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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4850 Reported in House (RH)]

                                                 Union Calendar No. 369
108th CONGRESS
  2d Session
                                H. R. 4850

                          [Report No. 108-610]

 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 HOUSE OF REPRESENTATIVES

                             July 19, 2004

 Mr. Frelinghuysen, from the Committee on Appropriations, reported the 
following bill; which was committed to the Committee of the Whole House 
          on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL

 
 Making appropriations for the government of the District of Columbia 
    and other activities chargeable in whole or in part against the 
  revenues of said District for the fiscal year ending September 30, 
                     2005, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the District of Columbia and related agencies for the 
fiscal year ending September 30, 2005, and for other purposes, namely:

                         TITLE I--FEDERAL FUNDS

              Federal Payment for Resident Tuition Support

    For a Federal payment to the District of Columbia, to be deposited 
into a dedicated account, for a nationwide program to be administered 
by the Mayor, for District of Columbia resident tuition support, 
$25,600,000, to remain available until expended: Provided, That such 
funds, including any interest accrued thereon, may be used on behalf of 
eligible District of Columbia residents to pay an amount based upon the 
difference between in-State and out-of-State tuition at public 
institutions of higher education, or to pay up to $2,500 each year at 
eligible private institutions of higher education: Provided further, 
That the awarding of such funds may be prioritized on the basis of a 
resident's academic merit, the income and need of eligible students and 
such other factors as may be authorized: Provided further, That the 
District of Columbia government shall maintain a dedicated account for 
the Resident Tuition Support Program that shall consist of the Federal 
funds appropriated to the Program in this Act and any subsequent 
appropriations, any unobligated balances from prior fiscal years, and 
any interest earned in this or any fiscal year: Provided further, That 
the account shall be under the control of the District of Columbia 
Chief Financial Officer, who shall use those funds solely for the 
purposes of carrying out the Resident Tuition Support Program: Provided 
further, That the Office of the Chief Financial Officer shall provide a 
quarterly financial report to the Committees on Appropriations of the 
House of Representatives and Senate for these funds showing, by object 
class, the expenditures made and the purpose therefor: Provided 
further, That not more than 7 percent of the total amount appropriated 
for this program may be used for administrative expenses.

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

    For necessary expenses, as determined by the Mayor of the District 
of Columbia in written consultation with the elected county or city 
officials of surrounding jurisdictions, $15,000,000, to remain 
available until expended, to reimburse the District of Columbia for the 
costs of providing public safety at events related to the presence of 
the national capital in the District of Columbia and for the costs of 
providing support to respond to immediate and specific terrorist 
threats or attacks in the District of Columbia or surrounding 
jurisdictions: Provided, That any amount provided under this heading 
shall be available only after notice of its proposed use has been 
transmitted by the President to Congress and such amount has been 
apportioned pursuant to chapter 15 of title 31, United States Code.

           Federal Payment to the District of Columbia Courts

    For salaries and expenses for the District of Columbia Courts, 
$202,110,000, to be allocated as follows: for the District of Columbia 
Court of Appeals, $8,952,000, of which not to exceed $1,500 is for 
official reception and representation expenses; for the District of 
Columbia Superior Court, $84,948,000, of which not to exceed $1,500 is 
for official reception and representation expenses; for the District of 
Columbia Court System, $40,699,000, of which not to exceed $1,500 is 
for official reception and representation expenses; and $67,511,000, to 
remain available until September 30, 2006, for capital improvements for 
District of Columbia courthouse facilities: Provided, That 
notwithstanding any other provision of law, a single contract or 
related contracts for development and construction of facilities may be 
employed which collectively include the full scope of the project: 
Provided further, That the solicitation and contract shall contain the 
clause ``availability of Funds'' found at 48 CFR 52.232-18: Provided 
further, That funds made available for capital improvements shall be 
expended consistent with the General Services Administration master 
plan study and building evaluation report: Provided further, That 
notwithstanding any other provision of law, all amounts under this 
heading shall be apportioned quarterly by the Office of Management and 
Budget and obligated and expended in the same manner as funds 
appropriated for salaries and expenses of other Federal agencies, with 
payroll and financial services to be provided on a contractual basis 
with the General Services Administration (GSA), and such services shall 
include the preparation of monthly financial reports, copies of which 
shall be submitted directly by GSA to the President and to the 
Committees on Appropriations of the House of Representatives and 
Senate, the Committee on Government Reform of the House of 
Representatives, and the Committee on Governmental Affairs of the 
Senate: Provided further, That 30 days after providing written notice 
to the Committees on Appropriations of the House of Representatives and 
Senate, the District of Columbia Courts may reallocate not more than 
$1,000,000 of the funds provided under this heading among the items and 
entities funded under this heading for operations, and not more than 4 
percent of the funds provided under this heading for facilities.

            Defender Services in District of Columbia Courts

    For payments authorized under section 11-2604 and section 11-2605, 
D.C. Official Code (relating to representation provided under the 
District of Columbia Criminal Justice Act), payments for counsel 
appointed in proceedings in the Family Court of the Superior Court of 
the District of Columbia under chapter 23 of title 16, D.C. Official 
Code, or pursuant to contractual agreements to provide guardian ad 
litem representation, training, technical assistance and such other 
services as are necessary to improve the quality of guardian ad litem 
representation, payments for counsel appointed in adoption proceedings 
under chapter 3 of title 16, D.C. Code, and payments for counsel 
authorized under section 21-2060, D.C. Official Code (relating to 
representation provided under the District of Columbia Guardianship, 
Protective Proceedings, and Durable Power of Attorney Act of 1986), 
$41,500,000, to remain available until expended: Provided, That the 
funds provided in this Act under the heading ``Federal Payment to the 
District of Columbia Courts'' (other than the $67,511,000 provided 
under such heading for capital improvements for District of Columbia 
courthouse facilities) may also be used for payments under this 
heading: Provided further, That in addition to the funds provided under 
this heading, the Joint Committee on Judicial Administration in the 
District of Columbia shall use funds provided in this Act under the 
heading ``Federal Payment to the District of Columbia Courts'' (other 
than the $67,511,000 provided under such heading for capital 
improvements for District of Columbia courthouse facilities), to make 
payments described under this heading for obligations incurred during 
any fiscal year: Provided further, That funds provided under this 
heading shall be administered by the Joint Committee on Judicial 
Administration in the District of Columbia: Provided futher, That 
notwithstanding any other provision of law, this appropriation shall be 
apportioned quarterly by the Office of Management and Budget and 
obligated and expended in the same manner as funds appropriated for 
expenses of other Federal agencies, with payroll and financial services 
to be provided on a contractual basis with the General Services 
Administration (GSA), and such services shall include the preparation 
of monthly financial reports, copies of which shall be submitted 
directly by GSA to the President and to the Committees on 
Appropriations of the House of Representatives and Senate, the 
Committee on Government Reform of the House of Representatives, and the 
Committee on Governmental Affairs of the Senate.

