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(6) DISTRICT
OF
COLUMBIA
PUBLIC
LIBRAR-
IES.—$30,831,000 (including $28,978,000 from local
funds, $1,093,000 from Federal funds, and $651,000
from other funds) shall be available for the District of
Columbia Public Libraries: Provided, That not to ex-
ceed $7,500 for the Public Librarian shall be avail-
able from this appropriation for official reception and
representation expenses.
(7) COMMISSION
ON
THE
ARTS
AND
HUMAN-
ITIES.—$4,941,000 (including $3,618,000 from local
funds, $523,000 from Federal funds, and $800,000
from other funds) shall be available for the Commis-
sion on the Arts and Humanities.
HUMAN SUPPORT SERVICES
(INCLUDING TRANSFER OF FUNDS)
Human support services, $2,533,825,000 (including
$1,165,314,000 from local funds, $1,331,670,000 from Fed-
eral funds, $27,441,000 from other funds, $9,400,000 from
private funds, in addition, $5,000,000 from funds pre-
viously appropriated in this Act under the heading ‘‘Fed-
eral Payment to Foster Care Improvements in the District
of Columbia’’: Provided, That $29,600,000 of this appro-
priation, to remain available until expended, shall be avail-
able solely for District of Columbia employees’ disability
compensation: Provided further, That no less than
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$8,498,720, to remain available until expended, shall be de-
posited in the Addiction Recovery Fund, established pursu-
ant to section 5 of the Choice in Drug Treatment Act of
2000 (D.C. Law 13–146; D.C. Official Code, sec. 7–3004)
and used exclusively for the purpose of the Choice in Drug
Treatment program, established pursuant to section 4 of the
Choice in Drug Treatment Act of 2000 (D.C. Law 13–146;
D.C. Official Code, sec. 7–3003), of which $7,500,000 shall
be provided from local funds: Provided further, That none
of the $8,498,720 for the Choice in Drug Treatment pro-
gram shall be used by the Department of Health’s Addiction
Prevention and Recovery Administration to provide youth
residential treatment services or youth outpatient treatment
services: Provided further, That no less than $2,000,000
shall be available to the Department of Health’s Addiction
Prevention and Recovery Administration exclusively for the
purpose of providing youth residential treatment services:
Provided further, That no less than $1,575,416 shall be
available to the Department of Health’s Addiction Preven-
tion and Recovery Administration exclusively for the pur-
pose of providing youth outpatient treatment services, of
which $750,000 shall be made available exclusively to pro-
vide intensive outpatient treatment slots, outpatient treat-
ment slots, and other program costs for youth in the care
of the Youth Services Administration: Provided further,
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That no less than $1,400,000 shall be used by the Depart-
ment of Health’s Addiction Prevention and Recovery Ad-
ministration to fund a Child and Family Services Agency
pilot project entitled Family Treatment Court: Provided
further, That $1,200,000 of local funds, to remain available
until expended, shall be deposited in the Adoption Voucher
Fund, established pursuant to section 3805(a) of the Adop-
tion Voucher Fund Act of 2000, effective October 19, 2000
(D.C. Law 13–172; D.C. Official Code, sec. 4–344(a)), to
be used exclusively for the purposes set forth in section
3805(b) of the Adoption Voucher Fund Act (D.C. Official
Code, sec. 4–344(b)): Provided further, That no less than
$300,000 shall be used by the Department of Health’s Envi-
ronmental Health Administration to operate the Total Max-
imum Daily Load program: Provided further, That no less
than $1,268,500 shall be used by the Department of Health’s
Environmental Health Administration to operate its air
quality programs, of which no less than $242,000 shall be
used to fund 4 full-time air quality employees: Provided
further, That the Department of Human Services, Youth
Services Administration shall not expend any appropriated
fiscal year 2005 funds until the Mayor has submitted to
the Council by September 30, 2004 a plan, including time
lines, to close the Oak Hill Youth Center at the earliest fea-
sible date. All of the above proviso amounts in this heading
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relate back to and are a subset of the first-referenced appro-
priation amount of $2,533,825,000.
PUBLIC WORKS
Public works, including rental of one passenger-car-
rying vehicle for use by the Mayor and three passenger-car-
rying vehicles for use by the Council of the District of Co-
lumbia 
and 
leasing 
of 
passenger-carrying 
vehicles,
$331,936,000 (including $312,035,000 from local funds,
$4,000,000 from Federal funds, and $15,901,000 from other
funds), in addition, $5,000,000 from funds previously ap-
propriated in this Act under the heading ‘‘Federal Payment
for Transportation Assistance’’: Provided, That this appro-
priation shall not be available for collecting ashes or mis-
cellaneous refuse from hotels and places of business.
CASH RESERVE
For the cumulative cash reserve established pursuant
to section 202(j)(2) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995
(D.C. Official Code, sec. 47–392.02(j)(2)), $50,000,000 from
local funds.
EMERGENCY AND CONTINGENCY RESERVE FUNDS
For the emergency reserve fund and the contingency
reserve fund under section 450A of the District of Columbia
Home Rule Act (D.C. Official Code, sec. 1–204.50a), such
additional amounts from the District’s general fund balance
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as are necessary to meet the balance requirements for funds
under section 450A.
REPAYMENT OF LOANS AND INTEREST
For payment of principal, interest, and certain fees
directly resulting from borrowing by the District of Colum-
bia to fund District of Columbia capital projects as author-
ized by sections 462, 475, and 490 of the District of Colum-
bia Home Rule Act (D.C. Official Code, secs. 1–204.62, 1–
204.75, and 1–204.90), $347,700,000 from local funds.
PAYMENT OF INTEREST ON SHORT-TERM BORROWING
For payment of interest on short-term borrowing,
$4,000,000 from local funds.
CERTIFICATES OF PARTICIPATION
For principal and interest payments on the District’s
Certificates of Participation, issued to finance the ground
lease underlying the building located at One Judiciary
Square, $11,252,000 from local funds.
SETTLEMENTS AND JUDGMENTS
For making refunds and for the payment of legal set-
tlements or judgments that have been entered against the
District of Columbia government, $20,270,000 from local
funds: Provided, That this appropriation shall not be con-
strued as modifying or affecting the provisions of section
103 of this Act.
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WILSON BUILDING
For expenses associated with the John A. Wilson build-
ing, $3,633,000 from local funds.
WORKFORCE INVESTMENTS
For workforce investments, $38,114,000 from local
funds, to be transferred by the Mayor of the District of Co-
lumbia within the various appropriation headings in this
Act for which employees are properly payable: Provided,
That of this amount $3,548,000 shall remain available
until expended to meet the requirements of the Compensa-
tion Agreement Between the District of Columbia Govern-
ment Units 1 and 2 Approval Resolution of 2004, effective
February 17, 2004 (Res. 15–459; 51 DCR 2325).
