IB 

108TH CONGRESS 

2D SESSION H. R. 4850 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 22, 2004 

Ordered to be printed with the amendment of the Senate 

[Strike out all after the enacting clause and insert the part printed in italic] 

AN ACT 

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 

6 year ending September 30, 2005, and for other purposes, 

7 namely: 
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1 TITLE I—FEDERAL FUNDS 

2 FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

3 For a Federal payment to the District of Columbia, 

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

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

6 Columbia resident tuition support, $25,600,000, to remain 

7 available until expended: Provided, That such funds, in8 cluding any interest accrued thereon, may be used on be9 half of eligible District of Columbia residents to pay an 

10 amount based upon the difference between in-State and 

11 out-of-State tuition at public institutions of higher edu12 cation, or to pay up to $2,500 each year at eligible private 

13 institutions of higher education: Provided further, That the 

14 awarding of such funds may be prioritized on the basis 

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

16 eligible students and such other factors as may be author17 ized: Provided further, That the District of Columbia gov18 ernment shall maintain a dedicated account for the Resi19 dent Tuition Support Program that shall consist of the 

20 Federal funds appropriated to the Program in this Act 

21 and any subsequent appropriations, any unobligated bal22 ances from prior fiscal years, and any interest earned in 

23 this or any fiscal year: Provided further, That the account 

24 shall be under the control of the District of Columbia 

25 Chief Financial Officer, who shall use those funds solely 
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1 for the purposes of carrying out the Resident Tuition Sup2 port Program: Provided further, That the Office of the 

3 Chief Financial Officer shall provide a quarterly financial 

4 report to the Committees on Appropriations of the House 

5 of Representatives and Senate for these funds showing, 

6 by object class, the expenditures made and the purpose 

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

8 of the total amount appropriated for this program may 

9 be used for administrative expenses. 

10 FEDERAL PAYMENT FOR EMERGENCY PLANNING AND

11 SECURITY COSTS IN THE DISTRICT OF COLUMBIA

12 For necessary expenses, as determined by the Mayor 

13 of the District of Columbia in written consultation with 

14 the elected county or city officials of surrounding jurisdic15 tions, $15,000,000, to remain available until expended, to 

16 reimburse the District of Columbia for the costs of pro17 viding public safety at events related to the presence of 

18 the national capital in the District of Columbia and for 

19 the costs of providing support to respond to immediate 

20 and specific terrorist threats or attacks in the District of 

21 Columbia or surrounding jurisdictions: Provided, That any 

22 amount provided under this heading shall be available only 

23 after notice of its proposed use has been transmitted by 

24 the President to Congress and such amount has been ap-
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1 portioned pursuant to chapter 15 of title 31, United 

2 States Code. 

3 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

4 COURTS

5 For salaries and expenses for the District of Colum6 bia Courts, $202,110,000, to be allocated as follows: for 

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

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

9 representation expenses; for the District of Columbia Su10 perior Court, $84,948,000, of which not to exceed $1,500 

11 is for official reception and representation expenses; for 

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

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

14 representation expenses; and $67,511,000, to remain 

15 available until September 30, 2006, for capital improve16 ments for District of Columbia courthouse facilities: Pro17 vided, That notwithstanding any other provision of law, 

18 a single contract or related contracts for development and 

19 construction of facilities may be employed which collec20 tively include the full scope of the project: Provided fur21 ther, That the solicitation and contract shall contain the 

22 clause ‘‘availability of Funds’’ found at 48 CFR 52.232– 

23 18: Provided further, That funds made available for capital 

24 improvements shall be expended consistent with the Gen25 eral Services Administration master plan study and build-
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1 ing evaluation report: Provided further, That notwith2 standing any other provision of law, all amounts under 

3 this heading shall be apportioned quarterly by the Office 

4 of Management and Budget and obligated and expended 

5 in the same manner as funds appropriated for salaries and 

6 expenses of other Federal agencies, with payroll and finan7 cial services to be provided on a contractual basis with 

8 the General Services Administration (GSA), and such 

9 services shall include the preparation of monthly financial 

10 reports, copies of which shall be submitted directly by GSA 

11 to the President and to the Committees on Appropriations 

12 of the House of Representatives and Senate, the Com13 mittee on Government Reform of the House of Represent14 atives, and the Committee on Governmental Affairs of the 

15 Senate: Provided further, That 30 days after providing 

16 written notice to the Committees on Appropriations of the 

17 House of Representatives and Senate, the District of Co18 lumbia Courts may reallocate not more than $1,000,000 

19 of the funds provided under this heading among the items 

20 and entities funded under this heading for operations, and 

21 not more than 4 percent of the funds provided under this 

22 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 such other services as are necessary 

12 to improve the quality of guardian ad litem representation, 

13 payments for counsel appointed in adoption proceedings 

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

15 counsel authorized under section 21–2060, D.C. Official 

16 Code (relating to representation provided under the Dis17 trict of Columbia Guardianship, Protective Proceedings, 

18 and Durable Power of Attorney Act of 1986), 

19 $41,500,000, 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 $67,511,000 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 $67,511,000 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 futher, 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), and such services shall in19 clude the preparation of monthly financial reports, copies 

20 of which shall be submitted directly by GSA to the Presi21 dent and to the Committees on Appropriations of the 

22 House of Representatives and Senate, the Committee on 

23 Government Reform of the House of Representatives, and 

24 the 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, $183,490,000, of 

11 which not to exceed $2,000 is for official receptions 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 $115,343,000 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 $28,833,000 shall be transferred to the Public Defender 

24 Service for the District of Columbia: Provided, That not25 withstanding any other provision of law, all amounts 
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1 under this heading shall be apportioned quarterly by the 

2 Office of Management and Budget and obligated and ex3 pended in the same manner as funds appropriated for sal4 aries and expenses of other Federal agencies: Provided fur5 ther, That the Director is authorized to accept and use 

6 gifts in the form of in-kind contributions of space and hos7 pitality to support offender and defendant programs, and 

8 equipment and vocational training services to educate and 

9 train offenders and defendants: Provided further, That the 

10 Director shall keep accurate and detailed records of the 

11 acceptance and use of any gift or donation under the pre12 vious proviso, and shall make such records available for 

13 audit and public inspection: Provided further, That the 

14 Court Services and Offender Supervision Agency Director 

15 is authorized to accept and use reimbursement from the 

16 D.C. Government for space and services provided on a cost 

17 reimbursable basis: Provided further, That the Public De18 fender Service is authorized to charge fees to cover costs 

19 of materials distributed to attendees of educational events, 

20 including conferences, sponsored by the Public Defender 

21 Service, and notwithstanding section 3302 of title 31, 

22 United States Code, said fees shall be credited to the Pub23 lic Defender Service account to be available for use with24 out further appropriation. 
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1 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

2 WATER AND SEWER AUTHORITY

3 For a Federal payment to the District of Columbia 

4 Water and Sewer Authority, $10,000,000, to remain avail5 able until expended, to continue implementation of the 

6 Combined Sewer Overflow Long-Term Plan: Provided, 

7 That the District of Columbia Water and Sewer Authority 

8 provides a 100 percent match for this payment. 

9 FEDERAL PAYMENT FOR THE ANACOSTIA WATERFRONT

10 INITIATIVE

11 For a Federal payment to the District of Columbia 

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

13 available until September 30, 2006, for design and con14 struction of a continuous pedestrian and bicycle trail sys15 tem from the Potomac River to the District’s border with 

16 Maryland. 

17 FEDERAL PAYMENT TO THE CRIMINAL JUSTICE

18 COORDINATING COUNCIL

19 For a Federal payment to the Criminal Justice Co20 ordinating Council, $1,300,000, to support initiatives re21 lated to the coordination of Federal and local criminal jus22 tice resources in the District of Columbia. 
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1 FEDERAL PAYMENT FOR CAPITAL DEVELOPMENT IN

2 THE DISTRICT OF COLUMBIA

3 For a Federal payment to the District of Columbia 

4 for capital development, $7,000,000, to remain available 

5 until expended, for the Unified Communications Center. 

6 FEDERAL PAYMENT FOR PUBLIC SCHOOL LIBRARIES

7 For a Federal payment to the District of Columbia 

8 Public Schools, $6,000,000, to remain available until ex9 pended, for a public school library enhancement program: 

10 Provided, That the District of Columbia Public Schools 

11 provides a 100 percent match for this payment: Provided 

12 further, That the Federal portion is for the acquisition of 

13 library resources: Provided further, That the matching 

14 portion is for any necessary facilities upgrades. 

15 FEDERAL PAYMENT FOR THE FAMILY LITERACY

16 PROGRAM

17 For a Federal payment to the District of Columbia, 

18 $1,000,000, for a Family Literacy Program to address the 

19 needs of literacy-challenged parents while endowing their 

20 children with an appreciation for literacy and strength21 ening familial ties: Provided, That the District of Colum22 bia shall provide a 100 percent match with local funds 

23 as a condition of receiving this payment. 
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1 FEDERAL PAYMENT FOR FOSTER CARE IMPROVEMENTS

2 IN THE DISTRICT OF COLUMBIA

3 For the Federal payment to the District of Columbia 

4 for foster care improvements, $5,000,000: Provided, That 

5 $3,000,000 shall be for the Child and Family Services 

6 Agency, of which $2,000,000 shall be to continue an early 

7 intervention program to provide intensive and immediate 

8 services for foster children; of which $1,000,000 shall be 

9 for the emergency support fund to purchase items nec10 essary to allow children to remain in the care of an ap11 proved and licensed family member: Provided further, That 

12 $1,500,000 shall be for the Department of Mental Health 

13 to provide all court-ordered or agency-required mental 

14 health screenings, assessments and treatments for chil15 dren under the supervision of the Child and Family Serv16 ices Agency: Provided further, That $500,000 shall be for 

17 the Washington Metropolitan Council of Governments, to 

18 continue a program in conjunction with the Foster and 

19 Adoptive Parents Advocacy Center, to provide respite care 

20 and recruitment of foster parents: Provided further, That 

21 these Federal funds shall supplement and not supplant 

22 local funds. 
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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, $19,000,000: 

5 Provided, That these funds shall be available for the 

6 projects and in the amounts specified in the Statement 

7 of the Managers on the conference report accompanying 

8 this Act: Provided further, That each entity that receives 

9 funding under this heading shall submit to the Office of 

10 the 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 Federal payment for a school improvement pro16 gram in the District of Columbia, $40,000,000, to be allo17 cated as follows: for the District of Columbia Public 

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

19 in the District of Columbia; for the State Education Of20 fice, $13,000,000 to expand quality charter schools in the 

21 District of Columbia; for the Secretary of the Department 

22 of Education, $14,000,000 to provide opportunity scholar23 ships for students in the District of Columbia in accord24 ance with division C title III of the District of Columbia 

25 Appropriations Act, 2004 (Public Law 108–199, 118 Stat. 
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1 126), of which up to $1,000,000 may be used to admin2 ister and fund assessments for the opportunity scholarship 

3 program: Provided, That the District of Columbia Public 

4 Schools shall submit a plan for the use of funds provided 

5 under this heading for public school education to the Com6 mittees on Appropriations of the House of Representatives 

7 and Senate, the Committee on Education and the Work8 force and the Committee on Government Reform of the 

9 House of Representatives, the Committee on Health, Edu10 cation, Labor, and Pensions of the Senate: Provided fur11 ther, That the funds provided under this heading for pub12 lic school education shall not be made available until 30 

13 calendar days after the submission of a spending plan by 

14 the District of Columbia Public Schools to the Committees 

15 on Appropriations of the House of Representatives and 

16 Senate. 

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 provisions of this Act, 

2 the total amount appropriated in this Act for operating 

3 expenses for the District of Columbia for fiscal year 2005 

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

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

6 fiscal year or $6,199,114,000 (of which $4,165,485,000 

7 shall be from local funds, $1,687,554,000 shall be from 

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

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

10 addition, $98,900,000 from funds previously appropriated 

11 in this Act as Federal payments: Provided further, That 

12 this amount may be increased by proceeds of one-time 

13 transactions, which are expended for emergency or unan14 ticipated operating or capital needs: Provided further, 

15 That such increases shall be approved by enactment of 

16 local District law and shall comply with all reserve require17 ments contained in the District of Columbia Home Rule 

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

19 Chief Financial Officer of the District of Columbia shall 

20 take such steps as are necessary to assure that the Dis21 trict of Columbia meets these requirements, including the 

22 apportioning by the Chief Financial Officer of the appro23 priations and funds made available to the District during 

24 fiscal year 2005, except that the Chief Financial Officer 

25 may not reprogram for operating expenses any funds de-
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1 rived from bonds, notes, or other obligations issued for 

2 capital projects. 

3 GOVERNMENTAL DIRECTION AND SUPPORT

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

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

6 from Federal grant funds, and $54,745,000 from other 

7 funds), in addition, $19,000,000 from funds previously 

8 appropriated in this Act under the heading ‘‘Federal Pay9 ment to the Chief Financial Officer of the District of Co10 lumbia’’, and $500,000 from funds previously appro11 priated in this Act under the heading ‘‘Federal Payment 

12 for Foster Care Improvements in the District of Colum13 bia’’ shall be available to the Metropolitan Washington 

14 Council of Governments: Provided, That not to exceed 

15 $9,300 for the Mayor, $9,300 for the Chairman of the 

16 Council of the District of Columbia, $9,300 for the City 

17 Administrator, and $9,300 for the Office of the Chief Fi18 nancial Officer shall be available from this appropriation 

19 for official reception and representation expenses: Pro20 vided further, That any program fees collected from the 

21 issuance of debt shall be available for the payment of ex22 penses of the debt management program of the District 

23 of Columbia: Provided further, That no revenues from 

24 Federal sources shall be used to support the operations 

25 or activities of the Statehood Commission and Statehood 
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1 Compact Commission: Provided further, That the District 

2 of Columbia shall identify the sources of funding for Ad3 mission to Statehood from its own locally generated reve4 nues: Provided further, That notwithstanding any other 

5 provision of law, or Mayor’s Order 86–45, issued March 

6 18, 1986, the Office of the Chief Technology Officer’s del7 egated small purchase authority shall be $500,000: Pro8 vided further, That the District of Columbia government 

9 may not require the Office of the Chief Technology Officer 

10 to submit to any other procurement review process, or to 

11 obtain the approval of or be restricted in any manner by 

12 any official or employee of the District of Columbia gov13 ernment, for purchases that do not exceed $500,000. 

14 ECONOMIC DEVELOPMENT AND REGULATION

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

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

17 from Federal grant funds, $185,806,000 from other 

18 funds, and $125,000 from private funds), of which 

19 $13,000,000 collected by the District of Columbia in the 

20 form of BID tax revenue shall be paid to the respective 

21 BIDs pursuant to the Business Improvement Districts Act 

22 of 1996 (D.C. Law 11–134; D.C. Official Code, sec. 2– 

23 1215.01 et seq.), and the Business Improvement Districts 

24 Amendment Act of 1997 (D.C. Law 12–26; D.C. Official 

25 Code, sec. 2–1215.15 et seq.): Provided, That such funds 
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1 are available for acquiring services provided by the Gen2 eral Services Administration: Provided further, That Busi3 ness Improvement Districts shall be exempt from taxes 

4 levied by the District of Columbia: Provided further, That 

5 local funds in the amount of $1,200,000 shall be appro6 priated for the Excel Institute. 

7 PUBLIC SAFETY AND JUSTICE

8 Public safety and justice, $797,423,000 (including 

9 $760,849,000 from local funds, $6,599,000 from Federal 

10 grant funds, $29,966,000 from other funds, and $9,000 

11 from private funds), in addition, $1,300,000 from funds 

12 previously appropriated in this Act under the heading 

13 ‘‘Federal Payment to the Criminal Justice Coordinating 

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

15 available from this appropriation for the Chief of Police 

16 for the prevention and detection of crime: Provided further, 

17 That the Mayor shall reimburse the District of Columbia 

18 National Guard for expenses incurred in connection with 

19 services that are performed in emergencies by the National 

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

21 in amounts that shall be jointly determined and certified 

22 as due and payable for these services by the Mayor and 

23 the Commanding General of the District of Columbia Na24 tional Guard: Provided further, That such sums as may 

25 be necessary for reimbursement to the District of Colum-
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1 bia National Guard under the preceding proviso shall be 

2 available from this appropriation, and the availability of 

3 the sums shall be deemed as constituting payment in ad4 vance for emergency services involved. 

5 PUBLIC EDUCATION SYSTEM

6 (INCLUDING TRANSFERS OF FUNDS)

7 Public education system, including the development 

8 of national defense education programs, $1,223,424,000 

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

10 $151,978,000 from Federal grant funds, $8,957,000 from 

11 other funds, $3,780,000 from private funds) in addition, 

12 $25,600,000 from funds previously appropriated in this 

13 Act under the heading ‘‘Federal Payment for Resident 

14 Tuition Support’’, $6,000,000 from funds previously ap15 propriated in this Act under the heading ‘‘Federal Pay16 ment for Public School Libaries’’, and $26,000,000 from 

17 funds previously appropriated in this Act under the head18 ing ‘‘Federal Payment for School Improvement in the Dis19 trict of Columbia’’ to be allocated as follows: 

20 (1) DISTRICT OF COLUMBIA PUBLIC

21 SCHOOLS.—$888,944,000 (including $760,494,000 

22 from local funds, $117,450,000 from Federal grant 

23 funds, $7,330,000 from other funds, $3,670,000 

24 from private funds), in addition, $6,000,000 from 

25 funds previously appropriated in this Act under the 
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1 heading ‘‘Federal Payment for Public School Librar2 ies’’ shall be available for District of Columbia Pub3 lic Schools and $13,000,000 from funds previously 

4 appropriated in this Act under the heading ‘‘Federal 

5 Payment for School Improvement in the District of 

6 Columbia’’ shall be available for District of Colum7 bia Public Schools: Provided, That notwithstanding 

8 any other provision of law, rule, or regulation, the 

9 evaluation process and instruments for evaluating 

10 District of Columbia Public School employees shall 

11 be a non-negotiable item for collective bargaining 

12 purposes: Provided further, That this appropriation 

13 shall not be available to subsidize the education of 

14 any nonresident of the District of Columbia at any 

15 District of Columbia public elementary or secondary 

16 school during fiscal year 2005 unless the non17 resident pays tuition to the District of Columbia at 

18 a rate that covers 100 percent of the costs incurred 

19 by the District of Columbia that are attributable to 

20 the education of the nonresident (as established by 

21 the Superintendent of the District of Columbia Pub22 lic Schools): Provided further, That notwithstanding 

23 the amounts otherwise provided under this heading 

24 or any other provision of law, there shall be appro25 priated to the District of Columbia Public Schools 
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1 on July 1, 2005, an amount equal to 10 percent of 

2 the total amount of the local funds appropriations 

3 request provided for the District of Columbia Public 

4 Schools in the proposed budget of the District of Co5 lumbia for fiscal year 2006 (as submitted to Con6 gress), and the amount of such payment shall be 

7 chargeable against the final amount provided for the 

8 District of Columbia Public Schools under the Dis9 trict of Columbia Appropriations Act, 2006: Pro10 vided further, That not to exceed $9,300 for the Su11 perintendent of Schools shall be available from this 

12 appropriation for official reception and representa13 tion expenses. 

