of the 

9 Chief Technology Officer’s delegated small purchase au10 thority shall be $500,000: Provided further, That the Dis11 trict of Columbia government may not require the Office 

12 of the Chief Technology Officer to submit to any other 

13 procurement review process, or to obtain the approval of 

14 or be restricted in any manner by any official or employee 

15 of the District of Columbia government, for purchases 

16 that do not exceed $500,000. 

17 ECONOMIC DEVELOPMENT AND REGULATION

18 Economic development and regulation, $334,745,000 

19 (including $55,764,000 from local funds, $93,050,000 

20 from Federal funds, $185,806,000 from other funds, and 

21 $125,000 from private funds), of which $13,000,000 col22 lected by the District of Columbia in the form of BID tax 

23 revenue shall be paid to the respective BIDs pursuant to 

24 the Business Improvement Districts Act of 1996 (D.C. 

25 Law 11–134; D.C. Official Code, sec. 2–1215.01 et seq.), 
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1 and the Business Improvement Districts Amendment Act 

2 of 1997 (D.C. Law 12–26; D.C. Official Code, sec. 2– 

3 1215.15 et seq.): Provided, That such funds are available 

4 for acquiring services provided by the General Services 

5 Administration: Provided further, That Business Improve6 ment Districts shall be exempt from taxes levied by the 

7 District of Columbia: Provided further, That local funds 

8 in the amount of $1,200,000 shall be appropriated for the 

9 Excel Institute. 

10 PUBLIC SAFETY AND JUSTICE

11 Public safety and justice, $798,723,000 (including 

12 $760,849,000 from local funds, $7,899,000 from Federal 

13 funds, $29,966,000 from other funds, and $9,000 from 

14 private funds), in addition, $1,300,000 from funds pre15 viously appropriated in this Act under the heading ‘‘Fed16 eral Payment to the Criminal Justice Coordinating Coun17 cil’’: Provided, That not to exceed $500,000 shall be avail18 able from this appropriation for the Chief of Police for 

19 the prevention and detection of crime: Provided further, 

20 That the Mayor shall reimburse the District of Columbia 

21 National Guard for expenses incurred in connection with 

22 services that are performed in emergencies by the National 

23 Guard in a militia status and are requested by the Mayor, 

24 in amounts that shall be jointly determined and certified 

25 as due and payable for these services by the Mayor and 
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1 the Commanding General of the District of Columbia Na2 tional Guard: Provided further, That such sums as may 

3 be necessary for reimbursement to the District of Colum4 bia National Guard under the preceding proviso shall be 

5 available from this appropriation, and the availability of 

6 the sums shall be deemed as constituting payment in ad7 vance for emergency services involved. 

8 PUBLIC EDUCATION SYSTEM

9 (INCLUDING TRANSFERS OF FUNDS)

10 Public education system, including the development 

11 of national defense education programs, $1,266,424,000 

12 (including $1,058,709,000 from local funds, 

13 $194,979,000 from Federal funds, $8,957,000 from other 

14 funds, $3,780,000 from private funds to be allocated as 

15 follows: 

16 (1) DISTRICT OF COLUMBIA PUBLIC

17 SCHOOLS.—$901,944,000 (including $760,494,000 

18 from local funds, $130,450,000 from Federal funds, 

19 $7,330,000 from other funds, $3,670,000 from pri20 vate funds, and not to exceed $6,816,000, to remain 

21 available until expended, from the Medicaid and 

22 Special Education Reform Fund established pursu23 ant to the Medicaid and Special Education Reform 

24 Fund Establishment Act of 2002 (D.C. Law 14– 

25 190; D.C. Official Code 4–204.51 et seq.)), and 
22 

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1 $14,000,000 from funds previously appropriated in 

2 this Act under the heading ‘‘Federal Payment for 

3 School Improvement in the District of Columbia’’ 

4 shall be available for District of Columbia Public 

5 Schools: Provided, That notwithstanding any other 

6 provision of law, rule, or regulation, the evaluation 

7 process and instruments for evaluating District of 

8 Columbia Public School employees shall be a non-ne9 gotiable item for collective bargaining purposes: Pro10 vided further, That this appropriation shall not be 

11 available to subsidize the education of any non12 resident of the District of Columbia at any District 

13 of Columbia public elementary or secondary school 

14 during fiscal year 2005 unless the nonresident pays 

15 tuition to the District of Columbia at a rate that 

16 covers 100 percent of the costs incurred by the Dis17 trict of Columbia that are attributable to the edu18 cation of the nonresident (as established by the Su19 perintendent of the District of Columbia Public 

20 Schools): Provided further, That notwithstanding the 

21 amounts otherwise provided under this heading or 

22 any other provision of law, there shall be appro23 priated to the District of Columbia Public Schools 

24 on July 1, 2005, an amount equal to 10 percent of 

25 the total amount of the local funds provided for the 
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1 District of Columbia Public Schools in the proposed 

2 budget of the District of Columbia for fiscal year 

3 2005 (as submitted to Congress), and the amount of 

4 such payment shall be chargeable against the final 

5 amount provided for the District of Columbia Public 

6 Schools under the District of Columbia Appropria7 tions Act, 2005: Provided further, That not to exceed 

8 $9,300 for the Superintendent of Schools shall be 

9 available from this appropriation for official recep10 tion and representation expenses. 

11 (2) TEACHERS’ RETIREMENT FUND.— 

12 $9,200,000 from local funds shall be available for 

13 the Teachers’ Retirement Fund. 

14 (3) STATE EDUCATION OFFICE.—$73,104,000 

15 (including $10,015,000 from local funds, 

16 $62,914,000 from Federal funds, and $176,000 

17 from other funds), in addition, $26,500,000 from 

18 funds previously appropriated in this Act under the 

19 heading ‘‘Federal Payment for Resident Tuition 

20 Support’’ and $14,000,000 from funds previously 

21 appropriated in this Act under the heading ‘‘Federal 

22 Payment for School Improvement in the District of 

23 Columbia’’ shall be available for the State Education 

24 Office: Provided, That of the amounts provided to 

25 the State Education Office, $500,000 from local 
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1 funds shall remain available until June 30, 2006 for 

2 an audit of the student enrollment of each District 

3 of Columbia Public School and of each District of 

4 Columbia public charter school. 

5 (4) DISTRICT OF COLUMBIA PUBLIC CHARTER

6 SCHOOLS.—$196,802,000 from local funds shall be 

7 available for District of Columbia public charter 

8 schools: Provided, That there shall be quarterly dis9 bursement of funds to the District of Columbia pub10 lic charter schools, with the first payment to occur 

11 within 15 days of the beginning of the fiscal year: 

12 Provided further, That if the entirety of this alloca13 tion has not been provided as payments to any pub14 lic charter schools currently in operation through the 

15 per pupil funding formula, the funds shall remain 

16 available as follows: (A) the first $3,000,000 shall be 

17 deposited in the Credit Enhancement Revolving 

18 Fund established pursuant to section 603(e) of the 

19 Student Loan Marketing Association Reorganization 

20 Act of 1996 (Public Law 104–208; 110 Stat. 3009; 

21 20 U.S.C. 1155(e)); and (B) the balance shall be for 

22 public education in accordance with section 

23 2403(b)(2) of the District of Columbia School Re24 form Act of 1995 (D.C. Official Code, sec. 38– 

25 1804.03(b)(2)): Provided further, That of the 
25 

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1 amounts made available to District of Columbia pub2 lic charter schools, $25,000 shall be made available 

3 to the Office of the Chief Financial Officer as au4 thorized by section 2403(b)(6) of the District of Co5 lumbia School Reform Act of 1995 (D.C. Official 

6 Code, sec. 38–1804.03(b)(6)): Provided further, That 

7 $660,000 of this amount shall be available to the 

8 District of Columbia Public Charter School Board 

9 for administrative costs: Provided further, That not10 withstanding the amounts otherwise provided under 

11 this heading or any other provision of law, there 

12 shall be appropriated to the District of Columbia 

13 public charter schools on July 1, 2005, an amount 

14 equal to 25 percent of the total amount of the local 

15 funds appropriations request provided for payments 

16 to public charter schools in the proposed budget of 

17 the District of Columbia for fiscal year 2005 (as 

18 submitted to Congress), and the amount of such 

19 payment shall be chargeable against the final 

20 amount provided for such payments under the Dis21 trict of Columbia Appropriations Act, 2005: Pro22 vided further, That notwithstanding any other provi23 sion of law, of the funds appropriated herein for the 

24 District of Columbia Public Charter Schools, the 

25 Chief Financial Officer of the District of Columbia, 
26 

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1 in coordination with the District of Columbia Char2 tering Authorities for the District of Columbia Pub3 lic Charter Schools, shall establish requirements, 

4 policies and procedures for the performance of a sin5 gle financial audit, to be performed by one auditing 

