In the Senate of the United States,
September 22, 2004.
Resolved, That the bill from the House of Representa-
tives (H.R. 4850) entitled ‘‘An Act making appropriations for
the government of the District of Columbia and other activi-
ties 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:
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
District of Columbia and related agencies for the fiscal year
ending September 30, 2005, and for other purposes, namely:
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HR 4850 EAS
TITLE I—FEDERAL FUNDS
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
For a Federal payment to the District of Columbia,
to be deposited into a dedicated account, for a nationwide
program to be administered by the Mayor, for District of
Columbia resident tuition support, $21,200,000, to remain
available until expended: Provided, That such funds, in-
cluding any interest accrued thereon, may be used on behalf
of eligible District of Columbia residents to pay an amount
based upon the difference between in-State and out-of-State
tuition at public institutions of higher education, or to pay
up to $2,500 each year at eligible private institutions of
higher education: Provided further, That the awarding of
such funds may be prioritized on the basis of a resident’s
academic merit, the income and need of eligible students
and such other factors as may be authorized: Provided fur-
ther, That the District of Columbia government shall main-
tain a dedicated account for the Resident Tuition Support
Program that shall consist of the Federal funds appro-
priated to the Program in this Act and any subsequent ap-
propriations, any unobligated balances from prior fiscal
years, and any interest earned in this or any fiscal year:
Provided further, That the account shall be under the con-
trol of the District of Columbia Chief Financial Officer who
shall use those funds solely for the purposes of carrying out
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the Resident Tuition Support Program: Provided further,
That the Office of the Chief Financial Officer shall provide
a quarterly financial report to the Committees on Appro-
priations of the House of Representatives and Senate for
these funds showing, by object class, the expenditures made
and the purpose therefor: Provided further, That not more
than 7 percent of the total amount appropriated for this
program may be used for administrative expenses.
FEDERAL PAYMENT FOR EMERGENCY PLANNING AND
SECURITY COSTS IN THE DISTRICT OF COLUMBIA
For necessary expenses, as determined by the Mayor
of the District of Columbia in written consultation with the
elected county or city officials of surrounding jurisdictions,
$15,000,000, to remain available until expended, to reim-
burse the District of Columbia for the costs of providing
public safety at events related to the presence of the national
capital in the District of Columbia and for the costs of pro-
viding support to respond to immediate and specific ter-
rorist threats or attacks in the District of Columbia or sur-
rounding jurisdictions: Provided, That any amount pro-
vided under this heading shall be available only after notice
of its proposed use has been transmitted by the President
to Congress and such amount has been apportioned pursu-
ant to chapter 15 of title 31, United States Code.
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FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA
COURTS
For salaries and expenses for the District of Columbia
Courts, $195,010,000, to be allocated as follows: for the Dis-
trict of Columbia Court of Appeals, $8,952,000, of which
not to exceed $1,500 is for official reception and representa-
tion expenses; for the District of Columbia Superior Court,
$84,948,000, of which not to exceed $1,500 is for official
reception and representation expenses; for the District of
Columbia Court System, $40,699,000, of which not to ex-
ceed $1,500 is for official reception and representation ex-
penses; and $60,411,000, to remain available until Sep-
tember 30, 2005, for capital improvements for District of
Columbia courthouse facilities: Provided, That funds made
available for capital improvements shall be expended con-
sistent with the General Services Administration master
plan study and building evaluation report: Provided fur-
ther, That notwithstanding any other provision of law, a
single contract or related contracts for development and
construction of facilities may be employed which collectively
include the full scope of the project: Provided further, That
the solicitation and contract shall contain the clause ‘‘avail-
ability of funds’’ found at 48 CFR 52.232–18: Provided fur-
ther, That notwithstanding any other provision of law, all
amounts under this heading shall be apportioned quarterly
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HR 4850 EAS
by the Office of Management and Budget and obligated and
expended in the same manner as funds appropriated for
salaries and expenses of other Federal agencies, with payroll
and financial services to be provided on a contractual basis
with the General Services Administration (GSA), said serv-
ices to include the preparation of monthly financial reports,
copies of which shall be submitted directly by GSA to the
President and to the Committees on Appropriations of the
House of Representatives and Senate, the Committee on
Government Reform of the House of Representatives, and
the Committee on Governmental Affairs of the Senate: Pro-
vided further, That 30 days after providing written notice
to the Committees on Appropriations of the House of Rep-
resentatives and Senate, the District of Columbia Courts
may reallocate not more than $1,000,000 of the funds pro-
vided under this heading among the items and entities
funded under such heading for operations, and not more
than 4 percent of the funds provided under this heading
for facilities.
DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS
For payments authorized under section 11–2604 and
section 11–2605, D.C. Official Code (relating to representa-
tion provided under the District of Columbia Criminal Jus-
tice Act), payments for counsel appointed in proceedings
in the Family Court of the Superior Court of the District
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of Columbia under chapter 23 of title 16, D.C. Official
Code, or pursuant to contractual agreements to provide
guardian ad litem representation, training, technical as-
sistance and/or such other services as are necessary to im-
prove the quality of guardian ad litem representation, pay-
ments for counsel appointed in adoption proceedings under
chapter 3 of title 16, D.C. Code, and payments for counsel
authorized under section 21–2060, D.C. Official Code (relat-
ing to representation provided under the District of Colum-
bia Guardianship, Protective Proceedings, and Durable
Power of Attorney Act of 1986), $34,500,000, to remain
available until expended: Provided, That the funds provided
in this Act under the heading ‘‘Federal Payment to the Dis-
trict of Columbia Courts’’ (other than the $53,011,000 pro-
vided under such heading for capital improvements for Dis-
trict of Columbia courthouse facilities) may also be used
for payments under this heading: Provided further, That
in addition to the funds provided under this heading, the
Joint Committee on Judicial Administration in the Dis-
trict of Columbia shall use funds provided in this Act under
the heading ‘‘Federal Payment to the District of Columbia
Courts’’ (other than the $53,011,000 provided under such
heading for capital improvements for District of Columbia
courthouse facilities), to make payments described under
this heading for obligations incurred during any fiscal
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year: Provided further, That funds provided under this
heading shall be administered by the Joint Committee on
Judicial Administration in the District of Columbia: Pro-
vided further, That notwithstanding any other provision of
law, this appropriation shall be apportioned quarterly by
the Office of Management and Budget and obligated and
expended in the same manner as funds appropriated for
expenses of other Federal agencies, with payroll and finan-
cial services to be provided on a contractual basis with the
General Services Administration (GSA), said services to in-
clude the preparation of monthly financial reports, copies
of which shall be submitted directly by GSA to the President
and to the Committees on Appropriations of the House of
Representatives and Senate, the Committee on Government
Reform of the House of Representatives, and the Committee
on Governmental Affairs of the Senate.
FEDERAL PAYMENT TO THE COURT SERVICES AND OF-
FENDER SUPERVISION AGENCY FOR THE DISTRICT OF
COLUMBIA
(INCLUDING TRANSFER OF FUNDS)
For salaries and expenses, including the transfer and
hire of motor vehicles, of the Court Services and Offender
Supervision Agency for the District of Columbia and the
Public Defender Service for the District of Columbia, as au-
thorized by the National Capital Revitalization and Self-
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Government Improvement Act of 1997, $182,490,000, of
which not to exceed $2,000 is for official reception and rep-
resentation expenses related to Community Supervision and
Pretrial Services Agency programs; of which not to exceed
$25,000 is for dues and assessments relating to the imple-
mentation of the Court Services and Offender Supervision
Agency Interstate Supervision Act of 2002; of which
$113,343,000 shall be for necessary expenses of Community
Supervision and Sex Offender Registration, to include ex-
penses relating to the supervision of adults subject to protec-
tion orders or the provision of services for or related to such
persons; of which $39,314,000 shall be available to the Pre-
trial Services Agency; and of which $29,833,000 shall be
transferred to the Public Defender Service for the District
of Columbia: Provided, That $1,100,000 shall be to lower
supervision caseload ratios to 25:1 for special population
offenders: Provided further, That $200,000 shall be to ex-
pand monitoring of offenders using global position system
technology: Provided further, That notwithstanding any
other provision of law, all amounts under this heading shall
be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner
as funds appropriated for salaries and expenses of other
Federal agencies: Provided further, That notwithstanding
chapter 12 of title 40, United States Code, the Director may
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acquire by purchase, lease, condemnation, or donation, and
renovate as necessary, Building Number 17, 1900 Massa-
chusetts Avenue, Southeast, Washington, District of Colum-
bia to house or supervise offenders and defendants, with
funds made available for this purpose in Public Law 107–
96: Provided further, That the Director is authorized to ac-
cept and use gifts in the form of in-kind contributions of
space and hospitality to support offender and defendant
programs, and equipment and vocational training services
to educate and train offenders and defendants: Provided
further, That the Director shall keep accurate and detailed
records of the acceptance and use of any gift or donation
under the previous proviso, and shall make such records
available for audit and public inspection: Provided further,
That the Court Services and Offender Supervision Agency
Director is authorized to accept and use reimbursement
from the D.C. Government for space and services provided
on a cost reimbursement basis: Provided further, That the
Public Defender Service is authorized to charge fees to cover
cost of materials distributed to attendees of educational
events, including conferences, sponsored by the Public De-
fender Service, and notwithstanding 31 U.S.C. 3302, said
fees shall be credited to the Public Defender Service account
to be available for use without further appropriation.