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

                     (including transfer of funds)

    For salaries and expenses, including the transfer and hire of motor 
vehicles, of the Court Services and Offender Supervision Agency for the 
District of Columbia and the Public Defender Service for the District 
of Columbia, as authorized by the National Capital Revitalization and 
Self-Government Improvement Act of 1997, $183,490,000, of which not to 
exceed $2,000 is for official receptions and representation expenses 
related to Community Supervision and Pretrial Services Agency programs; 
of which not to exceed $25,000 is for dues and assessments relating to 
the implementation of the Court Services and Offender Supervision 
Agency Interstate Supervision Act of 2002; of which $115,343,000 shall 
be for necessary expenses of Community Supervision and Sex Offender 
Registration, to include expenses relating to the supervision of adults 
subject to protection orders or the provision of services for or 
related to such persons; of which $39,314,000 shall be available to the 
Pretrial Services Agency; and of which $28,833,000 shall be transferred 
to the Public Defender Service for the District of Columbia: Provided, 
That notwithstanding any other provision of law, all amounts under this 
heading shall be apportioned quarterly by the Office of Management and 
Budget and obligated and expended in the same manner as funds 
appropriated for salaries and expenses of other Federal agencies: 
Provided further, That the Director is authorized to accept and use 
gifts in the form of in-kind contributions of space and hospitality to 
support offender and defendant programs, and equipment and vocational 
training services to educate and train offenders and defendants: 
Provided further, That the Director shall keep accurate and detailed 
records of the acceptance and use of any gift or donation under the 
previous proviso, and shall make such records available for audit and 
public inspection: Provided further, That the Court Services and 
Offender Supervision Agency Director is authorized to accept and use 
reimbursement from the D.C. Government for space and services provided 
on a cost reimbursable basis: Provided further, That the Public 
Defender Service is authorized to charge fees to cover costs of 
materials distributed to attendees of educational events, including 
conferences, sponsored by the Public Defender Service, and 
notwithstanding section 3302 of title 31, United States Code, said fees 
shall be credited to the Public Defender Service account to be 
available for use without further appropriation.

 Federal Payment to the District of Columbia Water and Sewer Authority

    For a Federal payment to the District of Columbia Water and Sewer 
Authority, $10,000,000, to remain available until expended, to continue 
implementation of the Combined Sewer Overflow Long-Term Plan: Provided, 
That the District of Columbia Water and Sewer Authority provides a 100 
percent match for this payment.

        Federal Payment for the Anacostia Waterfront Initiative

    For a Federal payment to the District of Columbia Department of 
Transportation, $3,000,000, to remain available until September 30, 
2006, for design and construction of a continuous pedestrian and 
bicycle trail system from the Potomac River to the District's border 
with Maryland.

      Federal Payment to the Criminal Justice Coordinating Council

    For a Federal payment to the Criminal Justice Coordinating Council, 
$1,300,000, to support initiatives related to the coordination of 
Federal and local criminal justice resources in the District of 
Columbia.

  Federal Payment for Capital Development in the District of Columbia

    For a Federal payment to the District of Columbia for capital 
development, $7,000,000, to remain available until expended, for the 
Unified Communications Center.

              Federal Payment for Public School Libraries

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

            Federal Payment for the Family Literacy Program

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

    Federal Payment for Foster Care Improvements in the District of 
                                Columbia

    For the Federal payment to the District of Columbia for foster care 
improvements, $5,000,000: Provided, That $3,000,000 shall be for the 
Child and Family Services Agency, of which $2,000,000 shall be to 
continue an early intervention program to provide intensive and 
immediate services for foster children; of which $1,000,000 shall be 
for the emergency support fund to purchase items necessary to allow 
children to remain in the care of an approved and licensed family 
member: Provided further, That $1,500,000 shall be for the Department 
of Mental Health to provide all court-ordered or agency-required mental 
health screenings, assessments and treatments for children under the 
supervision of the Child and Family Services Agency: Provided further, 
That $500,000 shall be for the Washington Metropolitan Council of 
Governments, to continue a program in conjunction with the Foster and 
Adoptive Parents Advocacy Center, to provide respite care and 
recruitment of foster parents: Provided further, That these Federal 
funds shall supplement and not supplant local funds.

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

    For a Federal payment to the Office of the Chief Financial Officer 
of the District of Columbia, $19,000,000: Provided, That these funds 
shall be available for the projects and in the amounts specified in the 
Statement of the Managers on the conference report accompanying this 
Act: Provided further, That each entity that receives funding under 
this heading shall submit to the Office of the Chief Financial Officer 
of the District of Columbia and the Committees on Appropriations of the 
House of Representatives and Senate a report on the activities to be 
carried out with such funds no later than March 15, 2005.

                 Federal Payment for School Improvement

    For Federal payment for a school improvement program in the 
District of Columbia, $40,000,000, to be allocated as follows: for the 
District of Columbia Public Schools, $13,000,000 to improve public 
school education in the District of Columbia; for the State Education 
Office, $13,000,000 to expand quality charter schools in the District 
of Columbia; for the Secretary of the Department of Education, 
$14,000,000 to provide opportunity scholarships for students in the 
District of Columbia in accordance with division C title III of the 
District of Columbia Appropriations Act, 2004 (Public Law 108-199, 118 
Stat. 126), of which up to $1,000,000 may be used to administer and 
fund assessments for the opportunity scholarship program: Provided, 
That the District of Columbia Public Schools shall submit a plan for 
the use of funds provided under this heading for public school 
education to the Committees on Appropriations of the House of 
Representatives and Senate, the Committee on Education and the 
Workforce and the Committee on Government Reform of the House of 
Representatives, the Committee on Health, Education, Labor, and 
Pensions of the Senate: Provided further, That the funds provided under 
this heading for public school education shall not be made available 
until 30 calendar days after the submission of a spending plan by the 
District of Columbia Public Schools to the Committees on Appropriations 
of the House of Representatives and Senate.

                  TITLE II--DISTRICT OF COLUMBIA FUNDS

                           OPERATING EXPENSES

                          Division of Expenses

    The following amounts are appropriated for the District of Columbia 
for the current fiscal year out of the general fund of the District of 
Columbia, except as otherwise specifically provided: Provided, That 
notwithstanding any other provision of law, except as provided in 
section 450A of the District of Columbia Home Rule Act (D.C. Official 
Code, sec. 1-204.50a) and provisions of this Act, the total amount 
appropriated in this Act for operating expenses for the District of 
Columbia for fiscal year 2005 under this heading shall not exceed the 
lesser of the sum of the total revenues of the District of Columbia for 
such fiscal year or $6,199,114,000 (of which $4,165,485,000 shall be 
from local funds, $1,687,554,000 shall be from Federal grant funds, 
$332,761,000 shall be from other funds, and $13,314,000 shall be from 
private funds), in addition, $98,900,000 from funds previously 
appropriated in this Act as Federal payments: Provided further, That 
this amount may be increased by proceeds of one-time transactions, 
which are expended for emergency or unanticipated operating or capital 
needs: Provided further, That such increases shall be approved by 
enactment of local District law and shall comply with all reserve 
requirements contained in the District of Columbia Home Rule Act as 
amended by this Act: Provided further, That the Chief Financial Officer 
of the District of Columbia shall take such steps as are necessary to 
assure that the District of Columbia meets these requirements, 
including the apportioning by the Chief Financial Officer of the 
appropriations and funds made available to the District during fiscal 
year 2005, except that the Chief Financial Officer may not reprogram 
for operating expenses any funds derived from bonds, notes, or other 
obligations issued for capital projects.