14 (2) TEACHERS’ RETIREMENT FUND.— 

15 $9,200,000 from local funds shall be available for 

16 the Teacher’s Retirement Fund. 

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

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

19 $32,913,000 from Federal grant funds, and 

20 $176,000 from other funds), in addition, 

21 $25,600,000 from funds previously appropriated in 

22 this Act under the heading ‘‘Federal Payment for 

23 Resident Tuition Support’’ shall be available for the 

24 State Education Office and $13,000,000 from funds 

25 previously appropriated in this Act under the head-
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1 ing ‘‘Federal Payment for School Improvement in 

2 the District of Columbia’’ shall be available for the 

3 State Education Office: Provided, That of the 

4 amounts provided to the State Education Office, 

5 $500,000 from local funds shall remain available 

6 until June 30, 2006 for an audit of the student en7 rollment of each District of Columbia Public School 

8 and of each District of Columbia public charter 

9 school. 

10 (4) DISTRICT OF COLUMBIA PUBLIC CHARTER

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

12 available for District of Columbia public charter 

13 schools: Provided, That there shall be quarterly dis14 bursement of funds to the District of Columbia pub15 lic charter schools, with the first payment to occur 

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

17 Provided further, That if the entirety of this alloca18 tion has not been provided as payments to any pub19 lic charter schools currently in operation through the 

20 per pupil funding formula, the funds shall remain 

21 available for public education in accordance with sec22 tion 2403(b)(2) of the District of Columbia School 

23 Reform Act of 1995 (D.C. Official Code, sec. 38– 

24 1804.03(b)(2)): Provided further, That of the 

25 amounts made available to District of Columbia pub-
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1 lic charter schools, $100,000 shall be made available 

2 to the Office of the Chief Financial Officer as au3 thorized by section 2403(b)(5) of the District of Co4 lumbia School Reform Act of 1995 (D.C. Official 

5 Code, sec. 38–1804.03(b)(5)): Provided further, That 

6 notwithstanding the amounts otherwise provided 

7 under this heading or any other provision of law, 

8 there shall be appropriated to the District of Colum9 bia public charter schools on July 1, 2005, an 

10 amount equal to 25 percent of the total amount of 

11 the local funds appropriations request provided for 

12 payments to public charter schools in the proposed 

13 budget of the District of Columbia for fiscal year 

14 2006 (as submitted to Congress), and the amount of 

15 such payment shall be chargeable against the final 

16 amount provided for such payments under the Dis17 trict of Columbia Appropriations Act, 2006. 

18 (5) UNIVERSITY OF THE DISTRICT OF COLUM19 BIA SUBSIDY.—$49,602,000 from local funds shall 

20 be available for the University of the District of Co21 lumbia subsidy: Provided, That this appropriation 

22 shall not be available to subsidize the education of 

23 nonresidents of the District of Columbia at the Uni24 versity of the District of Columbia, unless the Board 

25 of Trustees of the University of the District of Co-
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1 lumbia adopts, for the fiscal year ending September 

2 30, 2005, a tuition rate schedule that will establish 

3 the tuition rate for nonresident students at a level 

4 no lower than the nonresident tuition rate charged 

5 at comparable public institutions of higher education 

6 in the metropolitan area: Provided further, That not7 withstanding the amounts otherwise provided under 

8 this heading or any other provision of law, there 

9 shall be appropriated to the University of the Dis10 trict of Columbia on July 1, 2005, an amount equal 

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

12 appropriations request provided for the University of 

13 the District of Columbia in the proposed budget of 

14 the District of Columbia for fiscal year 2006 (as 

15 submitted to Congress), and the amount of such 

16 payment shall be chargeable against the final 

17 amount provided for the University of the District of 

18 Columbia under the District of Columbia Appropria19 tions Act, 2006: Provided further, That not to exceed 

20 $9,300 for the President of the University of the 

21 District of Columbia shall be available from this ap22 propriation for official reception and representation 

23 expenses. 

24 (6) DISTRICT OF COLUMBIA PUBLIC LIBRAR25 IES.—$30,831,000 (including $28,978,000 from 
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1 local funds, $1,093,000 from Federal grant funds, 

2 $651,000 from other funds, and $110,000 from pri3 vate funds) shall be available for the District of Co4 lumbia Public Libraries: Provided, That not to ex5 ceed $7,500 for the Public Librarian shall be avail6 able from this appropriation for official reception 

7 and representation expenses. 

8 (7) COMMISSION ON THE ARTS AND HUMAN9 ITIES.—$4,941,000 (including $3,618,000 from local 

10 funds, $523,000 from Federal grant funds, and 

11 $800,000 from other funds) shall be available for 

12 the Commission on the Arts and Humanities. 

13 HUMAN SUPPORT SERVICES

14 (INCLUDING TRANSFER OF FUNDS)

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

16 $1,165,314,000 from local funds, $1,331,670,000 from 

17 Federal grant funds, $27,441,000 from other funds, 

18 $9,400,000 from private funds), in addition, $4,500,000 

19 from funds previously appropriated in this Act under the 

20 heading ‘‘Federal Payment to Foster Care Improvements 

21 in the District of Columbia’’: Provided, That $29,600,000 

22 of this appropriation, to remain available until expended, 

23 shall be available solely for District of Columbia employ24 ees’ disability compensation: Provided further, That no less 

25 than $8,498,720, to remain available until expended, shall 
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1 be deposited in the Addiction Recovery Fund, established 

2 pursuant to section 5 of the Choice in Drug Treatment 

3 Act of 2000, effective July 8, 2000 (D.C. Law 13–146; 

4 D.C. Official Code, sec. 7–3004), to be used exclusively 

5 for the purpose of the Choice in Drug Treatment program, 

6 established pursuant to section 4 of the Choice in Drug 

7 Treatment Act of 2000 (D.C. Law 13–146; D.C. Official 

8 Code, sec. 7–3003), of which $7,500,000 shall be provided 

9 from local funds: Provided further, That none of the 

10 $8,498,720 for the Choice in Drug Treatment program 

11 shall be used by the Department of Health’s Addiction 

12 Prevention and Recovery Administration to provide youth 

13 residential treatment services or youth outpatient treat14 ment services: Provided further, That no less than 

15 $2,000,000 shall be available to the Department of 

16 Health’s Addiction Prevention and Recovery Administra17 tion exclusively for the purpose of providing youth residen18 tial treatment services: Provided further, That no less than 

19 $1,575,416 shall be available to the Department of 

20 Health’s Addiction Prevention and Recovery Administra21 tion exclusively for the purpose of providing youth out22 patient treatment services, of which $750,000 shall be 

23 made available exclusively to provide intensive outpatient 

24 treatment slots, outpatient treatment slots, and other pro25 gram costs for youth in the care of the Youth Services 
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1 Administration: Provided further, That no less than 

2 $1,400,000 shall be used by the Department of Health’s 

3 Addiction Prevention and Recovery Administration to 

4 fund a Child and Family Services Agency pilot project en5 titled Family Treatment Court: Provided further, That 

6 $1,200,000 of local funds, to remain available until ex7 pended, shall be deposited in the Adoption Voucher Fund, 

8 established pursuant to section 3805(a) of the Adoption 

9 Voucher Fund Act of 2000, effective October 19, 2000 

10 (D.C. Law 13–172; D.C. Official Code, sec. 4–344(a)), to 

11 be used exclusively for the purposes set forth in section 

12 3805(b) of the Adoption Voucher Fund Act (D.C. Official 

13 Code, sec. 4–344(b)): Provided further, That no less than 

14 $300,000 shall be used by the Department of Health’s En15 vironmental Health Administration to operate the Total 

16 Maximum Daily Load program: Provided further, That no 

17 less than $1,268,500 shall be used by the Department of 

18 Health’s Environmental Health Administration to operate 

19 its air quality programs, of which no less than $242,000 

20 shall be used to fund 4 full-time air quality employees: 

21 Provided further, That the Department of Human Serv22 ices, Youth Services Administration shall not expend any 

23 appropriated fiscal year 2005 funds until the Mayor has 

24 submitted to the Council by September 30, 2004, a plan, 

25 including time lines, to close the Oak Hill Youth Center 
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1 at the earliest feasible date. All of the above proviso 

2 amounts in this heading relate back to and are a subset 

3 of the first-referenced appropriation amount of 

4 $2,533,825,000. 

5 PUBLIC WORKS

6 Public works, including rental of one passenger-car7 rying vehicle for use by the Mayor and three passenger8 carrying vehicles for use by the Council of the District of 

9 Columbia and leasing of passenger-carrying vehicles, 

10 $331,936,000 (including $312,035,000 from local funds, 

11 $4,000,000 from Federal grant funds, and $15,901,000 

12 from other funds): Provided, That this appropriation shall 

13 not be available for collecting ashes or miscellaneous 

14 refuse from hotels and places of business. 

15 CASH RESERVE

16 For the cumulative cash reserve established pursuant 

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

18 Responsibility and Management Assistance Act of 1995 

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

20 from local funds. 

21 REPAYMENT OF LOANS AND INTEREST

22 For payment of principal, interest, and certain fees 

23 directly resulting from borrowing by the District of Co24 lumbia to fund District of Columbia capital projects as 

25 authorized by sections 462, 475, and 490 of the District 
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1 of Columbia Home Rule Act (D.C. Official Code, secs. 1– 

2 204.62, 1–204.75, and 1–204.90), $347,700,000 from 

3 local funds. 

4 PAYMENT OF INTEREST ON SHORT-TERM BORROWING

5 For payment of interest on short-term borrowing, 

6 $4,000,000 from local funds. 

7 CERTIFICATES OF PARTICIPATION

8 For principal and interest payments on the District’s 

9 Certificates of Participation, issued to finance the ground 

10 lease underlying the building located at One Judiciary 

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

12 SETTLEMENTS AND JUDGMENTS

13 For making refunds and for the payment of legal set14 tlements or judgments that have been entered against the 

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

16 funds: Provided, That this appropriation shall not be con17 strued as modifying or affecting the provisions of section 

18 103 of this Act. 

19 WILSON BUILDING

20 For expenses associated with the John A. Wilson 

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

22 WORKFORCE INVESTMENTS

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

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

25 Columbia within the various appropriation headings in 
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1 this Act for which employees are properly payable: Pro2 vided, That of this amount $3,548,000 shall remain avail3 able until expended to meet the requirements of the Com4 pensation Agreement Between the District of Columbia 

5 Government Units 1 and 2 Approval Resolution of 2004, 

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

7 2325). 

8 NON-DEPARTMENTAL AGENCY

9 To account for anticipated costs that cannot be allo10 cated to specific agencies during the development of the 

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

12 local funds and $9,946,000 from other funds) to be trans13 ferred by the Mayor of the District of Columbia within 

14 the various appropriations headings in this Act: Provided, 

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

16 costs associated with the No Child Left Behind Act. 

17 EMERGENCY PLANNING AND SECURITY FUND

18 For Emergency Planning and Security Fund, 

19 $15,000,000 from funds previously appropriated in this 

20 Act under the heading ‘‘Federal Payment for Emergency 

21 Planning and Security Costs in the District of Columbia’’. 

22 TAX INCREMENT FINANCING PROGRAM

23 For a Tax Increment Financing Program, such 

24 amounts as are necessary to meet the Tax Increment Fi-
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1 nancing requirements, not to exceed $9,710,000 from the 

2 District’s general fund balance. 

3 EQUIPMENT LEASE OPERATING

4 For Equipment Lease Operating $23,109,000 from 

5 local funds: Provided, That for equipment leases, the 

6 Mayor may finance $19,453,000 of equipment cost, plus 

7 cost of issuance not to exceed 2 percent of the par amount 

8 being financed on a lease purchase basis with a maturity 

9 not to exceed 5 years. 

10 EMERGENCY AND CONTINGENCY RESERVE FUNDS

11 For the emergency reserve fund and the contingency 

12 reserve fund under section 450A of the District of Colum13 bia Home Rule Act (Public Law 98–198, as amended; 

14 D.C. Official Code, sec. 1–204.50a), such additional 

15 amounts from the District’s general fund balance as are 

16 necessary to meet the balance requirements for such funds 

17 under section 450A. 

18 FAMILY LITERACY

19 From funds previously appropriated in this Act under 

20 the heading ‘‘Federal Payment for the Family Literacy 

21 Program’’, $1,000,000. 

22 PAY-AS-YOU-GO CAPITAL

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

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

25 to the Capital Fund. 
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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, and 

21 up to $1,200,000 to the District of Columbia Public Li22 brary. 
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1 ENTERPRISE AND OTHER FUNDS 

2 WATER AND SEWER AUTHORITY

3 For operation of the Water and Sewer Authority, 

4 $275,289,000 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. For construction projects, 

8 $371,040,000, to be distributed as follows: $181,656,000 

9 for the Blue Plains Wastewater Treatment Plant, 

10 $43,800,000 for the sewer program, $9,118,000 for the 

11 stormwater program, $122,627,000 for the water pro12 gram, and $13,839,000 for the capital equipment pro13 gram; in addition, $10,000,000 from funds previously ap14 propriated in this Act under the heading ‘‘Federal Pay15 ment to the District of Columbia Water and Sewer Au16 thority’’: Provided, That the requirements and restrictions 

17 that are applicable to general fund capital improvement 

18 projects and set forth in this Act under the Capital Outlay 

19 appropriation account shall apply to projects approved 

20 under this appropriation account. 

21 WASHINGTON AQUEDUCT

22 For operation of the Washington Aqueduct, 

23 $47,972,000 from other funds. 
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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 
35 

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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. 
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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, $49,603,000 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 INSURANCE TRUST FUND

21 For the Unemployment Insurance Trust Fund, 

22 $180,000,000 from other funds. 

23 OTHER POST EMPLOYEE BENEFITS TRUST FUND

24 For the Other Post Employee Benefits Trust Fund, 

25 $953,000 from other funds. 
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1 DC PUBLIC LIBRARY TRUST FUND

2 For the DC Public Library Trust Fund, $17,000 

3 from other funds: Provided, That $7,000 shall be for the 

4 Theodore W. Noyes Trust Fund: Provided further, That 

5 $10,000 shall be for the Peabody Trust Fund. 

6 CAPITAL OUTLAY

7 (INCLUDING RESCISSIONS)

8 For construction projects, an increase of 

9 $1,087,649,000, of which $839,898,000 shall be from 

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

11 $37,000,000 from the Rights-of-way funds, $172,209,000 

12 from Federal grant funds, and a rescission of 

13 $361,763,000 from local funds appropriated under this 

14 heading in prior fiscal years, for a net amount of 

15 $725,886,000, to remain available until expended; in addi16 tion, $7,000,000 from funds previously appropriated in 

17 this Act under the heading ‘‘Federal Payment for Capital 

18 Development in the District of Columbia’’ and $3,000,000 

19 from funds previously appropriated in this Act under the 

20 heading ‘‘Federal Payment for the Anacostia Waterfront 

21 Initiative’’: Provided, That funds for use of each capital 

22 project implementing agency shall be managed and con23 trolled in accordance with all procedures and limitations 

24 established under the Financial Management System: Pro25 vided further, That all funds provided by this appropria-
38 

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1 tion title shall be available only for the specific projects 

2 and purposes intended: Provided further, That the Office 

3 of the Chief Technology Officer of the District of Colum4 bia shall implement the following information technology 

5 projects on behalf of the District of Columbia Public 

6 Schools: Student Information System (project number 

7 T2240), Student Information System PCS (project num8 ber T2241), Enterprise Resource Planning (project num9 ber T2242), E-Rate (project number T2243), and SETS 

10 Expansion PCS (project number T2244). 

11 TITLE III—GENERAL PROVISIONS 

12 SEC. 101. Whenever in this Act, an amount is speci13 fied within an appropriation for a particular purposes or 

14 objects of expenditure, such amount, unless otherwise 

15 specified, shall be considered as the maximum amount 

16 that may be expended for said purpose or object rather 

17 than an amount set apart exclusively therefor. 

18 SEC. 102. Appropriations in this act shall be available 

19 for expenses of travel and for the payment of dues of orga20 nizations concerned with the work of the District of Co21 lumbia government, when authorized by the Mayor, or, in 

22 the case of the Council of the District of Columbia, funds 

23 may be expended with the authorization of the Chairman 

24 of the Council. 
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1 SEC. 103. 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. 104. No part of any appropriation contained in 

7 this Act shall remain available for obligation beyond the 

8 current fiscal year unless expressly provided herein. 

9 SEC. 105. (a) Except as provided in subsection (b), 

10 no part of this appropriation shall be used for publicity 

11 or propaganda purposes or implementation of any policy 

12 including boycott designed to support or defeat legislation 

13 pending before Congress or any State legislature. 

14 (b) The District of Columbia may use local funds pro15 vided in this Act to carry out lobbying activities on any 

16 matter other than— 

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

18 (2) statehood for the District of Columbia or 

19 voting representation in Congress for the District of 

20 Columbia. 

21 (c) Nothing in this section may be construed to pro22 hibit any elected official from advocating with respect to 

23 any of the issues referred to in subsection (b). 

