In the Senate of the United States,

September 22, 2004.

Resolved, That the bill from the House of Representatives (H.R. 4850) entitled ‘‘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.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 District of Columbia and related agencies for the fiscal year

4 ending September 30, 2005, and for other purposes, 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, $21,200,000, to remain

7 available until expended: Provided, That such funds, in8 cluding any interest accrued thereon, may be used on behalf

9 of eligible District of Columbia residents to pay an amount

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

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

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

13 higher education: Provided further, That the awarding of

14 such funds may be prioritized on the basis of a resident’s

15 academic merit, the income and need of eligible students

16 and such other factors as may be authorized: Provided fur17 ther, That the District of Columbia government shall main18 tain a dedicated account for the Resident Tuition Support

19 Program that shall consist of the Federal funds appro20 priated to the Program in this Act and any subsequent ap21 propriations, any unobligated balances from prior fiscal

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

23 Provided further, That the account shall be under the con24 trol of the District of Columbia Chief Financial Officer who

25 shall use those funds solely for the purposes of carrying out
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1 the Resident Tuition Support Program: Provided further,

2 That the Office of the Chief Financial Officer shall provide

3 a quarterly financial report to the Committees on Appro4 priations of the House of Representatives and Senate for

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

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

7 than 7 percent of the total amount appropriated for this

8 program may be used for administrative expenses.

9 FEDERAL PAYMENT FOR EMERGENCY PLANNING AND

10 SECURITY COSTS IN THE DISTRICT OF COLUMBIA

11 For necessary expenses, as determined by the Mayor

12 of the District of Columbia in written consultation with the

13 elected county or city officials of surrounding jurisdictions,

14 $15,000,000, to remain available until expended, to reim15 burse the District of Columbia for the costs of providing

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

17 capital in the District of Columbia and for the costs of pro18 viding support to respond to immediate and specific ter19 rorist threats or attacks in the District of Columbia or sur20 rounding jurisdictions: Provided, That any amount pro21 vided under this heading shall be available only after notice

22 of its proposed use has been transmitted by the President

23 to Congress and such amount has been apportioned pursu24 ant to chapter 15 of title 31, United States Code.
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1 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

2 COURTS

3 For salaries and expenses for the District of Columbia

4 Courts, $195,010,000, to be allocated as follows: for the Dis5 trict of Columbia Court of Appeals, $8,952,000, of which

6 not to exceed $1,500 is for official reception and representa7 tion expenses; for the District of Columbia Superior Court,

8 $84,948,000, of which not to exceed $1,500 is for official

9 reception and representation expenses; for the District of

10 Columbia Court System, $40,699,000, of which not to ex11 ceed $1,500 is for official reception and representation ex12 penses; and $60,411,000, to remain available until Sep13 tember 30, 2005, for capital improvements for District of

14 Columbia courthouse facilities: Provided, That funds made

15 available for capital improvements shall be expended con16 sistent with the General Services Administration master

17 plan study and building evaluation report: Provided fur18 ther, That notwithstanding any other provision of law, a

19 single contract or related contracts for development and

20 construction of facilities may be employed which collectively

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

22 the solicitation and contract shall contain the clause ‘‘avail23 ability of funds’’ found at 48 CFR 52.232–18: Provided fur24 ther, That notwithstanding any other provision of law, all

25 amounts under this heading shall be apportioned quarterly
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1 by the Office of Management and Budget and obligated and

2 expended in the same manner as funds appropriated for

3 salaries and expenses of other Federal agencies, with payroll

4 and financial services to be provided on a contractual basis

5 with the General Services Administration (GSA), said serv6 ices to include the preparation of monthly financial reports,

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

8 President and to the Committees on Appropriations of the

9 House of Representatives and Senate, the Committee on

10 Government Reform of the House of Representatives, and

11 the Committee on Governmental Affairs of the Senate: Pro12 vided further, That 30 days after providing written notice

13 to the Committees on Appropriations of the House of Rep14 resentatives and Senate, the District of Columbia Courts

15 may reallocate not more than $1,000,000 of the funds pro16 vided under this heading among the items and entities

17 funded under such heading for operations, and not more

18 than 4 percent of the funds provided under this heading

19 for facilities.

20 DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS

21 For payments authorized under section 11–2604 and

22 section 11–2605, D.C. Official Code (relating to representa23 tion provided under the District of Columbia Criminal Jus24 tice Act), payments for counsel appointed in proceedings

25 in the Family Court of the Superior Court of the District
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1 of Columbia under chapter 23 of title 16, D.C. Official

2 Code, or pursuant to contractual agreements to provide

3 guardian ad litem representation, training, technical as4 sistance and/or such other services as are necessary to im5 prove the quality of guardian ad litem representation, pay6 ments for counsel appointed in adoption proceedings under

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

8 authorized under section 21–2060, D.C. Official Code (relat9 ing to representation provided under the District of Colum10 bia Guardianship, Protective Proceedings, and Durable

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

12 available until expended: Provided, That the funds provided

13 in this Act under the heading ‘‘Federal Payment to the Dis14 trict of Columbia Courts’’ (other than the $53,011,000 pro15 vided under such heading for capital improvements for Dis16 trict of Columbia courthouse facilities) may also be used

17 for payments under this heading: Provided further, That

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

19 Joint Committee on Judicial Administration in the Dis20 trict of Columbia shall use funds provided in this Act under

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

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

23 heading for capital improvements for District of Columbia

24 courthouse facilities), to make payments described under

25 this heading for obligations incurred during any fiscal
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1 year: Provided further, That funds provided under this

2 heading shall be administered by the Joint Committee on

3 Judicial Administration in the District of Columbia: Pro4 vided further, That notwithstanding any other provision of

5 law, this appropriation shall be apportioned quarterly by

6 the Office of Management and Budget and obligated and

7 expended in the same manner as funds appropriated for

8 expenses of other Federal agencies, with payroll and finan9 cial services to be provided on a contractual basis with the

10 General Services Administration (GSA), said services to in11 clude the preparation of monthly financial reports, copies

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

13 and to the Committees on Appropriations of the House of

14 Representatives and Senate, the Committee on Government

15 Reform of the House of Representatives, and the Committee

16 on Governmental Affairs of the Senate.

17 FEDERAL PAYMENT TO THE COURT SERVICES AND OF18 FENDER SUPERVISION AGENCY FOR THE DISTRICT OF

19 COLUMBIA

20 (INCLUDING TRANSFER OF FUNDS)

21 For salaries and expenses, including the transfer and

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

23 Supervision Agency for the District of Columbia and the

24 Public Defender Service for the District of Columbia, as au25 thorized by the National Capital Revitalization and Self-
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1 Government Improvement Act of 1997, $182,490,000, of

2 which not to exceed $2,000 is for official reception and rep3 resentation expenses related to Community Supervision and

4 Pretrial Services Agency programs; of which not to exceed

5 $25,000 is for dues and assessments relating to the imple6 mentation of the Court Services and Offender Supervision

7 Agency Interstate Supervision Act of 2002; of which

8 $113,343,000 shall be for necessary expenses of Community

9 Supervision and Sex Offender Registration, to include ex10 penses relating to the supervision of adults subject to protec11 tion orders or the provision of services for or related to such

12 persons; of which $39,314,000 shall be available to the Pre13 trial Services Agency; and of which $29,833,000 shall be

14 transferred to the Public Defender Service for the District

15 of Columbia: Provided, That $1,100,000 shall be to lower

16 supervision caseload ratios to 25:1 for special population

17 offenders: Provided further, That $200,000 shall be to ex18 pand monitoring of offenders using global position system

19 technology: Provided further, That notwithstanding any

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

21 be apportioned quarterly by the Office of Management and

22 Budget and obligated and expended in the same manner

23 as funds appropriated for salaries and expenses of other

24 Federal agencies: Provided further, That notwithstanding

25 chapter 12 of title 40, United States Code, the Director may
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1 acquire by purchase, lease, condemnation, or donation, and

2 renovate as necessary, Building Number 17, 1900 Massa3 chusetts Avenue, Southeast, Washington, District of Colum4 bia to house or supervise offenders and defendants, with

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

6 96: Provided further, That the Director is authorized to ac7 cept and use gifts in the form of in-kind contributions of

8 space and hospitality to support offender and defendant

9 programs, and equipment and vocational training services

10 to educate and train offenders and defendants: Provided

11 further, That the Director shall keep accurate and detailed

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

13 under the previous proviso, and shall make such records

14 available for audit and public inspection: Provided further,

15 That the Court Services and Offender Supervision Agency

16 Director is authorized to accept and use reimbursement

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

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

19 Public Defender Service is authorized to charge fees to cover

20 cost of materials distributed to attendees of educational

21 events, including conferences, sponsored by the Public De22 fender Service, and notwithstanding 31 U.S.C. 3302, said

23 fees shall be credited to the Public Defender Service account

24 to be available for use without 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, That

7 the District of Columbia Water and Sewer Authority pro8 vides 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 remain available until

21 expended, to support initiatives related to the coordination

22 of Federal and local criminal justice resources in the Dis23 trict of Columbia.
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1 FEDERAL PAYMENT FOR THE UNIFIED COMMUNICATIONS

2 CENTER

3 For a Federal payment to the District of Columbia,

4 $7,000,000, to remain available until expended, shall be for

5 the Unified Communications Center.