NON-DEPARTMENTAL AGENCY
To account for anticipated costs that cannot be allo-
cated to specific agencies during the development of the pro-
posed budget, $13,946,000 (including $4,000,000 from local
funds and $9,946,000 from other funds) to be transferred
by the Mayor of the District of Columbia within the various
appropriations headings in this Act: Provided, That
$4,000,000 from local funds shall be for anticipated costs
associated with the No Child Left Behind Act.
PAY-AS-YOU-GO CAPITAL
For Pay-As-You-Go Capital funds in lieu of capital
financing, $6,531,000 from local funds, to be transferred to
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the Capital Fund, subject to the Criteria for Spending Pay-
as-You-Go Funding Amendment Act of 2003 (D.C. Act 15–
106): Provided, That pursuant to this Act, there are author-
ized to be transferred from Pay-As-You-Go Capital funds
to other headings of this Act, such sums as may be necessary
to carry out the purposes of this Act.
EMERGENCY PLANNING AND SECURITY FUND
For Emergency Planning and Security Fund,
$15,000,000 from funds previously appropriated in this Act
under the heading ‘‘Federal Payment for Planning and Se-
curity Costs in the District of Columbia’’.
OLD CONVENTION CENTER DEMOLITION RESERVE
For the Old Convention Center Demolition Reserve,
such amounts as may be necessary, not to exceed
$11,000,000, from the District’s general fund balance.
TAX INCREMENT FINANCING PROGRAM
For a Tax Increment Financing Program, such
amounts as are necessary to meet the Tax Increment Fi-
nancing requirements, not to exceed $9,710,000 from the
District’s general fund balance.
PAY-AS-YOU-GO CONTINGENCY
For Pay-As-You-Go Contingency Fund, $43,137,000,
subject to the Criteria for Spending Pay-as-You-Go Fund-
ing Act of 2004, approved by the Council of the District
of Columbia on 1st reading, May 14, 2004 (Title I of Bill
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15–768), there are authorized to be transferred from the con-
tingency fund to certain other headings of this Act as nec-
essary to carry out the purposes of this Act. Expenditures
from the Pay-As-You-Go Contingency Fund shall be subject
to the approval of the Council by resolution.
REVISED REVENUE ESTIMATE CONTINGENCY PRIORITY
If the Chief Financial Officer for the District of Co-
lumbia certifies through a revised revenue estimate that
funds are available from local funds, such available funds
shall be expended as provided in the Contingency for Rec-
ordation and Transfer Tax Reduction and the Office of
Property Management and Library Expenditures Act of
2004, approved by the Council of the District of Columbia
on 1st reading, May 14, 2004 (Bill 15–768), including up
to $2,000,000 to the Office of Property Management, up to
$1,200,000 to the District of Columbia Public Library, up
to $256,000 to the D.C. Police and Firefighters Retirement
and Relief Board, and $132,600 for the Police and Fire
Clinic.
ENTERPRISE AND OTHER FUNDS
WATER AND SEWER AUTHORITY
For operation of the Water and Sewer Authority,
$287,206,000 from other funds, of which $15,180,402 shall
be apportioned for repayment of loans and interest incurred
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for capital improvement projects and payable to the Dis-
trict’s debt service fund.
For construction projects, $371,040,000, to be distrib-
uted as follows: $181,656,000 for the Blue Plains Waste-
water Treatment Plant, $43,800,000 for the sewer program,
$9,118,000 for the stormwater program, $122,627,000 for
the water program, and $13,839,000 for the capital equip-
ment program; in addition, $10,000,000 from funds pre-
viously appropriated in this Act under the heading ‘‘Fed-
eral Payment to the District of Columbia Water and Sewer
Authority’’: Provided, That the requirements and restric-
tions that are applicable to general fund capital improve-
ment projects and set forth in this Act under the Capital
Outlay appropriation account shall apply to projects ap-
proved under this appropriation account.
WASHINGTON AQUEDUCT
For 
operation 
of 
the 
Washington 
Aqueduct,
$47,972,000 from other funds.
STORMWATER PERMIT COMPLIANCE ENTERPRISE FUND
For operation of the Stormwater Permit Compliance
Enterprise Fund, $3,792,000 from other funds.
LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND
For the Lottery and Charitable Games Enterprise
Fund, established by the District of Columbia Appropria-
tion Act, 1982, for the purpose of implementing the Law
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to Legalize Lotteries, Daily Numbers Games, and Bingo
and Raffles for Charitable Purposes in the District of Co-
lumbia (D.C. Law 3–172; D.C. Official Code, sec. 3–1301
et seq. and sec. 22–1716 et seq.), $247,000,000 from other
funds: Provided, That the District of Columbia shall iden-
tify the source of funding for this appropriation title from
the District’s own locally generated revenues: Provided fur-
ther, That no revenues from Federal sources shall be used
to support the operations or activities of the Lottery and
Charitable Games Control Board: Provided further, That
the Lottery and Charitable Games Enterprise Fund is here-
by authorized to make transfers to the general fund of the
District of Columbia, in excess of this appropriation, if such
funds are available for transfer.
SPORTS AND ENTERTAINMENT COMMISSION
For the Sports and Entertainment Commission,
$7,322,000 from other funds: Provided, That the paragraph
under the heading ‘‘Sports and Entertainment Commis-
sion’’ in Public Law 108–199 (118 Stat. 125) is amended
by striking the term ‘‘local funds’’ and inserting the term
‘‘other funds’’ in its place.
DISTRICT OF COLUMBIA RETIREMENT BOARD
For the District of Columbia Retirement Board, estab-
lished pursuant to section 121 of the District of Columbia
Retirement Reform Act of 1979 (D.C. Official Code, sec. 1–
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711), $15,277,000 from the earnings of the applicable retire-
ment funds to pay legal, management, investment, and
other fees and administrative expenses of the District of Co-
lumbia Retirement Board: Provided, That the District of
Columbia Retirement Board shall provide to the Congress
and to the Council of the District of Columbia a quarterly
report of the allocations of charges by fund and of expendi-
tures of all funds: Provided further, That the District of
Columbia Retirement Board shall provide the Mayor, for
transmittal to the Council of the District of Columbia, an
itemized accounting of the planned use of appropriated
funds in time for each annual budget submission and the
actual use of such funds in time for each annual audited
financial report.
WASHINGTON CONVENTION CENTER ENTERPRISE FUND
For the Washington Convention Center Enterprise
Fund, $77,176,000 from other funds.
NATIONAL CAPITAL REVITALIZATION CORPORATION
For the National Capital Revitalization Corporation,
$7,850,000 from other funds.