24 SEC. 106. (a) None of the funds provided under this 

25 Act to the agencies funded by this Act, both Federal and 
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1 District government agencies, that remain available for 

2 obligation or expenditure in fiscal year 2005, or provided 

3 from any accounts in the Treasury of the United States 

4 derived by the collection of fees available to the agencies 

5 funded by this Act, shall be available for obligation or ex6 penditures for an agency through a reprogramming of 

7 funds which— 

8 (1) creates new programs; 

9 (2) eliminates a program, project, or responsi10 bility center; 

11 (3) establishes or changes allocations specifi12 cally denied, limited or increased under this Act; 

13 (4) increases funds or personnel by any means 

14 for any program, project, or responsibility center for 

15 which funds have been denied or restricted; 

16 (5) reestablishes any program or project pre17 viously deferred through reprogramming; 

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

19 responsibility center through a reprogramming of 

20 funds in excess of $1,000,000 or 10 percent, which21 ever is less; or 

22 (7) increases by 20 percent or more personnel 

23 assigned to a specific program, project or responsi24 bility center, 
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1 unless the Committees on Appropriations of the House of 

2 Representatives and Senate are notified in writing 15 days 

3 in advance of the reprogramming. 

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

5 be available for obligation or expenditure for an agency 

6 through a transfer of any local funds in excess of 

7 $1,000,000 from one appropriation heading to another un8 less the Committees on Appropriations of the House of 

9 Representatives and Senate are notified in writing 15 days 

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

11 the amount of any funds transferred exceed 4 percent of 

12 the local funds in the appropriations. 

13 SEC. 107. Consistent with the provisions of section 

14 1301(a) of title 31, United States Code, appropriations 

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

16 which the appropriations were made except as otherwise 

17 provided by law. 

18 SEC. 108. Notwithstanding any other provisions of 

19 law, the provisions of the District of Columbia Govern20 ment Comprehensive Merit Personnel Act of 1978 (D.C. 

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

22 enacted pursuant to section 422(3) of the District of Co23 lumbia Home Rule Act (D.C. Official Code, sec. 1– 

24 204l.22(3)), shall apply with respect to the compensation 

25 of District of Columbia employees. For pay purposes, em-
42 

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1 ployees of the District of Columbia government shall not 

2 be subject to the provisions of title 5, United States Code. 

3 SEC. 109. No later than 30 days after the end of the 

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

5 of Columbia shall submit to the Council of the District 

6 of Columbia and the Committees on Appropriations of the 

7 House of Representatives and Senate the new fiscal year 

8 2005 revenue estimates as of the end of such quarter. 

9 These estimates shall be used in the budget request for 

10 fiscal year 2006. The officially revised estimates at mid11 year shall be used for the midyear report. 

12 SEC. 110. No sole source contract with the District 

13 of Columbia government or any agency thereof may be re14 newed or extended without opening that contract to the 

15 competitive bidding process as set forth in section 303 of 

16 the District of Columbia Procurement Practices Act of 

17 1985 (D.C. Law 6–85; D.C. Official Code, sec. 2–303.03), 

18 except that the District of Columbia government or any 

19 agency thereof may renew or extend sole source contracts 

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

21 if the determination as to whether to invoke the competi22 tive bidding process has been made in accordance with 

23 duly promulgated rules and procedures and has been re24 viewed and certified by the Chief Financial Officer of the 

25 District of Columbia. 
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1 SEC. 111. None of the Federal funds provided in this 

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

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

4 offices of United States Senator or United States Rep5 resentative under section 4(d) of the District of Columbia 

6 Statehood Constitutional Convention Initiatives of 1979 

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

8 SEC. 112. None of the funds appropriated under this 

9 Act shall be expended for any abortion except where the 

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

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

12 an act of rape or incest. 

13 SEC. 113. None of the Federal funds made available 

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

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

16 9–114; D.C. Official Code, sec. 32–701 et seq.) or to oth17 erwise implement or enforce any system of registration of 

18 unmarried, cohabiting couples, including but not limited 

19 to registration for the purpose of extending employment, 

20 health, or governmental benefits to such couples on the 

21 same basis that such benefits are extended to legally mar22 ried couples. 

23 SEC. 114. (a) Notwithstanding any other provision 

24 of this Act, the Mayor, in consultation with the Chief Fi25 nancial Officer of the District of Columbia may accept, 
44 

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

2 received by the District government that are not reflected 

3 in the amounts appropriated in this Act. 

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

5 be accepted, obligated, or expended pursuant to subsection 

6 (a) until— 

7 (A) the Chief Financial Officer of the District 

8 of Columbia submits to the Council a report setting 

9 forth detailed information regarding such grant; and 

10 (B) the Council has reviewed and approved the 

11 acceptance, obligation, and expenditure of such 

12 grant. 

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

14 shall be deemed to have reviewed and approved the accept15 ance, obligation, and expenditure of a grant if— 

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

17 the Secretary of the Council within 14 calendar days 

18 of the receipt of the report from the Chief Financial 

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

20 (B) if such a notice of disapproval is filed with21 in such deadline, the Council does not by resolution 

22 disapprove the acceptance, obligation, or expenditure 

23 of the grant within 30 calendar days of the initial 

24 receipt of the report from the Chief Financial Offi25 cer under paragraph (1)(A). 
45 

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

2 the general fund or other funds of the District of Colum3 bia government in anticipation of the approval or receipt 

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

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

6 grant not subject to such subsection. 

7 (d) The Chief Financial Officer of the District of Co8 lumbia may adjust the budget for Federal, private, and 

9 other grants received by the District government reflected 

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

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

12 actual amount of the grant. 

13 (e) The Chief Financial Officer of the District of Co14 lumbia shall prepare a quarterly report setting forth de15 tailed information regarding all Federal, private, and 

16 other grants subject to this section. Each such report shall 

17 be submitted to the Council of the District of Columbia 

18 and to the Committees on Appropriations of the House 

19 of Representatives and Senate not later than 15 days after 

20 the end of the quarter covered by the report. 

21 SEC. 115. (a) Except as otherwise provided in this 

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

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

24 employee of the District of Columbia with an official vehi25 cle unless the officer or employee uses the vehicle only in 
46 

HR 4850 PP 

1 the performance of the officer’s or employee’s official du2 ties. For purposes of this paragraph, the term ‘‘official 

3 duties’’ does not include travel between the officer’s or em4 ployee’s residence and workplace, except in the case of— 

5 (1) an officer or employee of the Metropolitan 

6 Police Department who resides in the District of Co7 lumbia or is otherwise designated by the Chief of the 

8 Department; 

9 (2) at the discretion of the Fire Chief, an offi10 cer or employee of the District of Columbia Fire and 

11 Emergency Medical Services Department who re12 sides in the District of Columbia and is on call 24 

13 hours a day or is otherwise designated by the Fire 

14 Chief; 

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

16 (4) the Chairman of the Council of the District 

17 of Columbia. 

18 (b) The Chief Financial Officer of the District of Co19 lumbia shall submit by March 1, 2005, an inventory, as 

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

21 operated by the District of Columbia government. The in22 ventory shall include, but not be limited to, the depart23 ment to which the vehicle is assigned; the year and make 

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

25 condition of the vehicle; annual operating and mainte-
47 

HR 4850 PP 

1 nance costs; current mileage; and whether the vehicle is 

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

3 and if so, the officer or employee’s title and resident loca4 tion. 

5 SEC. 116. None of the funds contained in this Act 

6 may be used for purposes of the annual independent audit 

7 of the District of Columbia government for fiscal year 

8 2005 unless— 

9 (1) the audit is conducted by the Inspector 

10 General of the District of Columbia, in coordination 

11 with the Chief Financial Officer of the District of 

12 Columbia, pursuant to section 208(a)(4) of the Dis13 trict of Columbia Procurement Practices Act of 

14 1985 (D.C. Official Code, sec. 2–302.8); and 

15 (2) the audit includes as a basic financial state16 ment a comparison of audited actual year-end re17 sults with the revenues submitted in the budget doc18 ument for such year and the appropriations enacted 

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

20 and classifications contained in the law making the 

21 appropriations for the year and its legislative his22 tory. 

23 SEC. 117. (a) None of the funds contained in this 

24 Act may be used by the District of Columbia Corporation 

25 Counsel or any other officer or entity of the District gov-
48 

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1 ernment to provide assistance for any petition drive or civil 

2 action which seeks to require Congress to provide for vot3 ing representation in Congress for the District of Colum4 bia. 

5 (b) Nothing in this section bars the District of Co6 lumbia Corporation Counsel from reviewing or com7 menting on briefs in private lawsuits, or from consulting 

8 with officials of the District government regarding such 

9 lawsuits. 

10 SEC. 118. (a) None of the funds contained in this 

11 Act may be used for any program of distributing sterile 

12 needles or syringes for the hypodermic injection of any ille13 gal drug. 

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

15 contained in this Act and who carries out any program 

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

17 for such program separately from any funds contained in 

18 this Act. 

19 SEC. 119. None of the funds contained in this Act 

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

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

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

23 the District of Columbia government (including any inde24 pendent agency of the District of Columbia) who has not 

25 filed a certification with the Mayor and the Chief Finan-
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1 cial Officer of the District of Columbia that the officer 

2 understands the duties and restrictions applicable to the 

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

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

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

6 of the reports accompanying the Act and the deadline by 

7 which each report must be submitted. The Chief Financial 

8 Officer of the District of Columbia shall provide to the 

9 Committees on Appropriations of the House of Represent10 atives and Senate by the 10th day after the end of each 

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

12 and the date submitted to the Committees. 

13 SEC. 120. (a) None of the funds contained in this 

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

15 regulation to legalize or otherwise reduce penalties associ16 ated with the possession, use, or distribution of any sched17 ule I substance under the Controlled Substances Act (21 

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

19 (b) The Legalization of Marijuana for Medical Treat20 ment Initiative of 1998, also known as Initiative 59, ap21 proved by the electors of the District of Columbia on No22 vember 3, 1998, shall not take effect. 

23 SEC. 121. Nothing in this Act may be construed to 

24 prevent the Council or Mayor of the District of Columbia 

25 from addressing the issue of the provision of contraceptive 
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1 coverage by health insurance plans, but it is the intent 

2 of Congress that any legislation enacted on such issue 

3 should include a ‘‘conscience clause’’ which provides excep4 tions for religious beliefs and moral convictions. 

5 SEC. 122. The Mayor of the District of Columbia 

6 shall submit to the Committees on Appropriations of the 

7 House of Representatives and Senate, the Committee on 

8 Government Reform of the House of Representatives, and 

9 the Committee on Governmental Affairs of the Senate 

10 quarterly reports addressing— 

11 (1) crime, including the homicide rate, imple12 mentation of community policing, the number of po13 lice officers on local beats, and the closing down of 

14 open-air drug markets; 

15 (2) access to substance and alcohol abuse treat16 ment, including the number of treatment slots, the 

17 number of people served, the number of people on 

18 waiting lists, and the effectiveness of treatment pro19 grams; 

20 (3) management of parolees and pre-trial vio21 lent offenders, including the number of halfway 

22 houses escapes and steps taken to improve moni23 toring and supervision of halfway house residents to 

24 reduce the number of escapes to be provided in con-
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1 sultation with the Court Services and Offender Su2 pervision Agency for the District of Columbia; 

3 (4) education, including access to special edu4 cation services and student achievement to be pro5 vided in consultation with the District of Columbia 

6 Public Schools and the District of Columbia public 

7 charter schools; 

8 (5) improvement in basic District services, in9 cluding rat control and abatement; 

10 (6) application for and management of Federal 

11 grants, including the number and type of grants for 

12 which the District was eligible but failed to apply 

13 and the number and type of grants awarded to the 

14 District but for which the District failed to spend 

15 the amounts received; and 

16 (7) indicators of child well-being. 

17 SEC. 123. (a) No later than 30 calendar days after 

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

19 Officer of the District of Columbia shall submit to the ap20 propriate committees of Congress, the Mayor, and the 

21 Council of the District of Columbia a revised appropriated 

22 funds operating budget in the format of the budget that 

23 the District of Columbia government submitted pursuant 

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

25 (D.C. Official Code, sec. 1–204.42), for all agencies of the 
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1 District of Columbia government for fiscal year 2004 that 

2 is in the total amount of the approved appropriation and 

3 that realigns all budgeted data for personal services and 

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

5 actual expenditures. 

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

7 the Chief Financial Officer of the District of Columbia 

8 certifies that a reallocation is required to address unantici9 pated changes in program requirements. 

10 SEC. 124. None of the funds contained in this Act 

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

12 by the District of Columbia Commission on Human Rights 

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

14 (PA). 

15 SEC. 125. None of the Federal funds made available 

16 in this Act may be transferred to any department, agency, 

17 or instrumentality of the United States Government, ex18 cept pursuant to a transfer made by, or transfer authority 

19 provided in, this Act or any other appropriation Act. 

20 SEC. 126. Notwithstanding any other law, the Dis21 trict of Columbia Courts shall transfer to the general 

22 treasury of the District of Columbia all fines levied and 

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

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

25 sec. 50–2201.05(b)(1) and (2)). The transferred funds 
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1 shall remain available until expended and shall be used 

2 by the Office of the Corporation Counsel for enforcement 

3 and prosecution of District traffic alcohol laws in accord4 ance with section 10(b)(3) of the District of Columbia 

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

6 SEC. 127. None of the funds contained in this Act 

7 may be made available to pay— 

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

9 party in an action or an attorney who defends an ac10 tion, including an administrative proceeding, brought 

11 against the District of Columbia Public Schools 

12 under the Individuals with Disabilities Education 

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

14 that action; or 

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

16 Chief Financial Officer of the District of Columbia 

17 determines to have a pecuniary interest, either 

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

19 in any special education diagnostic services, schools, 

20 or other special education service providers. 

21 SEC. 128. The Chief Financial Officer of the District 

22 of Columbia shall require attorneys in special education 

23 cases brought under the Individuals with Disabilities Act 

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

25 that the attorney or representative rendered any and all 
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1 services for which they receive awards, including those re2 ceived under a settlement agreement or as part of an ad3 ministrative proceeding, under the IDEA from the District 

4 of Columbia. As part of the certification, the Chief Finan5 cial Officer of the District of Columbia shall require all 

6 attorneys in IDEA cases to disclose any financial, cor7 porate, legal, memberships on boards of directors, or other 

8 relationships with any special education diagnostic serv9 ices, schools, or other special education service providers 

10 to which the attorneys have referred any clients as part 

11 of this certification. The Chief Financial Officer shall pre12 pare and submit quarterly reports to the Committees on 

13 Appropriations of the House of Representatives and Sen14 ate on the certification of and the amount paid by the gov15 ernment of the District of Columbia, including the District 

16 of Columbia Public Schools, to attorneys in cases brought 

17 under IDEA. The Inspector General of the District of Co18 lumbia may conduct investigations to determine the accu19 racy of the certifications. 

20 SEC. 129. The amount appropriated by this Act may 

21 be increased by no more than $15,000,000 from funds 

22 identified in the comprehensive annual financial report as 

23 the District’s fiscal year 2004 unexpended general fund 

24 surplus. The District may obligate and expend these 

25 amounts only in accordance with the following conditions: 
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1 (1) The Chief Financial Officer of the District 

2 of Columbia shall certify that the use of any such 

3 amounts is not anticipated to have a negative impact 

4 on the District’s long-term financial, fiscal, and eco5 nomic vitality. 

6 (2) The District of Columbia may only use 

7 these funds for the following expenditures: 

8 (A) Unanticipated one-time expenditures. 

9 (B) Expenditures to avoid deficit spending. 

10 (C) Debt Reduction. 

11 (D) Unanticipated program needs. 

12 (E) Expenditures to avoid revenue short13 falls. 

14 (3) The amounts shall be obligated and ex15 pended in accordance with laws enacted by the 

16 Council in support of each such obligation or ex17 penditure. 

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

19 agencies of the District of Columbia government 

20 under court ordered receivership. 

21 (5) The amounts may be obligated and ex22 pended only if approved by the Committees on Ap23 propriations of the House of Representatives and 

24 Senate in advance of any obligation or expenditure. 
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1 SEC. 130. (a) Section 450A(a) of the District of Co2 lumbia Home Rule Act (D.C. Official Code, sec. 1– 

3 204.50a(a)) is amended as follows: 

4 (1) Paragraph (1) is amended to read as fol5 lows: 

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

7 emergency cash reserve fund (‘‘emergency reserve 

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

9 other accounts in the General Fund) into which the 

10 Mayor shall make a deposit in cash each fiscal year 

11 of such an amount as may be required to maintain 

12 a balance in the fund of at least 2 percent of the 

13 operating expenditures as defined in paragraph (2) 

14 of this subsection or such amount as may be re15 quired for deposit in a fiscal year in which the Dis16 trict is replenishing the emergency reserve fund pur17 suant to subsection (a)(7).’’. 

18 (2) Paragraph (2) is amended to read as fol19 lows: 

20 ‘‘(2) OPERATING EXPENSES.—For the purpose 

21 of this subsection, operating expenditures is defined 

22 as the amount reported in the District of Columbia’s 

23 Comprehensive Annual Financial Repsort for the fis24 cal year immediately preceding the current fiscal 

25 year as the actual operating expenditure from local 
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1 funds, less such amounts that are attributed to debt 

2 service payments for which a separate reserve fund 

3 is already established under this Act.’’. 

4 (3) Paragraph (7) is amended to read as fol5 lows: 

6 ‘‘(7) REPLENISHMENT.—The District of Co7 lumbia shall appropriate sufficient funds each fiscal 

8 year in the budget process to replenish any amounts 

9 allocated from the emergency reserve fund during 

10 the preceding fiscal years so that not less than 50 

11 percent of any amount allocated in the preceding fis12 cal year or the amount necessary to restore the 

13 emergency reserve fund to the 2 percent required 

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

15 of the current fiscal year and 100 percent of the 

16 amount allocated or the amount necessary to restore 

17 the emergency reserve fund to the 2 percent re18 quired balance, whichever is less, is replenished by 

19 the end of the second fiscal year following each such 

20 allocation.’’. 

21 (b) Section 450A(b) of such Act (sec. 1–204.50a(b), 

22 D.C. Official Code) is amended as follows: 

23 (1) Paragraph (1) is amended to read as fol24 lows: 
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1 ‘‘(1) IN GENERAL.—There is established a con2 tingency cash reserve fund (‘‘contingency reserve 

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

4 other accounts in the general fund, into which the 

5 Mayor shall make a deposit in cash each fiscal year 

6 of such amount as may be required to maintain a 

7 balance in the fund of at least 4 percent of the oper8 ating expenditures as defined in paragraph (2) of 

9 this subsection or such amount as may be required 

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

11 replenishing the emergency reserve fund pursuant to 

12 subsection (b)(6).’’. 