6 FEDERAL PAYMENT FOR TRANSPORTATION ASSISTANCE

7 For a Federal payment to the District of Columbia

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

9 $1,000,000 shall be allocated to implement a downtown

10 circulator transit system, and of which $4,000,000 shall be

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

12 operating subsidy payment to the Washington Metropolitan

13 Area Transit Authority.

14 FEDERAL PAYMENT FOR FOSTER CARE IMPROVEMENTS IN

15 THE DISTRICT OF COLUMBIA

16 For a Federal payment to the District of Columbia

17 for foster care improvements, $5,000,000, to remain avail18 able until expended: Provided, That $3,250,000 shall be for

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

20 shall be for the early intervention program to provide inten21 sive and immediate services for foster children; of which

22 $750,000 shall be for the emergency support fund to pur23 chase services or technology necessary to allow children to

24 remain in the care of an approved and licensed family

25 member; of which $500,000 shall be for technology upgrades:
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1 Provided further, That $1,250,000 shall be for the Depart2 ment of Mental Health to provide all court-ordered or agen3 cy-required mental health screenings, assessments and treat4 ments for children under the supervision of the Child and

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

6 shall be for the Washington Metropolitan Council of Govern7 ments, to continue a program in conjunction with the Fos8 ter and Adoptive Parents Advocacy Center, to provide res9 pite care for and recruitment of foster parents: Provided

10 further, That these Federal funds shall supplement and not

11 supplant local funds for the purposes described under this

12 heading.

13 FEDERAL PAYMENT TO THE OFFICE OF THE CHIEF

14 FINANCIAL OFFICER OF THE DISTRICT OF COLUMBIA

15 For a Federal payment to the Office of the Chief Fi16 nancial Officer of the District of Columbia, $32,500,000:

17 Provided, That these funds shall be available for the projects

18 and in the amounts specified in the statement of the man19 agers on the conference report accompanying this Act: Pro20 vided further, That each entity that receives funding under

21 this heading shall submit to the Office of the Chief Finan22 cial Officer of the District of Columbia and the Committees

23 on Appropriations of the House of Representatives and Sen24 ate a report on the activities to be carried out with such

25 funds no later than March 15, 2005.
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1 FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

2 For a Federal payment for a School Improvement Pro3 gram in the District of Columbia, $40,000,000, to be allo4 cated as follows: for the District of Columbia Public Schools,

5 $13,000,000 to improve public school education in the Dis6 trict of Columbia, $13,000,000 to expand quality public

7 charter schools in the District of Columbia; for the Sec8 retary of the Department of Education, $14,000,000 to pro9 vide opportunity scholarships for students in the District

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

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

12 assessments: Provided, That of the $13,000,000 for the Dis13 trict of Columbia Public Schools, $5,000,000 shall be for

14 a new incentive fund to reward high performing or signifi15 cantly improved public schools; $5,000,000 shall be to sup16 port the Transformation School Initiative directed to

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

18 the remaining amounts, the Superintendent of the District

19 of Columbia Public Schools shall use such sums as necessary

20 to contract for management consulting services and imple21 ment recommended reforms: Provided further, That the

22 Comptroller General shall conduct a financial audit of the

23 District of Columbia Public Schools: Provided further, That

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

25 the District of Columbia, $4,000,000 shall be for the City
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1 Build Initiative to create neighborhood-based charter

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

3 Charter Schools; $150,000 shall be for administrative ex4 penses of the Office of Charter School Financing and Sup5 port to expand outreach and support of charter schools;

6 $100,000 shall be for the D.C. Public Charter School Asso7 ciation to enhance the quality of charter schools; $4,000,000

8 shall be for the development of an incubator facility for pub9 lic charter schools; and $2,000,000 shall be for a new incen10 tive fund to reward high performing or significantly im11 proved public charter schools: Provided further, That the

12 District of Columbia government shall establish a dedicated

13 account for the Office of Charter School Financing and

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

15 appropriated in this Act, any subsequent appropriations,

16 any unobligated balances from prior fiscal years, any addi17 tional grants, and any interest and principal derived from

18 loans made to Charter Schools, and repayment of dollars

19 utilized to support credit enhancement earned in this or

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

21 be under the control of the District of Columbia Chief Fi22 nancial Officer who shall use those funds solely for the pur23 poses of carrying out the Credit Enhancement Program, Di24 rect Loan Fund Grant Program, and any other charter

25 school financing under the management of the Office: Pro-
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1 vided further, That in this and subsequent fiscal years the

2 Office of the Chief Financial Officer shall conduct an an3 nual audit of the funds expended by the Office and provide

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

5 the District of Columbia, the Office of the District of Colum6 bia Treasurer and the Committees on Appropriations of the

7 House of Representatives and Senate for these funds show8 ing, by object class, the expenditures made and the purpose

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

10 of the total amount appropriated for this program may be

11 used for administrative expenses and training expenses re12 lated to the cost of the National Charter School Con13 ference(s) to be hosted by December 2006; and no more than

14 5 percent of the funds appropriated for the direct loan fund

15 may be used for administrative expenses related to the ad16 ministration and annual audit of the direct loan, grant,

17 and credit enhancement programs.

18 FEDERAL PAYMENT FOR BIOTERRORISM AND FORENSICS

19 LABORATORY

20 For a Federal payment to the District of Columbia,

21 $8,000,000, to remain available until September 30, 2006,

22 for design, planning, and procurement costs associated with

23 the construction of a bioterrorism and forensics laboratory:

24 Provided, That the District of Columbia shall provide an
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1 additional $2,300,000 with local funds as a condition of

2 receiving this payment.

3 TITLE II—DISTRICT OF COLUMBIA FUNDS

4 OPERATING EXPENSES

5 DIVISION OF EXPENSES

6 The following amounts are appropriated for the Dis7 trict of Columbia for the current fiscal year out of the gen8 eral fund of the District of Columbia, except as otherwise

9 specifically provided: Provided, That notwithstanding any

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

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

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

13 total amount appropriated in this Act for operating ex14 penses for the District of Columbia for fiscal year 2005

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

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

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

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

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

20 $14,817,000 shall be from private funds), and an intra-dis21 trict amount of $435,054,000, in addition, $186,900,000

22 from funds previously appropriated in this Act as Federal

23 payments: Provided further, That this amount may be in24 creased by proceeds of one-time transactions, which are ex25 pended for emergency or unanticipated operating or capital
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1 needs: Provided further, That such increases shall be ap2 proved by enactment of local District law and shall comply

3 with all reserve requirements contained in the District of

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

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

6 Columbia shall take such steps as are necessary to assure

7 that the District of Columbia meets these requirements, in8 cluding the apportioning by the Chief Financial Officer of

9 the appropriations and funds made available to the District

10 during fiscal year 2005, except that the Chief Financial Of11 ficer may not reprogram for operating expenses any funds

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

13 capital projects.

14 GOVERNMENTAL DIRECTION AND SUPPORT

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

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

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

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

19 in this Act under the heading ‘‘Federal Payment to the Of20 fice of the Chief Financial Officer of the District of Colum21 bia’’, $15,000,000 from funds previously appropriated in

22 this Act under the heading ‘‘Federal Payment for Emer23 gency Planning and Security Costs in the District of Co24 lumbia’’, and $5,000,000 from funds previously appro25 priated in this Act under the heading ‘‘Federal Payment
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1 for Foster Care Improvements in the District of Columbia’’:

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

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

4 $9,300 for the City Administrator, and $9,300 for the Office

5 of the Chief Financial Officer shall be available from this

6 appropriation for official reception and representation ex7 penses: Provided further, That any program fees collected

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

9 of expenses of the debt management program of the District

10 of Columbia: Provided further, That no revenues from Fed11 eral sources shall be used to support the operations or ac12 tivities of the Statehood Commission and Statehood Com13 pact Commission: Provided further, That the District of Co14 lumbia shall identify the sources of funding for Admission

15 to Statehood from its own locally generated revenues: Pro16 vided further, That notwithstanding any other provision of

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

18 Office of the Chief Technology Officer’s delegated small pur19 chase authority shall be $500,000: Provided further, That

20 the District of Columbia government may not require the

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

22 procurement review process, or to obtain the approval of

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

24 of the District of Columbia government, for purchases that

25 do not exceed $500,000.
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1 ECONOMIC DEVELOPMENT AND REGULATION

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

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

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

5 $125,000 from private funds), of which $13,000,000 col6 lected by the District of Columbia in the form of BID tax

7 revenue shall be paid to the respective BIDs pursuant to

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

9 11–134; D.C. Official Code, sec. 2–1215.01 et seq.), and the

10 Business Improvement Districts Amendment Act of 1997

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

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

13 services provided by the General Services Administration:

14 Provided further, That Business Improvement Districts

15 shall be exempt from taxes levied by the District of Colum16 bia: Provided further, That local funds in the amount of

17 $1,200,000 shall be appropriated for the Excel Institute.

18 PUBLIC SAFETY AND JUSTICE

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

20 $760,849,000 from local funds, $7,899,000 from Federal

21 funds, $29,966,000 from other funds, and $9,000 from pri22 vate funds), in addition, $1,300,000 from funds previously

23 appropriated in this Act under the heading ‘‘Federal Pay24 ment to the Criminal Justice Coordinating Council’’: Pro25 vided, That not to exceed $500,000 shall be available from
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1 this appropriation for the Chief of Police for the prevention

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

3 shall reimburse the District of Columbia National Guard

4 for expenses incurred in connection with services that are

5 performed in emergencies by the National Guard in a mili6 tia status and are requested by the Mayor, in amounts that

7 shall be jointly determined and certified as due and payable

8 for these services by the Mayor and the Commanding Gen9 eral of the District of Columbia National Guard: Provided

10 further, That such sums as may be necessary for reimburse11 ment to the District of Columbia National Guard under the

12 preceding proviso shall be available from this appropria13 tion, and the availability of the sums shall be deemed as

14 constituting payment in advance for emergency services in15 volved.