                   Governmental Direction and Support

    Governmental direction and support, $416,069,000 (including 
$261,068,000 from local funds, $100,256,000 from Federal grant funds, 
and $54,745,000 from other funds), in addition, $19,000,000 from funds 
previously appropriated in this Act under the heading ``Federal Payment 
to the Chief Financial Officer of the District of Columbia'', and 
$500,000 from funds previously appropriated in this Act under the 
heading ``Federal Payment for Foster Care Improvements in the District 
of Columbia'' shall be available to the Metropolitan Washington Council 
of Governments: Provided, That not to exceed $9,300 for the Mayor, 
$9,300 for the Chairman of the Council of the District of Columbia, 
$9,300 for the City Administrator, and $9,300 for the Office of the 
Chief Financial Officer shall be available from this appropriation for 
official reception and representation expenses: Provided further, That 
any program fees collected from the issuance of debt shall be available 
for the payment of expenses of the debt management program of the 
District of Columbia: Provided further, That no revenues from Federal 
sources shall be used to support the operations or activities of the 
Statehood Commission and Statehood Compact Commission: Provided 
further, That the District of Columbia shall identify the sources of 
funding for Admission to Statehood from its own locally generated 
revenues: Provided further, That notwithstanding any other provision of 
law, or Mayor's Order 86-45, issued March 18, 1986, the Office of the 
Chief Technology Officer's delegated small purchase authority shall be 
$500,000: Provided further, That the District of Columbia government 
may not require the Office of the Chief Technology Officer to submit to 
any other procurement review process, or to obtain the approval of or 
be restricted in any manner by any official or employee of the District 
of Columbia government, for purchases that do not exceed $500,000.

                  Economic Development and Regulation

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

                       Public Safety and Justice

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

                        Public Education System

                     (including transfers of funds)

    Public education system, including the development of national 
defense education programs, $1,223,424,000 (including $1,058,709,000 
from local funds, $151,978,000 from Federal grant funds, $8,957,000 
from other funds, $3,780,000 from private funds) in addition, 
$25,600,000 from funds previously appropriated in this Act under the 
heading ``Federal Payment for Resident Tuition Support'', $6,000,000 
from funds previously appropriated in this Act under the heading 
``Federal Payment for Public School Libaries'', and $26,000,000 from 
funds previously appropriated in this Act under the heading ``Federal 
Payment for School Improvement in the District of Columbia'' to be 
allocated as follows:
            (1) District of columbia public schools.--$888,944,000 
        (including $760,494,000 from local funds, $117,450,000 from 
        Federal grant funds, $7,330,000 from other funds, $3,670,000 
        from private funds), in addition, $6,000,000 from funds 
        previously appropriated in this Act under the heading ``Federal 
        Payment for Public School Libraries'' shall be available for 
        District of Columbia Public Schools and $13,000,000 from funds 
        previously appropriated in this Act under the heading ``Federal 
        Payment for School Improvement in the District of Columbia'' 
        shall be available for District of Columbia Public Schools: 
        Provided, That notwithstanding any other provision of law, 
        rule, or regulation, the evaluation process and instruments for 
        evaluating District of Columbia Public School employees shall 
        be a non-negotiable item for collective bargaining purposes: 
        Provided further, That this appropriation shall not be 
        available to subsidize the education of any nonresident of the 
        District of Columbia at any District of Columbia public 
        elementary or secondary school during fiscal year 2005 unless 
        the nonresident pays tuition to the District of Columbia at a 
        rate that covers 100 percent of the costs incurred by the 
        District of Columbia that are attributable to the education of 
        the nonresident (as established by the Superintendent of the 
        District of Columbia Public Schools): Provided further, That 
        notwithstanding the amounts otherwise provided under this 
        heading or any other provision of law, there shall be 
        appropriated to the District of Columbia Public Schools on July 
        1, 2005, an amount equal to 10 percent of the total amount of 
        the local funds appropriations request provided for the 
        District of Columbia Public Schools in the proposed budget of 
        the District of Columbia for fiscal year 2006 (as submitted to 
        Congress), and the amount of such payment shall be chargeable 
        against the final amount provided for the District of Columbia 
        Public Schools under the District of Columbia Appropriations 
        Act, 2006: Provided further, That not to exceed $9,300 for the 
        Superintendent of Schools shall be available from this 
        appropriation for official reception and representation 
        expenses.
            (2) Teachers' retirement fund.--$9,200,000 from local funds 
        shall be available for the Teacher's Retirement Fund.
            (3) State education office.--$43,104,000 (including 
        $10,015,000 from local funds, $32,913,000 from Federal grant 
        funds, and $176,000 from other funds), in addition, $25,600,000 
        from funds previously appropriated in this Act under the 
        heading ``Federal Payment for Resident Tuition Support'' shall 
        be available for the State Education Office and $13,000,000 
        from funds previously appropriated in this Act under the 
        heading ``Federal Payment for School Improvement in the 
        District of Columbia'' shall be available for the State 
        Education Office: Provided, That of the amounts provided to the 
        State Education Office, $500,000 from local funds shall remain 
        available until June 30, 2006 for an audit of the student 
        enrollment of each District of Columbia Public School and of 
        each District of Columbia public charter school.
            (4) District of columbia public charter schools.--
        $196,802,000 from local funds shall be available for District 
        of Columbia public charter schools: Provided, That there shall 
        be quarterly disbursement of funds to the District of Columbia 
        public charter schools, with the first payment to occur within 
        15 days of the beginning of the fiscal year: Provided further, 
        That if the entirety of this allocation has not been provided 
        as payments to any public charter schools currently in 
        operation through the per pupil funding formula, the funds 
        shall remain available for public education in accordance with 
        section 2403(b)(2) of the District of Columbia School Reform 
        Act of 1995 (D.C. Official Code, sec. 38-1804.03(b)(2)): 
        Provided further, That of the amounts made available to 
        District of Columbia public charter schools, $100,000 shall be 
        made available to the Office of the Chief Financial Officer as 
        authorized by section 2403(b)(5) of the District of Columbia 
        School Reform Act of 1995 (D.C. Official Code, sec. 38-
        1804.03(b)(5)): Provided further, That notwithstanding the 
        amounts otherwise provided under this heading or any other 
        provision of law, there shall be appropriated to the District 
        of Columbia public charter schools on July 1, 2005, an amount 
        equal to 25 percent of the total amount of the local funds 
        appropriations request provided for payments to public charter 
        schools in the proposed budget of the District of Columbia for 
        fiscal year 2006 (as submitted to Congress), and the amount of 
        such payment shall be chargeable against the final amount 
        provided for such payments under the District of Columbia 
        Appropriations Act, 2006.
            (5) University of the district of columbia subsidy.--
        $49,602,000 from local funds shall be available for the 
        University of the District of Columbia subsidy: Provided, That 
        this appropriation shall not be available to subsidize the 
        education of nonresidents of the District of Columbia at the 
        University of the District of Columbia, unless the Board of 
        Trustees of the University of the District of Columbia adopts, 
        for the fiscal year ending September 30, 2005, a tuition rate 
        schedule that will establish the tuition rate for nonresident 
        students at a level no lower than the nonresident tuition rate 
        charged at comparable public institutions of higher education 
        in the metropolitan area: Provided further, That 
        notwithstanding the amounts otherwise provided under this 
        heading or any other provision of law, there shall be 
        appropriated to the University of the District of Columbia on 
        July 1, 2005, an amount equal to 10 percent of the total amount 
        of the local funds appropriations request provided for the 
        University of the District of Columbia in the proposed budget 
        of the District of Columbia for fiscal year 2006 (as submitted 
        to Congress), and the amount of such payment shall be 
        chargeable against the final amount provided for the University 
        of the District of Columbia under the District of Columbia 
        Appropriations Act, 2006: Provided further, That not to exceed 
        $9,300 for the President of the University of the District of 
        Columbia shall be available from this appropriation for 
        official reception and representation expenses.
            (6) District of columbia public libraries.--$30,831,000 
        (including $28,978,000 from local funds, $1,093,000 from 
        Federal grant funds, $651,000 from other funds, and $110,000 
        from private funds) shall be available for the District of 
        Columbia Public Libraries: Provided, That not to exceed $7,500 
        for the Public Librarian shall be available from this 
        appropriation for official reception and representation 
        expenses.
            (7) Commission on the arts and humanities.--$4,941,000 
        (including $3,618,000 from local funds, $523,000 from Federal 
        grant funds, and $800,000 from other funds) shall be available 
        for the Commission on the Arts and Humanities.