13 (2) Paragraph (2) is amended to read as fol14 lows: 

15 ‘‘(2) OPERATING EXPENSES.—For the purpose 

16 of this subsection, operating expenditures is defined 

17 as the amount reported in the District of Columbia’s 

18 Comprehensive Annual Financial Report for the fis19 cal year immediately preceding the current fiscal 

20 year as the actual operating expenditure from local 

21 funds, less such amounts that are attributed to debt 

22 service payments for which a separate reserve fund 

23 is already established under this Act.’’. 

24 (3) Paragraph (6) is amended to read as fol25 lows: 
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1 ‘‘(6) REPLENISHMENT.—The District of Co2 lumbia shall appropriate sufficient funds each fiscal 

3 year in the budget process to replenish any amounts 

4 allocated from the contingency reserve fund during 

5 the preceding fiscal years so that not less than 50 

6 percent of any amount allocated in the preceding fis7 cal year or the amount necessary to restore the con8 tingency reserve fund to the 4 percent required bal9 ance, whichever is less, is replenished by the end of 

10 the current fiscal year and 100 percent of the 

11 amount allocated or the amount necessary to restore 

12 the contingency reserve fund to the 4 percent re13 quired balance, whichever is less, is replenished by 

14 the end of the second fiscal year following each such 

15 allocation.’’. 

16 SEC. 131. For fiscal year 2005, the Chief Financial 

17 Officer shall re-calculate the emergency and contingency 

18 cash reserve funds amount established by section 450A of 

19 the District of Columbia Home Rule Act (D.C. Official 

20 Code, sec. 1–204.50a), as amended by this Act, and is au21 thorized to transfer funds between the emergency and con22 tingency cash reserve funds to reach the required percent23 ages, and may transfer funds from the emergency and 

24 contingency cash reserve funds to the general fund of the 

25 District of Columbia to the extent that such funds are not 
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1 necessary to meet the requirements established for each 

2 fund, except that the Chief Financial Officer may not 

3 transfer funds from the emergency or the contingency re4 serve funds to the extent that such a transfer would lower 

5 the fiscal year 2005 total percentage below 7 percent. 

6 SEC. 132. (a) Section 6 of the Policemen and Fire7 men’s Retirement and Disability Act Amendments of 1957 

8 (sec. 5–732, D.C. Official Code) is amended by striking 

9 the period at the end of the first sentence and inserting 

10 the following: ‘‘, and for the administrative costs associ11 ated with making such benefit payments.’’. 

12 (b) The amendment made by subsection (a) shall 

13 apply with respect to fiscal year 2005 and each succeeding 

14 fiscal year. 

15 SEC. 133. (a) CONTINUING AVAILABILITY OF

16 AMOUNTS IN CHARTER SCHOOL FUND.—Section 

17 2403(b)(1) of the District of Columbia School Reform Act 

18 of 1995 (sec. 38–1804.03(b)(1), D.C. Official Code) is 

19 amended by adding at the end the following new sentence: 

20 ‘‘Amounts in the Charter School Fund shall remain avail21 able until expended, and any amounts in the Fund remain22 ing unobligated or unexpended at the end of a fiscal year 

23 shall not revert to the General Fund of the District of 

24 Columbia.’’. 
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1 (b) AVAILABILITY OF ADDITIONAL LOCAL FUNDS

2 FOR CHARTER SCHOOL FUND.—Section 2403(b)(2)(A) of 

3 such Act (sec. 38–1804.03(b)(2)(A), D.C. Official Code) 

4 is amended by inserting after ‘‘District of Columbia,’’ the 

5 following: ‘‘together with any other local funds that the 

6 Chief Financial Officer of the District of Columbia cer7 tifies are necessary to carry out the purposes of the Fund 

8 during the fiscal year,’’. 

9 (c) EFFECTIVE DATE.—The amendments made by 

10 this section shall apply with respect to fiscal year 2005 

11 and each succeeding fiscal year. 

12 SEC. 134. (a) CONTINUATION OF CERTAIN AUTHOR13 ITY OF CHIEF FINANCIAL OFFICER.—Section 2302 of the 

14 Emergency Wartime Supplemental Appropriations Act, 

15 2003 (Public Law 108–11; 117 Stat. 593), is amended 

16 by striking ‘‘September 30, 2004’’ and inserting ‘‘Sep17 tember 30, 2005’’. 

18 (b) EFFECTIVE DATE.—The amendment made by 

19 subsection (a) shall take effect as if included in the enact20 ment of the Emergency Wartime Supplemental Appropria21 tions Act, 2003. 

22 SEC. 135. (a) Section 106(b) of the District of Co23 lumbia Public Works Act of 1954 (sec. 34–2401.25(b), 

24 D.C. Official Code) is amended by striking paragraph (5). 
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1 (b) Section 212(b) of such Act (sec. 34–2112(b), 

2 D.C. Official Code) is amended by striking paragraph (5). 

3 (c) The amendments made by this section shall apply 

4 with respect to quarters occurring during fiscal year 2005 

5 and each succeeding fiscal year. 

6 SEC. 136. (a) APPROVAL OF BONDS BY JOINT COM7 MITTEE ON JUDICIAL ADMINISTRATION.—Section 11– 

8 1701(b), District of Columbia Official Code, is amended 

9 by striking paragraph (5). 

10 (b) EXECUTIVE OFFICER.— 

11 (1) IN GENERAL.—Section 11–1704, District of 

12 Columbia Official Code, is amended to read as fol13 lows: 

14 ‘‘§ 11–1704. Oath of Executive Officer 

15 ‘‘The Executive Officer shall take an oath or affirma16 tion for the faithful and impartial discharge of the duties 

17 of that office.’’. 

18 (2) CLERICAL AMENDMENT.—The table of sec19 tions for subchapter I of chapter 17 of title 11, Dis20 trict of Columbia Official Code, is amended by 

21 amending the item relating to section 11–1704 to 

22 read as follows: 

‘‘11–1704. Oath of Executive Officer.’’. 

23 (c) FISCAL OFFICER.—Section 11–1723, District of 

24 Columbia Official Code, is amended— 

25 (1) by striking ‘‘(a)(1)’’ and inserting ‘‘(a)’’; 
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1 (2) by striking subsection (b); and 

2 (3) by redesignating paragraphs (2) and (3) of 

3 subsection (a) as subsections (b) and (c). 

4 (d) AUDITOR-MASTER.—Section 11–1724, District of 

5 Columbia Official Code, is amended by striking the second 

6 and third sentences. 

7 (e) REGISTER OF WILLS.— 

8 (1) IN GENERAL.—Section 11–2102, District of 

9 Columbia Official Code, is amended— 

10 (A) in the heading, by striking ‘‘bond;’’; 

11 (B) in subsection (a)(2), by striking ‘‘give 

12 bond,’’ and all that follows through ‘‘seasonably 

13 to record’’ and inserting ‘‘seasonably record’’; 

14 and 

15 (C) by striking the third sentence of sub16 section (a). 

17 (2) CLERICAL AMENDMENT.—The item relating 

18 to section 11–2102 in the table of sections for chap19 ter 21 of title 11, District of Columbia Official Code, 

20 is amended by striking ‘‘bond;’’. 

21 SEC. 137. Section 11–1728, District of Columbia Of22 ficial Code, is amended to read as follows: 
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1 ‘‘§ 11–1728. Recruitment and training of personnel; 

2 travel 

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

4 recruiting such qualified personnel as may be necessary 

5 for the District of Columbia courts and for providing in6 service training for court personnel. 

7 ‘‘(b) Travel under Federal supply schedules is author8 ized for the travel of court personnel on official business. 

9 The Joint Committee shall prescribe such requirements, 

10 conditions, and restrictions for such travel as it considers 

11 appropriate, and shall include policies and procedures for 

12 preventing abuses of that travel authority.’’. 

13 (b) The table of sections for subchapter II of chapter 

14 17 of title 11, District of Columbia Official Code, is 

15 amended by amending the item relating to section 11– 

16 1728 to read as follows: 

‘‘11–1728. Recruitment and training of personnel; travel.’’. 

17 SEC. 138. (a) Notwithstanding any other provision 

18 of this Act, the amount of local funds made available 

19 under this Act for the Office of the Inspector General shall 

20 be the amount provided in the annual estimate of the In21 spector General of the expenditures and appropriations 

22 necessary for the operation of the Office for fiscal year 

23 2005, as prepared by the Inspector General and submitted 

24 to the Mayor of the District of Columbia under section 

25 208(a)(2)(A) of the District of Columbia Procurement 
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1 Practices Act of 1985 (sec. 2–302.08(a)(2)(A), D.C. Offi2 cial Code). 

3 (b) The Chief Financial Officer of the District of Co4 lumbia shall take such steps as are necessary to carry out 

5 this section. 

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

7 Appropriations Act, 2005’’. 

8 That the following sums are appropriated, out of any 

9 money in the Treasury not otherwise appropriated, for the 

10 District of Columbia and related agencies for the fiscal year 

11 ending September 30, 2005, and for other purposes, namely: 

12 TITLE I—FEDERAL FUNDS 

13 FEDERAL PAYMENTFOR RESIDENT TUITION SUPPORT

14 For a Federal payment to the District of Columbia, 

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

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

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

18 available until expended: Provided, That such funds, in19 cluding any interest accrued thereon, may be used on behalf 

20 of eligible District of Columbia residents to pay an amount 

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

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

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

24 higher education: Provided further, That the awarding of 

25 such funds may be prioritized on the basis of a resident’s 
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1 academic merit, the income and need of eligible students 

2 and such other factors as may be authorized: Provided fur3 ther, That the District of Columbia government shall main4 tain a dedicated account for the Resident Tuition Support 

5 Program that shall consist of the Federal funds appro6 priated to the Program in this Act and any subsequent ap7 propriations, any unobligated balances from prior fiscal 

8 years, and any interest earned in this or any fiscal year: 

9 Provided further, That the account shall be under the con10 trol of the District of Columbia Chief Financial Officer who 

11 shall use those funds solely for the purposes of carrying out 

12 the Resident Tuition Support Program: Provided further, 

13 That the Office of the Chief Financial Officer shall provide 

14 a quarterly financial report to the Committees on Appro15 priations of the House of Representatives and Senate for 

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

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

18 than 7 percent of the total amount appropriated for this 

19 program may be used for administrative expenses. 

20 FEDERAL PAYMENTFOR EMERGENCY PLANNING AND

21 SECURITY COSTS IN THE DISTRICT OF COLUMBIA

22 For necessary expenses, as determined by the Mayor 

23 of the District of Columbia in written consultation with the 

24 elected county or city officials of surrounding jurisdictions, 

25 $15,000,000, to remain available until expended, to reim-
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1 burse the District of Columbia for the costs of providing 

2 public safety at events related to the presence of the national 

3 capital in the District of Columbia and for the costs of pro4 viding support to respond to immediate and specific ter5 rorist threats or attacks in the District of Columbia or sur6 rounding jurisdictions: Provided, That any amount pro7 vided under this heading shall be available only after notice 

8 of its proposed use has been transmitted by the President 

9 to Congress and such amount has been apportioned pursu10 ant to chapter 15 of title 31, United States Code. 

11 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

12 COURTS

13 For salaries and expenses for the District of Columbia 

14 Courts, $195,010,000, to be allocated as follows: for the Dis15 trict of Columbia Court of Appeals, $8,952,000, of which 

16 not to exceed $1,500 is for official reception and representa17 tion expenses; for the District of Columbia Superior Court, 

18 $84,948,000, of which not to exceed $1,500 is for official 

19 reception and representation expenses; for the District of 

20 Columbia Court System, $40,699,000, of which not to ex21 ceed $1,500 is for official reception and representation ex22 penses; and $60,411,000, to remain available until Sep23 tember 30, 2005, for capital improvements for District of 

24 Columbia courthouse facilities: Provided, That funds made 

25 available for capital improvements shall be expended con-
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1 sistent with the General Services Administration master 

2 plan study and building evaluation report: Provided fur3 ther, That notwithstanding any other provision of law, a 

4 single contract or related contracts for development and 

5 construction of facilities may be employed which collectively 

6 include the full scope of the project: Provided further, That 

7 the solicitation and contract shall contain the clause ‘‘avail8 ability of funds’’ found at 48 CFR 52.232–18: Provided fur9 ther, That notwithstanding any other provision of law, all 

10 amounts under this heading shall be apportioned quarterly 

11 by the Office of Management and Budget and obligated and 

12 expended in the same manner as funds appropriated for 

13 salaries and expenses of other Federal agencies, with payroll 

14 and financial services to be provided on a contractual basis 

15 with the General Services Administration (GSA), said serv16 ices to include the preparation of monthly financial reports, 

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

18 President and to the Committees on Appropriations of the 

19 House of Representatives and Senate, the Committee on 

20 Government Reform of the House of Representatives, and 

21 the Committee on Governmental Affairs of the Senate: Pro22 vided further, That 30 days after providing written notice 

23 to the Committees on Appropriations of the House of Rep24 resentatives and Senate, the District of Columbia Courts 

25 may reallocate not more than $1,000,000 of the funds pro-
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1 vided under this heading among the items and entities 

2 funded under such heading for operations, and not more 

3 than 4 percent of the funds provided under this heading 

4 for facilities. 

5 DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS

6 For payments authorized under section 11–2604 and 

7 section 11–2605, D.C. Official Code (relating to representa8 tion provided under the District of Columbia Criminal Jus9 tice Act), payments for counsel appointed in proceedings 

10 in the Family Court of the Superior Court of the District 

11 of Columbia under chapter 23 of title 16, D.C. Official 

12 Code, or pursuant to contractual agreements to provide 

13 guardian ad litem representation, training, technical as14 sistance and/or such other services as are necessary to im15 prove the quality of guardian ad litem representation, pay16 ments for counsel appointed in adoption proceedings under 

17 chapter 3 of title 16, D.C. Code, and payments for counsel 

18 authorized under section 21–2060, D.C. Official Code (relat19 ing to representation provided under the District of Colum20 bia Guardianship, Protective Proceedings, and Durable 

21 Power of Attorney Act of 1986), $34,500,000, to remain 

22 available until expended: Provided, That the funds provided 

23 in this Act under the heading ‘‘Federal Payment to the Dis24 trict of Columbia Courts’’ (other than the $53,011,000 pro25 vided under such heading for capital improvements for Dis-
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1 trict of Columbia courthouse facilities) may also be used 

2 for payments under this heading: Provided further, That 

3 in addition to the funds provided under this heading, the 

4 Joint Committee on Judicial Administration in the Dis5 trict of Columbia shall use funds provided in this Act under 

6 the heading ‘‘Federal Payment to the District of Columbia 

7 Courts’’ (other than the $53,011,000 provided under such 

8 heading for capital improvements for District of Columbia 

9 courthouse facilities), to make payments described under 

10 this heading for obligations incurred during any fiscal 

11 year: Provided further, That funds provided under this 

12 heading shall be administered by the Joint Committee on 

13 Judicial Administration in the District of Columbia: Pro14 vided further, That notwithstanding any other provision of 

15 law, this appropriation shall be apportioned quarterly by 

16 the Office of Management and Budget and obligated and 

17 expended in the same manner as funds appropriated for 

18 expenses of other Federal agencies, with payroll and finan19 cial services to be provided on a contractual basis with the 

20 General Services Administration (GSA), said services to in21 clude the preparation of monthly financial reports, copies 

22 of which shall be submitted directly by GSA to the President 

23 and to the Committees on Appropriations of the House of 

24 Representatives and Senate, the Committee on Government 
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1 Reform of the House of Representatives, and the Committee 

2 on Governmental Affairs of the Senate. 

3 FEDERAL PAYMENT TO THE COURT SERVICES AND OF4 FENDER SUPERVISION AGENCY FOR THE DISTRICT OF

5 COLUMBIA

6 (INCLUDING TRANSFER OF FUNDS)

7 For salaries and expenses, including the transfer and 

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

9 Supervision Agency for the District of Columbia and the 

10 Public Defender Service for the District of Columbia, as au11 thorized by the National Capital Revitalization and Self12 Government Improvement Act of 1997, $182,490,000, of 

13 which not to exceed $2,000 is for official reception and rep14 resentation expenses related to Community Supervision and 

15 Pretrial Services Agency programs; of which not to exceed 

16 $25,000 is for dues and assessments relating to the imple17 mentation of the Court Services and Offender Supervision 

18 Agency Interstate Supervision Act of 2002; of which 

19 $113,343,000 shall be for necessary expenses of Community 

20 Supervision and Sex Offender Registration, to include ex21 penses relating to the supervision of adults subject to protec22 tion orders or the provision of services for or related to such 

23 persons; of which $39,314,000 shall be available to the Pre24 trial Services Agency; and of which $29,833,000 shall be 

25 transferred to the Public Defender Service for the District 
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1 of Columbia: Provided, That $1,100,000 shall be to lower 

2 supervision caseload ratios to 25:1 for special population 

3 offenders: Provided further, That $200,000 shall be to ex4 pand monitoring of offenders using global position system 

5 technology: Provided further, That notwithstanding any 

6 other provision of law, all amounts under this heading shall 

7 be apportioned quarterly by the Office of Management and 

8 Budget and obligated and expended in the same manner 

9 as funds appropriated for salaries and expenses of other 

10 Federal agencies: Provided further, That notwithstanding 

11 chapter 12 of title 40, United States Code, the Director may 

12 acquire by purchase, lease, condemnation, or donation, and 

13 renovate as necessary, Building Number 17, 1900 Massa14 chusetts Avenue, Southeast, Washington, District of Colum15 bia to house or supervise offenders and defendants, with 

16 funds made available for this purpose in Public Law 107– 

17 96: Provided further, That the Director is authorized to ac18 cept and use gifts in the form of in-kind contributions of 

19 space and hospitality to support offender and defendant 

20 programs, and equipment and vocational training services 

21 to educate and train offenders and defendants: Provided 

22 further, That the Director shall keep accurate and detailed 

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

24 under the previous proviso, and shall make such records 

25 available for audit and public inspection: Provided further, 
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1 That the Court Services and Offender Supervision Agency 

2 Director is authorized to accept and use reimbursement 

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

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

5 Public Defender Service is authorized to charge fees to cover 

6 cost of materials distributed to attendees of educational 

7 events, including conferences, sponsored by the Public De8 fender Service, and notwithstanding 31 U.S.C. 3302, said 

9 fees shall be credited to the Public Defender Service account 

10 to be available for use without further appropriation. 