UNIVERSITY OF THE DISTRICT OF COLUMBIA
For the University of the District of Columbia,
$85,102,000 (including, $49,602,000 from local funds pre-
viously appropriated in this Act under the heading ‘‘Public
Education Systems’’, $15,192,000 from Federal funds,
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$19,434,000 from other funds, and $873,000 from private
funds): Provided, That this appropriation shall not be
available to subsidize the education of nonresidents of the
District of Columbia at the University of the District of
Columbia, unless the Board of Trustees of the University
of the District of Columbia adopts, for the fiscal year ending
September 30, 2005, a tuition rate schedule that will estab-
lish the tuition rate for nonresident students at a level no
lower than the nonresident tuition rate charged at com-
parable public institutions of higher education in the metro-
politan area.
UNEMPLOYMENT COMPENSATION FUND
For 
the 
Unemployment 
Compensation 
Fund,
$180,000,000 from other funds.
DISTRICT OF COLUMBIA PERSONNEL TRUST FUND
For the District of Columbia Personnel Trust Fund,
$953,000 from other funds.
DISTRICT OF COLUMBIA PUBLIC LIBRARY TRUST FUND
For the District of Columbia Public Library Trust
Fund, $17,000 from other funds: Provided, That $7,000
shall be for the Theodore W. Noyes Trust Fund: Provided
further, That $10,000 shall be for the Peabody Trust Fund.
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CAPITAL OUTLAY
(INCLUDING RESCISSIONS)
For 
construction 
projects, 
an 
increase 
of
$1,087,649,000, of which $839,897,000 shall be from local
funds, $38,542,000 from Highway Trust funds, $37,000,000
from the Rights-of-way funds, $172,209,000 from Federal
funds, and a rescission of $367,763,000 from local funds
appropriated under this heading in prior fiscal years, for
a net amount of $725,886,000, to remain available until
expended; in addition, $7,000,000 from funds previously
appropriated in this Act under the heading ‘‘Federal Pay-
ment for the Unified Communications Center’’ and
$3,000,000 from funds previously appropriated in this Act
under the heading ‘‘Federal Payment for the Anacostia Wa-
terfront Initiative’’: Provided, That funds for use of each
capital project implementing agency shall be managed and
controlled in accordance with all procedures and limita-
tions established under the Financial Management System:
Provided further, That all funds provided by this appro-
priation title shall be available only for the specific projects
and purposes intended: Provided further, That the Office
of the Chief Technology Officer of the District of Columbia
shall implement the following information technology
projects on behalf of the District of Columbia Public
Schools: Student Information System (project number
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T2240), Student Information System PCS (project number
T2241), Enterprise Resource Planning (project number
T2242), E-Rate (project number T2243), and SETS Ex-
pansion PCS (project number T2244).
TITLE III—GENERAL PROVISIONS
SEC. 301. Whenever in this Act, an amount is specified
within an appropriation for particular purposes or objects
of expenditure, such amount, unless otherwise specified,
shall be considered as the maximum amount that may be
expended for said purpose or object rather than an amount
set apart exclusively therefor.
SEC. 302. Appropriations in this Act shall be available
for expenses of travel and for the payment of dues of organi-
zations concerned with the work of the District of Columbia
government, when authorized by the Mayor: Provided, That
in the case of the Council of the District of Columbia, funds
may be expended with the authorization of the Chairman
of the Council.
SEC. 303. There are appropriated from the applicable
funds of the District of Columbia such sums as may be nec-
essary for making refunds and for the payment of legal set-
tlements or judgments that have been entered against the
District of Columbia government.
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SEC. 304. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly to provided herein.
SEC. 305. None of the funds appropriated in this Act
shall be made available to pay the salary of any employee
of the District of Columbia government whose name, title,
grade, and salary are not available for inspection by the
Committees on Appropriations of the House of Representa-
tives and Senate, the Committee on Government Reform of
the House of Representatives, the Committee on Govern-
mental Affairs of the Senate, and the Council of the District
of Columbia, or their duly authorized representative.
SEC. 306. None of the Federal funds provided in this
Act may be used for publicity or propaganda purposes or
implementation of any policy including boycott designed to
support or defeat legislation pending before Congress or any
State legislature.
SEC. 307. (a) None of the Federal funds provided in
this Act may be used to carry out lobbying activities on
any matter.
(b) Nothing in this section may be construed to pro-
hibit any elected official from advocating with respect to
any issue.
SEC. 308. (a) None of the funds provided under this
Act to the agencies funded by this Act, both Federal and
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District government agencies, that remain available for ob-
ligation or expenditure in fiscal year 2005, or provided
from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or ex-
penditures for an agency through a reprogramming of funds
which—
(1) creates new programs;
(2) eliminates a program, project, or responsi-
bility center;
(3) establishes or changes allocations specifically
denied, limited or increased under this Act;
(4) increases funds or personnel by any means
for any program, project, or responsibility center for
which funds have been denied or restricted;
(5) reestablishes any program or project pre-
viously deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of
funds in excess of $1,000,000 or 10 percent, whichever
is less; or
(7) increases by 20 percent or more personnel as-
signed to a specific program, project or responsibility
center, unless the Committee on Appropriations of the
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House of Representatives and Senate are notified in
writing 15 days in advance of the reprogramming.
(b) None of the local funds contained in this Act may
be available for obligation or expenditure for an agency
through a transfer of any local funds in excess of $1,000,000
from one appropriation heading to another unless the Com-
mittees on Appropriations of the House of Representatives
and Senate are notified in writing 15 days in advance of
the transfer, except that in no event may the amount of
any funds transferred exceed 4 percent of the local funds
in the appropriations.
SEC. 309. Consistent with the provisions of section
1301(a) of title 31, United States Code, appropriations
under this Act shall be applied only to the objects for which
the appropriations were made except as otherwise provided
by law.
SEC. 310. Notwithstanding any other provisions of
law, the provisions of the District of Columbia Government
Comprehensive Merit Personnel Act of 1978 (D.C. Law 2–
139; D.C. Official Code, sec. 1–601.01 et seq.), enacted pur-
suant to section 422(3) of the District of Columbia Home
Rule Act (D.C. Official Code, sec. 1–204l.22(3)), shall apply
with respect to the compensation of District of Columbia
employees: Provided, That for pay purposes, employees of
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the District of Columbia government shall not be subject
to the provisions of title 5, United States Code.
SEC. 311. No later than 30 days after the end of the
first quarter of fiscal year 2005, the Mayor of the District
of Columbia shall submit to the Council of the District of
Columbia and the Committees on Appropriations of the
House of Representatives and Senate the new fiscal year
2005 revenue estimates as of the end of such quarter. These
estimates shall be used in the budget request for fiscal year
2005. The officially revised estimates at midyear shall be
used for the midyear report.