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FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA
WATER AND SEWER AUTHORITY
For a Federal payment to the District of Columbia
Water and Sewer Authority, $10,000,000, to remain avail-
able until expended, to continue implementation of the
Combined Sewer Overflow Long-Term Plan: Provided, That
the District of Columbia Water and Sewer Authority pro-
vides a 100 percent match for this payment.
FEDERAL PAYMENT FOR THE ANACOSTIA WATERFRONT
INITIATIVE
For a Federal payment to the District of Columbia
Department of Transportation, $3,000,000, to remain
available until September 30, 2006, for design and con-
struction of a continuous pedestrian and bicycle trail sys-
tem from the Potomac River to the District’s border with
Maryland.
FEDERAL PAYMENT TO THE CRIMINAL JUSTICE
COORDINATING COUNCIL
For a Federal payment to the Criminal Justice Co-
ordinating Council, $1,300,000, to remain available until
expended, to support initiatives related to the coordination
of Federal and local criminal justice resources in the Dis-
trict of Columbia.
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FEDERAL PAYMENT FOR THE UNIFIED COMMUNICATIONS
CENTER
For a Federal payment to the District of Columbia,
$7,000,000, to remain available until expended, shall be for
the Unified Communications Center.
FEDERAL PAYMENT FOR TRANSPORTATION ASSISTANCE
For a Federal payment to the District of Columbia
Department of Transportation, $5,000,000, of which
$1,000,000 shall be allocated to implement a downtown
circulator transit system, and of which $4,000,000 shall be
to offset a portion of the District of Columbia’s allocated
operating subsidy payment to the Washington Metropolitan
Area Transit Authority.
FEDERAL PAYMENT FOR FOSTER CARE IMPROVEMENTS IN
THE DISTRICT OF COLUMBIA
For a Federal payment to the District of Columbia
for foster care improvements, $5,000,000, to remain avail-
able until expended: Provided, That $3,250,000 shall be for
the Child and Family Services Agency, of which $2,000,000
shall be for the early intervention program to provide inten-
sive and immediate services for foster children; of which
$750,000 shall be for the emergency support fund to pur-
chase services or technology necessary to allow children to
remain in the care of an approved and licensed family
member; of which $500,000 shall be for technology upgrades:
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Provided further, That $1,250,000 shall be for the Depart-
ment of Mental Health to provide all court-ordered or agen-
cy-required mental health screenings, assessments and treat-
ments for children under the supervision of the Child and
Family Services Agency: Provided further, That $500,000
shall be for the Washington Metropolitan Council of Govern-
ments, to continue a program in conjunction with the Fos-
ter and Adoptive Parents Advocacy Center, to provide res-
pite care for and recruitment of foster parents: Provided
further, That these Federal funds shall supplement and not
supplant local funds for the purposes described under this
heading.
FEDERAL PAYMENT TO THE OFFICE OF THE CHIEF
FINANCIAL OFFICER OF THE DISTRICT OF COLUMBIA
For a Federal payment to the Office of the Chief Fi-
nancial Officer of the District of Columbia, $32,500,000:
Provided, That these funds shall be available for the projects
and in the amounts specified in the statement of the man-
agers on the conference report accompanying this Act: Pro-
vided further, That each entity that receives funding under
this heading shall submit to the Office of the Chief Finan-
cial Officer of the District of Columbia and the Committees
on Appropriations of the House of Representatives and Sen-
ate a report on the activities to be carried out with such
funds no later than March 15, 2005.