6 firm selected by the Chief Financial Officer of the 

7 District of Columbia: Provided further, That begin8 ning in fiscal year 2005, the District of Columbia 

9 Chartering Authorities for the District of Columbia 

10 Public Charter Schools shall implement and follow 

11 these requirements (including, but not limited to, the 

12 terms and conditions), policies and procedures to en13 sure the completion of the annual financial single 

14 audit of all District of Columbia Public Charter 

15 Schools conducted in accordance herewith. 

16 (5) UNIVERSITY OF THE DISTRICT OF COLUM17 BIA SUBSIDY.—$49,602,000 from local funds shall 

18 be available for the University of the District of Co19 lumbia: Provided, That this appropriation shall not 

20 be available to subsidize the education of non21 residents of the District of Columbia at the Univer22 sity of the District of Columbia, unless the Board of 

23 Trustees of the University of the District of Colum24 bia adopts, for the fiscal year ending September 30, 

25 2005, a tuition rate schedule that will establish the 
27 

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1 tuition rate for nonresident students at a level no 

2 lower than the nonresident tuition rate charged at 

3 comparable public institutions of higher education in 

4 the metropolitan area: Provided further, That not5 withstanding the amounts otherwise provided under 

6 this heading or any other provision of law, there 

7 shall be appropriated to the University of the Dis8 trict of Columbia on July 1, 2005, an amount equal 

9 to 10 percent of the total amount of the local funds 

10 appropriations request provided for the University of 

11 the District of Columbia in the proposed budget of 

12 the District of Columbia for fiscal year 2005 (as 

13 submitted to Congress), and the amount of such 

14 payment shall be chargeable against the final 

15 amount provided for the University of the District of 

16 Columbia under the District of Columbia Appropria17 tions Act, 2005: Provided further, That not to exceed 

18 $9,300 for the President of the University of the 

19 District of Columbia shall be available from this ap20 propriation for official reception and representation 

21 expenses. 

22 (6) DISTRICT OF COLUMBIA PUBLIC LIBRAR23 IES.—$30,831,000 (including $28,978,000 from 

24 local funds, $1,093,000 from Federal funds, and 

25 $651,000 from other funds) shall be available for 
28 

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1 the District of Columbia Public Libraries: Provided, 

2 That not to exceed $7,500 for the Public Librarian 

3 shall be available from this appropriation for official 

4 reception and representation expenses. 

5 (7) COMMISSION ON THE ARTS AND HUMAN6 ITIES.—$4,941,000 (including $3,618,000 from local 

7 funds, $523,000 from Federal funds, and $800,000 

8 from other funds) shall be available for the Commis9 sion on the Arts and Humanities. 

10 HUMAN SUPPORT SERVICES

11 (INCLUDING TRANSFER OF FUNDS)

12 Human support services, $2,533,825,000 (including 

13 $1,165,314,000 from local funds, $1,331,670,000 from 

14 Federal funds, $27,441,000 from other funds, $9,400,000 

15 from private funds, in addition, $5,000,000 from funds 

16 previously appropriated in this Act under the heading 

17 ‘‘Federal Payment to Foster Care Improvements in the 

18 District of Columbia’’: Provided, That $29,600,000 of this 

19 appropriation, to remain available until expended, shall be 

20 available solely for District of Columbia employees’ dis21 ability compensation: Provided further, That no less than 

22 $8,498,720, to remain available until expended, shall be 

23 deposited in the Addiction Recovery Fund, established 

24 pursuant to section 5 of the Choice in Drug Treatment 

25 Act of 2000 (D.C. Law 13–146; D.C. Official Code, sec. 
29 

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1 7–3004) and used exclusively for the purpose of the Choice 

2 in Drug Treatment program, established pursuant to sec3 tion 4 of the Choice in Drug Treatment Act of 2000 (D.C. 

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

5 $7,500,000 shall be provided from local funds: Provided 

6 further, That none of the $8,498,720 for the Choice in 

7 Drug Treatment program shall be used by the Depart8 ment of Health’s Addiction Prevention and Recovery Ad9 ministration to provide youth residential treatment serv10 ices or youth outpatient treatment services: Provided fur11 ther, That no less than $2,000,000 shall be available to 

12 the Department of Health’s Addiction Prevention and Re13 covery Administration exclusively for the purpose of pro14 viding youth residential treatment services: Provided fur15 ther, That no less than $1,575,416 shall be available to 

16 the Department of Health’s Addiction Prevention and Re17 covery Administration exclusively for the purpose of pro18 viding youth outpatient treatment services, of which 

19 $750,000 shall be made available exclusively to provide in20 tensive outpatient treatment slots, outpatient treatment 

21 slots, and other program costs for youth in the care of 

22 the Youth Services Administration: Provided further, That 

23 no less than $1,400,000 shall be used by the Department 

24 of Health’s Addiction Prevention and Recovery Adminis25 tration to fund a Child and Family Services Agency pilot 
30 

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1 project entitled Family Treatment Court: Provided further, 

2 That $1,200,000 of local funds, to remain available until 

3 expended, shall be deposited in the Adoption Voucher 

4 Fund, established pursuant to section 3805(a) of the 

5 Adoption Voucher Fund Act of 2000, effective October 19, 

6 2000 (D.C. Law 13–172; D.C. Official Code, sec. 4– 

7 344(a)), to be used exclusively for the purposes set forth 

8 in section 3805(b) of the Adoption Voucher Fund Act 

9 (D.C. Official Code, sec. 4–344(b)): Provided further, That 

10 no less than $300,000 shall be used by the Department 

11 of Health’s Environmental Health Administration to oper12 ate the Total Maximum Daily Load program: Provided 

13 further, That no less than $1,268,500 shall be used by 

14 the Department of Health’s Environmental Health Ad15 ministration to operate its air quality programs, of which 

16 no less than $242,000 shall be used to fund 4 full-time 

17 air quality employees: Provided further, That the Depart18 ment of Human Services, Youth Services Administration 

19 shall not expend any appropriated fiscal year 2005 funds 

20 until the Mayor has submitted to the Council by Sep21 tember 30, 2004 a plan, including time lines, to close the 

22 Oak Hill Youth Center at the earliest feasible date. All 

23 of the above proviso amounts in this heading relate back 

24 to and are a subset of the first-referenced appropriation 

25 amount of $2,533,825,000. 
31 

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1 PUBLIC WORKS

2 Public works, including rental of one passenger-car3 rying vehicle for use by the Mayor and three passenger4 carrying vehicles for use by the Council of the District of 

5 Columbia and leasing of passenger-carrying vehicles, 

6 $331,936,000 (including $312,035,000 from local funds, 

7 $4,000,000 from Federal funds, and $15,901,000 from 

8 other funds), in addition, $5,000,000 from funds pre9 viously appropriated in this Act under the heading ‘‘Fed10 eral Payment for Transportation Assistance’’: Provided, 

11 That this appropriation shall not be available for collecting 

12 ashes or miscellaneous refuse from hotels and places of 

13 business. 

14 CASH RESERVE

15 For the cumulative cash reserve established pursuant 

16 to section 202(j)(2) of the District of Columbia Financial 

17 Responsibility and Management Assistance Act of 1995 

18 (D.C. Official Code, sec. 47–392.02(j)(2)), $50,000,000 

19 from local funds. 

20 EMERGENCY AND CONTINGENCY RESERVE FUNDS

21 For the emergency reserve fund and the contingency 

22 reserve fund under section 450A of the District of Colum23 bia Home Rule Act (D.C. Official Code, sec. 1–204.50a), 

24 such additional amounts from the District’s general fund 
32 

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1 balance as are necessary to meet the balance requirements 

2 for funds under section 450A. 

3 REPAYMENT OF LOANS AND INTEREST

4 For payment of principal, interest, and certain fees 

5 directly resulting from borrowing by the District of Co6 lumbia to fund District of Columbia capital projects as 

7 authorized by sections 462, 475, and 490 of the District 

8 of Columbia Home Rule Act (D.C. Official Code, secs. 1– 

9 204.62, 1–204.75, and 1–204.90), $347,700,000 from 

10 local funds. 

11 PAYMENT OF INTEREST ON SHORT-TERM BORROWING

12 For payment of interest on short-term borrowing, 

13 $4,000,000 from local funds. 

14 CERTIFICATES OF PARTICIPATION

15 For principal and interest payments on the District’s 

16 Certificates of Participation, issued to finance the ground 

17 lease underlying the building located at One Judiciary 

18 Square, $11,252,000 from local funds. 

19 SETTLEMENTS AND JUDGMENTS

20 For making refunds and for the payment of legal set21 tlements or judgments that have been entered against the 

22 District of Columbia government, $20,270,000 from local 

23 funds: Provided, That this appropriation shall not be con24 strued as modifying or affecting the provisions of section 

25 103 of this Act. 
33 

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1 WILSON BUILDING

2 For expenses associated with the John A. Wilson 

3 building, $3,633,000 from local funds. 