SEC. 312. No sole source contract with the District of
Columbia government or any agency thereof may be re-
newed or extended without opening that contract to the
competitive bidding process as set forth in section 303 of
the District of Columbia Procurement Practices Act of 1985
(D.C. Law 6–85; D.C. Official Code, sec. 2–303.03), except
that the District of Columbia government or any agency
thereof may renew or extend sole source contracts for which
competition is not feasible or practical, but only if the deter-
mination as to whether to invoke the competitive bidding
process has been made in accordance with duly promulgated
rules and procedures and has been reviewed and certified
by the Chief Financial Officer of the District of Columbia.
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SEC. 313. None of the Federal funds provided in this
Act may be used by the District of Columbia to provide
for salaries, expenses, or other costs associated with the of-
fices of United States Senator or United States Representa-
tive under section 4(d) of the District of Columbia State-
hood Constitutional Convention Initiatives of 1979 (D.C.
Law 3–171; D.C. Official Code, sec. 1–123).
SEC. 314. None of the funds appropriated under this
Act shall be expended for any abortion except where the life
of the mother would be endangered if the fetus were carried
to term or where the pregnancy is the result of an act of
rape or incest.
SEC. 315. None of the Federal funds made available
in this Act may be used to implement or enforce the Health
Care Benefits Expansion Act of 1992 (D.C. Law 9–114;
D.C. Official Code, sec. 32–701 et seq.) or to otherwise im-
plement or enforce any system of registration of unmarried,
cohabiting couples, including but not limited to registration
for the purpose of extending employment, health, or govern-
mental benefits to such couples on the same basis that such
benefits are extended to legally married couples.
SEC. 316. (a) Notwithstanding any other provision of
this Act, the Mayor, in consultation with the Chief Finan-
cial Officer of the District of Columbia may accept, obligate,
and expend Federal, private, and other grants received by
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the District government that are not reflected in the
amounts appropriated in this Act.
(b)(1) No such Federal, private, or other grant may
be accepted, obligated, or expended pursuant to subsection
(a) until—
(A) the Chief Financial Officer of the District of
Columbia submits to the Council a report setting
forth detailed information regarding such grant; and
(B) the Council has reviewed and approved the
acceptance, obligation, and expenditure of such grant.
(2) For purposes of paragraph (1)(B), the Council
shall be deemed to have reviewed and approved the accept-
ance, obligation, and expenditure of a grant if—
(A) no written notice of disapproval is filed with
the Secretary of the Council within 14 calendar days
of the receipt of the report from the Chief Financial
Officer under paragraph (1)(A); or
(B) if such a notice of disapproval is filed with-
in such deadline, the Council does not by resolution
disapprove the acceptance, obligation, or expenditure
of the grant within 30 calendar days of the initial re-
ceipt of the report from the Chief Financial Officer
under paragraph (1)(A).
(c) No amount may be obligated or expended from the
general fund or other funds of the District of Columbia gov-
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ernment in anticipation of the approval or receipt of a
grant under subsection (b)(2) or in anticipation of the ap-
proval or receipt of a Federal, private, or other grant not
subject to such subsection.
(d) The Chief Financial Officer of the District of Co-
lumbia may adjust the budget for Federal, private, and
other grants received by the District government reflected
in the amounts appropriated in this Act, or approved and
received under subsection (b)(2) to reflect a change in the
actual amount of the grant.
(e) The Chief Financial Officer of the District of Co-
lumbia shall prepare a quarterly report setting forth de-
tailed information regarding all Federal, private, and other
grants subject to this section. Each such report shall be sub-
mitted to the Council of the District of Columbia and to
the Committees on Appropriations of the House of Rep-
resentatives and Senate not later than 15 days after the
end of the quarter covered by the report.
SEC. 317. (a) Except as otherwise provided in this sec-
tion, none of the funds made available by this Act or by
any other Act may be used to provide any officer or em-
ployee of the District of Columbia with an official vehicle
unless the officer or employee uses the vehicle only in the
performance of the officer’s or employee’s official duties. For
purposes of this paragraph, the term ‘‘official duties’’ does
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not include travel between the officer’s or employee’s resi-
dence and workplace, except in the case of—
(1) an officer or employee of the Metropolitan
Police Department who resides in the District of Co-
lumbia or is otherwise designated by the Chief of the
Department;
(2) an officer or employee of the District of Co-
lumbia Fire and Emergency Medical Services Depart-
ment who resides in the District of Columbia and is
on call 24 hours a day or is otherwise designated by
the Fire Chief;
(3) the Mayor of the District of Columbia; and
(4) the Chairman of the Council of the District
of Columbia.
(b) The Chief Financial Officer of the District of Co-
lumbia shall submit by March 1, 2005, an inventory, as
of September 30, 2004, of all vehicles owned, leased or oper-
ated by the District of Columbia government. The inventory
shall include, but not be limited to, the department to which
the vehicle is assigned; the year and make of the vehicle;
the acquisition date and cost; the general condition of the
vehicle; annual operating and maintenance costs; current
mileage; and whether the vehicle is allowed to be taken home
by a District officer or employee and if so, the officer or
employee’s title and resident location.
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SEC. 318. None of the funds contained in this Act may
be used for purposes of the annual independent audit of
the District of Columbia government for fiscal year 2005
unless—
(1) the audit is conducted by the Inspector Gen-
eral of the District of Columbia, in coordination with
the Chief Financial Officer of the District of Colum-
bia, pursuant to section 208(a)(4) of the District of
Columbia Procurement Practices Act of 1985 (D.C.
Official Code, sec. 2–302.8); and
(2) the audit includes as a basic financial state-
ment a comparison of audited actual year-end results
with the revenues submitted in the budget document
for such year and the appropriations enacted into law
for such year using the format, terminology, and clas-
sifications contained in the law making the appro-
priations for the year and its legislative history.
SEC. 319. (a) None of the Federal funds contained in
this Act may be used by the District of Columbia Corpora-
tion Counsel or any other officer or entity of the District
government to provide assistance for any petition drive or
civil action which seeks to require Congress to provide for
voting representation in Congress for the District of Colum-
bia.
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(b) Nothing in this section bars the District of Colum-
bia Corporation Counsel from reviewing or commenting on
briefs in private lawsuits, or from consulting with officials
of the District government regarding such lawsuits.
SEC. 320. (a) None of the Federal funds contained in
this Act may be used for any program of distributing sterile
needles or syringes for the hypodermic injection of any ille-
gal drug.