16 PUBLIC EDUCATION SYSTEM

17 (INCLUDING TRANSFERS OF FUNDS)

18 Public education system, including the development of

19 national defense education programs, $1,266,424,000 (in20 cluding $1,058,709,000 from local funds, $194,979,000 from

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

22 from private funds to be allocated as follows:

23 (1) DISTRICT OF COLUMBIA PUBLIC SCHOOLS.—

24 $901,944,000 (including $760,494,000 from local

25 funds, $130,450,000 from Federal funds, $7,330,000
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1 from other funds, $3,670,000 from private funds, and

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

3 expended, from the Medicaid and Special Education

4 Reform Fund established pursuant to the Medicaid

5 and Special Education Reform Fund Establishment

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

7 204.51 et seq.)), and $14,000,000 from funds pre8 viously appropriated in this Act under the heading

9 ‘‘Federal Payment for School Improvement in the

10 District of Columbia’’ shall be available for District

11 of Columbia Public Schools: Provided, That notwith12 standing any other provision of law, rule, or regula13 tion, the evaluation process and instruments for eval14 uating District of Columbia Public School employees

15 shall be a non-negotiable item for collective bar16 gaining purposes: Provided further, That this appro17 priation shall not be available to subsidize the edu18 cation of any nonresident of the District of Columbia

19 at any District of Columbia public elementary or sec20 ondary school during fiscal year 2005 unless the non21 resident pays tuition to the District of Columbia at

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

23 the District of Columbia that are attributable to the

24 education of the nonresident (as established by the

25 Superintendent of the District of Columbia Public
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1 Schools): Provided further, That notwithstanding the

2 amounts otherwise provided under this heading or

3 any other provision of law, there shall be appro4 priated to the District of Columbia Public Schools on

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

6 total amount of the local funds provided for the Dis7 trict of Columbia Public Schools in the proposed

8 budget of the District of Columbia for fiscal year 2005

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

10 payment shall be chargeable against the final amount

11 provided for the District of Columbia Public Schools

12 under the District of Columbia Appropriations Act,

13 2005: Provided further, That not to exceed $9,300 for

14 the Superintendent of Schools shall be available from

15 this appropriation for official reception and represen16 tation expenses.

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

18 from local funds shall be available for the Teachers’

19 Retirement Fund.

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

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

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

23 in addition, $26,500,000 from funds previously ap24 propriated in this Act under the heading ‘‘Federal

25 Payment for Resident Tuition Support’’ and
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HR 4850 EAS

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

2 this Act under the heading ‘‘Federal Payment for

3 School Improvement in the District of Columbia’’

4 shall be available for the State Education Office: Pro5 vided, That of the amounts provided to the State

6 Education Office, $500,000 from local funds shall re7 main available until June 30, 2006 for an audit of

8 the student enrollment of each District of Columbia

9 Public School and of each District of Columbia public

10 charter school.

11 (4) DISTRICT OF COLUMBIA PUBLIC CHARTER

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

13 available for District of Columbia public charter

14 schools: Provided, That there shall be quarterly dis15 bursement of funds to the District of Columbia public

16 charter schools, with the first payment to occur with17 in 15 days of the beginning of the fiscal year: Pro18 vided further, That if the entirety of this allocation

19 has not been provided as payments to any public

20 charter schools currently in operation through the per

21 pupil funding formula, the funds shall remain avail22 able as follows: (A) the first $3,000,000 shall be depos23 ited in the Credit Enhancement Revolving Fund es24 tablished pursuant to section 603(e) of the Student

25 Loan Marketing Association Reorganization Act of
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1 1996 (Public Law 104–208; 110 Stat. 3009; 20

2 U.S.C. 1155(e)); and (B) the balance shall be for pub3 lic education in accordance with section 2403(b)(2) of

4 the District of Columbia School Reform Act of 1995

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

6 further, That of the amounts made available to Dis7 trict of Columbia public charter schools, $25,000 shall

8 be made available to the Office of the Chief Financial

9 Officer as authorized by section 2403(b)(6) of the Dis10 trict of Columbia School Reform Act of 1995 (D.C.

11 Official Code, sec. 38–1804.03(b)(6)): Provided fur12 ther, That $660,000 of this amount shall be available

13 to the District of Columbia Public Charter School

14 Board for administrative costs: Provided further,

15 That notwithstanding the amounts otherwise provided

16 under this heading or any other provision of law,

17 there shall be appropriated to the District of Colum18 bia public charter schools on July 1, 2005, an amount

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

20 funds appropriations request provided for payments

21 to public charter schools in the proposed budget of the

22 District of Columbia for fiscal year 2005 (as sub23 mitted to Congress), and the amount of such payment

24 shall be chargeable against the final amount provided

25 for such payments under the District of Columbia Ap-
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1 propriations Act, 2005: Provided further, That not2 withstanding any other provision of law, of the funds

3 appropriated herein for the District of Columbia Pub4 lic Charter Schools, the Chief Financial Officer of the

5 District of Columbia, in coordination with the Dis6 trict of Columbia Chartering Authorities for the Dis7 trict of Columbia Public Charter Schools, shall estab8 lish requirements, policies and procedures for the per9 formance of a single financial audit, to be performed

10 by one auditing firm selected by the Chief Financial

11 Officer of the District of Columbia: Provided further,

12 That beginning in fiscal year 2005, the District of

13 Columbia Chartering Authorities for the District of

14 Columbia Public Charter Schools shall implement

15 and follow these requirements (including, but not lim16 ited to, the terms and conditions), policies and proce17 dures to ensure the completion of the annual financial

18 single audit of all District of Columbia Public Char19 ter Schools conducted in accordance herewith.

20 (5) UNIVERSITY OF THE DISTRICT OF COLUMBIA

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

22 available for the University of the District of Colum23 bia: Provided, That this appropriation shall not be

24 available to subsidize the education of nonresidents of

25 the District of Columbia at the University of the Dis-
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HR 4850 EAS

1 trict of Columbia, unless the Board of Trustees of the

2 University of the District of Columbia adopts, for the

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

4 schedule that will establish the tuition rate for non5 resident students at a level no lower than the non6 resident tuition rate charged at comparable public in7 stitutions of higher education in the metropolitan

8 area: Provided further, That notwithstanding the

9 amounts otherwise provided under this heading or

10 any other provision of law, there shall be appro11 priated to the University of the District of Columbia

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

13 the total amount of the local funds appropriations re14 quest provided for the University of the District of

15 Columbia in the proposed budget of the District of Co16 lumbia for fiscal year 2005 (as submitted to Con17 gress), and the amount of such payment shall be

18 chargeable against the final amount provided for the

19 University of the District of Columbia under the Dis20 trict of Columbia Appropriations Act, 2005: Provided

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

22 of the University of the District of Columbia shall be

23 available from this appropriation for official recep24 tion and representation expenses.
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1 (6) DISTRICT OF COLUMBIA PUBLIC LIBRAR2 IES.—$30,831,000 (including $28,978,000 from local

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

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

5 Columbia Public Libraries: Provided, That not to ex6 ceed $7,500 for the Public Librarian shall be avail7 able from this appropriation for official reception and

8 representation expenses.

9 (7) COMMISSION ON THE ARTS AND HUMAN10 ITIES.—$4,941,000 (including $3,618,000 from local

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

12 from other funds) shall be available for the Commis13 sion on the Arts and Humanities.

14 HUMAN SUPPORT SERVICES

15 (INCLUDING TRANSFER OF FUNDS)

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

17 $1,165,314,000 from local funds, $1,331,670,000 from Fed18 eral funds, $27,441,000 from other funds, $9,400,000 from

19 private funds, in addition, $5,000,000 from funds pre20 viously appropriated in this Act under the heading ‘‘Fed21 eral Payment to Foster Care Improvements in the District

22 of Columbia’’: Provided, That $29,600,000 of this appro23 priation, to remain available until expended, shall be avail24 able solely for District of Columbia employees’ disability

25 compensation: Provided further, That no less than
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HR 4850 EAS

1 $8,498,720, to remain available until expended, shall be de2 posited in the Addiction Recovery Fund, established pursu3 ant to section 5 of the Choice in Drug Treatment Act of

4 2000 (D.C. Law 13–146; D.C. Official Code, sec. 7–3004)

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

6 Treatment program, established pursuant to section 4 of the

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

8 D.C. Official Code, sec. 7–3003), of which $7,500,000 shall

9 be provided from local funds: Provided further, That none

10 of the $8,498,720 for the Choice in Drug Treatment pro11 gram 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 treatment

14 services: Provided further, That no less than $2,000,000

15 shall be available to the Department of Health’s Addiction

16 Prevention and Recovery Administration exclusively for the

17 purpose of providing youth residential treatment services:

18 Provided further, That no less than $1,575,416 shall be

19 available to the Department of Health’s Addiction Preven20 tion and Recovery Administration exclusively for the pur21 pose of providing youth outpatient treatment services, of

22 which $750,000 shall be made available exclusively to pro23 vide intensive outpatient treatment slots, outpatient treat24 ment slots, and other program costs for youth in the care

25 of the Youth Services Administration: Provided further,
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HR 4850 EAS

1 That no less than $1,400,000 shall be used by the Depart2 ment of Health’s Addiction Prevention and Recovery Ad3 ministration to fund a Child and Family Services Agency

4 pilot project entitled Family Treatment Court: Provided

5 further, That $1,200,000 of local funds, to remain available

6 until expended, shall be deposited in the Adoption Voucher

7 Fund, established pursuant to section 3805(a) of the Adop8 tion Voucher Fund Act of 2000, effective October 19, 2000

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

10 be used exclusively for the purposes set forth in section

11 3805(b) of the Adoption Voucher Fund Act (D.C. Official

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

13 $300,000 shall be used by the Department of Health’s Envi14 ronmental Health Administration to operate the Total Max15 imum Daily Load program: Provided further, That no less

16 than $1,268,500 shall be used by the Department of Health’s

17 Environmental Health Administration to operate its air

18 quality programs, of which no less than $242,000 shall be

19 used to fund 4 full-time air quality employees: Provided

20 further, That the Department of Human Services, Youth

21 Services Administration shall not expend any appropriated

22 fiscal year 2005 funds until the Mayor has submitted to

23 the Council by September 30, 2004 a plan, including time

24 lines, to close the Oak Hill Youth Center at the earliest fea25 sible date. All of the above proviso amounts in this heading
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1 relate back to and are a subset of the first-referenced appro2 priation amount of $2,533,825,000.