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, That 

17 the District of Columbia Water and Sewer Authority pro18 vides a 100 percent match for this payment. 

19 FEDERAL PAYMENTFOR 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 PAYMENTFOR THE UNIFIED COMMUNICATIONS

11 CENTER

12 For a Federal payment to the District of Columbia, 

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

14 the Unified Communications Center. 

15 FEDERAL PAYMENTFOR 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 be 

20 to offset a portion of the District of Columbia’s allocated 

21 operating subsidy payment to the Washington Metropolitan 

22 Area Transit Authority. 
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1 FEDERAL PAYMENTFOR FOSTER CARE IMPROVEMENTS IN

2 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 for 

6 the Child and Family Services Agency, of which $2,000,000 

7 shall be for the early intervention program to provide inten8 sive and immediate services for foster children; of which 

9 $750,000 shall be for the emergency support fund to pur10 chase services or technology necessary to allow children to 

11 remain in the care of an approved and licensed family 

12 member; of which $500,000 shall be for technology upgrades: 

13 Provided further, That $1,250,000 shall be for the Depart14 ment of Mental Health to provide all court-ordered or agen15 cy-required mental health screenings, assessments and treat16 ments for children under the supervision of the Child and 

17 Family Services Agency: Provided further, That $500,000 

18 shall be for the Washington Metropolitan Council of Govern19 ments, to continue a program in conjunction with the Fos20 ter and Adoptive Parents Advocacy Center, to provide res21 pite care for and recruitment of foster parents: Provided 

22 further, That these Federal funds shall supplement and not 

23 supplant local funds for the purposes described under this 

24 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 projects 

6 and in the amounts specified in the statement of the man7 agers on the conference report accompanying this Act: Pro8 vided further, That each entity that receives funding under 

9 this heading shall submit to the Office of the Chief Finan10 cial Officer of the District of Columbia and the Committees 

11 on Appropriations of the House of Representatives and Sen12 ate a report on the activities to be carried out with such 

13 funds no later than March 15, 2005. 

14 FEDERAL PAYMENTFOR SCHOOL IMPROVEMENT

15 For a Federal payment for a School Improvement Pro16 gram in the District of Columbia, $40,000,000, to be allo17 cated as follows: for the District of Columbia Public Schools, 

18 $13,000,000 to improve public school education in the Dis19 trict of Columbia, $13,000,000 to expand quality public 

20 charter schools in the District of Columbia; for the Sec21 retary of the Department of Education, $14,000,000 to pro22 vide opportunity scholarships for students in the District 

23 of Columbia in accordance with Public Law 108–199, of 

24 which up to $1,000,000 may be used to administer and fund 

25 assessments: Provided, That of the $13,000,000 for the Dis-
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1 trict of Columbia Public Schools, $5,000,000 shall be for 

2 a new incentive fund to reward high performing or signifi3 cantly improved public schools; $5,000,000 shall be to sup4 port the Transformation School Initiative directed to 

5 schools in need of improvement: Provided further, That of 

6 the remaining amounts, the Superintendent of the District 

7 of Columbia Public Schools shall use such sums as necessary 

8 to contract for management consulting services and imple9 ment recommended reforms: Provided further, That the 

10 Comptroller General shall conduct a financial audit of the 

11 District of Columbia Public Schools: Provided further, That 

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

13 the District of Columbia, $4,000,000 shall be for the City 

14 Build Initiative to create neighborhood-based charter 

15 schools; $2,750,000 shall be for the Direct Loan Fund for 

16 Charter Schools; $150,000 shall be for administrative ex17 penses of the Office of Charter School Financing and Sup18 port to expand outreach and support of charter schools; 

19 $100,000 shall be for the D.C. Public Charter School Asso20 ciation to enhance the quality of charter schools; $4,000,000 

21 shall be for the development of an incubator facility for pub22 lic charter schools; and $2,000,000 shall be for a new incen23 tive fund to reward high performing or significantly im24 proved public charter schools: Provided further, That the 

25 District of Columbia government shall establish a dedicated 
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1 account for the Office of Charter School Financing and 

2 Support (the Office) that shall consist of the Federal funds 

3 appropriated in this Act, any subsequent appropriations, 

4 any unobligated balances from prior fiscal years, any addi5 tional grants, and any interest and principal derived from 

6 loans made to Charter Schools, and repayment of dollars 

7 utilized to support credit enhancement earned in this or 

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

9 be under the control of the District of Columbia Chief Fi10 nancial Officer who shall use those funds solely for the pur11 poses of carrying out the Credit Enhancement Program, Di12 rect Loan Fund Grant Program, and any other charter 

13 school financing under the management of the Office: Pro14 vided further, That in this and subsequent fiscal years the 

15 Office of the Chief Financial Officer shall conduct an an16 nual audit of the funds expended by the Office and provide 

17 an annual financial report to the Mayor, the Council of 

18 the District of Columbia, the Office of the District of Colum19 bia Treasurer and the Committees on Appropriations of the 

20 House of Representatives and Senate for these funds show21 ing, by object class, the expenditures made and the purpose 

22 therefor: Provided further, That not more than $1,000,000 

23 of the total amount appropriated for this program may be 

24 used for administrative expenses and training expenses re25 lated to the cost of the National Charter School Con-
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1 ference(s) to be hosted by December 2006; and no more than 

2 5 percent of the funds appropriated for the direct loan fund 

3 may be used for administrative expenses related to the ad4 ministration and annual audit of the direct loan, grant, 

5 and credit enhancement programs. 

6 FEDERAL PAYMENTFOR BIOTERRORISM AND FORENSICS

7 LABORATORY

8 For a Federal payment to the District of Columbia, 

9 $8,000,000, to remain available until September 30, 2006, 

10 for design, planning, and procurement costs associated with 

11 the construction of a bioterrorism and forensics laboratory: 

12 Provided, That the District of Columbia shall provide an 

13 additional $2,300,000 with local funds as a condition of 

14 receiving this payment. 

15 TITLE II—DISTRICT OF COLUMBIA FUNDS 

16 OPERATING EXPENSES 

17 DIVISION OF EXPENSES

18 The following amounts are appropriated for the Dis19 trict of Columbia for the current fiscal year out of the gen20 eral fund of the District of Columbia, except as otherwise 

21 specifically provided: Provided, That notwithstanding any 

22 other provision of law, except as provided in section 450A 

23 of the District of Columbia Home Rule Act (D.C. Official 

24 Code, sec. 1–204.50a) and the provisions of this Act, the 

25 total amount appropriated in this Act for operating ex-
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1 penses for the District of Columbia for fiscal year 2005 

2 under this heading shall not exceed the lesser of the sum 

3 of the total revenues of the District of Columbia for such 

4 fiscal year or $7,206,164,000 (of which $4,215,088,000 shall 

5 be from local funds, $1,762,046,000 shall be from Federal 

6 funds, $1,214,843,000 shall be from other funds, and 

7 $14,817,000 shall be from private funds), and an intra-dis8 trict amount of $435,054,000, in addition, $186,900,000 

9 from funds previously appropriated in this Act as Federal 

10 payments: Provided further, That this amount may be in11 creased by proceeds of one-time transactions, which are ex12 pended for emergency or unanticipated operating or capital 

13 needs: Provided further, That such increases shall be ap14 proved by enactment of local District law and shall comply 

15 with all reserve requirements contained in the District of 

16 Columbia Home Rule Act as amended by this Act: Provided 

17 further, That the Chief Financial Officer of the District of 

18 Columbia shall take such steps as are necessary to assure 

19 that the District of Columbia meets these requirements, in20 cluding the apportioning by the Chief Financial Officer of 

21 the appropriations and funds made available to the District 

22 during fiscal year 2005, except that the Chief Financial Of23 ficer may not reprogram for operating expenses any funds 

24 derived from bonds, notes, or other obligations issued for 

25 capital projects. 
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1 GOVERNMENTAL DIRECTION AND SUPPORT

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

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

4 from Federal funds, and $54,745,000 from other funds), in 

5 addition, $32,500,000 from funds previously appropriated 

6 in this Act under the heading ‘‘Federal Payment to the Of7 fice of the Chief Financial Officer of the District of Colum8 bia’’, $15,000,000 from funds previously appropriated in 

9 this Act under the heading ‘‘Federal Payment for Emer10 gency Planning and Security Costs in the District of Co11 lumbia’’, and $5,000,000 from funds previously appro12 priated in this Act under the heading ‘‘Federal Payment 

13 for Foster Care Improvements in the District of Columbia’’: 

14 Provided, That not to exceed $9,300 for the Mayor, $9,300 

15 for the Chairman of the Council of the District of Columbia, 

16 $9,300 for the City Administrator, and $9,300 for the Office 

17 of the Chief Financial Officer shall be available from this 

18 appropriation for official reception and representation ex19 penses: Provided further, That any program fees collected 

20 from the issuance of debt shall be available for the payment 

21 of expenses of the debt management program of the District 

22 of Columbia: Provided further, That no revenues from Fed23 eral sources shall be used to support the operations or ac24 tivities of the Statehood Commission and Statehood Com25 pact Commission: Provided further, That the District of Co-
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1 lumbia shall identify the sources of funding for Admission 

2 to Statehood from its own locally generated revenues: Pro3 vided further, That notwithstanding any other provision of 

4 law, or Mayor’s Order 86–45, issued March 18, 1986, the 

5 Office of the Chief Technology Officer’s delegated small pur6 chase authority shall be $500,000: Provided further, That 

7 the District of Columbia government may not require the 

8 Office of the Chief Technology Officer to submit to any other 

9 procurement review process, or to obtain the approval of 

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

11 of the District of Columbia government, for purchases that 

12 do not exceed $500,000. 

13 ECONOMIC DEVELOPMENTAND REGULATION

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

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

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

17 $125,000 from private funds), of which $13,000,000 col18 lected by the District of Columbia in the form of BID tax 

19 revenue shall be paid to the respective BIDs pursuant to 

20 the Business Improvement Districts Act of 1996 (D.C. Law 

21 11–134; D.C. Official Code, sec. 2–1215.01 et seq.), and the 

22 Business Improvement Districts Amendment Act of 1997 

23 (D.C. Law 12–26; D.C. Official Code, sec. 2–1215.15 et 

24 seq.): Provided, That such funds are available for acquiring 

25 services provided by the General Services Administration: 
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1 Provided further, That Business Improvement Districts 

2 shall be exempt from taxes levied by the District of Colum3 bia: Provided further, That local funds in the amount of 

4 $1,200,000 shall be appropriated for the Excel Institute. 

5 PUBLIC SAFETY AND JUSTICE

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

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

8 funds, $29,966,000 from other funds, and $9,000 from pri9 vate funds), in addition, $1,300,000 from funds previously 

10 appropriated in this Act under the heading ‘‘Federal Pay11 ment to the Criminal Justice Coordinating Council’’: Pro12 vided, That not to exceed $500,000 shall be available from 

13 this appropriation for the Chief of Police for the prevention 

14 and detection of crime: Provided further, That the Mayor 

15 shall reimburse the District of Columbia National Guard 

16 for expenses incurred in connection with services that are 

17 performed in emergencies by the National Guard in a mili18 tia status and are requested by the Mayor, in amounts that 

19 shall be jointly determined and certified as due and payable 

20 for these services by the Mayor and the Commanding Gen21 eral of the District of Columbia National Guard: Provided 

22 further, That such sums as may be necessary for reimburse23 ment to the District of Columbia National Guard under the 

24 preceding proviso shall be available from this appropria25 tion, and the availability of the sums shall be deemed as 
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1 constituting payment in advance for emergency services in2 volved. 

3 PUBLIC EDUCATION SYSTEM

4 (INCLUDING TRANSFERS OF FUNDS)

5 Public education system, including the development of 

6 national defense education programs, $1,266,424,000 (in7 cluding $1,058,709,000 from local funds, $194,979,000 from 

8 Federal funds, $8,957,000 from other funds, $3,780,000 

9 from private funds to be allocated as follows: 

10 (1) DISTRICT OF COLUMBIA PUBLIC SCHOOLS.— 

11 $901,944,000 (including $760,494,000 from local 

12 funds, $130,450,000 from Federal funds, $7,330,000 

13 from other funds, $3,670,000 from private funds, and 

14 not to exceed $6,816,000, to remain available until 

15 expended, from the Medicaid and Special Education 

16 Reform Fund established pursuant to the Medicaid 

17 and Special Education Reform Fund Establishment 

18 Act of 2002 (D.C. Law 14–190; D.C. Official Code 4– 

19 204.51 et seq.)), and $14,000,000 from funds pre20 viously appropriated in this Act under the heading 

21 ‘‘Federal Payment for School Improvement in the 

22 District of Columbia’’ shall be available for District 

23 of Columbia Public Schools: Provided, That notwith24 standing any other provision of law, rule, or regula25 tion, the evaluation process and instruments for eval-
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1 uating District of Columbia Public School employees 

2 shall be a non-negotiable item for collective bar3 gaining purposes: Provided further, That this appro4 priation shall not be available to subsidize the edu5 cation of any nonresident of the District of Columbia 

6 at any District of Columbia public elementary or sec7 ondary school during fiscal year 2005 unless the non8 resident pays tuition to the District of Columbia at 

9 a rate that covers 100 percent of the costs incurred by 

10 the District of Columbia that are attributable to the 

11 education of the nonresident (as established by the 

12 Superintendent of the District of Columbia Public 

13 Schools): Provided further, That notwithstanding the 

14 amounts otherwise provided under this heading or 

15 any other provision of law, there shall be appro16 priated to the District of Columbia Public Schools on 

17 July 1, 2005, an amount equal to 10 percent of the 

18 total amount of the local funds provided for the Dis19 trict of Columbia Public Schools in the proposed 

20 budget of the District of Columbia for fiscal year 2005 

21 (as submitted to Congress), and the amount of such 

22 payment shall be chargeable against the final amount 

23 provided for the District of Columbia Public Schools 

24 under the District of Columbia Appropriations Act, 

25 2005: Provided further, That not to exceed $9,300 for 
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1 the Superintendent of Schools shall be available from 

2 this appropriation for official reception and represen3 tation expenses. 

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

5 from local funds shall be available for the Teachers’ 

6 Retirement Fund. 

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

8 (including $10,015,000 from local funds, $62,914,000 

9 from Federal funds, and $176,000 from other funds), 

10 in addition, $26,500,000 from funds previously ap11 propriated in this Act under the heading ‘‘Federal 

12 Payment for Resident Tuition Support’’ and 

13 $14,000,000 from funds previously appropriated in 

14 this Act under the heading ‘‘Federal Payment for 

15 School Improvement in the District of Columbia’’ 

16 shall be available for the State Education Office: Pro17 vided, That of the amounts provided to the State 

18 Education Office, $500,000 from local funds shall re19 main available until June 30, 2006 for an audit of 

20 the student enrollment of each District of Columbia 

21 Public School and of each District of Columbia public 

22 charter school. 

23 (4) DISTRICT OF COLUMBIA PUBLIC CHARTER

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

25 available for District of Columbia public charter 
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1 schools: Provided, That there shall be quarterly dis2 bursement of funds to the District of Columbia public 

3 charter schools, with the first payment to occur with4 in 15 days of the beginning of the fiscal year: Pro5 vided further, That if the entirety of this allocation 

6 has not been provided as payments to any public 

7 charter schools currently in operation through the per 

8 pupil funding formula, the funds shall remain avail9 able as follows: (A) the first $3,000,000 shall be depos10 ited in the Credit Enhancement Revolving Fund es11 tablished pursuant to section 603(e) of the Student 

12 Loan Marketing Association Reorganization Act of 

13 1996 (Public Law 104–208; 110 Stat. 3009; 20 

14 U.S.C. 1155(e)); and (B) the balance shall be for pub15 lic education in accordance with section 2403(b)(2) of 

16 the District of Columbia School Reform Act of 1995 

17 (D.C. Official Code, sec. 38–1804.03(b)(2)): Provided 

18 further, That of the amounts made available to Dis19 trict of Columbia public charter schools, $25,000 shall 

20 be made available to the Office of the Chief Financial 

21 Officer as authorized by section 2403(b)(6) of the Dis22 trict of Columbia School Reform Act of 1995 (D.C. 

23 Official Code, sec. 38–1804.03(b)(6)): Provided fur24 ther, That $660,000 of this amount shall be available 

25 to the District of Columbia Public Charter School 
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1 Board for administrative costs: Provided further, 

2 That notwithstanding the amounts otherwise provided 

3 under this heading or any other provision of law, 

4 there shall be appropriated to the District of Colum5 bia public charter schools on July 1, 2005, an amount 

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

7 funds appropriations request provided for payments 

8 to public charter schools in the proposed budget of the 

9 District of Columbia for fiscal year 2005 (as sub10 mitted to Congress), and the amount of such payment 

11 shall be chargeable against the final amount provided 

12 for such payments under the District of Columbia Ap13 propriations Act, 2005: Provided further, That not14 withstanding any other provision of law, of the funds 

15 appropriated herein for the District of Columbia Pub16 lic Charter Schools, the Chief Financial Officer of the 

17 District of Columbia, in coordination with the Dis18 trict of Columbia Chartering Authorities for the Dis19 trict of Columbia Public Charter Schools, shall estab20 lish requirements, policies and procedures for the per21 formance of a single financial audit, to be performed 

22 by one auditing firm selected by the Chief Financial 

23 Officer of the District of Columbia: Provided further, 

24 That beginning in fiscal year 2005, the District of 

25 Columbia Chartering Authorities for the District of 
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1 Columbia Public Charter Schools shall implement 

2 and follow these requirements (including, but not lim3 ited to, the terms and conditions), policies and proce4 dures to ensure the completion of the annual financial 

5 single audit of all District of Columbia Public Char6 ter Schools conducted in accordance herewith. 