(b) Any individual or entity who receives any funds
contained in this Act and who carries out any program
described in subsection (a) shall account for all funds used
for such program separately from any funds contained in
this Act.
SEC. 321. None of the funds contained in this Act may
be used after the expiration of the 60-day period that begins
on the date of the enactment of this Act to pay the salary
of any chief financial officer of any office of the District
of Columbia government (including any independent agen-
cy of the District of Columbia) who has not filed a certifi-
cation with the Mayor and the Chief Financial Officer of
the District of Columbia that the officer understands the
duties and restrictions applicable to the officer and the offi-
cer’s agency as a result of this Act (and the amendments
made by this Act), including any duty to prepare a report
requested either in the Act or in any of the reports accom-
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panying the Act and the deadline by which each report
must be submitted. The Chief Financial Officer of the Dis-
trict of Columbia shall provide to the Committees on Appro-
priations of the House of Representatives and Senate by
the 10th day after the end of each quarter a summary list
showing each report, the due date, and the date submitted
to the Committees.
SEC. 322. (a) None of the funds contained in this Act
may be used to enact or carry out any law, rule, or regula-
tion to legalize or otherwise reduce penalties associated with
the possession, use, or distribution of any schedule I sub-
stance under the Controlled Substances Act (21 U.S.C. 802)
or any tetrahydrocannabinols derivative.
(b) The Legalization of Marijuana for Medical Treat-
ment Initiative of 1998, also known as Initiative 59, ap-
proved by the electors of the District of Columbia on Novem-
ber 3, 1998, shall not take effect.
SEC. 323. Nothing in this Act may be construed to pre-
vent the Council or Mayor of the District of Columbia from
addressing the issue of the provision of contraceptive cov-
erage by health insurance plans, but it is the intent of Con-
gress that any legislation enacted on such issue should in-
clude a ‘‘conscience clause’’ which provides exceptions for
religious beliefs and moral convictions.
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SEC. 324. The Mayor of the District of Columbia shall
submit to the Committees on Appropriations of the House
of Representatives and Senate, the Committee on Govern-
ment Reform of the House of Representatives, and the Com-
mittee on Governmental Affairs of the Senate quarterly re-
ports addressing—
(1) crime, including the homicide rate, imple-
mentation of community policing, the number of po-
lice officers on local beats, and the closing down of
open-air drug markets;
(2) access to substance and alcohol abuse treat-
ment, including the number of treatment slots, the
number of people served, the number of people on
waiting lists, and the effectiveness of treatment pro-
grams;
(3) management of parolees and pre-trial violent
offenders, including the number of halfway houses es-
capes and steps taken to improve monitoring and su-
pervision of halfway house residents to reduce the
number of escapes to be provided in consultation with
the Court Services and Offender Supervision Agency
for the District of Columbia;
(4) education, including access to special edu-
cation services and student achievement to be pro-
vided in consultation with the District of Columbia
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Public Schools and the District of Columbia public
charter schools;
(5) improvement in basic District services, in-
cluding rat control and abatement;
(6) application for and management of Federal
grants, including the number and type of grants for
which the District was eligible but failed to apply
and the number and type of grants awarded to the
District but for which the District failed to spend the
amounts received; and
(7) indicators of child well-being.
SEC. 325. (a) No later than 30 calendar days after
the date of the enactment of this Act, the Chief Financial
Officer of the District of Columbia shall submit to the ap-
propriate committees of Congress, the Mayor, and the Coun-
cil of the District of Columbia a revised appropriated funds
operating budget in the format of the budget that the Dis-
trict of Columbia government submitted pursuant to section
442 of the District of Columbia Home Rule Act (D.C. Offi-
cial Code, sec. 1–204.42), for all agencies of the District of
Columbia government for fiscal year 2004 that is in the
total amount of the approved appropriation and that re-
aligns all budgeted data for personal services and other-
than-personal-services, respectively, with anticipated actual
expenditures.
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(b) APPLICABILITY.—This provision shall apply only
to an agency where the Chief Financial Officer of the Dis-
trict of Columbia certifies that a reallocation is required
to address unanticipated changes in program requirements.
SEC. 326. None of the funds contained in this Act may
be used to issue, administer, or enforce any order by the
District of Columbia Commission on Human Rights relat-
ing to docket numbers 93–030–(PA) and 93–031–(PA).
SEC. 327. Notwithstanding any other law, the District
of Columbia Courts shall transfer to the general treasury
of the District of Columbia all fines levied and collected by
the Courts under section 10(b)(1) and (2) of the District
of Columbia Traffic Act (D.C. Official Code, sec. 50–
2201.05(b)(1) and (2)). The transferred funds shall remain
available until expended and shall be used by the Office of
the Corporation Counsel for enforcement and prosecution
of District traffic alcohol laws in accordance with section
10(b)(3) of the District of Columbia Traffic Act (D.C. Offi-
cial Code, sec. 50–2201.05(b)(3)).
SEC. 328. None of the funds contained in this Act may
be made available to pay—
(1) the fees of an attorney who represents a
party in an action or an attorney who defends an ac-
tion, including an administrative proceeding, brought
against the District of Columbia Public Schools under
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the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.) in excess of $4,000 for that ac-
tion; or
(2) the fees of an attorney or firm whom the
Chief Financial Officer of the District of Columbia
determines to have a pecuniary interest, either
through an attorney, officer or employee of the firm,
in any special education diagnostic services, schools,
or other special education service providers.
SEC. 329. The Chief Financial Officer of the District
of Columbia shall require attorneys in special education
cases brought under the Individuals with Disabilities Act
(IDEA) in the District of Columbia to certify in writing
that the attorney or representative rendered any and all
services for which they receive awards, including those re-
ceived under a settlement agreement or as part of an ad-
ministrative proceeding, under the IDEA from the District
of Columbia: Provided, That as part of the certification,
the Chief Financial Officer of the District of Columbia shall
require all attorneys in IDEA cases to disclose any finan-
cial, corporate, legal, memberships on boards of directors,
or other relationships with any special education diagnostic
services, schools, or other special education service providers
to which the attorneys have referred any clients as part of
this certification: Provided further, That the Chief Finan-
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cial Officer shall prepare and submit quarterly reports to
the Committees on Appropriations of the House of Rep-
resentatives and Senate on the certification of and the
amount paid by the government of the District of Columbia,
including the District of Columbia Public Schools, to attor-
neys in cases brought under IDEA: Provided further, That
the Inspector General of the District of Columbia may con-
duct investigations to determine the accuracy of the certifi-
cations.
SEC. 330. Section 401(a) and (b) of Chapter 4 of Pub-
lic Law 106–554 is hereby amended by striking paragraph
(5).