4 WORKFORCE INVESTMENTS

5 For workforce investments, $38,114,000 from local 

6 funds, to be transferred by the Mayor of the District of 

7 Columbia within the various appropriation headings in 

8 this Act for which employees are properly payable: Pro9 vided, That of this amount $3,548,000 shall remain avail10 able until expended to meet the requirements of the Com11 pensation Agreement Between the District of Columbia 

12 Government Units 1 and 2 Approval Resolution of 2004, 

13 effective February 17, 2004 (Res. 15–459; 51 DCR 

14 2325). 

15 NON-DEPARTMENTAL AGENCY

16 To account for anticipated costs that cannot be allo17 cated to specific agencies during the development of the 

18 proposed budget, $13,946,000 (including $4,000,000 from 

19 local funds and $9,946,000 from other funds) to be trans20 ferred by the Mayor of the District of Columbia within 

21 the various appropriations headings in this Act: Provided, 

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

23 costs associated with the No Child Left Behind Act. 
34 

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1 PAY-AS-YOU-GO CAPITAL

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

3 financing, $6,531,000 from local funds, to be transferred 

4 to the Capital Fund, subject to the Criteria for Spending 

5 Pay-as-You-Go Funding Amendment Act of 2003 (D.C. 

6 Act 15–106): Provided, That pursuant to this Act, there 

7 are authorized to be transferred from Pay-As-You-Go 

8 Capital funds to other headings of this Act, such sums 

9 as may be necessary to carry out the purposes of this Act. 

10 EMERGENCY PLANNING AND SECURITY FUND

11 For Emergency Planning and Security Fund, 

12 $15,000,000 from funds previously appropriated in this 

13 Act under the heading ‘‘Federal Payment for Planning 

14 and Security Costs in the District of Columbia’’. 

15 OLD CONVENTION CENTER DEMOLITION RESERVE

16 For the Old Convention Center Demolition Reserve, 

17 such amounts as may be necessary, not to exceed 

18 $11,000,000, from the District’s general fund balance. 

19 TAX INCREMENT FINANCING PROGRAM

20 For a Tax Increment Financing Program, such 

21 amounts as are necessary to meet the Tax Increment Fi22 nancing requirements, not to exceed $9,710,000 from the 

23 District’s general fund balance. 
35 

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1 PAY-AS-YOU-GO CONTINGENCY

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

3 subject to the Criteria for Spending Pay-as-You-Go Fund4 ing Act of 2004, approved by the Council of the District 

5 of Columbia on 1st reading, May 14, 2004 (Title I of Bill 

6 15–768), there are authorized to be transferred from the 

7 contingency fund to certain other headings of this Act as 

8 necessary to carry out the purposes of this Act. Expendi9 tures from the Pay-As-You-Go Contingency Fund shall be 

10 subject to the approval of the Council by resolution. 

11 REVISED REVENUE ESTIMATE CONTINGENCY PRIORITY

12 If the Chief Financial Officer for the District of Co13 lumbia certifies through a revised revenue estimate that 

14 funds are available from local funds, such available funds 

15 shall be expended as provided in the Contingency for Rec16 ordation and Transfer Tax Reduction and the Office of 

17 Property Management and Library Expenditures Act of 

18 2004, approved by the Council of the District of Columbia 

19 on 1st reading, May 14, 2004 (Bill 15–768), including up 

20 to $2,000,000 to the Office of Property Management, up 

21 to $1,200,000 to the District of Columbia Public Library, 

22 up to $256,000 to the D.C. Police and Firefighters Retire23 ment and Relief Board, and $132,600 for the Police and 

24 Fire Clinic. 
36 

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1 ENTERPRISE AND OTHER FUNDS 

2 WATER AND SEWER AUTHORITY

3 For operation of the Water and Sewer Authority, 

4 $287,206,000 from other funds, of which $15,180,402 

5 shall be apportioned for repayment of loans and interest 

6 incurred for capital improvement projects and payable to 

7 the District’s debt service fund. 

8 For construction projects, $371,040,000, to be dis9 tributed as follows: $181,656,000 for the Blue Plains 

10 Wastewater Treatment Plant, $43,800,000 for the sewer 

11 program, $9,118,000 for the stormwater program, 

12 $122,627,000 for the water program, and $13,839,000 for 

13 the capital equipment program; in addition, $10,000,000 

14 from funds previously appropriated in this Act under the 

15 heading ‘‘Federal Payment to the District of Columbia 

16 Water and Sewer Authority’’: Provided, That the require17 ments and restrictions that are applicable to general fund 

18 capital improvement projects and set forth in this Act 

19 under the Capital Outlay appropriation account shall 

20 apply to projects approved under this appropriation ac21 count. 

22 WASHINGTON AQUEDUCT

23 For operation of the Washington Aqueduct, 

24 $47,972,000 from other funds. 
37 

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1 STORMWATER PERMIT COMPLIANCE ENTERPRISE FUND

2 For operation of the Stormwater Permit Compliance 

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

4 LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

5 For the Lottery and Charitable Games Enterprise 

6 Fund, established by the District of Columbia Appropria7 tion Act, 1982, for the purpose of implementing the Law 

8 to Legalize Lotteries, Daily Numbers Games, and Bingo 

9 and Raffles for Charitable Purposes in the District of Co10 lumbia (D.C. Law 3–172; D.C. Official Code, sec. 3–1301 

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

12 other funds: Provided, That the District of Columbia shall 

13 identify the source of funding for this appropriation title 

14 from the District’s own locally generated revenues: Pro15 vided further, That no revenues from Federal sources shall 

16 be used to support the operations or activities of the Lot17 tery and Charitable Games Control Board: Provided fur18 ther, That the Lottery and Charitable Games Enterprise 

19 Fund is hereby authorized to make transfers to the gen20 eral fund of the District of Columbia, in excess of this 

21 appropriation, if such funds are available for transfer. 

22 SPORTS AND ENTERTAINMENT COMMISSION

23 For the Sports and Entertainment Commission, 

24 $7,322,000 from other funds: Provided, That the para25 graph under the heading ‘‘Sports and Entertainment 
38 

S 2826 PCS 

1 Commission’’ in Public Law 108–199 (118 Stat. 125) is 

2 amended by striking the term ‘‘local funds’’ and inserting 

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

4 DISTRICT OF COLUMBIA RETIREMENT BOARD

5 For the District of Columbia Retirement Board, es6 tablished pursuant to section 121 of the District of Colum7 bia Retirement Reform Act of 1979 (D.C. Official Code, 

8 sec. 1–711), $15,277,000 from the earnings of the appli9 cable retirement funds to pay legal, management, invest10 ment, and other fees and administrative expenses of the 

11 District of Columbia Retirement Board: Provided, That 

12 the District of Columbia Retirement Board shall provide 

13 to the Congress and to the Council of the District of Co14 lumbia a quarterly report of the allocations of charges by 

15 fund and of expenditures of all funds: Provided further, 

16 That the District of Columbia Retirement Board shall pro17 vide the Mayor, for transmittal to the Council of the Dis18 trict of Columbia, an itemized accounting of the planned 

19 use of appropriated funds in time for each annual budget 

20 submission and the actual use of such funds in time for 

21 each annual audited financial report. 

22 WASHINGTON CONVENTION CENTER ENTERPRISE FUND

23 For the Washington Convention Center Enterprise 

24 Fund, $77,176,000 from other funds. 
39 

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1 NATIONAL CAPITAL REVITALIZATION CORPORATION

2 For the National Capital Revitalization Corporation, 

3 $7,850,000 from other funds. 

4 UNIVERSITY OF THE DISTRICT OF COLUMBIA

5 For the University of the District of Columbia, 

6 $85,102,000 (including, $49,602,000 from local funds 

7 previously appropriated in this Act under the heading 

8 ‘‘Public Education Systems’’, $15,192,000 from Federal 

9 funds, $19,434,000 from other funds, and $873,000 from 

10 private funds): Provided, That this appropriation shall not 

11 be available to subsidize the education of nonresidents of 

12 the District of Columbia at the University of the District 

13 of Columbia, unless the Board of Trustees of the Univer14 sity of the District of Columbia adopts, for the fiscal year 

15 ending September 30, 2005, a tuition rate schedule that 

16 will establish the tuition rate for nonresident students at 

17 a level no lower than the nonresident tuition rate charged 

18 at comparable public institutions of higher education in 

19 the metropolitan area. 

20 UNEMPLOYMENT COMPENSATION FUND

21 For the Unemployment Compensation Fund, 

22 $180,000,000 from other funds. 