                         Human Support Services

                     (including transfer of funds)

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

                              Public Works

    Public works, including rental of one passenger-carrying vehicle 
for use by the Mayor and three passenger-carrying vehicles for use by 
the Council of the District of Columbia and leasing of passenger-
carrying vehicles, $331,936,000 (including $312,035,000 from local 
funds, $4,000,000 from Federal grant funds, and $15,901,000 from other 
funds): Provided, That this appropriation shall not be available for 
collecting ashes or miscellaneous refuse from hotels and places of 
business.

                              Cash Reserve

    For the cumulative cash reserve established pursuant to section 
202(j)(2) of the District of Columbia Financial Responsibility and 
Management Assistance Act of 1995 (D.C. Official Code, sec. 47-
392.02(j)(2)), $50,000,000 from local funds.

                    Repayment of Loans and Interest

    For payment of principal, interest, and certain fees directly 
resulting from borrowing by the District of Columbia to fund District 
of Columbia capital projects as authorized by sections 462, 475, and 
490 of the District of Columbia Home Rule Act (D.C. Official Code, 
secs. 1-204.62, 1-204.75, and 1-204.90), $347,700,000 from local funds.

              Payment of Interest on Short-Term Borrowing

    For payment of interest on short-term borrowing, $4,000,000 from 
local funds.

                     Certificates of Participation

    For principal and interest payments on the District's Certificates 
of Participation, issued to finance the ground lease underlying the 
building located at One Judiciary Square, $11,252,000 from local funds.

                       Settlements and Judgments

    For making refunds and for the payment of legal settlements or 
judgments that have been entered against the District of Columbia 
government, $20,270,000 from local funds: Provided, That this 
appropriation shall not be construed as modifying or affecting the 
provisions of section 103 of this Act.

                            Wilson Building

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

                         Workforce Investments

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

                        Non-Departmental Agency

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

                  Emergency Planning and Security Fund

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

                    Tax Increment Financing Program

    For a Tax Increment Financing Program, such amounts as are 
necessary to meet the Tax Increment Financing requirements, not to 
exceed $9,710,000 from the District's general fund balance.

                       Equipment Lease Operating

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

                Emergency and Contingency Reserve Funds

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

                            Family Literacy

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

                         Pay-As-You-Go Capital

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

                       Pay-As-You-Go Contingency

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

             Revised Revenue Estimate Contingency Priority

    If the Chief Financial Officer for the District of Columbia 
certifies through a revised revenue estimate that funds are available 
from local funds, such available funds shall be expended as provided in 
the Contingency for Recordation and Transfer Tax Reduction and the 
Office of Property Management and Library Expenditures Act of 2004, 
approved by the Council of the District of Columbia on 1st reading, May 
14, 2004 (Bill 15-768), including up to $2,000,000 to the Office of 
Property Management, and up to $1,200,000 to the District of Columbia 
Public Library.

                       ENTERPRISE AND OTHER FUNDS

                       Water and Sewer Authority

    For operation of the Water and Sewer Authority, $275,289,000 from 
other funds, of which $15,180,402 shall be apportioned for repayment of 
loans and interest incurred for capital improvement projects and 
payable to the District's debt service fund. For construction projects, 
$371,040,000, to be distributed as follows: $181,656,000 for the Blue 
Plains Wastewater Treatment Plant, $43,800,000 for the sewer program, 
$9,118,000 for the stormwater program, $122,627,000 for the water 
program, and $13,839,000 for the capital equipment program; in 
addition, $10,000,000 from funds previously appropriated in this Act 
under the heading ``Federal Payment to the District of Columbia Water 
and Sewer Authority'': Provided, That the requirements and restrictions 
that are applicable to general fund capital improvement projects and 
set forth in this Act under the Capital Outlay appropriation account 
shall apply to projects approved under this appropriation account.

                          Washington Aqueduct

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

              Stormwater Permit Compliance Enterprise Fund

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

              Lottery and Charitable Games Enterprise Fund

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

                  Sports and Entertainment Commission

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

                 District of Columbia Retirement Board

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

              Washington Convention Center Enterprise Fund

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

              National Capital Revitalization Corporation

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

                 University of the District of Columbia

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

                   Unemployment Insurance Trust Fund

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

                Other Post Employee Benefits Trust Fund

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

                      DC Public Library Trust Fund

    For the DC Public Library Trust Fund, $17,000 from other funds: 
Provided, That $7,000 shall be for the Theodore W. Noyes Trust Fund: 
Provided further, That $10,000 shall be for the Peabody Trust Fund.

                             Capital Outlay

                        (including rescissions)

    For construction projects, an increase of $1,087,649,000, of which 
$839,898,000 shall be from local funds, $38,542,000 from Highway Trust 
funds, $37,000,000 from the Rights-of-way funds, $172,209,000 from 
Federal grant funds, and a rescission of $361,763,000 from local funds 
appropriated under this heading in prior fiscal years, for a net amount 
of $725,886,000, to remain available until expended; in addition, 
$7,000,000 from funds previously appropriated in this Act under the 
heading ``Federal Payment for Capital Development in the District of 
Columbia'' and $3,000,000 from funds previously appropriated in this 
Act under the heading ``Federal Payment for the Anacostia Waterfront 
Initiative'': Provided, That funds for use of each capital project 
implementing agency shall be managed and controlled in accordance with 
all procedures and limitations established under the Financial 
Management System: Provided further, That all funds provided by this 
appropriation title shall be available only for the specific projects 
and purposes intended: Provided further, That the Office of the Chief 
Technology Officer of the District of Columbia shall implement the 
following information technology projects on behalf of the District of 
Columbia Public Schools: Student Information System (project number 
T2240), Student Information System PCS (project number T2241), 
Enterprise Resource Planning (project number T2242), E-Rate (project 
number T2243), and SETS Expansion PCS (project number T2244).