7 (5) UNIVERSITY OF THE DISTRICT OF COLUMBIA

8 SUBSIDY.—$49,602,000 from local funds shall be 

9 available for the University of the District of Colum10 bia: Provided, That this appropriation shall not be 

11 available to subsidize the education of nonresidents of 

12 the District of Columbia at the University of the Dis13 trict of Columbia, unless the Board of Trustees of the 

14 University of the District of Columbia adopts, for the 

15 fiscal year ending September 30, 2005, a tuition rate 

16 schedule that will establish the tuition rate for non17 resident students at a level no lower than the non18 resident tuition rate charged at comparable public in19 stitutions of higher education in the metropolitan 

20 area: 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 University of the District of Columbia 

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

25 the total amount of the local funds appropriations re-
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1 quest provided for the University of the District of 

2 Columbia in the proposed budget of the District of Co3 lumbia for fiscal year 2005 (as submitted to Con4 gress), and the amount of such payment shall be 

5 chargeable against the final amount provided for the 

6 University of the District of Columbia under the Dis7 trict of Columbia Appropriations Act, 2005: Provided 

8 further, That not to exceed $9,300 for the President 

9 of the University of the District of Columbia shall be 

10 available from this appropriation for official recep11 tion and representation expenses. 

12 (6) DISTRICT OF COLUMBIA PUBLIC LIBRAR13 IES.—$30,831,000 (including $28,978,000 from local 

14 funds, $1,093,000 from Federal funds, and $651,000 

15 from other funds) shall be available for the District of 

16 Columbia Public Libraries: Provided, That not to ex17 ceed $7,500 for the Public Librarian shall be avail18 able from this appropriation for official reception and 

19 representation expenses. 

20 (7) COMMISSION ON THE ARTS AND HUMAN21 ITIES.—$4,941,000 (including $3,618,000 from local 

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

23 from other funds) shall be available for the Commis24 sion on the Arts and Humanities. 
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1 HUMAN SUPPORT SERVICES

2 (INCLUDING TRANSFER OF FUNDS)

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

4 $1,165,314,000 from local funds, $1,331,670,000 from Fed5 eral funds, $27,441,000 from other funds, $9,400,000 from 

6 private funds, in addition, $5,000,000 from funds pre7 viously appropriated in this Act under the heading ‘‘Fed8 eral Payment to Foster Care Improvements in the District 

9 of Columbia’’: Provided, That $29,600,000 of this appro10 priation, to remain available until expended, shall be avail11 able solely for District of Columbia employees’ disability 

12 compensation: Provided further, That no less than 

13 $8,498,720, to remain available until expended, shall be de14 posited in the Addiction Recovery Fund, established pursu15 ant to section 5 of the Choice in Drug Treatment Act of 

16 2000 (D.C. Law 13–146; D.C. Official Code, sec. 7–3004) 

17 and used exclusively for the purpose of the Choice in Drug 

18 Treatment program, established pursuant to section 4 of the 

19 Choice in Drug Treatment Act of 2000 (D.C. Law 13–146; 

20 D.C. Official Code, sec. 7–3003), of which $7,500,000 shall 

21 be provided from local funds: Provided further, That none 

22 of the $8,498,720 for the Choice in Drug Treatment pro23 gram shall be used by the Department of Health’s Addiction 

24 Prevention and Recovery Administration to provide youth 

25 residential treatment services or youth outpatient treatment 
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1 services: Provided further, That no less than $2,000,000 

2 shall be available to the Department of Health’s Addiction 

3 Prevention and Recovery Administration exclusively for the 

4 purpose of providing youth residential treatment services: 

5 Provided further, That no less than $1,575,416 shall be 

6 available to the Department of Health’s Addiction Preven7 tion and Recovery Administration exclusively for the pur8 pose of providing youth outpatient treatment services, of 

9 which $750,000 shall be made available exclusively to pro10 vide intensive outpatient treatment slots, outpatient treat11 ment slots, and other program costs for youth in the care 

12 of the Youth Services Administration: Provided further, 

13 That no less than $1,400,000 shall be used by the Depart14 ment of Health’s Addiction Prevention and Recovery Ad15 ministration to fund a Child and Family Services Agency 

16 pilot project entitled Family Treatment Court: Provided 

17 further, That $1,200,000 of local funds, to remain available 

18 until expended, shall be deposited in the Adoption Voucher 

19 Fund, established pursuant to section 3805(a) of the Adop20 tion Voucher Fund Act of 2000, effective October 19, 2000 

21 (D.C. Law 13–172; D.C. Official Code, sec. 4–344(a)), to 

22 be used exclusively for the purposes set forth in section 

23 3805(b) of the Adoption Voucher Fund Act (D.C. Official 

24 Code, sec. 4–344(b)): Provided further, That no less than 

25 $300,000 shall be used by the Department of Health’s Envi-
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1 ronmental Health Administration to operate the Total Max2 imum Daily Load program: Provided further, That no less 

3 than $1,268,500 shall be used by the Department of Health’s 

4 Environmental Health Administration to operate its air 

5 quality programs, of which no less than $242,000 shall be 

6 used to fund 4 full-time air quality employees: Provided 

7 further, That the Department of Human Services, Youth 

8 Services Administration shall not expend any appropriated 

9 fiscal year 2005 funds until the Mayor has submitted to 

10 the Council by September 30, 2004 a plan, including time 

11 lines, to close the Oak Hill Youth Center at the earliest fea12 sible date. All of the above proviso amounts in this heading 

13 relate back to and are a subset of the first-referenced appro14 priation amount of $2,533,825,000. 

15 PUBLIC WORKS

16 Public works, including rental of one passenger-car17 rying vehicle for use by the Mayor and three passenger-car18 rying vehicles for use by the Council of the District of Co19 lumbia and leasing of passenger-carrying vehicles, 

20 $331,936,000 (including $312,035,000 from local funds, 

21 $4,000,000 from Federal funds, and $15,901,000 from other 

22 funds), in addition, $5,000,000 from funds previously ap23 propriated in this Act under the heading ‘‘Federal Payment 

24 for Transportation Assistance’’: Provided, That this appro-
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1 priation shall not be available for collecting ashes or mis2 cellaneous refuse from hotels and places of business. 

3 CASH RESERVE

4 For the cumulative cash reserve established pursuant 

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

6 Responsibility and Management Assistance Act of 1995 

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

8 local funds. 

9 EMERGENCY AND CONTINGENCY RESERVE FUNDS

10 For the emergency reserve fund and the contingency 

11 reserve fund under section 450A of the District of Columbia 

12 Home Rule Act (D.C. Official Code, sec. 1–204.50a), such 

13 additional amounts from the District’s general fund balance 

14 as are necessary to meet the balance requirements for funds 

15 under section 450A. 

16 REPAYMENTOF LOANS AND INTEREST

17 For payment of principal, interest, and certain fees 

18 directly resulting from borrowing by the District of Colum19 bia to fund District of Columbia capital projects as author20 ized by sections 462, 475, and 490 of the District of Colum21 bia Home Rule Act (D.C. Official Code, secs. 1–204.62, 1– 

22 204.75, and 1–204.90), $347,700,000 from local funds. 

23 PAYMENTOF INTEREST ON SHORT-TERM BORROWING

24 For payment of interest on short-term borrowing, 

25 $4,000,000 from local funds. 
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1 CERTIFICATES OF PARTICIPATION

2 For principal and interest payments on the District’s 

3 Certificates of Participation, issued to finance the ground 

4 lease underlying the building located at One Judiciary 

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

6 SETTLEMENTS AND JUDGMENTS

7 For making refunds and for the payment of legal set8 tlements or judgments that have been entered against the 

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

10 funds: Provided, That this appropriation shall not be con11 strued as modifying or affecting the provisions of section 

12 103 of this Act. 

13 WILSON BUILDING

14 For expenses associated with the John A. Wilson build15 ing, $3,633,000 from local funds. 

16 WORKFORCE INVESTMENTS

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

18 funds, to be transferred by the Mayor of the District of Co19 lumbia within the various appropriation headings in this 

20 Act for which employees are properly payable: Provided, 

21 That of this amount $3,548,000 shall remain available 

22 until expended to meet the requirements of the Compensa23 tion Agreement Between the District of Columbia Govern24 ment Units 1 and 2 Approval Resolution of 2004, effective 

25 February 17, 2004 (Res. 15–459; 51 DCR 2325). 
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1 NON-DEPARTMENTAL AGENCY

2 To account for anticipated costs that cannot be allo3 cated to specific agencies during the development of the pro4 posed budget, $13,946,000 (including $4,000,000 from local 

5 funds and $9,946,000 from other funds) to be transferred 

6 by the Mayor of the District of Columbia within the various 

7 appropriations headings in this Act: Provided, That 

8 $4,000,000 from local funds shall be for anticipated costs 

9 associated with the No Child Left Behind Act. 

10 PAY-AS-YOU-GO CAPITAL

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

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

13 the Capital Fund, subject to the Criteria for Spending Pay14 as-You-Go Funding Amendment Act of 2003 (D.C. Act 15– 

15 106): Provided, That pursuant to this Act, there are author16 ized to be transferred from Pay-As-You-Go Capital funds 

17 to other headings of this Act, such sums as may be necessary 

18 to carry out the purposes of this Act. 

19 EMERGENCY PLANNING AND SECURITY FUND

20 For Emergency Planning and Security Fund, 

21 $15,000,000 from funds previously appropriated in this Act 

22 under the heading ‘‘Federal Payment for Planning and Se23 curity Costs in the District of Columbia’’. 
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1 OLD CONVENTION CENTER DEMOLITION RESERVE

2 For the Old Convention Center Demolition Reserve, 

3 such amounts as may be necessary, not to exceed 

4 $11,000,000, from the District’s general fund balance. 

5 TAX INCREMENT FINANCING PROGRAM

6 For a Tax Increment Financing Program, such 

7 amounts as are necessary to meet the Tax Increment Fi8 nancing requirements, not to exceed $9,710,000 from the 

9 District’s general fund balance. 

10 PAY-AS-YOU-GO CONTINGENCY

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

12 subject to the Criteria for Spending Pay-as-You-Go Fund13 ing Act of 2004, approved by the Council of the District 

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

15 15–768), there are authorized to be transferred from the con16 tingency fund to certain other headings of this Act as nec17 essary to carry out the purposes of this Act. Expenditures 

18 from the Pay-As-You-Go Contingency Fund shall be subject 

19 to the approval of the Council by resolution. 

20 REVISED REVENUE ESTIMATE CONTINGENCY PRIORITY

21 If the Chief Financial Officer for the District of Co22 lumbia certifies through a revised revenue estimate that 

23 funds are available from local funds, such available funds 

24 shall be expended as provided in the Contingency for Rec25 ordation and Transfer Tax Reduction and the Office of 
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1 Property Management and Library Expenditures Act of 

2 2004, approved by the Council of the District of Columbia 

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

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

5 $1,200,000 to the District of Columbia Public Library, up 

6 to $256,000 to the D.C. Police and Firefighters Retirement 

7 and Relief Board, and $132,600 for the Police and Fire 

8 Clinic. 

9 ENTERPRISE AND OTHER FUNDS 

10 WATER AND SEWER AUTHORITY

11 For operation of the Water and Sewer Authority, 

12 $287,206,000 from other funds, of which $15,180,402 shall 

13 be apportioned for repayment of loans and interest incurred 

14 for capital improvement projects and payable to the Dis15 trict’s debt service fund. 

16 For construction projects, $371,040,000, to be distrib17 uted as follows: $181,656,000 for the Blue Plains Waste18 water Treatment Plant, $43,800,000 for the sewer program, 

19 $9,118,000 for the stormwater program, $122,627,000 for 

20 the water program, and $13,839,000 for the capital equip21 ment program; in addition, $10,000,000 from funds pre22 viously appropriated in this Act under the heading ‘‘Fed23 eral Payment to the District of Columbia Water and Sewer 

24 Authority’’: Provided, That the requirements and restric25 tions that are applicable to general fund capital improve-
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1 ment projects and set forth in this Act under the Capital 

2 Outlay appropriation account shall apply to projects ap3 proved under this appropriation account. 

4 WASHINGTON AQUEDUCT

5 For operation of the Washington Aqueduct, 

6 $47,972,000 from other funds. 

7 STORMWATER PERMIT COMPLIANCE ENTERPRISE FUND

8 For operation of the Stormwater Permit Compliance 

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

10 LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

11 For the Lottery and Charitable Games Enterprise 

12 Fund, established by the District of Columbia Appropria13 tion Act, 1982, for the purpose of implementing the Law 

14 to Legalize Lotteries, Daily Numbers Games, and Bingo 

15 and Raffles for Charitable Purposes in the District of Co16 lumbia (D.C. Law 3–172; D.C. Official Code, sec. 3–1301 

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

18 funds: Provided, That the District of Columbia shall iden19 tify the source of funding for this appropriation title from 

20 the District’s own locally generated revenues: Provided fur21 ther, That no revenues from Federal sources shall be used 

22 to support the operations or activities of the Lottery and 

23 Charitable Games Control Board: Provided further, That 

24 the Lottery and Charitable Games Enterprise Fund is here25 by authorized to make transfers to the general fund of the 
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1 District of Columbia, in excess of this appropriation, if such 

2 funds are available for transfer. 

3 SPORTS AND ENTERTAINMENT COMMISSION

4 For the Sports and Entertainment Commission, 

5 $7,322,000 from other funds: Provided, That the paragraph 

6 under the heading ‘‘Sports and Entertainment Commis7 sion’’ in Public Law 108–199 (118 Stat. 125) is amended 

8 by striking the term ‘‘local funds’’ and inserting the term 

9 ‘‘other funds’’ in its place. 

10 DISTRICT OF COLUMBIA RETIREMENT BOARD

11 For the District of Columbia Retirement Board, estab12 lished pursuant to section 121 of the District of Columbia 

13 Retirement Reform Act of 1979 (D.C. Official Code, sec. 1– 

14 711), $15,277,000 from the earnings of the applicable retire15 ment funds to pay legal, management, investment, and 

16 other fees and administrative expenses of the District of Co17 lumbia Retirement Board: Provided, That the District of 

18 Columbia Retirement Board shall provide to the Congress 

19 and to the Council of the District of Columbia a quarterly 

20 report of the allocations of charges by fund and of expendi21 tures of all funds: Provided further, That the District of 

22 Columbia Retirement Board shall provide the Mayor, for 

23 transmittal to the Council of the District of Columbia, an 

24 itemized accounting of the planned use of appropriated 

25 funds in time for each annual budget submission and the 
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1 actual use of such funds in time for each annual audited 

2 financial report. 

3 WASHINGTON CONVENTION CENTER ENTERPRISE FUND

4 For the Washington Convention Center Enterprise 

5 Fund, $77,176,000 from other funds. 

6 NATIONAL CAPITAL REVITALIZATION CORPORATION

7 For the National Capital Revitalization Corporation, 

8 $7,850,000 from other funds. 

9 UNIVERSITY OF THE DISTRICT OF COLUMBIA

10 For the University of the District of Columbia, 

11 $85,102,000 (including, $49,602,000 from local funds pre12 viously appropriated in this Act under the heading ‘‘Public 

13 Education Systems’’, $15,192,000 from Federal funds, 

14 $19,434,000 from other funds, and $873,000 from private 

15 funds): Provided, That this appropriation shall not be 

16 available to subsidize the education of nonresidents of the 

17 District of Columbia at the University of the District of 

18 Columbia, unless the Board of Trustees of the University 

19 of the District of Columbia adopts, for the fiscal year ending 

20 September 30, 2005, a tuition rate schedule that will estab21 lish the tuition rate for nonresident students at a level no 

22 lower than the nonresident tuition rate charged at com23 parable public institutions of higher education in the metro24 politan area. 
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1 UNEMPLOYMENT COMPENSATION FUND

2 For the Unemployment Compensation Fund, 

3 $180,000,000 from other funds. 

4 DISTRICT OF COLUMBIA PERSONNEL TRUST FUND

5 For the District of Columbia Personnel Trust Fund, 

6 $953,000 from other funds. 

7 DISTRICT OF COLUMBIA PUBLIC LIBRARY TRUST FUND

8 For the District of Columbia Public Library Trust 

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

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

11 further, That $10,000 shall be for the Peabody Trust Fund. 

12 CAPITAL OUTLAY

13 (INCLUDING RESCISSIONS)

14 For construction projects, an increase of 

15 $1,087,649,000, of which $839,897,000 shall be from local 

16 funds, $38,542,000 from Highway Trust funds, $37,000,000 

17 from the Rights-of-way funds, $172,209,000 from Federal 

18 funds, and a rescission of $367,763,000 from local funds 

19 appropriated under this heading in prior fiscal years, for 

20 a net amount of $725,886,000, to remain available until 

21 expended; in addition, $7,000,000 from funds previously 

22 appropriated in this Act under the heading ‘‘Federal Pay23 ment for the Unified Communications Center’’ and 

24 $3,000,000 from funds previously appropriated in this Act 

25 under the heading ‘‘Federal Payment for the Anacostia Wa-
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1 terfront Initiative’’: Provided, That funds for use of each 

2 capital project implementing agency shall be managed and 

3 controlled in accordance with all procedures and limita4 tions established under the Financial Management System: 

5 Provided further, That all funds provided by this appro6 priation title shall be available only for the specific projects 

7 and purposes intended: Provided further, That the Office 

8 of the Chief Technology Officer of the District of Columbia 

9 shall implement the following information technology 

10 projects on behalf of the District of Columbia Public 

11 Schools: Student Information System (project number 

12 T2240), Student Information System PCS (project number 

13 T2241), Enterprise Resource Planning (project number 

14 T2242), E-Rate (project number T2243), and SETS Ex15 pansion PCS (project number T2244). 

16 TITLE III—GENERAL PROVISIONS 

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

18 within an appropriation for particular purposes or objects 

19 of expenditure, such amount, unless otherwise specified, 

20 shall be considered as the maximum amount that may be 

21 expended for said purpose or object rather than an amount 

22 set apart exclusively therefor. 

23 SEC. 302. Appropriations in this Act shall be available 

24 for expenses of travel and for the payment of dues of organi25 zations concerned with the work of the District of Columbia 
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1 government, when authorized by the Mayor: Provided, That 

2 in the case of the Council of the District of Columbia, funds 

3 may be expended with the authorization of the Chairman 

4 of the Council. 