SEC. 331. Sections 11–1701(b)(5), 11–1704(b), 11–
1723(b), 11–2102(a)(2), and the second and third sentences
of Section 11–1724, of the District of Columbia Official
Code, are hereby repealed.
SEC. 332. Section 11–1728 of the District of Columbia
Official Code, is amended to read as follows:
‘‘SEC. 11–1728. RECRUITMENT AND TRAINING OF PER-
SONNEL AND TRAVEL.
‘‘(a) The Executive Officer shall be responsible for re-
cruiting such qualified personnel as may be necessary for
the District of Columbia Courts and for providing in-serv-
ice training for court personnel.
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‘‘(b) Travel under Federal supply schedules is author-
ized for the travel of court personnel on official business.
The joint committee shall prescribe such requirements, con-
ditions and restrictions for such travel as it considers ap-
propriate, and shall include policies and procedures for pre-
venting abuses of that travel authority.’’.
SEC. 333. Section 450A of the District of Columbia
Home Rule Act, approved December 24, 1973 (87 Stat. 803;
D.C. Official Code, sec. 1–204.50a), is amended as follows:
(1) Subsection (a) is amended as follows:
(A) Paragraph (1) is amended to read as
follows:
‘‘(1) IN GENERAL.—There is established an emer-
gency cash reserve fund (‘emergency reserve fund’) as
an interest-bearing account (separate from other ac-
counts in the General Fund) into which the Mayor
shall make a deposit in cash not later than October
1 of each fiscal year of such an amount as may be
required to maintain a balance in the fund of at least
2 percent of the operating expenditures as defined in
paragraph (2) of this subsection or such amount as
may be required for deposit in a fiscal year in which
the District is replenishing the emergency reserve
fund pursuant to subsection (a)(7).’’.
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(B) Paragraph (2) is amended to read as
follows:
‘‘(2) IN GENERAL.—For the purpose of this sub-
section, operating expenditures is defined as the
amount reported in the District of Columbia’s Com-
prehensive Annual Financial Report for the fiscal
year immediately preceding the current fiscal year as
the actual operating expenditure from local funds, less
such amounts that are attributed to debt service pay-
ments for which a separate reserve fund is already es-
tablished under this Act.’’.
(C) Paragraph (7) is amended to read as
follows:
‘‘(7) REPLENISHMENT.—The District of Colum-
bia shall appropriate sufficient funds each fiscal year
in the budget process to replenish any amounts allo-
cated from the emergency reserve fund during the pre-
ceding fiscal years so that not less than 50 percent of
any amount allocated in the preceding fiscal year or
the amount necessary to restore the emergency reserve
fund to the 2 percent required balance, whichever is
less, is replenished by the end of the first fiscal year
following each such allocation and 100 percent of the
amount allocated or the amount necessary to restore
the emergency reserve fund to the 2 percent required
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balance, whichever is less, is replenished by the end
of the second fiscal year following each such alloca-
tion.’’.
(2) Subsection (b) is amended as follows:
(A) Paragraph (1) is amended to read as
follows:
‘‘(1) IN GENERAL.—There is established a con-
tingency cash reserve fund (‘contingency reserve
fund’) as an interest-bearing account, separate from
other accounts in the General Fund, into which the
Mayor shall make a deposit in cash not later than
October 1 of each fiscal year of such amount as may
be required to maintain a balance in the fund of at
least 4 percent of the operating expenditures as de-
fined in paragraph (2) of this subsection or such
amount as may be required for deposit in a fiscal
year in which the District is replenishing the emer-
gency reserve fund pursuant to subsection (b)(6).’’.
(B) Paragraph (2) is amended to read as
follows:
‘‘(2) IN GENERAL.—For the purpose of this sub-
section, operating expenditures is defined as the
amount reported in the District of Columbia’s Com-
prehensive Annual Financial Report for the fiscal
year immediately preceding the current fiscal year as
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the actual operating expenditure from local funds, less
such amounts that are attributed to debt service pay-
ments for which a separate reserve fund is already es-
tablished under this Act.’’.
(C) Paragraph (6) is amended to read as
follows:
‘‘(6) REPLENISHMENT.—The District of Colum-
bia shall appropriate sufficient funds each fiscal year
in the budget process to replenish any amounts allo-
cated from the contingency reserve fund during the
preceding fiscal years so that not less than 50 percent
of any amount allocated in the preceding fiscal year
or the amount necessary to restore the contingency re-
serve fund to the 4 percent required balance, which-
ever is less, is replenished by the end of the first fiscal
year following each such allocation and 100 percent
of the amount allocated or the amount necessary to
restore the contingency reserve fund to the 4 percent
required balance, whichever is less, is replenished by
the end of the second fiscal year following each such
allocation.’’.
SEC. 334. For fiscal year 2005, the Chief Financial
Officer shall re-calculate the emergency and contingency
cash reserve funds amount established by Section 450A of
the District of Columbia Home Rule Act, approved Decem-
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ber 24, 1973 (87 Stat. 803; D.C. Official Code, sec. 1–
204.50a), as amended by this Act and is authorized to
transfer funds between the emergency and contingency cash
reserve funds to reach the required percentages: Provided,
That for fiscal year 2005, the Chief Financial Officer may
transfer funds from the emergency and contingency cash re-
serve funds to the general fund of the District of Columbia
to the extent that such funds are not necessary to meet the
requirements established for each fund: Provided further,
That the Chief Financial Officer may not transfer funds
from the emergency or the contingency reserve funds to the
extent that such a transfer would lower the fiscal year 2005
total percentage below 7 percent of operating expenditures,
as amended by this Act.
SEC. 335. Section 6 of the Policemen and Firemen’s
Retirement and Disability Act, approved August 21, 1957
(Public Law 85–157; 71 Stat. 399; D.C. Official Code § 5–
732) is amended by striking the phrase ‘‘of this chapter,
to the extent that such benefit payments exceed the deduc-
tions from the salaries of federal employees for credit to the
revenues of the District of Columbia.’’ and inserting the
phrase ‘‘of this chapter and to reimburse the District of Co-
lumbia for the administrative costs associated with making
such benefit payments for credit to the revenues of the Dis-
trict of Columbia: Provided, That benefit payment reim-
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bursement shall only be to the extent that such benefit pay-
ments exceed the deductions from the salaries of federal em-
ployees.’’ in its place.
SEC. 336. Notwithstanding any other provision of this
Act, there is hereby appropriated for the Office of the In-
spector General such amounts in local funds, as are con-
sistent with the annual estimates for the expenditures and
appropriations necessary for the operation of the Office of
the Inspector General as prepared by the Inspector General
and submitted to the Mayor and forwarded to the Council
pursuant to D.C. Official Code 2–302.08(a)(2)(A) for fiscal
year 2005: Provided, That the Office of the Chief Financial
Officer shall take such steps as are necessary to implement
the provisions of this subsection.