23 DISTRICT OF COLUMBIA PERSONNEL TRUST FUND

24 For the District of Columbia Personnel Trust Fund, 

25 $953,000 from other funds. 
40 

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1 DISTRICT OF COLUMBIA PUBLIC LIBRARY TRUST FUND

2 For the District of Columbia Public Library Trust 

3 Fund, $17,000 from other funds: Provided, That $7,000 

4 shall be for the Theodore W. Noyes Trust Fund: Provided 

5 further, That $10,000 shall be for the Peabody Trust 

6 Fund. 

7 CAPITAL OUTLAY

8 (INCLUDING RESCISSIONS)

9 For construction projects, an increase of 

10 $1,087,649,000, of which $839,897,000 shall be from 

11 local funds, $38,542,000 from Highway Trust funds, 

12 $37,000,000 from the Rights-of-way funds, $172,209,000 

13 from Federal funds, and a rescission of $367,763,000 

14 from local funds appropriated under this heading in prior 

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

16 available until expended; in addition, $7,000,000 from 

17 funds previously appropriated in this Act under the head18 ing ‘‘Federal Payment for the Unified Communications 

19 Center’’ and $3,000,000 from funds previously appro20 priated in this Act under the heading ‘‘Federal Payment 

21 for the Anacostia Waterfront Initiative’’: Provided, That 

22 funds for use of each capital project implementing agency 

23 shall be managed and controlled in accordance with all 

24 procedures and limitations established under the Financial 

25 Management System: Provided further, That all funds pro-
41 

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1 vided by this appropriation title shall be available only for 

2 the specific projects and purposes intended: Provided fur3 ther, That the Office of the Chief Technology Officer of 

4 the District of Columbia shall implement the following in5 formation technology projects on behalf of the District of 

6 Columbia Public Schools: Student Information System 

7 (project number T2240), Student Information System 

8 PCS (project number T2241), Enterprise Resource Plan9 ning (project number T2242), E-Rate (project number 

10 T2243), and SETS Expansion PCS (project number 

11 T2244). 

12 TITLE III—GENERAL PROVISIONS 

13 SEC. 301. Whenever in this Act, an amount is speci14 fied within an appropriation for particular purposes or ob15 jects of expenditure, such amount, unless otherwise speci16 fied, shall be considered as the maximum amount that 

17 may be expended for said purpose or object rather than 

18 an amount set apart exclusively therefor. 

19 SEC. 302. Appropriations in this Act shall be avail20 able for expenses of travel and for the payment of dues 

21 of organizations concerned with the work of the District 

22 of Columbia government, when authorized by the Mayor: 

23 Provided, That in the case of the Council of the District 

24 of Columbia, funds may be expended with the authoriza25 tion of the Chairman of the Council. 
42 

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1 SEC. 303. There are appropriated from the applicable 

2 funds of the District of Columbia such sums as may be 

3 necessary for making refunds and for the payment of legal 

4 settlements or judgments that have been entered against 

5 the District of Columbia government. 

6 SEC. 304. No part of any appropriation contained in 

7 this Act shall remain available for obligation beyond the 

8 current fiscal year unless expressly to provided herein. 

9 SEC. 305. None of the funds appropriated in this Act 

10 shall be made available to pay the salary of any employee 

11 of the District of Columbia government whose name, title, 

12 grade, and salary are not available for inspection by the 

13 Committees on Appropriations of the House of Represent14 atives and Senate, the Committee on Government Reform 

15 of the House of Representatives, the Committee on Gov16 ernmental Affairs of the Senate, and the Council of the 

17 District of Columbia, or their duly authorized representa18 tive. 

19 SEC. 306. None of the Federal funds provided in this 

20 Act may be used for publicity or propaganda purposes or 

21 implementation of any policy including boycott designed 

22 to support or defeat legislation pending before Congress 

23 or any State legislature. 
43 

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1 SEC. 307. (a) None of the Federal funds provided in 

2 this Act may be used to carry out lobbying activities on 

3 any matter. 

4 (b) Nothing in this section may be construed to pro5 hibit any elected official from advocating with respect to 

6 any issue. 

7 SEC. 308. (a) None of the funds provided under this 

8 Act to the agencies funded by this Act, both Federal and 

9 District government agencies, that remain available for 

10 obligation or expenditure in fiscal year 2005, or provided 

11 from any accounts in the Treasury of the United States 

12 derived by the collection of fees available to the agencies 

13 funded by this Act, shall be available for obligation or ex14 penditures for an agency through a reprogramming of 

15 funds which— 

16 (1) creates new programs; 

17 (2) eliminates a program, project, or responsi18 bility center; 

19 (3) establishes or changes allocations specifi20 cally denied, limited or increased under this Act; 

21 (4) increases funds or personnel by any means 

22 for any program, project, or responsibility center for 

23 which funds have been denied or restricted; 

24 (5) reestablishes any program or project pre25 viously deferred through reprogramming; 
44 

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1 (6) augments any existing program, project, or 

2 responsibility center through a reprogramming of 

3 funds in excess of $1,000,000 or 10 percent, which4 ever is less; or 

5 (7) increases by 20 percent or more personnel 

6 assigned to a specific program, project or responsi7 bility center, unless the Committee on Appropria8 tions of the House of Representatives and Senate 

9 are notified in writing 15 days in advance of the re10 programming. 

11 (b) None of the local funds contained in this Act may 

12 be available for obligation or expenditure for an agency 

13 through a transfer of any local funds in excess of 

14 $1,000,000 from one appropriation heading to another un15 less the Committees on Appropriations of the House of 

16 Representatives and Senate are notified in writing 15 days 

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

18 the amount of any funds transferred exceed 4 percent of 

19 the local funds in the appropriations. 

20 SEC. 309. Consistent with the provisions of section 

21 1301(a) of title 31, United States Code, appropriations 

22 under this Act shall be applied only to the objects for 

23 which the appropriations were made except as otherwise 

24 provided by law. 
45 

S 2826 PCS 

1 SEC. 310. Notwithstanding any other provisions of 

2 law, the provisions of the District of Columbia Govern3 ment Comprehensive Merit Personnel Act of 1978 (D.C. 

4 Law 2–139; D.C. Official Code, sec. 1–601.01 et seq.), 

5 enacted pursuant to section 422(3) of the District of Co6 lumbia Home Rule Act (D.C. Official Code, sec. 1– 

7 204l.22(3)), shall apply with respect to the compensation 

8 of District of Columbia employees: Provided, That for pay 

9 purposes, employees of the District of Columbia govern10 ment shall not be subject to the provisions of title 5, 

11 United States Code. 

12 SEC. 311. No later than 30 days after the end of the 

13 first quarter of fiscal year 2005, the Mayor of the District 

14 of Columbia shall submit to the Council of the District 

15 of Columbia and the Committees on Appropriations of the 

16 House of Representatives and Senate the new fiscal year 

17 2005 revenue estimates as of the end of such quarter. 

18 These estimates shall be used in the budget request for 

19 fiscal year 2005. The officially revised estimates at mid20 year shall be used for the midyear report. 

21 SEC. 312. No sole source contract with the District 

22 of Columbia government or any agency thereof may be re23 newed or extended without opening that contract to the 

24 competitive bidding process as set forth in section 303 of 

25 the District of Columbia Procurement Practices Act of 
46 

S 2826 PCS 

1 1985 (D.C. Law 6–85; D.C. Official Code, sec. 2–303.03), 

2 except that the District of Columbia government or any 

3 agency thereof may renew or extend sole source contracts 

4 for which competition is not feasible or practical, but only 

5 if the determination as to whether to invoke the competi6 tive bidding process has been made in accordance with 

7 duly promulgated rules and procedures and has been re8 viewed and certified by the Chief Financial Officer of the 

9 District of Columbia. 

10 SEC. 313. None of the Federal funds provided in this 

11 Act may be used by the District of Columbia to provide 

12 for salaries, expenses, or other costs associated with the 

13 offices of United States Senator or United States Rep14 resentative under section 4(d) of the District of Columbia 

15 Statehood Constitutional Convention Initiatives of 1979 

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

17 SEC. 314. None of the funds appropriated under this 

18 Act shall be expended for any abortion except where the 

19 life of the mother would be endangered if the fetus were 

20 carried to term or where the pregnancy is the result of 

21 an act of rape or incest. 

22 SEC. 315. None of the Federal funds made available 

23 in this Act may be used to implement or enforce the 

24 Health Care Benefits Expansion Act of 1992 (D.C. Law 

25 9–114; D.C. Official Code, sec. 32–701 et seq.) or to oth-
47 

S 2826 PCS 

1 erwise implement or enforce any system of registration of 

2 unmarried, cohabiting couples, including but not limited 

3 to registration for the purpose of extending employment, 

4 health, or governmental benefits to such couples on the 

5 same basis that such benefits are extended to legally mar6 ried couples. 