3 PUBLIC WORKS

4 Public works, including rental of one passenger-car5 rying vehicle for use by the Mayor and three passenger-car6 rying vehicles for use by the Council of the District of Co7 lumbia and leasing of passenger-carrying vehicles,

8 $331,936,000 (including $312,035,000 from local funds,

9 $4,000,000 from Federal funds, and $15,901,000 from other

10 funds), in addition, $5,000,000 from funds previously ap11 propriated in this Act under the heading ‘‘Federal Payment

12 for Transportation Assistance’’: Provided, That this appro13 priation shall not be available for collecting ashes or mis14 cellaneous 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 from

20 local funds.

21 EMERGENCY AND CONTINGENCY RESERVE FUNDS

22 For the emergency reserve fund and the contingency

23 reserve fund under section 450A of the District of Columbia

24 Home Rule Act (D.C. Official Code, sec. 1–204.50a), such

25 additional amounts from the District’s general fund balance
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HR 4850 EAS

1 as are necessary to meet the balance requirements for funds

2 under section 450A.

3 REPAYMENT OF LOANS AND INTEREST

4 For payment of principal, interest, and certain fees

5 directly resulting from borrowing by the District of Colum6 bia to fund District of Columbia capital projects as author7 ized by sections 462, 475, and 490 of the District of Colum8 bia Home Rule Act (D.C. Official Code, secs. 1–204.62, 1–

9 204.75, and 1–204.90), $347,700,000 from local funds.

10 PAYMENT OF INTEREST ON SHORT-TERM BORROWING

11 For payment of interest on short-term borrowing,

12 $4,000,000 from local funds.

13 CERTIFICATES OF PARTICIPATION

14 For principal and interest payments on the District’s

15 Certificates of Participation, issued to finance the ground

16 lease underlying the building located at One Judiciary

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

18 SETTLEMENTS AND JUDGMENTS

19 For making refunds and for the payment of legal set20 tlements or judgments that have been entered against the

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

22 funds: Provided, That this appropriation shall not be con23 strued as modifying or affecting the provisions of section

24 103 of this Act.
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1 WILSON BUILDING

2 For expenses associated with the John A. Wilson build3 ing, $3,633,000 from local funds.

4 WORKFORCE INVESTMENTS

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

6 funds, to be transferred by the Mayor of the District of Co7 lumbia within the various appropriation headings in this

8 Act for which employees are properly payable: Provided,

9 That of this amount $3,548,000 shall remain available

10 until expended to meet the requirements of the Compensa11 tion Agreement Between the District of Columbia Govern12 ment Units 1 and 2 Approval Resolution of 2004, effective

13 February 17, 2004 (Res. 15–459; 51 DCR 2325).

14 NON-DEPARTMENTAL AGENCY

15 To account for anticipated costs that cannot be allo16 cated to specific agencies during the development of the pro17 posed budget, $13,946,000 (including $4,000,000 from local

18 funds and $9,946,000 from other funds) to be transferred

19 by the Mayor of the District of Columbia within the various

20 appropriations headings in this Act: Provided, That

21 $4,000,000 from local funds shall be for anticipated costs

22 associated with the No Child Left Behind Act.

23 PAY-AS-YOU-GO CAPITAL

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

25 financing, $6,531,000 from local funds, to be transferred to
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1 the Capital Fund, subject to the Criteria for Spending Pay2 as-You-Go Funding Amendment Act of 2003 (D.C. Act 15–

3 106): Provided, That pursuant to this Act, there are author4 ized to be transferred from Pay-As-You-Go Capital funds

5 to other headings of this Act, such sums as may be necessary

6 to carry out the purposes of this Act.

7 EMERGENCY PLANNING AND SECURITY FUND

8 For Emergency Planning and Security Fund,

9 $15,000,000 from funds previously appropriated in this Act

10 under the heading ‘‘Federal Payment for Planning and Se11 curity Costs in the District of Columbia’’.

12 OLD CONVENTION CENTER DEMOLITION RESERVE

13 For the Old Convention Center Demolition Reserve,

14 such amounts as may be necessary, not to exceed

15 $11,000,000, from the District’s general fund balance.

16 TAX INCREMENT FINANCING PROGRAM

17 For a Tax Increment Financing Program, such

18 amounts as are necessary to meet the Tax Increment Fi19 nancing requirements, not to exceed $9,710,000 from the

20 District’s general fund balance.

21 PAY-AS-YOU-GO CONTINGENCY

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

23 subject to the Criteria for Spending Pay-as-You-Go Fund24 ing Act of 2004, approved by the Council of the District

25 of Columbia on 1st reading, May 14, 2004 (Title I of Bill
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HR 4850 EAS

1 15–768), there are authorized to be transferred from the con2 tingency fund to certain other headings of this Act as nec3 essary to carry out the purposes of this Act. Expenditures

4 from the Pay-As-You-Go Contingency Fund shall be subject

5 to the approval of the Council by resolution.

6 REVISED REVENUE ESTIMATE CONTINGENCY PRIORITY

7 If the Chief Financial Officer for the District of Co8 lumbia certifies through a revised revenue estimate that

9 funds are available from local funds, such available funds

10 shall be expended as provided in the Contingency for Rec11 ordation and Transfer Tax Reduction and the Office of

12 Property Management and Library Expenditures Act of

13 2004, approved by the Council of the District of Columbia

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

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

16 $1,200,000 to the District of Columbia Public Library, up

17 to $256,000 to the D.C. Police and Firefighters Retirement

18 and Relief Board, and $132,600 for the Police and Fire

19 Clinic.

20 ENTERPRISE AND OTHER FUNDS

21 WATER AND SEWER AUTHORITY

22 For operation of the Water and Sewer Authority,

23 $287,206,000 from other funds, of which $15,180,402 shall

24 be apportioned for repayment of loans and interest incurred
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1 for capital improvement projects and payable to the Dis2 trict’s debt service fund.

3 For construction projects, $371,040,000, to be distrib4 uted as follows: $181,656,000 for the Blue Plains Waste5 water Treatment Plant, $43,800,000 for the sewer program,

6 $9,118,000 for the stormwater program, $122,627,000 for

7 the water program, and $13,839,000 for the capital equip8 ment program; in addition, $10,000,000 from funds pre9 viously appropriated in this Act under the heading ‘‘Fed10 eral Payment to the District of Columbia Water and Sewer

11 Authority’’: Provided, That the requirements and restric12 tions that are applicable to general fund capital improve13 ment projects and set forth in this Act under the Capital

14 Outlay appropriation account shall apply to projects ap15 proved under this appropriation account.

16 WASHINGTON AQUEDUCT

17 For operation of the Washington Aqueduct,

18 $47,972,000 from other funds.

19 STORMWATER PERMIT COMPLIANCE ENTERPRISE FUND

20 For operation of the Stormwater Permit Compliance

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

22 LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

23 For the Lottery and Charitable Games Enterprise

24 Fund, established by the District of Columbia Appropria25 tion Act, 1982, for the purpose of implementing the Law
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HR 4850 EAS

1 to Legalize Lotteries, Daily Numbers Games, and Bingo

2 and Raffles for Charitable Purposes in the District of Co3 lumbia (D.C. Law 3–172; D.C. Official Code, sec. 3–1301

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

5 funds: Provided, That the District of Columbia shall iden6 tify the source of funding for this appropriation title from

7 the District’s own locally generated revenues: Provided fur8 ther, That no revenues from Federal sources shall be used

9 to support the operations or activities of the Lottery and

10 Charitable Games Control Board: Provided further, That

11 the Lottery and Charitable Games Enterprise Fund is here12 by authorized to make transfers to the general fund of the

13 District of Columbia, in excess of this appropriation, if such

14 funds are available for transfer.

15 SPORTS AND ENTERTAINMENT COMMISSION

16 For the Sports and Entertainment Commission,

17 $7,322,000 from other funds: Provided, That the paragraph

18 under the heading ‘‘Sports and Entertainment Commis19 sion’’ in Public Law 108–199 (118 Stat. 125) is amended

20 by striking the term ‘‘local funds’’ and inserting the term

21 ‘‘other funds’’ in its place.

