District of Columbia Appropriations Act, 2005
PL 108-335 (H.R.4850), enacted 10/18/2004

118 STAT. 1322
PUBLIC LAW 108–335—OCT. 18, 2004
Public Law 108–335
108th Congress
An Act
Making appropriations for the government of the District of Columbia and other
activities chargeable in whole or in part against revenues of said District for
the fiscal year ending September 30, 2005, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the Treasury
not otherwise appropriated, for the District of Columbia and related
agencies for the fiscal year ending September 30, 2005, and for
other purposes, namely:
TITLE I—FEDERAL FUNDS
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
For a Federal payment to the District of Columbia, to be
deposited into a dedicated account, for a nationwide program to
be administered by the Mayor, for District of Columbia resident
tuition support, $25,600,000, to remain available until expended:
Provided, That such funds, including any interest accrued thereon,
may be used on behalf of eligible District of Columbia residents
to pay an amount based upon the difference between in-State and
out-of-State tuition at public institutions of higher education, or
to pay up to $2,500 each year at eligible private institutions of
higher education: Provided further, That the awarding of such funds
may be prioritized on the basis of a resident’s academic merit,
the income and need of eligible students and such other factors
as may be authorized: Provided further, That the District of
Columbia government shall maintain a dedicated account for the
Resident Tuition Support Program that shall consist of the Federal
funds appropriated to the Program in this Act and any subsequent
appropriations, any unobligated balances from prior fiscal years,
and any interest earned in this or any fiscal year: Provided further,
That the account shall be under the control of the District of
Columbia Chief Financial Officer, who shall use those funds solely
for the purposes of carrying out the Resident Tuition Support Pro-
gram: Provided further, That the Office of the Chief Financial
Officer shall provide a quarterly financial report to the Committees
on Appropriations of the House of Representatives and Senate
for these funds showing, by object class, the expenditures made
and the purpose therefor: Provided further, That not more than
$1,200,000 of the total amount appropriated for this program may
be used for administrative expenses.
Reports.
District of
Columbia
Appropriations
Act, 2005.
Oct. 18, 2004
[H.R. 4850]
VerDate 11-MAY-2000
08:28 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00186
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT2.001
APPS10
PsN: 29194PT2
118 STAT. 1323
PUBLIC LAW 108–335—OCT. 18, 2004
FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY
COSTS IN THE DISTRICT OF COLUMBIA
For necessary expenses, as determined by the Mayor of the
District of Columbia in written consultation with the elected county
or city officials of surrounding jurisdictions, $15,000,000, to remain
available until expended, to reimburse the District of Columbia
for the costs of providing public safety at events related to the
presence of the national capital in the District of Columbia and
for the costs of providing support to respond to immediate and
specific terrorist threats or attacks in the District of Columbia
or surrounding jurisdictions: Provided, That any amount provided
under this heading shall be available only after notice of its pro-
posed use has been transmitted by the President to Congress and
such amount has been apportioned pursuant to chapter 15 of title
31, United States Code.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS
For salaries and expenses for the District of Columbia Courts,
$190,800,000, to be allocated as follows: for the District of Columbia
Court of Appeals, $8,952,000, of which not to exceed $1,500 is
for official reception and representation expenses; for the District
of Columbia Superior Court, $84,948,000, of which not to exceed
$1,500 is for official reception and representation expenses; for
the District of Columbia Court System, $40,699,000, of which not
to exceed $1,500 is for official reception and representation
expenses; and $56,201,000, to remain available until September
30, 2006, for capital improvements for District of Columbia court-
house facilities: Provided, That notwithstanding any other provision
of law, a single contract or related contracts for development and
construction of facilities may be employed which collectively include
the full scope of the project: Provided further, That the solicitation
and contract shall contain the clause ‘‘availability of Funds’’ found
at 48 CFR 52.232–18: Provided further, That funds made available
for capital improvements shall be expended consistent with the
General Services Administration master plan study and building
evaluation report: Provided further, That notwithstanding any other
provision of law, all amounts under this heading shall be appor-
tioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated
for salaries and expenses of other Federal agencies, with payroll
and financial services to be provided on a contractual basis with
the General Services Administration (GSA), and such services shall
include the preparation of monthly financial reports, copies of which
shall be submitted directly by GSA to the President and to the
Committees on Appropriations of the House of Representatives and
Senate, the Committee on Government Reform of the House of
Representatives, and the Committee on Governmental Affairs of
the Senate: Provided further, That 30 days after providing written
notice to the Committees on Appropriations of the House of Rep-
resentatives and Senate, the District of Columbia Courts may reallo-
cate not more than $1,000,000 of the funds provided under this
heading among the items and entities funded under this heading
for operations, and not more than 4 percent of the funds provided
under this heading for facilities.
Contracts.
Reports.
Notification.
President.