7 SEC. 316. (a) Notwithstanding any other provision 

8 of this Act, the Mayor, in consultation with the Chief Fi9 nancial Officer of the District of Columbia may accept, 

10 obligate, and expend Federal, private, and other grants 

11 received by the District government that are not reflected 

12 in the amounts appropriated in this Act. 

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

14 be accepted, obligated, or expended pursuant to subsection 

15 (a) until— 

16 (A) the Chief Financial Officer of the District 

17 of Columbia submits to the Council a report setting 

18 forth detailed information regarding such grant; and 

19 (B) the Council has reviewed and approved the 

20 acceptance, obligation, and expenditure of such 

21 grant. 

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

23 shall be deemed to have reviewed and approved the accept24 ance, obligation, and expenditure of a grant if— 
48 

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1 (A) no written notice of disapproval is filed with 

2 the Secretary of the Council within 14 calendar days 

3 of the receipt of the report from the Chief Financial 

4 Officer under paragraph (1)(A); or 

5 (B) if such a notice of disapproval is filed with6 in such deadline, the Council does not by resolution 

7 disapprove the acceptance, obligation, or expenditure 

8 of the grant within 30 calendar days of the initial 

9 receipt of the report from the Chief Financial Offi10 cer under paragraph (1)(A). 

11 (c) No amount may be obligated or expended from 

12 the general fund or other funds of the District of Colum13 bia government in anticipation of the approval or receipt 

14 of a grant under subsection (b)(2) or in anticipation of 

15 the approval or receipt of a Federal, private, or other 

16 grant not subject to such subsection. 

17 (d) The Chief Financial Officer of the District of Co18 lumbia may adjust the budget for Federal, private, and 

19 other grants received by the District government reflected 

20 in the amounts appropriated in this Act, or approved and 

21 received under subsection (b)(2) to reflect a change in the 

22 actual amount of the grant. 

23 (e) The Chief Financial Officer of the District of Co24 lumbia shall prepare a quarterly report setting forth de25 tailed information regarding all Federal, private, and 
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1 other grants subject to this section. Each such report shall 

2 be submitted to the Council of the District of Columbia 

3 and to the Committees on Appropriations of the House 

4 of Representatives and Senate not later than 15 days after 

5 the end of the quarter covered by the report. 

6 SEC. 317. (a) Except as otherwise provided in this 

7 section, none of the funds made available by this Act or 

8 by any other Act may be used to provide any officer or 

9 employee of the District of Columbia with an official vehi10 cle unless the officer or employee uses the vehicle only in 

11 the performance of the officer’s or employee’s official du12 ties. For purposes of this paragraph, the term ‘‘official 

13 duties’’ does not include travel between the officer’s or em14 ployee’s residence and workplace, except in the case of— 

15 (1) an officer or employee of the Metropolitan 

16 Police Department who resides in the District of Co17 lumbia or is otherwise designated by the Chief of the 

18 Department; 

19 (2) an officer or employee of the District of Co20 lumbia Fire and Emergency Medical Services De21 partment who resides in the District of Columbia 

22 and is on call 24 hours a day or is otherwise des23 ignated by the Fire Chief; 

24 (3) the Mayor of the District of Columbia; and 
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1 (4) the Chairman of the Council of the District 

2 of Columbia. 

3 (b) The Chief Financial Officer of the District of Co4 lumbia shall submit by March 1, 2005, an inventory, as 

5 of September 30, 2004, of all vehicles owned, leased or 

6 operated by the District of Columbia government. The in7 ventory shall include, but not be limited to, the depart8 ment to which the vehicle is assigned; the year and make 

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

10 condition of the vehicle; annual operating and mainte11 nance costs; current mileage; and whether the vehicle is 

12 allowed to be taken home by a District officer or employee 

13 and if so, the officer or employee’s title and resident loca14 tion. 

15 SEC. 318. None of the funds contained in this Act 

16 may be used for purposes of the annual independent audit 

17 of the District of Columbia government for fiscal year 

18 2005 unless— 

19 (1) the audit is conducted by the Inspector 

20 General of the District of Columbia, in coordination 

21 with the Chief Financial Officer of the District of 

22 Columbia, pursuant to section 208(a)(4) of the Dis23 trict of Columbia Procurement Practices Act of 

24 1985 (D.C. Official Code, sec. 2–302.8); and 
51 

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1 (2) the audit includes as a basic financial state2 ment a comparison of audited actual year-end re3 sults with the revenues submitted in the budget doc4 ument for such year and the appropriations enacted 

5 into law for such year using the format, terminology, 

6 and classifications contained in the law making the 

7 appropriations for the year and its legislative his8 tory. 

9 SEC. 319. (a) None of the Federal funds contained 

10 in this Act may be used by the District of Columbia Cor11 poration Counsel or any other officer or entity of the Dis12 trict government to provide assistance for any petition 

13 drive or civil action which seeks to require Congress to 

14 provide for voting representation in Congress for the Dis15 trict of Columbia. 

16 (b) Nothing in this section bars the District of Co17 lumbia Corporation Counsel from reviewing or com18 menting on briefs in private lawsuits, or from consulting 

19 with officials of the District government regarding such 

20 lawsuits. 

21 SEC. 320. (a) None of the Federal funds contained 

22 in this Act may be used for any program of distributing 

23 sterile needles or syringes for the hypodermic injection of 

24 any illegal drug. 
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1 (b) Any individual or entity who receives any funds 

2 contained in this Act and who carries out any program 

3 described in subsection (a) shall account for all funds used 

4 for such program separately from any funds contained in 

5 this Act. 

6 SEC. 321. None of the funds contained in this Act 

7 may be used after the expiration of the 60-day period that 

8 begins on the date of the enactment of this Act to pay 

9 the salary of any chief financial officer of any office of 

10 the District of Columbia government (including any inde11 pendent agency of the District of Columbia) who has not 

12 filed a certification with the Mayor and the Chief Finan13 cial Officer of the District of Columbia that the officer 

14 understands the duties and restrictions applicable to the 

15 officer and the officer’s agency as a result of this Act (and 

16 the amendments made by this Act), including any duty 

17 to prepare a report requested either in the Act or in any 

18 of the reports accompanying the Act and the deadline by 

19 which each report must be submitted. The Chief Financial 

20 Officer of the District of Columbia shall provide to the 

21 Committees on Appropriations of the House of Represent22 atives and Senate by the 10th day after the end of each 

23 quarter a summary list showing each report, the due date, 

24 and the date submitted to the Committees. 
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1 SEC. 322. (a) None of the funds contained in this 

2 Act may be used to enact or carry out any law, rule, or 

3 regulation to legalize or otherwise reduce penalties associ4 ated with the possession, use, or distribution of any sched5 ule I substance under the Controlled Substances Act (21 

6 U.S.C. 802) or any tetrahydrocannabinols derivative. 

7 (b) The Legalization of Marijuana for Medical Treat8 ment Initiative of 1998, also known as Initiative 59, ap9 proved by the electors of the District of Columbia on No10 vember 3, 1998, shall not take effect. 

11 SEC. 323. Nothing in this Act may be construed to 

12 prevent the Council or Mayor of the District of Columbia 

13 from addressing the issue of the provision of contraceptive 

14 coverage by health insurance plans, but it is the intent 

15 of Congress that any legislation enacted on such issue 

16 should include a ‘‘conscience clause’’ which provides excep17 tions for religious beliefs and moral convictions. 

18 SEC. 324. The Mayor of the District of Columbia 

19 shall submit to the Committees on Appropriations of the 

20 House of Representatives and Senate, the Committee on 

21 Government Reform of the House of Representatives, and 

22 the Committee on Governmental Affairs of the Senate 

23 quarterly reports addressing— 

24 (1) crime, including the homicide rate, imple25 mentation of community policing, the number of po-
54 

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1 lice officers on local beats, and the closing down of 

2 open-air drug markets; 

3 (2) access to substance and alcohol abuse treat4 ment, including the number of treatment slots, the 

5 number of people served, the number of people on 

6 waiting lists, and the effectiveness of treatment pro7 grams; 

8 (3) management of parolees and pre-trial vio9 lent offenders, including the number of halfway 

10 houses escapes and steps taken to improve moni11 toring and supervision of halfway house residents to 

12 reduce the number of escapes to be provided in con13 sultation with the Court Services and Offender Su14 pervision Agency for the District of Columbia; 

15 (4) education, including access to special edu16 cation services and student achievement to be pro17 vided in consultation with the District of Columbia 

18 Public Schools and the District of Columbia public 

19 charter schools; 

20 (5) improvement in basic District services, in21 cluding rat control and abatement; 

22 (6) application for and management of Federal 

23 grants, including the number and type of grants for 

24 which the District was eligible but failed to apply 

25 and the number and type of grants awarded to the 
55 

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1 District but for which the District failed to spend 

2 the amounts received; and 

3 (7) indicators of child well-being. 