22 DISTRICT OF COLUMBIA RETIREMENT BOARD

23 For the District of Columbia Retirement Board, estab24 lished pursuant to section 121 of the District of Columbia

25 Retirement Reform Act of 1979 (D.C. Official Code, sec. 1–
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HR 4850 EAS

1 711), $15,277,000 from the earnings of the applicable retire2 ment funds to pay legal, management, investment, and

3 other fees and administrative expenses of the District of Co4 lumbia Retirement Board: Provided, That the District of

5 Columbia Retirement Board shall provide to the Congress

6 and to the Council of the District of Columbia a quarterly

7 report of the allocations of charges by fund and of expendi8 tures of all funds: Provided further, That the District of

9 Columbia Retirement Board shall provide the Mayor, for

10 transmittal to the Council of the District of Columbia, an

11 itemized accounting of the planned use of appropriated

12 funds in time for each annual budget submission and the

13 actual use of such funds in time for each annual audited

14 financial report.

15 WASHINGTON CONVENTION CENTER ENTERPRISE FUND

16 For the Washington Convention Center Enterprise

17 Fund, $77,176,000 from other funds.

18 NATIONAL CAPITAL REVITALIZATION CORPORATION

19 For the National Capital Revitalization Corporation,

20 $7,850,000 from other funds.

21 UNIVERSITY OF THE DISTRICT OF COLUMBIA

22 For the University of the District of Columbia,

23 $85,102,000 (including, $49,602,000 from local funds pre24 viously appropriated in this Act under the heading ‘‘Public

25 Education Systems’’, $15,192,000 from Federal funds,
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1 $19,434,000 from other funds, and $873,000 from private

2 funds): Provided, That this appropriation shall not be

3 available to subsidize the education of nonresidents of the

4 District of Columbia at the University of the District of

5 Columbia, unless the Board of Trustees of the University

6 of the District of Columbia adopts, for the fiscal year ending

7 September 30, 2005, a tuition rate schedule that will estab8 lish the tuition rate for nonresident students at a level no

9 lower than the nonresident tuition rate charged at com10 parable public institutions of higher education in the metro11 politan area.

12 UNEMPLOYMENT COMPENSATION FUND

13 For the Unemployment Compensation Fund,

14 $180,000,000 from other funds.

15 DISTRICT OF COLUMBIA PERSONNEL TRUST FUND

16 For the District of Columbia Personnel Trust Fund,

17 $953,000 from other funds.

18 DISTRICT OF COLUMBIA PUBLIC LIBRARY TRUST FUND

19 For the District of Columbia Public Library Trust

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

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

22 further, That $10,000 shall be for the Peabody Trust Fund.
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1 CAPITAL OUTLAY

2 (INCLUDING RESCISSIONS)

3 For construction projects, an increase of

4 $1,087,649,000, of which $839,897,000 shall be from local

5 funds, $38,542,000 from Highway Trust funds, $37,000,000

6 from the Rights-of-way funds, $172,209,000 from Federal

7 funds, and a rescission of $367,763,000 from local funds

8 appropriated under this heading in prior fiscal years, for

9 a net amount of $725,886,000, to remain available until

10 expended; in addition, $7,000,000 from funds previously

11 appropriated in this Act under the heading ‘‘Federal Pay12 ment for the Unified Communications Center’’ and

13 $3,000,000 from funds previously appropriated in this Act

14 under the heading ‘‘Federal Payment for the Anacostia Wa15 terfront Initiative’’: Provided, That funds for use of each

16 capital project implementing agency shall be managed and

17 controlled in accordance with all procedures and limita18 tions established under the Financial Management System:

19 Provided further, That all funds provided by this appro20 priation title shall be available only for the specific projects

21 and purposes intended: Provided further, That the Office

22 of the Chief Technology Officer of the District of Columbia

23 shall implement the following information technology

24 projects on behalf of the District of Columbia Public

25 Schools: Student Information System (project number
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HR 4850 EAS

1 T2240), Student Information System PCS (project number

2 T2241), Enterprise Resource Planning (project number

3 T2242), E-Rate (project number T2243), and SETS Ex4 pansion PCS (project number T2244).

5 TITLE III—GENERAL PROVISIONS

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

7 within an appropriation for particular purposes or objects

8 of expenditure, such amount, unless otherwise specified,

9 shall be considered as the maximum amount that may be

10 expended for said purpose or object rather than an amount

11 set apart exclusively therefor.

12 SEC. 302. Appropriations in this Act shall be available

13 for expenses of travel and for the payment of dues of organi14 zations concerned with the work of the District of Columbia

15 government, when authorized by the Mayor: Provided, That

16 in the case of the Council of the District of Columbia, funds

17 may be expended with the authorization of the Chairman

18 of the Council.

19 SEC. 303. There are appropriated from the applicable

20 funds of the District of Columbia such sums as may be nec21 essary for making refunds and for the payment of legal set22 tlements or judgments that have been entered against the

23 District of Columbia government.
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HR 4850 EAS

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

2 this Act shall remain available for obligation beyond the

3 current fiscal year unless expressly to provided herein.

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

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

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

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

8 Committees on Appropriations of the House of Representa9 tives and Senate, the Committee on Government Reform of

10 the House of Representatives, the Committee on Govern11 mental Affairs of the Senate, and the Council of the District

12 of Columbia, or their duly authorized representative.

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

14 Act may be used for publicity or propaganda purposes or

15 implementation of any policy including boycott designed to

16 support or defeat legislation pending before Congress or any

17 State legislature.

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

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

20 any matter.

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

23 any issue.

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

25 Act to the agencies funded by this Act, both Federal and
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HR 4850 EAS

1 District government agencies, that remain available for ob2 ligation 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 funds

7 which—

8 (1) creates new programs;

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

11 (3) establishes or changes allocations specifically

12 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, whichever

21 is less; or

22 (7) increases by 20 percent or more personnel as23 signed to a specific program, project or responsibility

24 center, unless the Committee on Appropriations of the
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HR 4850 EAS

1 House of Representatives and Senate are notified in

2 writing 15 days in advance of the reprogramming.

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

4 be available for obligation or expenditure for an agency

5 through a transfer of any local funds in excess of $1,000,000

6 from one appropriation heading to another unless the Com7 mittees on Appropriations of the House of Representatives

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

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

10 any funds transferred exceed 4 percent of the local funds

11 in the appropriations.

12 SEC. 309. Consistent with the provisions of section

13 1301(a) of title 31, United States Code, appropriations

14 under this Act shall be applied only to the objects for which

15 the appropriations were made except as otherwise provided

16 by law.

17 SEC. 310. Notwithstanding any other provisions of

18 law, the provisions of the District of Columbia Government

19 Comprehensive Merit Personnel Act of 1978 (D.C. Law 2–

20 139; D.C. Official Code, sec. 1–601.01 et seq.), enacted pur21 suant to section 422(3) of the District of Columbia Home

22 Rule Act (D.C. Official Code, sec. 1–204l.22(3)), shall apply

23 with respect to the compensation of District of Columbia

24 employees: Provided, That for pay purposes, employees of
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HR 4850 EAS

1 the District of Columbia government shall not be subject

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

3 SEC. 311. 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 of

6 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. These

9 estimates shall be used in the budget request for fiscal year

10 2005. The officially revised estimates at midyear shall be

11 used for the midyear report.

12 SEC. 312. No sole source contract with the District of

13 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 1985

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

18 that the District of Columbia government or any agency

19 thereof may renew or extend sole source contracts for which

20 competition is not feasible or practical, but only if the deter21 mination as to whether to invoke the competitive bidding

22 process has been made in accordance with duly promulgated

23 rules and procedures and has been reviewed and certified

24 by the Chief Financial Officer of the District of Columbia.
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HR 4850 EAS

1 SEC. 313. 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 of4 fices of United States Senator or United States Representa5 tive under section 4(d) of the District of Columbia State6 hood Constitutional Convention Initiatives of 1979 (D.C.

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

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

9 Act shall be expended for any abortion except where the life

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

11 to term or where the pregnancy is the result of an act of

12 rape or incest.

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

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

15 Care Benefits Expansion Act of 1992 (D.C. Law 9–114;

16 D.C. Official Code, sec. 32–701 et seq.) or to otherwise im17 plement or enforce any system of registration of unmarried,

18 cohabiting couples, including but not limited to registration

19 for the purpose of extending employment, health, or govern20 mental benefits to such couples on the same basis that such

21 benefits are extended to legally married couples.

22 SEC. 316. (a) Notwithstanding any other provision of

23 this Act, the Mayor, in consultation with the Chief Finan24 cial Officer of the District of Columbia may accept, obligate,

25 and expend Federal, private, and other grants received by
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HR 4850 EAS

1 the District government that are not reflected in the

2 amounts appropriated in this Act.

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

4 be accepted, obligated, or expended pursuant to subsection

5 (a) until—

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

7 Columbia submits to the Council a report setting

8 forth detailed information regarding such grant; and

9 (B) the Council has reviewed and approved the

10 acceptance, obligation, and expenditure of such grant.

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

12 shall be deemed to have reviewed and approved the accept13 ance, obligation, and expenditure of a grant if—

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

15 the Secretary of the Council within 14 calendar days

16 of the receipt of the report from the Chief Financial

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

18 (B) if such a notice of disapproval is filed with19 in such deadline, the Council does not by resolution

20 disapprove the acceptance, obligation, or expenditure

21 of the grant within 30 calendar days of the initial re22 ceipt of the report from the Chief Financial Officer

23 under paragraph (1)(A).

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

25 general fund or other funds of the District of Columbia gov-
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1 ernment in anticipation of the approval or receipt of a

2 grant under subsection (b)(2) or in anticipation of the ap3 proval or receipt of a Federal, private, or other grant not

4 subject to such subsection.