5 SEC. 303. There are appropriated from the applicable 

6 funds of the District of Columbia such sums as may be nec7 essary for making refunds and for the payment of legal set8 tlements or judgments that have been entered against the 

9 District of Columbia government. 

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

11 this Act shall remain available for obligation beyond the 

12 current fiscal year unless expressly to provided herein. 

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

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

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

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

17 Committees on Appropriations of the House of Representa18 tives and Senate, the Committee on Government Reform of 

19 the House of Representatives, the Committee on Govern20 mental Affairs of the Senate, and the Council of the District 

21 of Columbia, or their duly authorized representative. 

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

23 Act may be used for publicity or propaganda purposes or 

24 implementation of any policy including boycott designed to 
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1 support or defeat legislation pending before Congress or any 

2 State legislature. 

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

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

5 any matter. 

6 (b) Nothing in this section may be construed to pro7 hibit any elected official from advocating with respect to 

8 any issue. 

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

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

11 District government agencies, that remain available for ob12 ligation or expenditure in fiscal year 2005, or provided 

13 from any accounts in the Treasury of the United States 

14 derived by the collection of fees available to the agencies 

15 funded by this Act, shall be available for obligation or ex16 penditures for an agency through a reprogramming of funds 

17 which— 

18 (1) creates new programs; 

19 (2) eliminates a program, project, or responsi20 bility center; 

21 (3) establishes or changes allocations specifically 

22 denied, limited or increased under this Act; 

23 (4) increases funds or personnel by any means 

24 for any program, project, or responsibility center for 

25 which funds have been denied or restricted; 
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1 (5) reestablishes any program or project pre2 viously deferred through reprogramming; 

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

4 responsibility center through a reprogramming of 

5 funds in excess of $1,000,000 or 10 percent, whichever 

6 is less; or 

7 (7) increases by 20 percent or more personnel as8 signed to a specific program, project or responsibility 

9 center, unless the Committee on Appropriations of the 

10 House of Representatives and Senate are notified in 

11 writing 15 days in advance of the reprogramming. 

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

13 be available for obligation or expenditure for an agency 

14 through a transfer of any local funds in excess of $1,000,000 

15 from one appropriation heading to another unless the Com16 mittees on Appropriations of the House of Representatives 

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

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

19 any funds transferred exceed 4 percent of the local funds 

20 in the appropriations. 

21 SEC. 309. Consistent with the provisions of section 

22 1301(a) of title 31, United States Code, appropriations 

23 under this Act shall be applied only to the objects for which 

24 the appropriations were made except as otherwise provided 

25 by law. 
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1 SEC. 310. Notwithstanding any other provisions of 

2 law, the provisions of the District of Columbia Government 

3 Comprehensive Merit Personnel Act of 1978 (D.C. Law 2– 

4 139; D.C. Official Code, sec. 1–601.01 et seq.), enacted pur5 suant to section 422(3) of the District of Columbia Home 

6 Rule Act (D.C. Official Code, sec. 1–204l.22(3)), shall apply 

7 with respect to the compensation of District of Columbia 

8 employees: Provided, That for pay purposes, employees of 

9 the District of Columbia government shall not be subject 

10 to the provisions of title 5, United States Code. 

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

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

13 of Columbia shall submit to the Council of the District of 

14 Columbia and the Committees on Appropriations of the 

15 House of Representatives and Senate the new fiscal year 

16 2005 revenue estimates as of the end of such quarter. These 

17 estimates shall be used in the budget request for fiscal year 

18 2005. The officially revised estimates at midyear shall be 

19 used for the midyear report. 

20 SEC. 312. No sole source contract with the District of 

21 Columbia government or any agency thereof may be re22 newed or extended without opening that contract to the 

23 competitive bidding process as set forth in section 303 of 

24 the District of Columbia Procurement Practices Act of 1985 

25 (D.C. Law 6–85; D.C. Official Code, sec. 2–303.03), except 
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1 that the District of Columbia government or any agency 

2 thereof may renew or extend sole source contracts for which 

3 competition is not feasible or practical, but only if the deter4 mination as to whether to invoke the competitive bidding 

5 process has been made in accordance with duly promulgated 

6 rules and procedures and has been reviewed and certified 

7 by the Chief Financial Officer of the District of Columbia. 

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

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

10 for salaries, expenses, or other costs associated with the of11 fices of United States Senator or United States Representa12 tive under section 4(d) of the District of Columbia State13 hood Constitutional Convention Initiatives of 1979 (D.C. 

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

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

16 Act shall be expended for any abortion except where the life 

17 of the mother would be endangered if the fetus were carried 

18 to term or where the pregnancy is the result of an act of 

19 rape or incest. 

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

21 in this Act may be used to implement or enforce the Health 

22 Care Benefits Expansion Act of 1992 (D.C. Law 9–114; 

23 D.C. Official Code, sec. 32–701 et seq.) or to otherwise im24 plement or enforce any system of registration of unmarried, 

25 cohabiting couples, including but not limited to registration 
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1 for the purpose of extending employment, health, or govern2 mental benefits to such couples on the same basis that such 

3 benefits are extended to legally married couples. 

4 SEC. 316. (a) Notwithstanding any other provision of 

5 this Act, the Mayor, in consultation with the Chief Finan6 cial Officer of the District of Columbia may accept, obligate, 

7 and expend Federal, private, and other grants received by 

8 the District government that are not reflected in the 

9 amounts appropriated in this Act. 

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

11 be accepted, obligated, or expended pursuant to subsection 

12 (a) until— 

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

14 Columbia submits to the Council a report setting 

15 forth detailed information regarding such grant; and 

16 (B) the Council has reviewed and approved the 

17 acceptance, obligation, and expenditure of such grant. 

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

19 shall be deemed to have reviewed and approved the accept20 ance, obligation, and expenditure of a grant if— 

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

22 the Secretary of the Council within 14 calendar days 

23 of the receipt of the report from the Chief Financial 

24 Officer under paragraph (1)(A); or 
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1 (B) if such a notice of disapproval is filed with2 in such deadline, the Council does not by resolution 

3 disapprove the acceptance, obligation, or expenditure 

4 of the grant within 30 calendar days of the initial re5 ceipt of the report from the Chief Financial Officer 

6 under paragraph (1)(A). 

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

8 general fund or other funds of the District of Columbia gov9 ernment in anticipation of the approval or receipt of a 

10 grant under subsection (b)(2) or in anticipation of the ap11 proval or receipt of a Federal, private, or other grant not 

12 subject to such subsection. 

13 (d) The Chief Financial Officer of the District of Co14 lumbia may adjust the budget for Federal, private, and 

15 other grants received by the District government reflected 

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

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

18 actual amount of the grant. 

19 (e) The Chief Financial Officer of the District of Co20 lumbia shall prepare a quarterly report setting forth de21 tailed information regarding all Federal, private, and other 

22 grants subject to this section. Each such report shall be sub23 mitted to the Council of the District of Columbia and to 

24 the Committees on Appropriations of the House of Rep-
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1 resentatives and Senate not later than 15 days after the 

2 end of the quarter covered by the report. 

3 SEC. 317. (a) Except as otherwise provided in this sec4 tion, none of the funds made available by this Act or by 

5 any other Act may be used to provide any officer or em6 ployee of the District of Columbia with an official vehicle 

7 unless the officer or employee uses the vehicle only in the 

8 performance of the officer’s or employee’s official duties. For 

9 purposes of this paragraph, the term ‘‘official duties’’ does 

10 not include travel between the officer’s or employee’s resi11 dence and workplace, except in the case of— 

12 (1) an officer or employee of the Metropolitan 

13 Police Department who resides in the District of Co14 lumbia or is otherwise designated by the Chief of the 

15 Department; 

16 (2) an officer or employee of the District of Co17 lumbia Fire and Emergency Medical Services Depart18 ment who resides in the District of Columbia and is 

19 on call 24 hours a day or is otherwise designated by 

20 the Fire Chief; 

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

22 (4) the Chairman of the Council of the District 

23 of Columbia. 

24 (b) The Chief Financial Officer of the District of Co25 lumbia shall submit by March 1, 2005, an inventory, as 
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1 of September 30, 2004, of all vehicles owned, leased or oper2 ated by the District of Columbia government. The inventory 

3 shall include, but not be limited to, the department to which 

4 the vehicle is assigned; the year and make of the vehicle; 

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

6 vehicle; annual operating and maintenance costs; current 

7 mileage; and whether the vehicle is allowed to be taken home 

8 by a District officer or employee and if so, the officer or 

9 employee’s title and resident location. 

10 SEC. 318. None of the funds contained in this Act may 

11 be used for purposes of the annual independent audit of 

12 the District of Columbia government for fiscal year 2005 

13 unless— 

14 (1) the audit is conducted by the Inspector Gen15 eral of the District of Columbia, in coordination with 

16 the Chief Financial Officer of the District of Colum17 bia, pursuant to section 208(a)(4) of the District of 

18 Columbia Procurement Practices Act of 1985 (D.C. 

19 Official Code, sec. 2–302.8); and 

20 (2) the audit includes as a basic financial state21 ment a comparison of audited actual year-end results 

22 with the revenues submitted in the budget document 

23 for such year and the appropriations enacted into law 

24 for such year using the format, terminology, and clas-
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1 sifications contained in the law making the appro2 priations for the year and its legislative history. 

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

4 this Act may be used by the District of Columbia Corpora5 tion Counsel or any other officer or entity of the District 

6 government to provide assistance for any petition drive or 

7 civil action which seeks to require Congress to provide for 

8 voting representation in Congress for the District of Colum9 bia. 

10 (b) Nothing in this section bars the District of Colum11 bia Corporation Counsel from reviewing or commenting on 

12 briefs in private lawsuits, or from consulting with officials 

13 of the District government regarding such lawsuits. 

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

15 this Act may be used for any program of distributing sterile 

16 needles or syringes for the hypodermic injection of any ille17 gal drug. 

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

19 contained in this Act and who carries out any program 

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

21 for such program separately from any funds contained in 

22 this Act. 

23 SEC. 321. None of the funds contained in this Act may 

24 be used after the expiration of the 60-day period that begins 

25 on the date of the enactment of this Act to pay the salary 
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1 of any chief financial officer of any office of the District 

2 of Columbia government (including any independent agen3 cy of the District of Columbia) who has not filed a certifi4 cation with the Mayor and the Chief Financial Officer of 

5 the District of Columbia that the officer understands the 

6 duties and restrictions applicable to the officer and the offi7 cer’s agency as a result of this Act (and the amendments 

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

9 requested either in the Act or in any of the reports accom10 panying the Act and the deadline by which each report 

11 must be submitted. The Chief Financial Officer of the Dis12 trict of Columbia shall provide to the Committees on Appro13 priations of the House of Representatives and Senate by 

14 the 10th day after the end of each quarter a summary list 

15 showing each report, the due date, and the date submitted 

16 to the Committees. 

17 SEC. 322. (a) None of the funds contained in this Act 

18 may be used to enact or carry out any law, rule, or regula19 tion to legalize or otherwise reduce penalties associated with 

20 the possession, use, or distribution of any schedule I sub21 stance under the Controlled Substances Act (21 U.S.C. 802) 

22 or any tetrahydrocannabinols derivative. 

23 (b) The Legalization of Marijuana for Medical Treat24 ment Initiative of 1998, also known as Initiative 59, ap-
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1 proved by the electors of the District of Columbia on Novem2 ber 3, 1998, shall not take effect. 

3 SEC. 323. Nothing in this Act may be construed to pre4 vent the Council or Mayor of the District of Columbia from 

5 addressing the issue of the provision of contraceptive cov6 erage by health insurance plans, but it is the intent of Con7 gress that any legislation enacted on such issue should in8 clude a ‘‘conscience clause’’ which provides exceptions for 

9 religious beliefs and moral convictions. 

10 SEC. 324. The Mayor of the District of Columbia shall 

11 submit to the Committees on Appropriations of the House 

12 of Representatives and Senate, the Committee on Govern13 ment Reform of the House of Representatives, and the Com14 mittee on Governmental Affairs of the Senate quarterly re15 ports addressing— 

16 (1) crime, including the homicide rate, imple17 mentation of community policing, the number of po18 lice officers on local beats, and the closing down of 

19 open-air drug markets; 

20 (2) access to substance and alcohol abuse treat21 ment, including the number of treatment slots, the 

22 number of people served, the number of people on 

23 waiting lists, and the effectiveness of treatment pro24 grams; 
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1 (3) management of parolees and pre-trial violent 

2 offenders, including the number of halfway houses es3 capes and steps taken to improve monitoring and su4 pervision of halfway house residents to reduce the 

5 number of escapes to be provided in consultation with 

6 the Court Services and Offender Supervision Agency 

7 for the District of Columbia; 

8 (4) education, including access to special edu9 cation services and student achievement to be pro10 vided in consultation with the District of Columbia 

11 Public Schools and the District of Columbia public 

12 charter schools; 

13 (5) improvement in basic District services, in14 cluding rat control and abatement; 

15 (6) application for and management of Federal 

16 grants, including the number and type of grants for 

17 which the District was eligible but failed to apply 

18 and the number and type of grants awarded to the 

19 District but for which the District failed to spend the 

20 amounts received; and 

21 (7) indicators of child well-being. 

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

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

24 Officer of the District of Columbia shall submit to the ap25 propriate committees of Congress, the Mayor, and the Coun-
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1 cil of the District of Columbia a revised appropriated funds 

2 operating budget in the format of the budget that the Dis3 trict of Columbia government submitted pursuant to section 

4 442 of the District of Columbia Home Rule Act (D.C. Offi5 cial Code, sec. 1–204.42), for all agencies of the District of 

6 Columbia government for fiscal year 2004 that is in the 

7 total amount of the approved appropriation and that re8 aligns all budgeted data for personal services and other9 than-personal-services, respectively, with anticipated actual 

10 expenditures. 

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

12 to an agency where the Chief Financial Officer of the Dis13 trict of Columbia certifies that a reallocation is required 

14 to address unanticipated changes in program requirements. 

15 SEC. 326. None of the funds contained in this Act may 

16 be used to issue, administer, or enforce any order by the 

17 District of Columbia Commission on Human Rights relat18 ing to docket numbers 93–030–(PA) and 93–031–(PA). 

19 SEC. 327. Notwithstanding any other law, the District 

20 of Columbia Courts shall transfer to the general treasury 

21 of the District of Columbia all fines levied and collected by 

22 the Courts under section 10(b)(1) and (2) of the District 

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

24 2201.05(b)(1) and (2)). The transferred funds shall remain 

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

2 of District traffic alcohol laws in accordance with section 

3 10(b)(3) of the District of Columbia Traffic Act (D.C. Offi4 cial Code, sec. 50–2201.05(b)(3)). 

5 SEC. 328. None of the funds contained in this Act may 

6 be made available to pay— 

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

8 party in an action or an attorney who defends an ac9 tion, including an administrative proceeding, brought 

10 against the District of Columbia Public Schools under 

11 the Individuals with Disabilities Education Act (20 

12 U.S.C. 1400 et seq.) in excess of $4,000 for that ac13 tion; or 

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

15 Chief Financial Officer of the District of Columbia 

16 determines to have a pecuniary interest, either 

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

18 in any special education diagnostic services, schools, 

19 or other special education service providers. 

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

21 of Columbia shall require attorneys in special education 

22 cases brought under the Individuals with Disabilities Act 

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

24 that the attorney or representative rendered any and all 

25 services for which they receive awards, including those re-
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1 ceived under a settlement agreement or as part of an ad2 ministrative proceeding, under the IDEA from the District 

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

4 the Chief Financial Officer of the District of Columbia shall 

5 require all attorneys in IDEA cases to disclose any finan6 cial, corporate, legal, memberships on boards of directors, 

7 or other relationships with any special education diagnostic 

8 services, schools, or other special education service providers 

9 to which the attorneys have referred any clients as part of 

10 this certification: Provided further, That the Chief Finan11 cial Officer shall prepare and submit quarterly reports to 

12 the Committees on Appropriations of the House of Rep13 resentatives and Senate on the certification of and the 

14 amount paid by the government of the District of Columbia, 

15 including the District of Columbia Public Schools, to attor16 neys in cases brought under IDEA: Provided further, That 

17 the Inspector General of the District of Columbia may con18 duct investigations to determine the accuracy of the certifi19 cations. 

20 SEC. 330. Section 401(a) and (b) of Chapter 4 of Pub21 lic Law 106–554 is hereby amended by striking paragraph 

22 (5). 

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

24 1723(b), 11–2102(a)(2), and the second and third sentences 
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1 of Section 11–1724, of the District of Columbia Official 

2 Code, are hereby repealed. 

3 SEC. 332. Section 11–1728 of the District of Columbia 

4 Official Code, is amended to read as follows: 

5 ‘‘SEC. 11–1728. RECRUITMENT AND TRAINING OF PER6 SONNEL AND TRAVEL. 

7 ‘‘(a) The Executive Officer shall be responsible for re8 cruiting such qualified personnel as may be necessary for 

9 the District of Columbia Courts and for providing in-serv10 ice training for court personnel. 

11 ‘‘(b) Travel under Federal supply schedules is author12 ized for the travel of court personnel on official business. 

13 The joint committee shall prescribe such requirements, con14 ditions and restrictions for such travel as it considers ap15 propriate, and shall include policies and procedures for pre16 venting abuses of that travel authority.’’. 

17 SEC. 333. Section 450A of the District of Columbia 

18 Home Rule Act, approved December 24, 1973 (87 Stat. 803; 

19 D.C. Official Code, sec. 1–204.50a), is amended as follows: 

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

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

22 follows: 

23 ‘‘(1) IN GENERAL.—There is established an emer24 gency cash reserve fund (‘emergency reserve fund’) as 

25 an interest-bearing account (separate from other ac-
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1 counts in the General Fund) into which the Mayor 

2 shall make a deposit in cash not later than October 

3 1 of each fiscal year of such an amount as may be 

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

5 2 percent of the operating expenditures as defined in 

6 paragraph (2) of this subsection or such amount as 

7 may be required for deposit in a fiscal year in which 

8 the District is replenishing the emergency reserve 

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

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

11 follows: 

12 ‘‘(2) IN GENERAL.—For the purpose of this sub13 section, operating expenditures is defined as the 

14 amount reported in the District of Columbia’s Com15 prehensive Annual Financial Report for the fiscal 

16 year immediately preceding the current fiscal year as 

17 the actual operating expenditure from local funds, less 

18 such amounts that are attributed to debt service pay19 ments for which a separate reserve fund is already es20 tablished under this Act.’’. 