                     TITLE III--GENERAL PROVISIONS

    Sec. 101. Whenever in this Act, an amount is specified within an 
appropriation for a particular purposes or objects of expenditure, such 
amount, unless otherwise specified, shall be considered as the maximum 
amount that may be expended for said purpose or object rather than an 
amount set apart exclusively therefor.
    Sec. 102. Appropriations in this act shall be available for 
expenses of travel and for the payment of dues of organizations 
concerned with the work of the District of Columbia government, when 
authorized by the Mayor, or, in the case of the Council of the District 
of Columbia, funds may be expended with the authorization of the 
Chairman of the Council.
    Sec. 103. There are appropriated from the applicable funds of the 
District of Columbia such sums as may be necessary for making refunds 
and for the payment of legal settlements or judgments that have been 
entered against the District of Columbia government.
    Sec. 104. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly provided herein.
    Sec. 105. (a) Except as provided in subsection (b), no part of this 
appropriation shall be used for publicity or propaganda purposes or 
implementation of any policy including boycott designed to support or 
defeat legislation pending before Congress or any State legislature.
    (b) The District of Columbia may use local funds provided in this 
Act to carry out lobbying activities on any matter other than--
            (1) the promotion or support of any boycott; or
            (2) statehood for the District of Columbia or voting 
        representation in Congress for the District of Columbia.
    (c) Nothing in this section may be construed to prohibit any 
elected official from advocating with respect to any of the issues 
referred to in subsection (b).
    Sec. 106. (a) None of the funds provided under this Act to the 
agencies funded by this Act, both Federal and District government 
agencies, that remain available for obligation or expenditure in fiscal 
year 2005, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditures 
for an agency through a reprogramming of funds which--
            (1) creates new programs;
            (2) eliminates a program, project, or responsibility 
        center;
            (3) establishes or changes allocations specifically denied, 
        limited or increased under this Act;
            (4) increases funds or personnel by any means for any 
        program, project, or responsibility center for which funds have 
        been denied or restricted;
            (5) reestablishes any program or project previously 
        deferred through reprogramming;
            (6) augments any existing program, project, or 
        responsibility center through a reprogramming of funds in 
        excess of $1,000,000 or 10 percent, whichever is less; or
            (7) increases by 20 percent or more personnel assigned to a 
        specific program, project or responsibility center,
unless the Committees on Appropriations of the House of Representatives 
and Senate are notified in writing 15 days in advance of the 
reprogramming.
    (b) None the local funds contained in this Act may be available for 
obligation or expenditure for an agency through a transfer of any local 
funds in excess of $1,000,000 from one appropriation heading to another 
unless the Committees on Appropriations of the House of Representatives 
and Senate are notified in writing 15 days in advance of the transfer, 
except that in no event may the amount of any funds transferred exceed 
4 percent of the local funds in the appropriations.
    Sec. 107. Consistent with the provisions of section 1301(a) of 
title 31, United States Code, appropriations under this Act shall be 
applied only to the objects for which the appropriations were made 
except as otherwise provided by law.
    Sec. 108. Notwithstanding any other provisions of law, the 
provisions of the District of Columbia Government Comprehensive Merit 
Personnel Act of 1978 (D.C. Law 2-139; D.C. Official Code, sec. 1-
601.01 et seq.), enacted pursuant to section 422(3) of the District of 
Columbia Home Rule Act (D.C. Official Code, sec. 1-204l.22(3)), shall 
apply with respect to the compensation of District of Columbia 
employees. For pay purposes, employees of the District of Columbia 
government shall not be subject to the provisions of title 5, United 
States Code.
    Sec. 109. No later than 30 days after the end of the first quarter 
of fiscal year 2005, the Mayor of the District of Columbia shall submit 
to the Council of the District of Columbia and the Committees on 
Appropriations of the House of Representatives and Senate the new 
fiscal year 2005 revenue estimates as of the end of such quarter. These 
estimates shall be used in the budget request for fiscal year 2006. The 
officially revised estimates at midyear shall be used for the midyear 
report.
    Sec. 110. No sole source contract with the District of Columbia 
government or any agency thereof may be renewed or extended without 
opening that contract to the competitive bidding process as set forth 
in section 303 of the District of Columbia Procurement Practices Act of 
1985 (D.C. Law 6-85; D.C. Official Code, sec. 2-303.03), except that 
the District of Columbia government or any agency thereof may renew or 
extend sole source contracts for which competition is not feasible or 
practical, but only if the determination as to whether to invoke the 
competitive bidding process has been made in accordance with duly 
promulgated rules and procedures and has been reviewed and certified by 
the Chief Financial Officer of the District of Columbia.
    Sec. 111. None of the Federal funds provided in this Act may be 
used by the District of Columbia to provide for salaries, expenses, or 
other costs associated with the offices of United States Senator or 
United States Representative under section 4(d) of the District of 
Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C. 
Law 3-171; D.C. Official Code, sec. 1-123).
    Sec. 112. None of the funds appropriated under this Act shall be 
expended for any abortion except where the life of the mother would be 
endangered if the fetus were carried to term or where the pregnancy is 
the result of an act of rape or incest.
    Sec. 113. None of the Federal funds made available in this Act may 
be used to implement or enforce the Health Care Benefits Expansion Act 
of 1992 (D.C. Law 9-114; D.C. Official Code, sec. 32-701 et seq.) or to 
otherwise implement or enforce any system of registration of unmarried, 
cohabiting couples, including but not limited to registration for the 
purpose of extending employment, health, or governmental benefits to 
such couples on the same basis that such benefits are extended to 
legally married couples.
    Sec. 114. (a) Notwithstanding any other provision of this Act, the 
Mayor, in consultation with the Chief Financial Officer of the District 
of Columbia may accept, obligate, and expend Federal, private, and 
other grants received by the District government that are not reflected 
in the amounts appropriated in this Act.
    (b)(1) No such Federal, private, or other grant may be accepted, 
obligated, or expended pursuant to subsection (a) until--
            (A) the Chief Financial Officer of the District of Columbia 
        submits to the Council a report setting forth detailed 
        information regarding such grant; and
            (B) the Council has reviewed and approved the acceptance, 
        obligation, and expenditure of such grant.
    (2) For purposes of paragraph (1)(B), the Council shall be deemed 
to have reviewed and approved the acceptance, obligation, and 
expenditure of a grant if--
            (A) no written notice of disapproval is filed with the 
        Secretary of the Council within 14 calendar days of the receipt 
        of the report from the Chief Financial Officer under paragraph 
        (1)(A); or
            (B) if such a notice of disapproval is filed within such 
        deadline, the Council does not by resolution disapprove the 
        acceptance, obligation, or expenditure of the grant within 30 
        calendar days of the initial receipt of the report from the 
        Chief Financial Officer under paragraph (1)(A).
    (c) No amount may be obligated or expended from the general fund or 
other funds of the District of Columbia government in anticipation of 
the approval or receipt of a grant under subsection (b)(2) or in 
anticipation of the approval or receipt of a Federal, private, or other 
grant not subject to such subsection.
    (d) The Chief Financial Officer of the District of Columbia may 
adjust the budget for Federal, private, and other grants received by 
the District government reflected in the amounts appropriated in this 
Act, or approved and received under subsection (b)(2) to reflect a 
change in the actual amount of the grant.
    (e) The Chief Financial Officer of the District of Columbia shall 
prepare a quarterly report setting forth detailed information regarding 
all Federal, private, and other grants subject to this section. Each 
such report shall be submitted to the Council of the District of 
Columbia and to the Committees on Appropriations of the House of 
Representatives and Senate not later than 15 days after the end of the 
quarter covered by the report.
    Sec. 115. (a) Except as otherwise provided in this section, none of 
the funds made available by this Act or by any other Act may be used to 
provide any officer or employee of the District of Columbia with an 
official vehicle unless the officer or employee uses the vehicle only 
in the performance of the officer's or employee's official duties. For 
purposes of this paragraph, the term ``official duties'' does not 
include travel between the officer's or employee's residence and 
workplace, except in the case of--
            (1) an officer or employee of the Metropolitan Police 
        Department who resides in the District of Columbia or is 
        otherwise designated by the Chief of the Department;
            (2) at the discretion of the Fire Chief, an officer or 
        employee of the District of Columbia Fire and Emergency Medical 
        Services Department who resides in the District of Columbia and 
        is on call 24 hours a day or is otherwise designated by the 
        Fire Chief;