5 (d) The Chief Financial Officer of the District of Co6 lumbia may adjust the budget for Federal, private, and

7 other grants received by the District government reflected

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

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

10 actual amount of the grant.

11 (e) The Chief Financial Officer of the District of Co12 lumbia shall prepare a quarterly report setting forth de13 tailed information regarding all Federal, private, and other

14 grants subject to this section. Each such report shall be sub15 mitted to the Council of the District of Columbia and to

16 the Committees on Appropriations of the House of Rep17 resentatives and Senate not later than 15 days after the

18 end of the quarter covered by the report.

19 SEC. 317. (a) Except as otherwise provided in this sec20 tion, none of the funds made available by this Act or by

21 any other Act may be used to provide any officer or em22 ployee of the District of Columbia with an official vehicle

23 unless the officer or employee uses the vehicle only in the

24 performance of the officer’s or employee’s official duties. For

25 purposes of this paragraph, the term ‘‘official duties’’ does
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1 not include travel between the officer’s or employee’s resi2 dence and workplace, except in the case of—

3 (1) an officer or employee of the Metropolitan

4 Police Department who resides in the District of Co5 lumbia or is otherwise designated by the Chief of the

6 Department;

7 (2) an officer or employee of the District of Co8 lumbia Fire and Emergency Medical Services Depart9 ment who resides in the District of Columbia and is

10 on call 24 hours a day or is otherwise designated by

11 the Fire Chief;

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

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

14 of Columbia.

15 (b) The Chief Financial Officer of the District of Co16 lumbia shall submit by March 1, 2005, an inventory, as

17 of September 30, 2004, of all vehicles owned, leased or oper18 ated by the District of Columbia government. The inventory

19 shall include, but not be limited to, the department to which

20 the vehicle is assigned; the year and make of the vehicle;

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

22 vehicle; annual operating and maintenance costs; current

23 mileage; and whether the vehicle is allowed to be taken home

24 by a District officer or employee and if so, the officer or

25 employee’s title and resident location.
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1 SEC. 318. None of the funds contained in this Act may

2 be used for purposes of the annual independent audit of

3 the District of Columbia government for fiscal year 2005

4 unless—

5 (1) the audit is conducted by the Inspector Gen6 eral of the District of Columbia, in coordination with

7 the Chief Financial Officer of the District of Colum8 bia, pursuant to section 208(a)(4) of the District of

9 Columbia Procurement Practices Act of 1985 (D.C.

10 Official Code, sec. 2–302.8); and

11 (2) the audit includes as a basic financial state12 ment a comparison of audited actual year-end results

13 with the revenues submitted in the budget document

14 for such year and the appropriations enacted into law

15 for such year using the format, terminology, and clas16 sifications contained in the law making the appro17 priations for the year and its legislative history.

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

19 this Act may be used by the District of Columbia Corpora20 tion Counsel or any other officer or entity of the District

21 government to provide assistance for any petition drive or

22 civil action which seeks to require Congress to provide for

23 voting representation in Congress for the District of Colum24 bia.
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1 (b) Nothing in this section bars the District of Colum2 bia Corporation Counsel from reviewing or commenting on

3 briefs in private lawsuits, or from consulting with officials

4 of the District government regarding such lawsuits.

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

6 this Act may be used for any program of distributing sterile

7 needles or syringes for the hypodermic injection of any ille8 gal drug.

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

10 contained in this Act and who carries out any program

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

12 for such program separately from any funds contained in

13 this Act.

14 SEC. 321. None of the funds contained in this Act may

15 be used after the expiration of the 60-day period that begins

16 on the date of the enactment of this Act to pay the salary

17 of any chief financial officer of any office of the District

18 of Columbia government (including any independent agen19 cy of the District of Columbia) who has not filed a certifi20 cation with the Mayor and the Chief Financial Officer of

21 the District of Columbia that the officer understands the

22 duties and restrictions applicable to the officer and the offi23 cer’s agency as a result of this Act (and the amendments

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

25 requested either in the Act or in any of the reports accom-
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1 panying the Act and the deadline by which each report

2 must be submitted. The Chief Financial Officer of the Dis3 trict of Columbia shall provide to the Committees on Appro4 priations of the House of Representatives and Senate by

5 the 10th day after the end of each quarter a summary list

6 showing each report, the due date, and the date submitted

7 to the Committees.

8 SEC. 322. (a) None of the funds contained in this Act

9 may be used to enact or carry out any law, rule, or regula10 tion to legalize or otherwise reduce penalties associated with

11 the possession, use, or distribution of any schedule I sub12 stance under the Controlled Substances Act (21 U.S.C. 802)

13 or any tetrahydrocannabinols derivative.

14 (b) The Legalization of Marijuana for Medical Treat15 ment Initiative of 1998, also known as Initiative 59, ap16 proved by the electors of the District of Columbia on Novem17 ber 3, 1998, shall not take effect.

18 SEC. 323. Nothing in this Act may be construed to pre19 vent the Council or Mayor of the District of Columbia from

20 addressing the issue of the provision of contraceptive cov21 erage by health insurance plans, but it is the intent of Con22 gress that any legislation enacted on such issue should in23 clude a ‘‘conscience clause’’ which provides exceptions for

24 religious beliefs and moral convictions.
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1 SEC. 324. The Mayor of the District of Columbia shall

2 submit to the Committees on Appropriations of the House

3 of Representatives and Senate, the Committee on Govern4 ment Reform of the House of Representatives, and the Com5 mittee on Governmental Affairs of the Senate quarterly re6 ports addressing—

7 (1) crime, including the homicide rate, imple8 mentation of community policing, the number of po9 lice officers on local beats, and the closing down of

10 open-air drug markets;

11 (2) access to substance and alcohol abuse treat12 ment, including the number of treatment slots, the

13 number of people served, the number of people on

14 waiting lists, and the effectiveness of treatment pro15 grams;

16 (3) management of parolees and pre-trial violent

17 offenders, including the number of halfway houses es18 capes and steps taken to improve monitoring and su19 pervision of halfway house residents to reduce the

20 number of escapes to be provided in consultation with

21 the Court Services and Offender Supervision Agency

22 for the District of Columbia;

23 (4) education, including access to special edu24 cation services and student achievement to be pro25 vided in consultation with the District of Columbia
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1 Public Schools and the District of Columbia public

2 charter schools;

3 (5) improvement in basic District services, in4 cluding rat control and abatement;

5 (6) application for and management of Federal

6 grants, including the number and type of grants for

7 which the District was eligible but failed to apply

8 and the number and type of grants awarded to the

9 District but for which the District failed to spend the

10 amounts received; and

11 (7) indicators of child well-being.

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

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

14 Officer of the District of Columbia shall submit to the ap15 propriate committees of Congress, the Mayor, and the Coun16 cil of the District of Columbia a revised appropriated funds

17 operating budget in the format of the budget that the Dis18 trict of Columbia government submitted pursuant to section

19 442 of the District of Columbia Home Rule Act (D.C. Offi20 cial Code, sec. 1–204.42), for all agencies of the District of

21 Columbia government for fiscal year 2004 that is in the

22 total amount of the approved appropriation and that re23 aligns all budgeted data for personal services and other24 than-personal-services, respectively, with anticipated actual

25 expenditures.
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1 (b) APPLICABILITY.—This provision shall apply only

2 to an agency where the Chief Financial Officer of the Dis3 trict of Columbia certifies that a reallocation is required

4 to address unanticipated changes in program requirements.

5 SEC. 326. None of the funds contained in this Act may

6 be used to issue, administer, or enforce any order by the

7 District of Columbia Commission on Human Rights relat8 ing to docket numbers 93–030–(PA) and 93–031–(PA).

9 SEC. 327. Notwithstanding any other law, the District

10 of Columbia Courts shall transfer to the general treasury

11 of the District of Columbia all fines levied and collected by

12 the Courts under section 10(b)(1) and (2) of the District

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

14 2201.05(b)(1) and (2)). The transferred funds shall remain

15 available until expended and shall be used by the Office of

16 the Corporation Counsel for enforcement and prosecution

17 of District traffic alcohol laws in accordance with section

18 10(b)(3) of the District of Columbia Traffic Act (D.C. Offi19 cial Code, sec. 50–2201.05(b)(3)).

20 SEC. 328. None of the funds contained in this Act may

21 be made available to pay—

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

23 party in an action or an attorney who defends an ac24 tion, including an administrative proceeding, brought

25 against the District of Columbia Public Schools under
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1 the Individuals with Disabilities Education Act (20

2 U.S.C. 1400 et seq.) in excess of $4,000 for that ac3 tion; or

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

5 Chief Financial Officer of the District of Columbia

6 determines to have a pecuniary interest, either

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

8 in any special education diagnostic services, schools,

9 or other special education service providers.

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

11 of Columbia shall require attorneys in special education

12 cases brought under the Individuals with Disabilities Act

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

14 that the attorney or representative rendered any and all

15 services for which they receive awards, including those re16 ceived under a settlement agreement or as part of an ad17 ministrative proceeding, under the IDEA from the District

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

19 the Chief Financial Officer of the District of Columbia shall

20 require all attorneys in IDEA cases to disclose any finan21 cial, corporate, legal, memberships on boards of directors,

22 or other relationships with any special education diagnostic

23 services, schools, or other special education service providers

24 to which the attorneys have referred any clients as part of

25 this certification: Provided further, That the Chief Finan-
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1 cial Officer shall prepare and submit quarterly reports to

2 the Committees on Appropriations of the House of Rep3 resentatives and Senate on the certification of and the

4 amount paid by the government of the District of Columbia,

5 including the District of Columbia Public Schools, to attor6 neys in cases brought under IDEA: Provided further, That

7 the Inspector General of the District of Columbia may con8 duct investigations to determine the accuracy of the certifi9 cations.