SEC. 337. The authority which the Chief Financial Of-
ficer of the District of Columbia exercised with respect to
personnel, procurement, and the preparation of fiscal im-
pact statements during a control period (as defined in Pub-
lic Law 104–8) shall remain in effect through September
30, 2005.
SEC. 338. The paragraph under the heading ‘‘Federal
Payment for Incentives for Adoption of Children’’ in Public
Law 106–113, approved November 29, 1999 (113 Stat.
1501), is amended to add the following proviso: ‘‘: Provided
further, That the funds provided under this heading for the
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establishment of a scholarship fund for District of Columbia
children of adoptive families, and District of Columbia chil-
dren without parents due to the September 11, 2001 ter-
rorist attack to be used for post high school education and
training, once obligated by the District to establish the
scholarship fund, shall remain obligated and be retained by
the District for 25 years from the date of obligation to allow
for any individual who is within the class of persons to
be assisted by this provision to reach post high school and
to present expenditures to be extinguished by the fund’’.
SEC. 339. AUTHORITY
OF OPCSFS. (a) Section
161(3)(E)(i) of Public Law 106–522 shall be amended to
include a new section known as (E)(i)(IV) to establish regu-
lations for administering lease guarantees through the cred-
it enhancement fund to public charter schools in the District
of Columbia.
(b) The first sentence of section 143 of the District of
Columbia Appropriations Act of 2003 (Public Law 108–
7, 117 STAT. 130) approved April 20, 2003 is amended
by striking the phrase, ‘‘under the authority of the Depart-
ment of Banking and Financial Institutions’’ and inserting
‘‘under the authority of the Mayor’’ in its place.
SEC. 340. PROCESS FOR FILING CHARTER PETITIONS.
D.C. Code § 38–1802.01 is amended by adding a new sec-
tion (e) as follows—
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‘‘(e) A petition to establish a public charter school in
the District of Columbia, or to convert a District of Colum-
bia public school or an existing private or independent
school, is a public document.’’.
SEC. 341. AMENDMENTS TO CHARTER SCHOOL LAW.
(a) PROCESS FOR FILING CHARTER PETITIONS.—Section
2201 of the District of Columbia School Reform Act of 1995
(D.C. Code 38–1802.01) is amended—
(1) in subsection (a)(3)(B), by striking ‘‘two-
thirds’’ and inserting ‘‘51 percent’’; and
(2) in subsection (b)(3)(B), by striking ‘‘two-
thirds’’ and inserting ‘‘51 percent’’.
(b) EMPLOYEES.—Section 2207 of the District of Co-
lumbia School Reform Act of 1995 (D.C. Code 38–1802.07)
is amended by adding at the end the following:
‘‘(d) TEACHERS REMAINING AT CONVERTED PUBLIC
CHARTER SCHOOLS.—A teacher employed at a District of
Columbia public school that converts to a public charter
school under section 2201 shall have the option of remain-
ing at the charter school during the school’s first year of
operation after receiving an extended leave of absence under
subsection (a)(1). After this 1-year period, the teacher may
continue to be employed at the public charter school, at the
sole discretion of the public charter school, or shall main-
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tain current status within the District of Columbia public
school system.’’.
(c) PUBLIC SCHOOL SERVICES TO PUBLIC CHARTER
SCHOOLS.—Section 2209(b) of the District of Columbia
School Reform Act of 1995 (D.C. Code 38–1802.09(b)) is
amended—
(1) in paragraph (1)—
(A) by amending subparagraph (A) to read
as follows:
‘‘(A) IN
GENERAL.—Notwithstanding any
other provision of law, regulation, or order relat-
ing to the disposition of a facility or property
described in subparagraph (B), or to the disposi-
tion of any property of the District of Columbia,
the Mayor and the District of Columbia govern-
ment shall give a right of first offer, which right
shall be annually reinstated with respect to any
facility or property not previously disposed of, or
under contract to be disposed of, to an eligible
applicant whose petition to establish a public
charter school has been conditionally approved
under section 2203(d)(2), or a Board of Trustees,
with respect to the purchase, lease, transfer, or
use of a facility or property described in sub-
paragraph (B).’’;
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(B) by amending subparagraph (B)(iii) to
read as follows:
‘‘(iii) With respect to which—
‘‘(I) the Board of Education has
transferred jurisdiction to the Mayor
and over which the Mayor has jurisdic-
tion on the effective date of this sub-
clause; or
‘‘(II) over which the Mayor or
any successor agency gains jurisdiction
after the effective date of this sub-
clause.’’; and
(C) by adding at the end the following:
‘‘(C) TERMS OF PURCHASE OR LEASE.—The
terms of purchase or lease of a facility or prop-
erty described in subparagraph (B) shall—
‘‘(i) be negotiated by the Mayor;
‘‘(ii) include rent or an acquisition
price, as applicable, that is at least 25 per-
cent less than the appraised value of the
property (based on use of the property for
school purposes); and
‘‘(iii) include a lease period, if the
property is to be leased, of not less than 25
years, and renewable for additional 25-year
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periods as long as the eligible applicant or
Board of Trustees maintains its charter.’’;
and
(2) in paragraph (2)(A), by striking ‘‘pref-
erence’’ and inserting ‘‘a right to first offer’’; and
(3) by adding at the end the following:
‘‘(3) CONVERSION PUBLIC CHARTER SCHOOLS.—
Any District of Columbia public school that was ap-
proved to become a conversion public charter school
under section 2201 before the effective date of this sub-
section or is approved to become a conversion public
charter school after the effective date of this sub-
section, shall have the right to exclusively occupy the
facilities the school occupied as a District of Colum-
bia public school under a lease for a period of not less
than 25 years, renewable for additional 25-year peri-
ods as long as the school maintains its charter at the
non-profit rate, or if there is no non-profit rate, at
25 percent less than the fair market rate for school
use.’’.
SEC. 342. ANNUAL REPORT TO CONGRESS. Section
2211 of the School Reform Act of 1995 (D.C. Code 38–
1802.11) shall be amended by:
(1) adding the following new subparagraph at
the end of section 2211(a)(1):
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‘‘(D) Shall ensure that each public charter
school complies with the annual reporting re-
quirement of subsection 38–1802.04(b)(11) of this
Act, including submission of the audited finan-
cial statement required by sub-subsection (B)(ix)
of that section.’’; and
(2) adding the following before the period at the
end of subparagraph (d): ‘‘(10) details of major
Board actions; (11) major findings from school re-
views of academic, financial, and compliance with
health and safety standards and resulting Board ac-
tion or recommendations; (12) details of the fifth year
review process and outcomes; (13) summary of an-
nual financial audits of all charter schools, including
(a) the number of schools that failed to timely submit
the audited financial statement required by that sec-
tion; (b) the number of schools whose audits revealed
a failure to follow required accounting practices or
other material deficiencies; and (c) the steps taken by
the authority to ensure that deficiencies found by the
audits are rectified; (14) number of schools which
have required intervention by authorizing board to
address any academic or operational issue; (15) what
recommendations an authorizing board has made to
correct identified deficiencies’’.