            (3) the Mayor of the District of Columbia; and
            (4) the Chairman of the Council of the District of 
        Columbia.
    (b) The Chief Financial Officer of the District of Columbia shall 
submit by March 1, 2005, an inventory, as of September 30, 2004, of all 
vehicles owned, leased or operated by the District of Columbia 
government. The inventory shall include, but not be limited to, the 
department to which the vehicle is assigned; the year and make of the 
vehicle; the acquisition date and cost; the general condition of the 
vehicle; annual operating and maintenance costs; current mileage; and 
whether the vehicle is allowed to be taken home by a District officer 
or employee and if so, the officer or employee's title and resident 
location.
    Sec. 116. None of the funds contained in this Act may be used for 
purposes of the annual independent audit of the District of Columbia 
government for fiscal year 2005 unless--
            (1) the audit is conducted by the Inspector General of the 
        District of Columbia, in coordination with the Chief Financial 
        Officer of the District of Columbia, pursuant to section 
        208(a)(4) of the District of Columbia Procurement Practices Act 
        of 1985 (D.C. Official Code, sec. 2-302.8); and
            (2) the audit includes as a basic financial statement a 
        comparison of audited actual year-end results with the revenues 
        submitted in the budget document for such year and the 
        appropriations enacted into law for such year using the format, 
        terminology, and classifications contained in the law making 
        the appropriations for the year and its legislative history.
    Sec. 117. (a) None of the funds contained in this Act may be used 
by the District of Columbia Corporation Counsel or any other officer or 
entity of the District government to provide assistance for any 
petition drive or civil action which seeks to require Congress to 
provide for voting representation in Congress for the District of 
Columbia.
    (b) Nothing in this section bars the District of Columbia 
Corporation Counsel from reviewing or commenting on briefs in private 
lawsuits, or from consulting with officials of the District government 
regarding such lawsuits.
    Sec. 118. (a) None of the funds contained in this Act may be used 
for any program of distributing sterile needles or syringes for the 
hypodermic injection of any illegal drug.
    (b) Any individual or entity who receives any funds contained in 
this Act and who carries out any program described in subsection (a) 
shall account for all funds used for such program separately from any 
funds contained in this Act.
    Sec. 119. None of the funds contained in this Act may be used after 
the expiration of the 60-day period that begins on the date of the 
enactment of this Act to pay the salary of any chief financial officer 
of any office of the District of Columbia government (including any 
independent agency of the District of Columbia) who has not filed a 
certification with the Mayor and the Chief Financial Officer of the 
District of Columbia that the officer understands the duties and 
restrictions applicable to the officer and the officer's agency as a 
result of this Act (and the amendments made by this Act), including any 
duty to prepare a report requested either in the Act or in any of the 
reports accompanying the Act and the deadline by which each report must 
be submitted. The Chief Financial Officer of the District of Columbia 
shall provide to the Committees on Appropriations of the House of 
Representatives and Senate by the 10th day after the end of each 
quarter a summary list showing each report, the due date, and the date 
submitted to the Committees.
    Sec. 120. (a) None of the funds contained in this Act may be used 
to enact or carry out any law, rule, or regulation to legalize or 
otherwise reduce penalties associated with the possession, use, or 
distribution of any schedule I substance under the Controlled 
Substances Act (21 U.S.C. 802) or any tetrahydrocannabinols derivative.
    (b) The Legalization of Marijuana for Medical Treatment Initiative 
of 1998, also known as Initiative 59, approved by the electors of the 
District of Columbia on November 3, 1998, shall not take effect.
    Sec. 121. Nothing in this Act may be construed to prevent the 
Council or Mayor of the District of Columbia from addressing the issue 
of the provision of contraceptive coverage by health insurance plans, 
but it is the intent of Congress that any legislation enacted on such 
issue should include a ``conscience clause'' which provides exceptions 
for religious beliefs and moral convictions.
    Sec. 122. The Mayor of the District of Columbia shall submit to the 
Committees on Appropriations of the House of Representatives and 
Senate, the Committee on Government Reform of the House of 
Representatives, and the Committee on Governmental Affairs of the 
Senate quarterly reports addressing--
            (1) crime, including the homicide rate, implementation of 
        community policing, the number of police officers on local 
        beats, and the closing down of open-air drug markets;
            (2) access to substance and alcohol abuse treatment, 
        including the number of treatment slots, the number of people 
        served, the number of people on waiting lists, and the 
        effectiveness of treatment programs;
            (3) management of parolees and pre-trial violent offenders, 
        including the number of halfway houses escapes and steps taken 
        to improve monitoring and supervision of halfway house 
        residents to reduce the number of escapes to be provided in 
        consultation with the Court Services and Offender Supervision 
        Agency for the District of Columbia;
            (4) education, including access to special education 
        services and student achievement to be provided in consultation 
        with the District of Columbia Public Schools and the District 
        of Columbia public charter schools;
            (5) improvement in basic District services, including rat 
        control and abatement;
            (6) application for and management of Federal grants, 
        including the number and type of grants for which the District 
        was eligible but failed to apply and the number and type of 
        grants awarded to the District but for which the District 
        failed to spend the amounts received; and
            (7) indicators of child well-being.
    Sec. 123. (a) No later than 30 calendar days after the date of the 
enactment of this Act, the Chief Financial Officer of the District of 
Columbia shall submit to the appropriate committees of Congress, the 
Mayor, and the Council of the District of Columbia a revised 
appropriated funds operating budget in the format of the budget that 
the District of Columbia government submitted pursuant to section 442 
of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42), for all agencies of the District of Columbia government for 
fiscal year 2004 that is in the total amount of the approved 
appropriation and that realigns all budgeted data for personal services 
and other-than-personal-services, respectively, with anticipated actual 
expenditures.
    (b) This section shall apply only to an agency where the Chief 
Financial Officer of the District of Columbia certifies that a 
reallocation is required to address unanticipated changes in program 
requirements.
    Sec. 124. None of the funds contained in this Act may be used to 
issue, administer, or enforce any order by the District of Columbia 
Commission on Human Rights relating to docket numbers 93-030-(PA) and 
93-031-(PA).
    Sec. 125. None of the Federal funds made available in this Act may 
be transferred to any department, agency, or instrumentality of the 
United States Government, except pursuant to a transfer made by, or 
transfer authority provided in, this Act or any other appropriation 
Act.
    Sec. 126. Notwithstanding any other law, the District of Columbia 
Courts shall transfer to the general treasury of the District of 
Columbia all fines levied and collected by the Courts under section 
10(b)(1) and (2) of the District of Columbia Traffic Act (D.C. Official 
Code, sec. 50-2201.05(b)(1) and (2)). The transferred funds shall 
remain available until expended and shall be used by the Office of the 
Corporation Counsel for enforcement and prosecution of District traffic 
alcohol laws in accordance with section 10(b)(3) of the District of 
Columbia Traffic Act (D.C. Official Code, sec. 50-2201.05(b)(3)).
    Sec. 127. None of the funds contained in this Act may be made 
available to pay--
            (1) the fees of an attorney who represents a party in an 
        action or an attorney who defends an action, including an 
        administrative proceeding, brought against the District of 
        Columbia Public Schools under the Individuals with Disabilities 
        Education Act (20 U.S.C. 1400 et seq.) in excess of $4,000 for 
        that action; or
            (2) the fees of an attorney or firm whom the Chief 
        Financial Officer of the District of Columbia determines to 
        have a pecuniary interest, either through an attorney, officer 
        or employee of the firm, in any special education diagnostic 
        services, schools, or other special education service 
        providers.
    Sec. 128. The Chief Financial Officer of the District of Columbia 
shall require attorneys in special education cases brought under the 
Individuals with Disabilities Act (IDEA) in the District of Columbia to 
certify in writing that the attorney or representative rendered any and 
all services for which they receive awards, including those received 
under a settlement agreement or as part of an administrative 
proceeding, under the IDEA from the District of Columbia. As part of 
the certification, the Chief Financial Officer of the District of 
Columbia shall require all attorneys in IDEA cases to disclose any 
financial, corporate, legal, memberships on boards of directors, or 
other relationships with any special education diagnostic services, 
schools, or other special education service providers to which the 
attorneys have referred any clients as part of this certification. The 
Chief Financial Officer shall prepare and submit quarterly reports to 