4 SEC. 325. (a) No later than 30 calendar days after 

5 the date of the enactment of this Act, the Chief Financial 

6 Officer of the District of Columbia shall submit to the ap7 propriate committees of Congress, the Mayor, and the 

8 Council of the District of Columbia a revised appropriated 

9 funds operating budget in the format of the budget that 

10 the District of Columbia government submitted pursuant 

11 to section 442 of the District of Columbia Home Rule Act 

12 (D.C. Official Code, sec. 1–204.42), for all agencies of the 

13 District of Columbia government for fiscal year 2004 that 

14 is in the total amount of the approved appropriation and 

15 that realigns all budgeted data for personal services and 

16 other-than-personal-services, respectively, with anticipated 

17 actual expenditures. 

18 (b) APPLICABILITY.—This provision shall apply only 

19 to an agency where the Chief Financial Officer of the Dis20 trict of Columbia certifies that a reallocation is required 

21 to address unanticipated changes in program require22 ments. 

23 SEC. 326. None of the funds contained in this Act 

24 may be used to issue, administer, or enforce any order 

25 by the District of Columbia Commission on Human Rights 
56 

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1 relating to docket numbers 93–030–(PA) and 93–031– 

2 (PA). 

3 SEC. 327. Notwithstanding any other law, the Dis4 trict of Columbia Courts shall transfer to the general 

5 treasury of the District of Columbia all fines levied and 

6 collected by the Courts under section 10(b)(1) and (2) of 

7 the District of Columbia Traffic Act (D.C. Official Code, 

8 sec. 50–2201.05(b)(1) and (2)). The transferred funds 

9 shall remain available until expended and shall be used 

10 by the Office of the Corporation Counsel for enforcement 

11 and prosecution of District traffic alcohol laws in accord12 ance with section 10(b)(3) of the District of Columbia 

13 Traffic Act (D.C. Official Code, sec. 50–2201.05(b)(3)). 

14 SEC. 328. None of the funds contained in this Act 

15 may be made available to pay— 

16 (1) the fees of an attorney who represents a 

17 party in an action or an attorney who defends an ac18 tion, including an administrative proceeding, brought 

19 against the District of Columbia Public Schools 

20 under the Individuals with Disabilities Education 

21 Act (20 U.S.C. 1400 et seq.) in excess of $4,000 for 

22 that action; or 

23 (2) the fees of an attorney or firm whom the 

24 Chief Financial Officer of the District of Columbia 

25 determines to have a pecuniary interest, either 
57 

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1 through an attorney, officer or employee of the firm, 

2 in any special education diagnostic services, schools, 

3 or other special education service providers. 

4 SEC. 329. The Chief Financial Officer of the District 

5 of Columbia shall require attorneys in special education 

6 cases brought under the Individuals with Disabilities Act 

7 (IDEA) in the District of Columbia to certify in writing 

8 that the attorney or representative rendered any and all 

9 services for which they receive awards, including those re10 ceived under a settlement agreement or as part of an ad11 ministrative proceeding, under the IDEA from the District 

12 of Columbia: Provided, That as part of the certification, 

13 the Chief Financial Officer of the District of Columbia 

14 shall require all attorneys in IDEA cases to disclose any 

15 financial, corporate, legal, memberships on boards of di16 rectors, or other relationships with any special education 

17 diagnostic services, schools, or other special education 

18 service providers to which the attorneys have referred any 

19 clients as part of this certification: Provided further, That 

20 the Chief Financial Officer shall prepare and submit quar21 terly reports to the Committees on Appropriations of the 

22 House of Representatives and Senate on the certification 

23 of and the amount paid by the government of the District 

24 of Columbia, including the District of Columbia Public 

25 Schools, to attorneys in cases brought under IDEA: Pro-
58 

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1 vided further, That the Inspector General of the District 

2 of Columbia may conduct investigations to determine the 

3 accuracy of the certifications. 

4 SEC. 330. Section 401(a) and (b) of Chapter 4 of 

5 Public Law 106–554 is hereby amended by striking para6 graph (5). 

7 SEC. 331. Sections 11–1701(b)(5), 11–1704(b), 11– 

8 1723(b), 11–2102(a)(2), and the second and third sen9 tences of Section 11–1724, of the District of Columbia 

10 Official Code, are hereby repealed. 

11 SEC. 332. Section 11–1728 of the District of Colum12 bia Official Code, is amended to read as follows: 

13 ‘‘SEC. 11–1728. RECRUITMENT AND TRAINING OF PER14 SONNEL AND TRAVEL. 

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

16 recruiting such qualified personnel as may be necessary 

17 for the District of Columbia Courts and for providing in18 service training for court personnel. 

19 ‘‘(b) Travel under Federal supply schedules is author20 ized for the travel of court personnel on official business. 

21 The joint committee shall prescribe such requirements, 

22 conditions and restrictions for such travel as it considers 

23 appropriate, and shall include policies and procedures for 

24 preventing abuses of that travel authority.’’. 
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1 SEC. 333. Section 450A of the District of Columbia 

2 Home Rule Act, approved December 24, 1973 (87 Stat. 

3 803; D.C. Official Code, sec. 1–204.50a), is amended as 

4 follows: 

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

6 (A) Paragraph (1) is amended to read as 

7 follows: 

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

9 emergency cash reserve fund (‘emergency reserve 

10 fund’) as an interest-bearing account (separate from 

11 other accounts in the General Fund) into which the 

12 Mayor shall make a deposit in cash not later than 

13 October 1 of each fiscal year of such an amount as 

14 may be required to maintain a balance in the fund 

15 of at least 2 percent of the operating expenditures 

16 as defined in paragraph (2) of this subsection or 

17 such amount as may be required for deposit in a fis18 cal year in which the District is replenishing the 

19 emergency reserve fund pursuant to subsection 

20 (a)(7).’’. 

21 (B) Paragraph (2) is amended to read as 

22 follows: 

23 ‘‘(2) IN GENERAL.—For the purpose of this 

24 subsection, operating expenditures is defined as the 

25 amount reported in the District of Columbia’s Com-
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1 prehensive Annual Financial Report for the fiscal 

2 year immediately preceding the current fiscal year as 

3 the actual operating expenditure from local funds, 

4 less such amounts that are attributed to debt service 

5 payments for which a separate reserve fund is al6 ready established under this Act.’’. 

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

8 follows: 

9 ‘‘(7) REPLENISHMENT.—The District of Co10 lumbia shall appropriate sufficient funds each fiscal 

11 year in the budget process to replenish any amounts 

12 allocated from the emergency reserve fund during 

13 the preceding fiscal years so that not less than 50 

14 percent of any amount allocated in the preceding fis15 cal year or the amount necessary to restore the 

16 emergency reserve fund to the 2 percent required 

17 balance, whichever is less, is replenished by the end 

18 of the first fiscal year following each such allocation 

19 and 100 percent of the amount allocated or the 

20 amount necessary to restore the emergency reserve 

21 fund to the 2 percent required balance, whichever is 

22 less, is replenished by the end of the second fiscal 

23 year following each such allocation.’’. 

24 (2) Subsection (b) is amended as follows: 
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1 (A) Paragraph (1) is amended to read as 

2 follows: 

3 ‘‘(1) IN GENERAL.—There is established a con4 tingency cash reserve fund (‘contingency reserve 

5 fund’) as an interest-bearing account, separate from 

6 other accounts in the General Fund, into which the 

7 Mayor shall make a deposit in cash not later than 

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

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

10 least 4 percent of the operating expenditures as de11 fined in paragraph (2) of this subsection or such 

12 amount as may be required for deposit in a fiscal 

13 year in which the District is replenishing the emer14 gency reserve fund pursuant to subsection (b)(6).’’. 

15 (B) Paragraph (2) is amended to read as 

16 follows: 

17 ‘‘(2) IN GENERAL.—For the purpose of this 

18 subsection, operating expenditures is defined as the 

19 amount reported in the District of Columbia’s Com20 prehensive Annual Financial Report for the fiscal 

21 year immediately preceding the current fiscal year as 

22 the actual operating expenditure from local funds, 

23 less such amounts that are attributed to debt service 

24 payments for which a separate reserve fund is al25 ready established under this Act.’’. 
62 

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1 (C) Paragraph (6) is amended to read as 

2 follows: 

3 ‘‘(6) REPLENISHMENT.—The District of Co4 lumbia shall appropriate sufficient funds each fiscal 

5 year in the budget process to replenish any amounts 

6 allocated from the contingency reserve fund during 

7 the preceding fiscal years so that not less than 50 

8 percent of any amount allocated in the preceding fis9 cal year or the amount necessary to restore the con10 tingency reserve fund to the 4 percent required bal11 ance, whichever is less, is replenished by the end of 

12 the first fiscal year following each such allocation 

13 and 100 percent of the amount allocated or the 

14 amount necessary to restore the contingency reserve 

15 fund to the 4 percent required balance, whichever is 

16 less, is replenished by the end of the second fiscal 

17 year following each such allocation.’’. 