10 SEC. 330. Section 401(a) and (b) of Chapter 4 of Pub11 lic Law 106–554 is hereby amended by striking paragraph

12 (5).

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

14 1723(b), 11–2102(a)(2), and the second and third sentences

15 of Section 11–1724, of the District of Columbia Official

16 Code, are hereby repealed.

17 SEC. 332. Section 11–1728 of the District of Columbia

18 Official Code, is amended to read as follows:

19 ‘‘SEC. 11–1728. RECRUITMENT AND TRAINING OF PER20 SONNEL AND TRAVEL.

21 ‘‘(a) The Executive Officer shall be responsible for re22 cruiting such qualified personnel as may be necessary for

23 the District of Columbia Courts and for providing in-serv24 ice training for court personnel.
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1 ‘‘(b) Travel under Federal supply schedules is author2 ized for the travel of court personnel on official business.

3 The joint committee shall prescribe such requirements, con4 ditions and restrictions for such travel as it considers ap5 propriate, and shall include policies and procedures for pre6 venting abuses of that travel authority.’’.

7 SEC. 333. Section 450A of the District of Columbia

8 Home Rule Act, approved December 24, 1973 (87 Stat. 803;

9 D.C. Official Code, sec. 1–204.50a), is amended as follows:

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

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

12 follows:

13 ‘‘(1) IN GENERAL.—There is established an emer14 gency cash reserve fund (‘emergency reserve fund’) as

15 an interest-bearing account (separate from other ac16 counts in the General Fund) into which the Mayor

17 shall make a deposit in cash not later than October

18 1 of each fiscal year of such an amount as may be

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

20 2 percent of the operating expenditures as defined in

21 paragraph (2) of this subsection or such amount as

22 may be required for deposit in a fiscal year in which

23 the District is replenishing the emergency reserve

24 fund pursuant to subsection (a)(7).’’.
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1 (B) Paragraph (2) is amended to read as

2 follows:

3 ‘‘(2) IN GENERAL.—For the purpose of this sub4 section, operating expenditures is defined as the

5 amount reported in the District of Columbia’s Com6 prehensive Annual Financial Report for the fiscal

7 year immediately preceding the current fiscal year as

8 the actual operating expenditure from local funds, less

9 such amounts that are attributed to debt service pay10 ments for which a separate reserve fund is already es11 tablished under this Act.’’.

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

13 follows:

14 ‘‘(7) REPLENISHMENT.—The District of Colum15 bia shall appropriate sufficient funds each fiscal year

16 in the budget process to replenish any amounts allo17 cated from the emergency reserve fund during the pre18 ceding fiscal years so that not less than 50 percent of

19 any amount allocated in the preceding fiscal year or

20 the amount necessary to restore the emergency reserve

21 fund to the 2 percent required balance, whichever is

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

23 following each such allocation and 100 percent of the

24 amount allocated or the amount necessary to restore

25 the emergency reserve fund to the 2 percent required
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1 balance, whichever is less, is replenished by the end

2 of the second fiscal year following each such alloca3 tion.’’.

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

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

6 follows:

7 ‘‘(1) IN GENERAL.—There is established a con8 tingency cash reserve fund (‘contingency reserve

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

10 other accounts in the General Fund, into which the

11 Mayor shall make a deposit in cash not later than

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

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

14 least 4 percent of the operating expenditures as de15 fined in paragraph (2) of this subsection or such

16 amount as may be required for deposit in a fiscal

17 year in which the District is replenishing the emer18 gency reserve fund pursuant to subsection (b)(6).’’.

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

20 follows:

21 ‘‘(2) IN GENERAL.—For the purpose of this sub22 section, operating expenditures is defined as the

23 amount reported in the District of Columbia’s Com24 prehensive Annual Financial Report for the fiscal

25 year immediately preceding the current fiscal year as
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1 the actual operating expenditure from local funds, less

2 such amounts that are attributed to debt service pay3 ments for which a separate reserve fund is already es4 tablished under this Act.’’.

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

6 follows:

7 ‘‘(6) REPLENISHMENT.—The District of Colum8 bia shall appropriate sufficient funds each fiscal year

9 in the budget process to replenish any amounts allo10 cated from the contingency reserve fund during the

11 preceding fiscal years so that not less than 50 percent

12 of any amount allocated in the preceding fiscal year

13 or the amount necessary to restore the contingency re14 serve fund to the 4 percent required balance, which15 ever is less, is replenished by the end of the first fiscal

16 year following each such allocation and 100 percent

17 of the amount allocated or the amount necessary to

18 restore the contingency reserve fund to the 4 percent

19 required balance, whichever is less, is replenished by

20 the end of the second fiscal year following each such

21 allocation.’’.

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

23 Officer shall re-calculate the emergency and contingency

24 cash reserve funds amount established by Section 450A of

25 the District of Columbia Home Rule Act, approved Decem-
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1 ber 24, 1973 (87 Stat. 803; D.C. Official Code, sec. 1–

2 204.50a), as amended by this Act and is authorized to

3 transfer funds between the emergency and contingency cash

4 reserve funds to reach the required percentages: Provided,

5 That for fiscal year 2005, the Chief Financial Officer may

6 transfer funds from the emergency and contingency cash re7 serve funds to the general fund of the District of Columbia

8 to the extent that such funds are not necessary to meet the

9 requirements established for each fund: Provided further,

10 That the Chief Financial Officer may not transfer funds

11 from the emergency or the contingency reserve funds to the

12 extent that such a transfer would lower the fiscal year 2005

13 total percentage below 7 percent of operating expenditures,

14 as amended by this Act.

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

16 Retirement and Disability Act, approved August 21, 1957

17 (Public Law 85–157; 71 Stat. 399; D.C. Official Code § 5–

18 732) is amended by striking the phrase ‘‘of this chapter,

19 to the extent that such benefit payments exceed the deduc20 tions from the salaries of federal employees for credit to the

21 revenues of the District of Columbia.’’ and inserting the

22 phrase ‘‘of this chapter and to reimburse the District of Co23 lumbia for the administrative costs associated with making

24 such benefit payments for credit to the revenues of the Dis25 trict of Columbia: Provided, That benefit payment reim-
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1 bursement shall only be to the extent that such benefit pay2 ments exceed the deductions from the salaries of federal em3 ployees.’’ in its place.

4 SEC. 336. Notwithstanding any other provision of this

5 Act, there is hereby appropriated for the Office of the In6 spector General such amounts in local funds, as are con7 sistent with the annual estimates for the expenditures and

8 appropriations necessary for the operation of the Office of

9 the Inspector General as prepared by the Inspector General

10 and submitted to the Mayor and forwarded to the Council

11 pursuant to D.C. Official Code 2–302.08(a)(2)(A) for fiscal

12 year 2005: Provided, That the Office of the Chief Financial

13 Officer shall take such steps as are necessary to implement

14 the provisions of this subsection.

15 SEC. 337. The authority which the Chief Financial Of16 ficer of the District of Columbia exercised with respect to

17 personnel, procurement, and the preparation of fiscal im18 pact statements during a control period (as defined in Pub19 lic Law 104–8) shall remain in effect through September

20 30, 2005.

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

22 Payment for Incentives for Adoption of Children’’ in Public

23 Law 106–113, approved November 29, 1999 (113 Stat.

24 1501), is amended to add the following proviso: ‘‘: Provided

25 further, That the funds provided under this heading for the
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1 establishment of a scholarship fund for District of Columbia

2 children of adoptive families, and District of Columbia chil3 dren without parents due to the September 11, 2001 ter4 rorist attack to be used for post high school education and

5 training, once obligated by the District to establish the

6 scholarship fund, shall remain obligated and be retained by

7 the District for 25 years from the date of obligation to allow

8 for any individual who is within the class of persons to

9 be assisted by this provision to reach post high school and

10 to present expenditures to be extinguished by the fund’’.

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

12 161(3)(E)(i) of Public Law 106–522 shall be amended to

13 include a new section known as (E)(i)(IV) to establish regu14 lations for administering lease guarantees through the cred15 it enhancement fund to public charter schools in the District

16 of Columbia.

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

18 Columbia Appropriations Act of 2003 (Public Law 108–

19 7, 117 STAT. 130) approved April 20, 2003 is amended

20 by striking the phrase, ‘‘under the authority of the Depart21 ment of Banking and Financial Institutions’’ and inserting

22 ‘‘under the authority of the Mayor’’ in its place.

23 SEC. 340. PROCESS FOR FILING CHARTER PETITIONS.

24 D.C. Code § 38–1802.01 is amended by adding a new sec25 tion (e) as follows—
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1 ‘‘(e) A petition to establish a public charter school in

2 the District of Columbia, or to convert a District of Colum3 bia public school or an existing private or independent

4 school, is a public document.’’.

5 SEC. 341. AMENDMENTS TO CHARTER SCHOOL LAW.

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

7 2201 of the District of Columbia School Reform Act of 1995

8 (D.C. Code 38–1802.01) is amended—

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

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

13 (b) EMPLOYEES.—Section 2207 of the District of Co14 lumbia School Reform Act of 1995 (D.C. Code 38–1802.07)

15 is amended by adding at the end the following:

16 ‘‘(d) TEACHERS REMAINING AT CONVERTED PUBLIC

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

18 Columbia public school that converts to a public charter

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

21 operation after receiving an extended leave of absence under

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

23 continue to be employed at the public charter school, at the

24 sole discretion of the public charter school, or shall main-
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1 tain current status within the District of Columbia public

2 school system.’’.