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

22 follows: 

23 ‘‘(7) REPLENISHMENT.—The District of Colum24 bia shall appropriate sufficient funds each fiscal year 

25 in the budget process to replenish any amounts allo-
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1 cated from the emergency reserve fund during the pre2 ceding fiscal years so that not less than 50 percent of 

3 any amount allocated in the preceding fiscal year or 

4 the amount necessary to restore the emergency reserve 

5 fund to the 2 percent required balance, whichever is 

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

7 following each such allocation and 100 percent of the 

8 amount allocated or the amount necessary to restore 

9 the emergency reserve fund to the 2 percent required 

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

11 of the second fiscal year following each such alloca12 tion.’’. 

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

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

15 follows: 

16 ‘‘(1) IN GENERAL.—There is established a con17 tingency cash reserve fund (‘contingency reserve 

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

19 other accounts in the General Fund, into which the 

20 Mayor shall make a deposit in cash not later than 

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

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

23 least 4 percent of the operating expenditures as de24 fined in paragraph (2) of this subsection or such 

25 amount as may be required for deposit in a fiscal 
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1 year in which the District is replenishing the emer2 gency reserve fund pursuant to subsection (b)(6).’’. 

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

4 follows: 

5 ‘‘(2) IN GENERAL.—For the purpose of this sub6 section, operating expenditures is defined as the 

7 amount reported in the District of Columbia’s Com8 prehensive Annual Financial Report for the fiscal 

9 year immediately preceding the current fiscal year as 

10 the actual operating expenditure from local funds, less 

11 such amounts that are attributed to debt service pay12 ments for which a separate reserve fund is already es13 tablished under this Act.’’. 

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

15 follows: 

16 ‘‘(6) REPLENISHMENT.—The District of Colum17 bia shall appropriate sufficient funds each fiscal year 

18 in the budget process to replenish any amounts allo19 cated from the contingency reserve fund during the 

20 preceding fiscal years so that not less than 50 percent 

21 of any amount allocated in the preceding fiscal year 

22 or the amount necessary to restore the contingency re23 serve fund to the 4 percent required balance, which24 ever is less, is replenished by the end of the first fiscal 

25 year following each such allocation and 100 percent 
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1 of the amount allocated or the amount necessary to 

2 restore the contingency reserve fund to the 4 percent 

3 required balance, whichever is less, is replenished by 

4 the end of the second fiscal year following each such 

5 allocation.’’. 

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

7 Officer shall re-calculate the emergency and contingency 

8 cash reserve funds amount established by Section 450A of 

9 the District of Columbia Home Rule Act, approved Decem10 ber 24, 1973 (87 Stat. 803; D.C. Official Code, sec. 1– 

11 204.50a), as amended by this Act and is authorized to 

12 transfer funds between the emergency and contingency cash 

13 reserve funds to reach the required percentages: Provided, 

14 That for fiscal year 2005, the Chief Financial Officer may 

15 transfer funds from the emergency and contingency cash re16 serve funds to the general fund of the District of Columbia 

17 to the extent that such funds are not necessary to meet the 

18 requirements established for each fund: Provided further, 

19 That the Chief Financial Officer may not transfer funds 

20 from the emergency or the contingency reserve funds to the 

21 extent that such a transfer would lower the fiscal year 2005 

22 total percentage below 7 percent of operating expenditures, 

23 as amended by this Act. 

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

25 Retirement and Disability Act, approved August 21, 1957 
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1 (Public Law 85–157; 71 Stat. 399; D.C. Official Code § 5– 

2 732) is amended by striking the phrase ‘‘of this chapter, 

3 to the extent that such benefit payments exceed the deduc4 tions from the salaries of federal employees for credit to the 

5 revenues of the District of Columbia.’’ and inserting the 

6 phrase ‘‘of this chapter and to reimburse the District of Co7 lumbia for the administrative costs associated with making 

8 such benefit payments for credit to the revenues of the Dis9 trict of Columbia: Provided, That benefit payment reim10 bursement shall only be to the extent that such benefit pay11 ments exceed the deductions from the salaries of federal em12 ployees.’’ in its place. 

13 SEC. 336. Notwithstanding any other provision of this 

14 Act, there is hereby appropriated for the Office of the In15 spector General such amounts in local funds, as are con16 sistent with the annual estimates for the expenditures and 

17 appropriations necessary for the operation of the Office of 

18 the Inspector General as prepared by the Inspector General 

19 and submitted to the Mayor and forwarded to the Council 

20 pursuant to D.C. Official Code 2–302.08(a)(2)(A) for fiscal 

21 year 2005: Provided, That the Office of the Chief Financial 

22 Officer shall take such steps as are necessary to implement 

23 the provisions of this subsection. 

24 SEC. 337. The authority which the Chief Financial Of25 ficer of the District of Columbia exercised with respect to 
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1 personnel, procurement, and the preparation of fiscal im2 pact statements during a control period (as defined in Pub3 lic Law 104–8) shall remain in effect through September 

4 30, 2005. 

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

6 Payment for Incentives for Adoption of Children’’ in Public 

7 Law 106–113, approved November 29, 1999 (113 Stat. 

8 1501), is amended to add the following proviso: ‘‘: Provided 

9 further, That the funds provided under this heading for the 

10 establishment of a scholarship fund for District of Columbia 

11 children of adoptive families, and District of Columbia chil12 dren without parents due to the September 11, 2001 ter13 rorist attack to be used for post high school education and 

14 training, once obligated by the District to establish the 

15 scholarship fund, shall remain obligated and be retained by 

16 the District for 25 years from the date of obligation to allow 

17 for any individual who is within the class of persons to 

18 be assisted by this provision to reach post high school and 

19 to present expenditures to be extinguished by the fund’’. 

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

21 161(3)(E)(i) of Public Law 106–522 shall be amended to 

22 include a new section known as (E)(i)(IV) to establish regu23 lations for administering lease guarantees through the cred24 it enhancement fund to public charter schools in the District 

25 of Columbia. 
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1 (b) The first sentence of section 143 of the District of 

2 Columbia Appropriations Act of 2003 (Public Law 108– 

3 7, 117 STAT. 130) approved April 20, 2003 is amended 

4 by striking the phrase, ‘‘under the authority of the Depart5 ment of Banking and Financial Institutions’’ and inserting 

6 ‘‘under the authority of the Mayor’’ in its place. 

7 SEC. 340. PROCESS FOR FILING CHARTER PETITIONS. 

8 D.C. Code § 38–1802.01 is amended by adding a new sec9 tion (e) as follows— 

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

11 the District of Columbia, or to convert a District of Colum12 bia public school or an existing private or independent 

13 school, is a public document.’’. 

14 SEC. 341. AMENDMENTS TO CHARTER SCHOOL LAW. 

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

16 2201 of the District of Columbia School Reform Act of 1995 

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

18 (1) in subsection (a)(3)(B), by striking ‘‘two19 thirds’’ and inserting ‘‘51 percent’’; and 

20 (2) in subsection (b)(3)(B), by striking ‘‘two21 thirds’’ and inserting ‘‘51 percent’’. 

22 (b) EMPLOYEES.—Section 2207 of the District of Co23 lumbia School Reform Act of 1995 (D.C. Code 38–1802.07) 

24 is amended by adding at the end the following: 
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1 ‘‘(d) TEACHERS REMAINING AT CONVERTED PUBLIC

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

3 Columbia public school that converts to a public charter 

4 school under section 2201 shall have the option of remain5 ing at the charter school during the school’s first year of 

6 operation after receiving an extended leave of absence under 

7 subsection (a)(1). After this 1-year period, the teacher may 

8 continue to be employed at the public charter school, at the 

9 sole discretion of the public charter school, or shall main10 tain current status within the District of Columbia public 

11 school system.’’. 

12 (c) PUBLIC SCHOOL SERVICES TO PUBLIC CHARTER

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

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

15 amended— 

16 (1) in paragraph (1)— 

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

18 as follows: 

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

20 other provision of law, regulation, or order relat21 ing to the disposition of a facility or property 

22 described in subparagraph (B), or to the disposi23 tion of any property of the District of Columbia, 

24 the Mayor and the District of Columbia govern25 ment shall give a right of first offer, which right 
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1 shall be annually reinstated with respect to any 

2 facility or property not previously disposed of, or 

3 under contract to be disposed of, to an eligible 

4 applicant whose petition to establish a public 

5 charter school has been conditionally approved 

6 under section 2203(d)(2), or a Board of Trustees, 

7 with respect to the purchase, lease, transfer, or 

8 use of a facility or property described in sub9 paragraph (B).’’; 

10 (B) by amending subparagraph (B)(iii) to 

11 read as follows: 

12 ‘‘(iii) With respect to which— 

13 ‘‘(I) the Board of Education has 

14 transferred jurisdiction to the Mayor 

15 and over which the Mayor has jurisdic16 tion on the effective date of this sub17 clause; or 

18 ‘‘(II) over which the Mayor or 

19 any successor agency gains jurisdiction 

20 after the effective date of this sub21 clause.’’; and 

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

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

24 terms of purchase or lease of a facility or prop25 erty described in subparagraph (B) shall— 
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1 ‘‘(i) be negotiated by the Mayor; 

2 ‘‘(ii) include rent or an acquisition 

3 price, as applicable, that is at least 25 per4 cent less than the appraised value of the 

5 property (based on use of the property for 

6 school purposes); and 

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

8 property is to be leased, of not less than 25 

9 years, and renewable for additional 25-year 

10 periods as long as the eligible applicant or 

11 Board of Trustees maintains its charter.’’; 

12 and 

13 (2) in paragraph (2)(A), by striking ‘‘pref14 erence’’ and inserting ‘‘a right to first offer’’; and 

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

16 ‘‘(3) CONVERSION PUBLIC CHARTER SCHOOLS.— 

17 Any District of Columbia public school that was ap18 proved to become a conversion public charter school 

19 under section 2201 before the effective date of this sub20 section or is approved to become a conversion public 

21 charter school after the effective date of this sub22 section, shall have the right to exclusively occupy the 

23 facilities the school occupied as a District of Colum24 bia public school under a lease for a period of not less 

25 than 25 years, renewable for additional 25-year peri-
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1 ods as long as the school maintains its charter at the 

2 non-profit rate, or if there is no non-profit rate, at 

3 25 percent less than the fair market rate for school 

4 use.’’. 

5 SEC. 342. ANNUAL REPORTTO CONGRESS. Section 

6 2211 of the School Reform Act of 1995 (D.C. Code 38– 

7 1802.11) shall be amended by: 

8 (1) adding the following new subparagraph at 

9 the end of section 2211(a)(1): 

10 ‘‘(D) Shall ensure that each public charter 

11 school complies with the annual reporting re12 quirement of subsection 38–1802.04(b)(11) of this 

13 Act, including submission of the audited finan14 cial statement required by sub-subsection (B)(ix) 

15 of that section.’’; and 

16 (2) adding the following before the period at the 

17 end of subparagraph (d): ‘‘(10) details of major 

18 Board actions; (11) major findings from school re19 views of academic, financial, and compliance with 

20 health and safety standards and resulting Board ac21 tion or recommendations; (12) details of the fifth year 

22 review process and outcomes; (13) summary of an23 nual financial audits of all charter schools, including 

24 (a) the number of schools that failed to timely submit 

25 the audited financial statement required by that sec-
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1 tion; (b) the number of schools whose audits revealed 

2 a failure to follow required accounting practices or 

3 other material deficiencies; and (c) the steps taken by 

4 the authority to ensure that deficiencies found by the 

5 audits are rectified; (14) number of schools which 

6 have required intervention by authorizing board to 

7 address any academic or operational issue; (15) what 

8 recommendations an authorizing board has made to 

9 correct identified deficiencies’’. 

10 SEC. 343. LEASE TO DISTRICT OF COLUMBIA. (a) 

11 LEASE.— 

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

13 the date of enactment of this Act, subject to subsection 

14 (b), the Secretary of the Interior (referred to in this 

15 section as the ‘‘Secretary’’) shall lease to the govern16 ment of the District of Columbia, without consider17 ation, the property described in paragraph (2). 

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

19 paragraph (1) is— 

20 (A) the National Park Service land in Ana21 costia Park, the boundaries of which are the 

22 Anacostia River to the west, Watts Branch to the 

23 south, Kenilworth Aquatic Gardens to the north, 

24 and Anacostia Avenue to the east (US Reserva25 tions 325 and 343, Section G); and 
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1 (B) the community center under the juris2 diction of the District of Columbia known as the 

3 ‘‘Kenilworth Parkside Community Center’’. 

4 (b) CONDITIONS OF LEASE.— 

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

6 shall be for a period of 50 years. 

7 (2) TRANSFER OF TITLE.—The lease under sub8 section (a)(1) shall be subject to such terms and con9 ditions, to be included in the lease, as are necessary 

10 to ensure that the property leased under that sub11 section— 

12 (A) may be subleased by the District of Co13 lumbia to any public entity or private not-for14 profit corporation under a public process; and 

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

16 recreational facilities, open space, or public out17 door recreational opportunities. 

18 (C) Nothing in the Act precludes the Dis19 trict of Columbia from entering into a sublease 

20 for all or part of the property with a public not21 for-profit entity for the management or mainte22 nance of the property. 

23 (3) TERMINATION.— 

24 (A) IN GENERAL.—The lease under sub25 section (a)(1) shall terminate if— 
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1 (i) any term or condition of the lease 

2 described in paragraph (2) is violated, as 

3 determined by the Secretary; and 

4 (ii) the violation is not corrected by the 

5 date that is 90 days after the date on which 

6 the Mayor of the District of Columbia re7 ceives from the Secretary a written notice of 

8 the violation. 

9 (B) DETERMINATION OF CORRECTION.—A 

10 violation of a term or condition of the lease 

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

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

13 if, after notification of the violation, the District 

14 of Columbia and the Secretary enter into an 

15 agreement that the Secretary considers to be ade16 quate to ensure that the property leased will be 

17 used in a manner consistent with paragraph (2). 

18 (4) PROHIBITION OF CIVIL ACTIONS.—No person 

19 may bring a civil action relating to a violation any 

20 term or condition of the lease described in paragraph 

21 (2) before the date that is 90 days after the person no22 tifies the Mayor of the District of Columbia of the al23 leged violation (including the intent of the person to 

24 bring a civil action for termination of the lease under 

25 paragraph (3)). 
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1 (5) REMOVAL OF STRUCTURES; REHABILITA2 TION.—The lease under subsection (a)(1) shall be sub3 ject to the condition that, in the event of a termi4 nation of the lease under paragraph (3), the District 

5 of Columbia shall bear the cost of removing structures 

6 on, or rehabilitating, the property leased. 

7 (6) ADMINISTRATION OF PROPERTY.—If the lease 

8 under subsection (a)(1) is terminated under para9 graph (3), the property covered by the lease shall be 

10 administered by the Secretary as a unit of the Na11 tional Park System in the District of Columbia in ac12 cordance with— 

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

14 known as the ‘‘National Park Service Organic 

15 Act’’) (16 U.S.C. 1 et seq.); and 

16 (B) other laws (including regulations) gen17 erally applicable to units of the National Park 

18 System. 

19 SEC. 344. BIENNIAL EVALUATION OF CHARTER

20 SCHOOL AUTHORIZING BOARDS. (a) Biennial management 

21 evaluation of the District of Columbia Chartering Authori22 ties for the District of Columbia Public Charter Schools 

23 shall be conducted by the Comptroller General of the United 

24 States. 

25 (b) Evaluation shall include the following: 
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1 (1) Establish standards to assess each author2 izer’s procedures and oversight quality; 

3 (2) Identify gaps in oversight and recommenda4 tions; 

5 (3) Review processes of charter school applica6 tions; 

7 (4) Extent of ongoing monitoring, technical as8 sistance, and sanctions provided to schools; 

9 (5) Compliance with annual reporting require10 ments; 

11 (6) Actual budget expenditures for the preceding 

12 two fiscal years; 

13 (7) Comparison of budget expenditures with 

14 mandated responsibilities; 

15 (8) Alignment with best practices; and 

16 (9) Quality and timeliness of meeting Section 

17 2211(d) of the School Reform Act of 1995 (D.C. Code 

18 38–1802.11(d)), as amended. 

19 (c) INITIAL INTERIM REPORTTO CONGRESS.—The 

20 Government Accountability Office shall submit to the Com21 mittees on Appropriations of the House of Representatives 

22 and Senate, no later than May 1, 2005, a baseline report 

23 on the performance of each authorizer in meeting the re24 quirements of the School Reform Act of 1995. 
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1 (d) Hereafter Section 2214(f) of Public Law 104–143 

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

3 Columbia Board of Education Charter Schools Office. 

4 SEC. 345. CLARIFYING OPERATIONS OF PUBLIC CHAR5 TER SCHOOL BOARD. Section 2214 of the School Reform 

6 Act of 1995 (Public Law 104–134; D.C. Code 38–1802.14), 

7 is amended— 

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

9 following: 

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

11 according to Generally Accepted Accounting Principles for 

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

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

14 independent certified public accountant in accordance with 

15 Government auditing standards for financial audits issued 

16 by the Comptroller General of the United States. The find17 ings and recommendations of any such audit shall be for18 warded to the Mayor, the District of Columbia Council, the 

19 appropriate congressional committees, and the Office of the 

20 Chief Financial Officer.’’; and 

21 (2) adding at the end the following: 

22 ‘‘(h) CONTRACTING AND PROCUREMENT.—The Board 

23 shall have the authority to solicit, award, and execute con24 tracts independently of the Office of Contracting and Pro25 curement and the Chief Procurement Officer. Nothing in 
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1 chapter 3 of title 2 of the District of Columbia Code shall 

2 affect the authority of the Board under this subsection.’’. 

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

4 Appropriations Act, 2005’’. 

Passed the House of Representatives July 20, 2004. 

Attest: JEFF TRANDAHL, 

Clerk. 

Passed the Senate September 14, 2004. 

Attest: EMILY J. REYNOLDS, 

Secretary.