18 SEC. 334. For fiscal year 2005, the Chief Financial 

19 Officer shall re-calculate the emergency and contingency 

20 cash reserve funds amount established by Section 450A 

21 of the District of Columbia Home Rule Act, approved De22 cember 24, 1973 (87 Stat. 803; D.C. Official Code, sec. 

23 1–204.50a), as amended by this Act and is authorized to 

24 transfer funds between the emergency and contingency 

25 cash reserve funds to reach the required percentages: Pro-
63 

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1 vided, That for fiscal year 2005, the Chief Financial Offi2 cer may transfer funds from the emergency and contin3 gency cash reserve funds to the general fund of the Dis4 trict of Columbia to the extent that such funds are not 

5 necessary to meet the requirements established for each 

6 fund: Provided further, That the Chief Financial Officer 

7 may not transfer funds from the emergency or the contin8 gency reserve funds to the extent that such a transfer 

9 would lower the fiscal year 2005 total percentage below 

10 7 percent of operating expenditures, as amended by this 

11 Act. 

12 SEC. 335. Section 6 of the Policemen and Firemen’s 

13 Retirement and Disability Act, approved August 21, 1957 

14 (Public Law 85–157; 71 Stat. 399; D.C. Official Code 

15 § 5–732) is amended by striking the phrase ‘‘of this chap16 ter, to the extent that such benefit payments exceed the 

17 deductions from the salaries of federal employees for cred18 it to the revenues of the District of Columbia.’’ and insert19 ing the phrase ‘‘of this chapter and to reimburse the Dis20 trict of Columbia for the administrative costs associated 

21 with making such benefit payments for credit to the reve22 nues of the District of Columbia: Provided, That benefit 

23 payment reimbursement shall only be to the extent that 

24 such benefit payments exceed the deductions from the sal25 aries of federal employees.’’ in its place. 
64 

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1 SEC. 336. Notwithstanding any other provision of 

2 this Act, there is hereby appropriated for the Office of 

3 the Inspector General such amounts in local funds, as are 

4 consistent with the annual estimates for the expenditures 

5 and appropriations necessary for the operation of the Of6 fice of the Inspector General as prepared by the Inspector 

7 General and submitted to the Mayor and forwarded to the 

8 Council pursuant to D.C. Official Code 2–302.08(a)(2)(A) 

9 for fiscal year 2005: Provided, That the Office of the Chief 

10 Financial Officer shall take such steps as are necessary 

11 to implement the provisions of this subsection. 

12 SEC. 337. The authority which the Chief Financial 

13 Officer of the District of Columbia exercised with respect 

14 to personnel, procurement, and the preparation of fiscal 

15 impact statements during a control period (as defined in 

16 Public Law 104–8) shall remain in effect through Sep17 tember 30, 2005. 

18 SEC. 338. The paragraph under the heading ‘‘Federal 

19 Payment for Incentives for Adoption of Children’’ in Pub20 lic Law 106–113, approved November 29, 1999 (113 Stat. 

21 1501), is amended to add the following proviso: ‘‘: Pro22 vided further, That the funds provided under this heading 

23 for the establishment of a scholarship fund for District 

24 of Columbia children of adoptive families, and District of 

25 Columbia children without parents due to the September 
65 

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1 11, 2001 terrorist attack to be used for post high school 

2 education and training, once obligated by the District to 

3 establish the scholarship fund, shall remain obligated and 

4 be retained by the District for 25 years from the date of 

5 obligation to allow for any individual who is within the 

6 class of persons to be assisted by this provision to reach 

7 post high school and to present expenditures to be extin8 guished by the fund’’. 

9 SEC. 339. AUTHORITY OF OPCSFS. (a) Section 

10 161(3)(E)(i) of Public Law 106–522 shall be amended to 

11 include a new section known as (E)(i)(IV) to establish reg12 ulations for administering lease guarantees through the 

13 credit enhancement fund to public charter schools in the 

14 District of Columbia. 

15 (b) The first sentence of section 143 of the District 

16 of Columbia Appropriations Act of 2003 (Public Law 

17 108–7, 117 STAT. 130) approved April 20, 2003 is 

18 amended by striking the phrase, ‘‘under the authority of 

19 the Department of Banking and Financial Institutions’’ 

20 and inserting ‘‘under the authority of the Mayor’’ in its 

21 place. 

22 SEC. 340. PROCESS FOR FILING CHARTER PETI23 TIONS. D.C. Code § 38–1802.01 is amended by adding a 

24 new section (e) as follows— 
66 

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1 ‘‘(e) A petition to establish a public charter school 

2 in the District of Columbia, or to convert a District of 

3 Columbia public school or an existing private or inde4 pendent school, is a public document.’’. 

5 SEC. 341. AMENDMENTS TO CHARTER SCHOOL LAW. 

6 (a) PROCESS FOR FILING CHARTER PETITIONS.—Section 

7 2201 of the District of Columbia School Reform Act of 

8 1995 (D.C. Code 38–1802.01) is amended— 

9 (1) in subsection (a)(3)(B), by striking ‘‘two10 thirds’’ and inserting ‘‘51 percent’’; and 

11 (2) in subsection (b)(3)(B), by striking ‘‘two12 thirds’’ and inserting ‘‘51 percent’’. 

13 (b) EMPLOYEES.—Section 2207 of the District of Co14 lumbia School Reform Act of 1995 (D.C. Code 38– 

15 1802.07) is amended by adding at the end the following: 

16 ‘‘(d) TEACHERS REMAINING AT CONVERTED PUBLIC

17 CHARTER SCHOOLS.—A teacher employed at a District of 

18 Columbia public school that converts to a public charter 

19 school under section 2201 shall have the option of remain20 ing at the charter school during the school’s first year of 

21 operation after receiving an extended leave of absence 

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

23 teacher may continue to be employed at the public charter 

24 school, at the sole discretion of the public charter school, 
67 

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1 or shall maintain current status within the District of Co2 lumbia public school system.’’. 

3 (c) PUBLIC SCHOOL SERVICES TO PUBLIC CHARTER

4 SCHOOLS.—Section 2209(b) of the District of Columbia 

5 School Reform Act of 1995 (D.C. Code 38–1802.09(b)) 

6 is amended— 

7 (1) in paragraph (1)— 

8 (A) by amending subparagraph (A) to read 

9 as follows: 

10 ‘‘(A) IN GENERAL.—Notwithstanding any 

11 other provision of law, regulation, or order re12 lating to the disposition of a facility or property 

13 described in subparagraph (B), or to the dis14 position of any property of the District of Co15 lumbia, the Mayor and the District of Columbia 

16 government shall give a right of first offer, 

17 which right shall be annually reinstated with re18 spect to any facility or property not previously 

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

20 to an eligible applicant whose petition to estab21 lish a public charter school has been condi22 tionally approved under section 2203(d)(2), or 

23 a Board of Trustees, with respect to the pur24 chase, lease, transfer, or use of a facility or 

25 property described in subparagraph (B).’’; 
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1 (B) by amending subparagraph (B)(iii) to 

2 read as follows: 

3 ‘‘(iii) With respect to which— 

4 ‘‘(I) the Board of Education has 

5 transferred jurisdiction to the Mayor 

6 and over which the Mayor has juris7 diction on the effective date of this 

8 subclause; or 

9 ‘‘(II) over which the Mayor or 

10 any successor agency gains jurisdic11 tion after the effective date of this 

12 subclause.’’; and 

13 (C) by adding at the end the following: 

14 ‘‘(C) TERMS OF PURCHASE OR LEASE.— 

15 The terms of purchase or lease of a facility or 

16 property described in subparagraph (B) shall— 

17 ‘‘(i) be negotiated by the Mayor; 

18 ‘‘(ii) include rent or an acquisition 

19 price, as applicable, that is at least 25 per20 cent less than the appraised value of the 

21 property (based on use of the property for 

22 school purposes); and 

23 ‘‘(iii) include a lease period, if the 

24 property is to be leased, of not less than 

25 25 years, and renewable for additional 25- 
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1 year periods as long as the eligible appli2 cant or Board of Trustees maintains its 

3 charter.’’; and 

4 (2) in paragraph (2)(A), by striking ‘‘pref5 erence’’ and inserting ‘‘a right to first offer’’; and 

6 (3) by adding at the end the following: 

7 ‘‘(3) CONVERSION PUBLIC CHARTER

8 SCHOOLS.—Any District of Columbia public school 

9 that was approved to become a conversion public 

10 charter school under section 2201 before the effec11 tive date of this subsection or is approved to become 

12 a conversion public charter school after the effective 

13 date of this subsection, shall have the right to exclu14 sively occupy the facilities the school occupied as a 

15 District of Columbia public school under a lease for 

16 a period of not less than 25 years, renewable for ad17 ditional 25-year periods as long as the school main18 tains its charter at the non-profit rate, or if there 

19 is no non-profit rate, at 25 percent less than the fair 

20 market rate for school use.’’. 