3 (c) PUBLIC SCHOOL SERVICES TO PUBLIC CHARTER

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

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

6 amended—

7 (1) in paragraph (1)—

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

9 as follows:

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

11 other provision of law, regulation, or order relat12 ing to the disposition of a facility or property

13 described in subparagraph (B), or to the disposi14 tion of any property of the District of Columbia,

15 the Mayor and the District of Columbia govern16 ment shall give a right of first offer, which right

17 shall be annually reinstated with respect to any

18 facility or property not previously disposed of, or

19 under contract to be disposed of, to an eligible

20 applicant whose petition to establish a public

21 charter school has been conditionally approved

22 under section 2203(d)(2), or a Board of Trustees,

23 with respect to the purchase, lease, transfer, or

24 use of a facility or property described in sub25 paragraph (B).’’;
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1 (B) by amending subparagraph (B)(iii) to

2 read as follows:

3 ‘‘(iii) With respect to which—

4 ‘‘(I) the Board of Education has

5 transferred jurisdiction to the Mayor

6 and over which the Mayor has jurisdic7 tion on the effective date of this sub8 clause; or

9 ‘‘(II) over which the Mayor or

10 any successor agency gains jurisdiction

11 after the effective date of this sub12 clause.’’; and

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

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

15 terms of purchase or lease of a facility or prop16 erty described in subparagraph (B) shall—

17 ‘‘(i) be negotiated by the Mayor;

18 ‘‘(ii) include rent or an acquisition

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

21 property (based on use of the property for

22 school purposes); and

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

24 property is to be leased, of not less than 25

25 years, and renewable for additional 25-year
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1 periods as long as the eligible applicant or

2 Board of Trustees maintains its charter.’’;

3 and

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

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

7 ‘‘(3) CONVERSION PUBLIC CHARTER SCHOOLS.—

8 Any District of Columbia public school that was ap9 proved to become a conversion public charter school

10 under section 2201 before the effective date of this sub11 section or is approved to become a conversion public

12 charter school after the effective date of this sub13 section, shall have the right to exclusively occupy the

14 facilities the school occupied as a District of Colum15 bia public school under a lease for a period of not less

16 than 25 years, renewable for additional 25-year peri17 ods as long as the school maintains its charter at the

18 non-profit rate, or if there is no non-profit rate, at

19 25 percent less than the fair market rate for school

20 use.’’.

21 SEC. 342. ANNUAL REPORT TO CONGRESS. Section

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

23 1802.11) shall be amended by:

24 (1) adding the following new subparagraph at

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

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

4 Act, including submission of the audited finan5 cial statement required by sub-subsection (B)(ix)

6 of that section.’’; and

7 (2) adding the following before the period at the

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

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

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

13 review process and outcomes; (13) summary of an14 nual financial audits of all charter schools, including

15 (a) the number of schools that failed to timely submit

16 the audited financial statement required by that sec17 tion; (b) the number of schools whose audits revealed

18 a failure to follow required accounting practices or

19 other material deficiencies; and (c) the steps taken by

20 the authority to ensure that deficiencies found by the

21 audits are rectified; (14) number of schools which

22 have required intervention by authorizing board to

23 address any academic or operational issue; (15) what

24 recommendations an authorizing board has made to

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

2 LEASE.—

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

4 the date of enactment of this Act, subject to subsection

5 (b), the Secretary of the Interior (referred to in this

6 section as the ‘‘Secretary’’) shall lease to the govern7 ment of the District of Columbia, without consider8 ation, the property described in paragraph (2).

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

10 paragraph (1) is—

11 (A) the National Park Service land in Ana12 costia Park, the boundaries of which are the

13 Anacostia River to the west, Watts Branch to the

14 south, Kenilworth Aquatic Gardens to the north,

15 and Anacostia Avenue to the east (US Reserva16 tions 325 and 343, Section G); and

17 (B) the community center under the juris18 diction of the District of Columbia known as the

19 ‘‘Kenilworth Parkside Community Center’’.

20 (b) CONDITIONS OF LEASE.—

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

22 shall be for a period of 50 years.

23 (2) TRANSFER OF TITLE.—The lease under sub24 section (a)(1) shall be subject to such terms and con25 ditions, to be included in the lease, as are necessary
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1 to ensure that the property leased under that

2 subsection—

3 (A) may be subleased by the District of Co4 lumbia to any public entity or private not-for5 profit corporation under a public process; and

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

7 recreational facilities, open space, or public out8 door recreational opportunities.

9 (C) Nothing in the Act precludes the Dis10 trict of Columbia from entering into a sublease

11 for all or part of the property with a public not12 for-profit entity for the management or mainte13 nance of the property.

14 (3) TERMINATION.—

15 (A) IN GENERAL.—The lease under sub16 section (a)(1) shall terminate if—

17 (i) any term or condition of the lease

18 described in paragraph (2) is violated, as

19 determined by the Secretary; and

20 (ii) the violation is not corrected by the

21 date that is 90 days after the date on which

22 the Mayor of the District of Columbia re23 ceives from the Secretary a written notice of

24 the violation.
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1 (B) DETERMINATION OF CORRECTION.—A

2 violation of a term or condition of the lease

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

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

5 if, after notification of the violation, the District

6 of Columbia and the Secretary enter into an

7 agreement that the Secretary considers to be ade8 quate to ensure that the property leased will be

9 used in a manner consistent with paragraph (2).

10 (4) PROHIBITION OF CIVIL ACTIONS.—No person

11 may bring a civil action relating to a violation any

12 term or condition of the lease described in paragraph

13 (2) before the date that is 90 days after the person no14 tifies the Mayor of the District of Columbia of the al15 leged violation (including the intent of the person to

16 bring a civil action for termination of the lease under

17 paragraph (3)).

18 (5) REMOVAL OF STRUCTURES; REHABILITA19 TION.—The lease under subsection (a)(1) shall be sub20 ject to the condition that, in the event of a termi21 nation of the lease under paragraph (3), the District

22 of Columbia shall bear the cost of removing structures

23 on, or rehabilitating, the property leased.

24 (6) ADMINISTRATION OF PROPERTY.—If the lease

25 under subsection (a)(1) is terminated under para-
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1 graph (3), the property covered by the lease shall be

2 administered by the Secretary as a unit of the Na3 tional Park System in the District of Columbia in ac4 cordance with—

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

6 known as the ‘‘National Park Service Organic

7 Act’’) (16 U.S.C. 1 et seq.); and

8 (B) other laws (including regulations) gen9 erally applicable to units of the National Park

10 System.

11 SEC. 344. BIENNIAL EVALUATION OF CHARTER

12 SCHOOL AUTHORIZING BOARDS. (a) Biennial management

13 evaluation of the District of Columbia Chartering Authori14 ties for the District of Columbia Public Charter Schools

15 shall be conducted by the Comptroller General of the United

16 States.

17 (b) Evaluation shall include the following:

18 (1) Establish standards to assess each author19 izer’s procedures and oversight quality;

20 (2) Identify gaps in oversight and recommenda21 tions;

22 (3) Review processes of charter school applica23 tions;

24 (4) Extent of ongoing monitoring, technical as25 sistance, and sanctions provided to schools;
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1 (5) Compliance with annual reporting require2 ments;

3 (6) Actual budget expenditures for the preceding

4 two fiscal years;

5 (7) Comparison of budget expenditures with

6 mandated responsibilities;

7 (8) Alignment with best practices; and

8 (9) Quality and timeliness of meeting Section

9 2211(d) of the School Reform Act of 1995 (D.C. Code

10 38–1802.11(d)), as amended.

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

12 Government Accountability Office shall submit to the Com13 mittees on Appropriations of the House of Representatives

14 and Senate, no later than May 1, 2005, a baseline report

15 on the performance of each authorizer in meeting the re16 quirements of the School Reform Act of 1995.

17 (d) Hereafter Section 2214(f) of Public Law 104–143

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

19 Columbia Board of Education Charter Schools Office.

20 SEC. 345. CLARIFYING OPERATIONS OF PUBLIC CHAR21 TER SCHOOL BOARD. Section 2214 of the School Reform

22 Act of 1995 (Public Law 104–134; D.C. Code 38–1802.14),

23 is amended—

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

25 following:
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1 ‘‘(f) AUDIT.—The Board shall maintain its accounts

2 according to Generally Accepted Accounting Principles for

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

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

5 independent certified public accountant in accordance with

6 Government auditing standards for financial audits issued

7 by the Comptroller General of the United States. The find8 ings and recommendations of any such audit shall be for9 warded to the Mayor, the District of Columbia Council, the

10 appropriate congressional committees, and the Office of the

11 Chief Financial Officer.’’; and

12 (2) adding at the end the following:

13 ‘‘(h) CONTRACTING AND PROCUREMENT.—The Board

14 shall have the authority to solicit, award, and execute con15 tracts independently of the Office of Contracting and Pro16 curement and the Chief Procurement Officer. Nothing in

17 chapter 3 of title 2 of the District of Columbia Code shall

18 affect the authority of the Board under this subsection.’’.

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

20 Appropriations Act, 2005’’.

Attest:

Secretary.
108TH CONGRESS

2D SESSION H. R. 4850

AMENDMENT