the Committees on Appropriations of the House of Representatives and 
Senate on the certification of and the amount paid by the government of 
the District of Columbia, including the District of Columbia Public 
Schools, to attorneys in cases brought under IDEA. The Inspector 
General of the District of Columbia may conduct investigations to 
determine the accuracy of the certifications.
    Sec. 129. The amount appropriated by this Act may be increased by 
no more than $15,000,000 from funds identified in the comprehensive 
annual financial report as the District's fiscal year 2004 unexpended 
general fund surplus. The District may obligate and expend these 
amounts only in accordance with the following conditions:
            (1) The Chief Financial Officer of the District of Columbia 
        shall certify that the use of any such amounts is not 
        anticipated to have a negative impact on the District's long-
        term financial, fiscal, and economic vitality.
            (2) The District of Columbia may only use these funds for 
        the following expenditures:
                    (A) Unanticipated one-time expenditures.
                    (B) Expenditures to avoid deficit spending.
                    (C) Debt Reduction.
                    (D) Unanticipated program needs.
                    (E) Expenditures to avoid revenue shortfalls.
            (3) The amounts shall be obligated and expended in 
        accordance with laws enacted by the Council in support of each 
        such obligation or expenditure.
            (4) The amounts may not be used to fund the agencies of the 
        District of Columbia government under court ordered 
        receivership.
            (5) The amounts may be obligated and expended only if 
        approved by the Committees on Appropriations of the House of 
        Representatives and Senate in advance of any obligation or 
        expenditure.
    Sec. 130. (a) Section 450A(a) of the District of Columbia Home Rule 
Act (D.C. Official Code, sec. 1-204.50a(a)) is amended as follows:
            (1) Paragraph (1) is amended to read as follows:
            ``(1) In general.--There is established an emergency cash 
        reserve fund (``emergency reserve fund'') as an interest-
        bearing account (separate from other accounts in the General 
        Fund) into which the Mayor shall make a deposit in cash each 
        fiscal year of such an amount as may be required to maintain a 
        balance in the fund of at least 2 percent of the operating 
        expenditures as defined in paragraph (2) of this subsection or 
        such amount as may be required for deposit in a fiscal year in 
        which the District is replenishing the emergency reserve fund 
        pursuant to subsection (a)(7).''.
            (2) Paragraph (2) is amended to read as follows:
            ``(2) Operating expenses.--For the purpose of this 
        subsection, operating expenditures is defined as the amount 
        reported in the District of Columbia's Comprehensive Annual 
        Financial Repsort for the fiscal year immediately preceding the 
        current fiscal year as the actual operating expenditure from 
        local funds, less such amounts that are attributed to debt 
        service payments for which a separate reserve fund is already 
        established under this Act.''.
            (3) Paragraph (7) is amended to read as follows:
            ``(7) Replenishment.--The District of Columbia shall 
        appropriate sufficient funds each fiscal year in the budget 
        process to replenish any amounts allocated from the emergency 
        reserve fund during the preceding fiscal years so that not less 
        than 50 percent of any amount allocated in the preceding fiscal 
        year or the amount necessary to restore the emergency reserve 
        fund to the 2 percent required balance, whichever is less, is 
        replenished by the end of the current fiscal year and 100 
        percent of the amount allocated or the amount necessary to 
        restore the emergency reserve fund to the 2 percent required 
        balance, whichever is less, is replenished by the end of the 
        second fiscal year following each such allocation.''.
    (b) Section 450A(b) of such Act (sec. 1-204.50a(b), D.C. Official 
Code) is amended as follows:
            (1) Paragraph (1) is amended to read as follows:
            ``(1) In general.--There is established a contingency cash 
        reserve fund (``contingency reserve fund'') as an interest-
        bearing account, separate from other accounts in the general 
        fund, into which the Mayor shall make a deposit in cash each 
        fiscal year of such amount as may be required to maintain a 
        balance in the fund of at least 4 percent of the operating 
        expenditures as defined in paragraph (2) of this subsection or 
        such amount as may be required for deposit in a fiscal year in 
        which the District is replenishing the emergency reserve fund 
        pursuant to subsection (b)(6).''.
            (2) Paragraph (2) is amended to read as follows:
            ``(2) Operating expenses.--For the purpose of this 
        subsection, operating expenditures is defined as the amount 
        reported in the District of Columbia's Comprehensive Annual 
        Financial Report for the fiscal year immediately preceding the 
        current fiscal year as the actual operating expenditure from 
        local funds, less such amounts that are attributed to debt 
        service payments for which a separate reserve fund is already 
        established under this Act.''.
            (3) Paragraph (6) is amended to read as follows:
            ``(6) Replenishment.--The District of Columbia shall 
        appropriate sufficient funds each fiscal year in the budget 
        process to replenish any amounts allocated from the contingency 
        reserve fund during the preceding fiscal years so that not less 
        than 50 percent of any amount allocated in the preceding fiscal 
        year or the amount necessary to restore the contingency reserve 
        fund to the 4 percent required balance, whichever is less, is 
        replenished by the end of the current fiscal year and 100 
        percent of the amount allocated or the amount necessary to 
        restore the contingency reserve fund to the 4 percent required 
        balance, whichever is less, is replenished by the end of the 
        second fiscal year following each such allocation.''.
    Sec. 131. For fiscal year 2005, the Chief Financial Officer shall 
re-calculate the emergency and contingency cash reserve funds amount 
established by section 450A of the District of Columbia Home Rule Act 
(D.C. Official Code, sec. 1-204.50a), as amended by this Act, and is 
authorized to transfer funds between the emergency and contingency cash 
reserve funds to reach the required percentages, and may transfer funds 
from the emergency and contingency cash reserve funds to the general 
fund of the District of Columbia to the extent that such funds are not 
necessary to meet the requirements established for each fund, except 
that the Chief Financial Officer may not transfer funds from the 
emergency or the contingency reserve funds to the extent that such a 
transfer would lower the fiscal year 2005 total percentage below 7 
percent.
    Sec. 132. (a) Section 6 of the Policemen and Firemen's Retirement 
and Disability Act Amendments of 1957 (sec. 5-732, D.C. Official Code) 
is amended by striking the period at the end of the first sentence and 
inserting the following: ``, and for the administrative costs 
associated with making such benefit payments.''.
    (b) The amendment made by subsection (a) shall apply with respect 
to fiscal year 2005 and each succeeding fiscal year.
    Sec. 133. (a) Continuing Availability of Amounts in Charter School 
Fund.--Section 2403(b)(1) of the District of Columbia School Reform Act 
of 1995 (sec. 38-1804.03(b)(1), D.C. Official Code) is amended by 
adding at the end the following new sentence: ``Amounts in the Charter 
School Fund shall remain available until expended, and any amounts in 
the Fund remaining unobligated or unexpended at the end of a fiscal 
year shall not revert to the General Fund of the District of 
Columbia.''.
    (b) Availability of Additional Local Funds for Charter School 
Fund.--Section 2403(b)(2)(A) of such Act (sec. 38-1804.03(b)(2)(A), 
D.C. Official Code) is amended by inserting after ``District of 
Columbia,'' the following: ``together with any other local funds that 
the Chief Financial Officer of the District of Columbia certifies are 
necessary to carry out the purposes of the Fund during the fiscal 
year,''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to fiscal year 2005 and each succeeding fiscal year.
    Sec. 134. (a) Continuation of Certain Authority of Chief Financial 
Officer.--Section 2302 of the Emergency Wartime Supplemental 
Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 593), is amended 
by striking ``September 30, 2004'' and inserting ``September 30, 
2005''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as if included in the enactment of the Emergency Wartime 
Supplemental Appropriations Act, 2003.
    Sec. 135. (a) Section 106(b) of the District of Columbia Public 
Works Act of 1954 (sec. 34-2401.25(b), D.C. Official Code) is amended 
by striking paragraph (5).
    (b) Section 212(b) of such Act (sec. 34-2112(b), D.C. Official 
Code) is amended by striking paragraph (5).
    (c) The amendments made by this section shall apply with respect to 
quarters occurring during fiscal year 2005 and each succeeding fiscal 
year.
    Sec. 136. (a) Approval of Bonds by Joint Committee on Judicial 
Administration.--Section 11-1701(b), District of Columbia Official 
Code, is amended by striking paragraph (5).
    (b) Executive Officer.--
            (1) In general.--Section 11-1704, District of Columbia 
        Official Code, is amended to read as follows:
``Sec. 11-1704. Oath of Executive Officer
    ``The Executive Officer shall take an oath or affirmation for the 
faithful and impartial discharge of the duties of that office.''.
            (2) Clerical amendment.--The table of sections for 
        subchapter I of chapter 17 of title 11, District of Columbia 
        Official Code, is amended by amending the item relating to 
        section 11-1704 to read as follows:

    ``11-1704. Oath of Executive Officer.''.
    (c) Fiscal Officer.--Section 11-1723, District of Columbia Official 
Code, is amended--
            (1) by striking ``(a)(1)'' and inserting ``(a)'';
            (2) by striking subsection (b); and
            (3) by redesignating paragraphs (2) and (3) of subsection 
        (a) as subsections (b) and (c).
    (d) Auditor-Master.--Section 11-1724, District of Columbia Official 
Code, is amended by striking the second and third sentences.
    (e) Register of Wills.--
            (1) In general.--Section 11-2102, District of Columbia 
        Official Code, is amended--
                    (A) in the heading, by striking ``bond;'';
                    (B) in subsection (a)(2), by striking ``give 
                bond,'' and all that follows through ``seasonably to 
                record'' and inserting ``seasonably record''; and
                    (C) by striking the third sentence of subsection 
                (a).
            (2) Clerical amendment.--The item relating to section 11-
        2102 in the table of sections for chapter 21 of title 11, 
        District of Columbia Official Code, is amended by striking 
        ``bond;''.
    Sec. 137. Section 11-1728, District of Columbia Official Code, is 
amended to read as follows:
``Sec. 11-1728. Recruitment and training of personnel; travel
    ``(a) The Executive Officer shall be responsible for recruiting 
such qualified personnel as may be necessary for the District of 
Columbia courts and for providing in-service training for court 
personnel.
    ``(b) Travel under Federal supply schedules is authorized for the 
travel of court personnel on official business. The Joint Committee 
shall prescribe such requirements, conditions, and restrictions for 
such travel as it considers appropriate, and shall include policies and 
procedures for preventing abuses of that travel authority.''.
    (b) The table of sections for subchapter II of chapter 17 of title 
11, District of Columbia Official Code, is amended by amending the item 
relating to section 11-1728 to read as follows:

    ``11-1728. Recruitment and training of personnel; travel.''.
    Sec. 138. (a) Notwithstanding any other provision of this Act, the 
amount of local funds made available under this Act for the Office of 
the Inspector General shall be the amount provided in the annual 
estimate of the Inspector General of the expenditures and 
appropriations necessary for the operation of the Office for fiscal 
year 2005, as prepared by the Inspector General and submitted to the 
Mayor of the District of Columbia under section 208(a)(2)(A) of the 
District of Columbia Procurement Practices Act of 1985 (sec. 2-
302.08(a)(2)(A), D.C. Official Code).
    (b) The Chief Financial Officer of the District of Columbia shall 
take such steps as are necessary to carry out this section.
    This Act may be cited as the ``District of Columbia Appropriations 
Act, 2005''.
                                                 Union Calendar No. 369

108th CONGRESS

  2d Session

                               H. R. 4850

                          [Report No. 108-610]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             July 19, 2004

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
```