21 SEC. 342. ANNUAL REPORT TO CONGRESS. Section 

22 2211 of the School Reform Act of 1995 (D.C. Code 38– 

23 1802.11) shall be amended by: 

24 (1) adding the following new subparagraph at 

25 the end of section 2211(a)(1): 
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1 ‘‘(D) Shall ensure that each public charter 

2 school complies with the annual reporting re3 quirement of subsection 38–1802.04(b)(11) of 

4 this Act, including submission of the audited fi5 nancial statement required by sub-subsection 

6 (B)(ix) of that section.’’; and 

7 (2) adding the following before the period at 

8 the end of subparagraph (d): ‘‘(10) details of major 

9 Board actions; (11) major findings from school re10 views of academic, financial, and compliance with 

11 health and safety standards and resulting Board ac12 tion or recommendations; (12) details of the fifth 

13 year review process and outcomes; (13) summary of 

14 annual financial audits of all charter schools, includ15 ing (a) the number of schools that failed to timely 

16 submit the audited financial statement required by 

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

18 revealed a failure to follow required accounting prac19 tices or other material deficiencies; and (c) the steps 

20 taken by the authority to ensure that deficiencies 

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

22 schools which have required intervention by author23 izing board to address any academic or operational 

24 issue; (15) what recommendations an authorizing 

25 board has made to correct identified deficiencies’’. 
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1 SEC. 343. LEASE TO DISTRICT OF COLUMBIA. (a) 

2 LEASE.— 

3 (1) IN GENERAL.—Not later than 90 days after 

4 the date of enactment of this Act, subject to sub5 section (b), the Secretary of the Interior (referred to 

6 in this section as the ‘‘Secretary’’) shall lease to the 

7 government of the District of Columbia, without 

8 consideration, the property described in paragraph 

9 (2). 

10 (2) PROPERTY.—The property referred to in 

11 paragraph (1) is— 

12 (A) the National Park Service land in Ana13 costia Park, the boundaries of which are the 

14 Anacostia River to the west, Watts Branch to 

15 the south, Kenilworth Aquatic Gardens to the 

16 north, and Anacostia Avenue to the east (US 

17 Reservations 325 and 343, Section G); and 

18 (B) the community center under the juris19 diction of the District of Columbia known as 

20 the ‘‘Kenilworth Parkside Community Center’’. 

21 (b) CONDITIONS OF LEASE.— 

22 (1) TERM.—The lease under subsection (a)(1) 

23 shall be for a period of 50 years. 

24 (2) TRANSFER OF TITLE.—The lease under 

25 subsection (a)(1) shall be subject to such terms and 
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1 conditions, to be included in the lease, as are nec2 essary to ensure that the property leased under that 

3 subsection— 

4 (A) may be subleased by the District of 

5 Columbia to any public entity or private not6 for-profit corporation under a public process; 

7 and 

8 (B) is used only for the provision of public 

9 recreational facilities, open space, or public out10 door recreational opportunities. 

11 (C) Nothing in the Act precludes the Dis12 trict of Columbia from entering into a sublease 

13 for all or part of the property with a public not14 for-profit entity for the management or mainte15 nance of the property. 

16 (3) TERMINATION.— 

17 (A) IN GENERAL.—The lease under sub18 section (a)(1) shall terminate if— 

19 (i) any term or condition of the lease 

20 described in paragraph (2) is violated, as 

21 determined by the Secretary; and 

22 (ii) the violation is not corrected by 

23 the date that is 90 days after the date on 

24 which the Mayor of the District of Colum-
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1 bia receives from the Secretary a written 

2 notice of the violation. 

3 (B) DETERMINATION OF CORRECTION.—A 

4 violation of a term or condition of the lease 

5 under subsection (a)(1) shall be determined to 

6 have been corrected under subparagraph (A)(ii) 

7 if, after notification of the violation, the District 

8 of Columbia and the Secretary enter into an 

9 agreement that the Secretary considers to be 

10 adequate to ensure that the property leased will 

11 be used in a manner consistent with paragraph 

12 (2). 

13 (4) PROHIBITION OF CIVIL ACTIONS.—No per14 son may bring a civil action relating to a violation 

15 any term or condition of the lease described in para16 graph (2) before the date that is 90 days after the 

17 person notifies the Mayor of the District of Colum18 bia of the alleged violation (including the intent of 

19 the person to bring a civil action for termination of 

20 the lease under paragraph (3)). 

21 (5) REMOVAL OF STRUCTURES; REHABILITA22 TION.—The lease under subsection (a)(1) shall be 

23 subject to the condition that, in the event of a termi24 nation of the lease under paragraph (3), the District 
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1 of Columbia shall bear the cost of removing struc2 tures on, or rehabilitating, the property leased. 

3 (6) ADMINISTRATION OF PROPERTY.—If the 

4 lease under subsection (a)(1) is terminated under 

5 paragraph (3), the property covered by the lease 

6 shall be administered by the Secretary as a unit of 

7 the National Park System in the District of Colum8 bia in accordance with— 

9 (A) the Act of August 25, 1916 (commonly 

10 known as the ‘‘National Park Service Organic 

11 Act’’) (16 U.S.C. 1 et seq.); and 

12 (B) other laws (including regulations) gen13 erally applicable to units of the National Park 

14 System. 

15 SEC. 344. BIENNIAL EVALUATION OF CHARTER

16 SCHOOL AUTHORIZING BOARDS. (a) Biennial manage17 ment evaluation of the District of Columbia Chartering 

18 Authorities for the District of Columbia Public Charter 

19 Schools shall be conducted by the Comptroller General of 

20 the United States. 

21 (b) Evaluation shall include the following: 

22 (1) Establish standards to assess each author23 izer’s procedures and oversight quality; 

24 (2) Identify gaps in oversight and recommenda25 tions; 
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1 (3) Review processes of charter school applica2 tions; 

3 (4) Extent of ongoing monitoring, technical as4 sistance, and sanctions provided to schools; 

5 (5) Compliance with annual reporting require6 ments; 

7 (6) Actual budget expenditures for the pre8 ceding two fiscal years; 

9 (7) Comparison of budget expenditures with 

10 mandated responsibilities; 

11 (8) Alignment with best practices; and 

12 (9) Quality and timeliness of meeting Section 

13 2211(d) of the School Reform Act of 1995 (D.C. 

14 Code 38–1802.11(d)), as amended. 

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

16 Government Accountability Office shall submit to the 

17 Committees on Appropriations of the House of Represent18 atives and Senate, no later than May 1, 2005, a baseline 

19 report on the performance of each authorizer in meeting 

20 the requirements of the School Reform Act of 1995. 

21 (d) Hereafter Section 2214(f) of Public Law 104– 

22 143 (D.C. Code 38–1802.14(f)), shall apply to the District 

23 of Columbia Board of Education Charter Schools Office. 

24 SEC. 345. CLARIFYING OPERATIONS OF PUBLIC

25 CHARTER SCHOOL BOARD. Section 2214 of the School Re-
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1 form Act of 1995 (Public Law 104–134; D.C. Code 38– 

2 1802.14), is amended— 

3 (1) by striking subsection (f) and inserting the 

4 following: 

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

6 according to Generally Accepted Accounting Principles for 

7 Not-for-Profit Organizations. The Board shall provide for 

8 an audit of the financial statements of the Board by an 

9 independent certified public accountant in accordance with 

10 Government auditing standards for financial audits issued 

11 by the Comptroller General of the United States. The find12 ings and recommendations of any such audit shall be for13 warded to the Mayor, the District of Columbia Council, 

14 the appropriate congressional committees, and the Office 

15 of the Chief Financial Officer.’’; and 

16 (2) adding at the end the following: 

17 ‘‘(h) CONTRACTING AND PROCUREMENT.—The 

18 Board shall have the authority to solicit, award, and exe19 cute contracts independently of the Office of Contracting 

20 and Procurement and the Chief Procurement Officer. 

21 Nothing in chapter 3 of title 2 of the District of Columbia 

22 Code shall affect the authority of the Board under this 

23 subsection.’’. 

24 This Act may be cited as the ‘‘District of Columbia 

25 Appropriations Act, 2005’’. 

Calendar No. 709 

108TH CONGRESS 

2D SESSION S. 2826 

[Report No. 108–354] 

A BILL 

Making appropriations for the government of the 

30, 2005, and for other purposes. said District for the fiscal year ending September able in whole or in part against the revenues of District of Columbia and other activities chargeSEPTEMBER 21 2004 

Read twice and placed on the calendar