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SEC. 343. LEASE TO DISTRICT OF COLUMBIA. (a)
LEASE.—
(1) IN GENERAL.—Not later than 90 days after
the date of enactment of this Act, subject to subsection
(b), the Secretary of the Interior (referred to in this
section as the ‘‘Secretary’’) shall lease to the govern-
ment of the District of Columbia, without consider-
ation, the property described in paragraph (2).
(2) PROPERTY.—The property referred to in
paragraph (1) is—
(A) the National Park Service land in Ana-
costia Park, the boundaries of which are the
Anacostia River to the west, Watts Branch to the
south, Kenilworth Aquatic Gardens to the north,
and Anacostia Avenue to the east (US Reserva-
tions 325 and 343, Section G); and
(B) the community center under the juris-
diction of the District of Columbia known as the
‘‘Kenilworth Parkside Community Center’’.
(b) CONDITIONS OF LEASE.—
(1) TERM.—The lease under subsection (a)(1)
shall be for a period of 50 years.
(2) TRANSFER OF TITLE.—The lease under sub-
section (a)(1) shall be subject to such terms and con-
ditions, to be included in the lease, as are necessary
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to ensure that the property leased under that
subsection—
(A) may be subleased by the District of Co-
lumbia to any public entity or private not-for-
profit corporation under a public process; and
(B) is used only for the provision of public
recreational facilities, open space, or public out-
door recreational opportunities.
(C) Nothing in the Act precludes the Dis-
trict of Columbia from entering into a sublease
for all or part of the property with a public not-
for-profit entity for the management or mainte-
nance of the property.
(3) TERMINATION.—
(A) IN
GENERAL.—The lease under sub-
section (a)(1) shall terminate if—
(i) any term or condition of the lease
described in paragraph (2) is violated, as
determined by the Secretary; and
(ii) the violation is not corrected by the
date that is 90 days after the date on which
the Mayor of the District of Columbia re-
ceives from the Secretary a written notice of
the violation.
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(B) DETERMINATION
OF
CORRECTION.—A
violation of a term or condition of the lease
under subsection (a)(1) shall be determined to
have been corrected under subparagraph (A)(ii)
if, after notification of the violation, the District
of Columbia and the Secretary enter into an
agreement that the Secretary considers to be ade-
quate to ensure that the property leased will be
used in a manner consistent with paragraph (2).
(4) PROHIBITION OF CIVIL ACTIONS.—No person
may bring a civil action relating to a violation any
term or condition of the lease described in paragraph
(2) before the date that is 90 days after the person no-
tifies the Mayor of the District of Columbia of the al-
leged violation (including the intent of the person to
bring a civil action for termination of the lease under
paragraph (3)).
(5) REMOVAL
OF
STRUCTURES; REHABILITA-
TION.—The lease under subsection (a)(1) shall be sub-
ject to the condition that, in the event of a termi-
nation of the lease under paragraph (3), the District
of Columbia shall bear the cost of removing structures
on, or rehabilitating, the property leased.
(6) ADMINISTRATION OF PROPERTY.—If the lease
under subsection (a)(1) is terminated under para-
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graph (3), the property covered by the lease shall be
administered by the Secretary as a unit of the Na-
tional Park System in the District of Columbia in ac-
cordance with—
(A) the Act of August 25, 1916 (commonly
known as the ‘‘National Park Service Organic
Act’’) (16 U.S.C. 1 et seq.); and
(B) other laws (including regulations) gen-
erally applicable to units of the National Park
System.
SEC. 344. BIENNIAL
EVALUATION
OF
CHARTER
SCHOOL AUTHORIZING BOARDS. (a) Biennial management
evaluation of the District of Columbia Chartering Authori-
ties for the District of Columbia Public Charter Schools
shall be conducted by the Comptroller General of the United
States.
(b) Evaluation shall include the following:
(1) Establish standards to assess each author-
izer’s procedures and oversight quality;
(2) Identify gaps in oversight and recommenda-
tions;
(3) Review processes of charter school applica-
tions;
(4) Extent of ongoing monitoring, technical as-
sistance, and sanctions provided to schools;
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(5) Compliance with annual reporting require-
ments;
(6) Actual budget expenditures for the preceding
two fiscal years;
(7) Comparison of budget expenditures with
mandated responsibilities;
(8) Alignment with best practices; and
(9) Quality and timeliness of meeting Section
2211(d) of the School Reform Act of 1995 (D.C. Code
38–1802.11(d)), as amended.
(c) INITIAL INTERIM REPORT TO CONGRESS.—The
Government Accountability Office shall submit to the Com-
mittees on Appropriations of the House of Representatives
and Senate, no later than May 1, 2005, a baseline report
on the performance of each authorizer in meeting the re-
quirements of the School Reform Act of 1995.
(d) Hereafter Section 2214(f) of Public Law 104–143
(D.C. Code 38–1802.14(f)), shall apply to the District of
Columbia Board of Education Charter Schools Office.
SEC. 345. CLARIFYING OPERATIONS OF PUBLIC CHAR-
TER SCHOOL BOARD. Section 2214 of the School Reform
Act of 1995 (Public Law 104–134; D.C. Code 38–1802.14),
is amended—
(1) by striking subsection (f) and inserting the
following:
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‘‘(f) AUDIT.—The Board shall maintain its accounts
according to Generally Accepted Accounting Principles for
Not-for-Profit Organizations. The Board shall provide for
an audit of the financial statements of the Board by an
independent certified public accountant in accordance with
Government auditing standards for financial audits issued
by the Comptroller General of the United States. The find-
ings and recommendations of any such audit shall be for-
warded to the Mayor, the District of Columbia Council, the
appropriate congressional committees, and the Office of the
Chief Financial Officer.’’; and
(2) adding at the end the following:
‘‘(h) CONTRACTING AND PROCUREMENT.—The Board
shall have the authority to solicit, award, and execute con-
tracts independently of the Office of Contracting and Pro-
curement and the Chief Procurement Officer. Nothing in
chapter 3 of title 2 of the District of Columbia Code shall
affect the authority of the Board under this subsection.’’.
This Act may be cited as the ‘‘District of Columbia
Appropriations Act, 2005’’.
Attest:
Secretary.