VerDate 11-MAY-2000
08:28 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00187
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT2.001
APPS10
PsN: 29194PT2
118 STAT. 1324
PUBLIC LAW 108–335—OCT. 18, 2004
DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS
For payments authorized under section 11–2604 and section
11–2605, D.C. Official Code (relating to representation provided
under the District of Columbia Criminal Justice Act), payments
for counsel appointed in proceedings in the Family Court of the
Superior Court of the District of Columbia under chapter 23 of
title 16, D.C. Official Code, or pursuant to contractual agreements
to provide guardian ad litem representation, training, technical
assistance and such other services as are necessary to improve
the quality of guardian ad litem representation, payments for
counsel appointed in adoption proceedings under chapter 3 of title
16, D.C. Code, and payments for counsel authorized under section
21–2060, D.C. Official Code (relating to representation provided
under the District of Columbia Guardianship, Protective Pro-
ceedings, and Durable Power of Attorney Act of 1986), $38,500,000,
to remain available until expended: Provided, That the funds pro-
vided in this Act under the heading ‘‘Federal Payment to the
District of Columbia Courts’’ (other than the $56,201,000 provided
under such heading for capital improvements for District of
Columbia courthouse facilities) may also be used for payments
under this heading: Provided further, That in addition to the funds
provided under this heading, the Joint Committee on Judicial
Administration in the District of Columbia shall use funds provided
in this Act under the heading ‘‘Federal Payment to the District
of Columbia Courts’’ (other than the $56,201,000 provided under
such heading for capital improvements for District of Columbia
courthouse facilities), to make payments described under this
heading for obligations incurred during any fiscal year: Provided
further, That funds provided under this heading shall be adminis-
tered by the Joint Committee on Judicial Administration in the
District of Columbia: Provided further, That notwithstanding any
other provision of law, this appropriation shall be apportioned quar-
terly by the Office of Management and Budget and obligated and
expended in the same manner as funds appropriated for expenses
of other Federal agencies, with payroll and financial services to
be provided on a contractual basis with the General Services
Administration (GSA), and such services shall include the prepara-
tion of monthly financial reports, copies of which shall be submitted
directly by GSA to the President and to the Committees on Appro-
priations of the House of Representatives and Senate, the Com-
mittee on Government Reform of the House of Representatives,
and the Committee on Governmental Affairs of the Senate.
FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER
SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA
(INCLUDING TRANSFER OF FUNDS)
For salaries and expenses, including the transfer and hire
of motor vehicles, of the Court Services and Offender Supervision
Agency for the District of Columbia and the Public Defender Service
for the District of Columbia, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$180,000,000, of which not to exceed $2,000 is for official reception
and representation expenses related to Community Supervision and
Pretrial Services Agency programs; of which not to exceed $25,000
is for dues and assessments relating to the implementation of
Contracts.
Reports.
VerDate 11-MAY-2000
08:28 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00188
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT2.001
APPS10
PsN: 29194PT2
118 STAT. 1325
PUBLIC LAW 108–335—OCT. 18, 2004
the Court Services and Offender Supervision Agency Interstate
Supervision Act of 2002; of which $110,853,000 shall be for nec-
essary expenses of Community Supervision and Sex Offender Reg-
istration, to include expenses relating to the supervision of adults
subject to protection orders or the provision of services for or related
to such persons; of which $39,314,000 shall be available to the
Pretrial Services Agency; and of which $29,833,000 shall be trans-
ferred to the Public Defender Service for the District of Columbia:
Provided, That notwithstanding any other provision of law, all
amounts under this heading shall be apportioned quarterly by
the Office of Management and Budget and obligated and expended
in the same manner as funds appropriated for salaries and expenses
of other Federal agencies: Provided further, That the Director is
authorized to accept and use gifts in the form of in-kind contribu-
tions of space and hospitality to support offender and defendant
programs, and equipment and vocational training services to edu-
cate and train offenders and defendants: Provided further, That
the Director shall keep accurate and detailed records of the accept-
ance and use of any gift or donation under the previous proviso,
and shall make such records available for audit and public inspec-
tion: Provided further, That the Court Services and Offender Super-
vision Agency Director is authorized to accept and use reimburse-
ment from the D.C. Government for space and services provided
on a cost reimbursable basis: Provided further, That the Public
Defender Service is authorized to charge fees to cover costs of
materials distributed to attendees of educational events, including
conferences, sponsored by the Public Defender Service, and notwith-
standing section 3302 of title 31, United States Code, said fees
shall be credited to the Public Defender Service account to be
available for use without further appropriation.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND
SEWER AUTHORITY
For a Federal payment to the District of Columbia Water
and Sewer Authority, $4,800,000, to remain available until
expended, to continue implementation of the Combined Sewer Over-
flow Long-Term Plan: Provided, That the District of Columbia Water
and Sewer Authority provides a 100 percent match for this payment.
FEDERAL PAYMENT FOR THE ANACOSTIA WATERFRONT INITIATIVE
For a Federal payment to the District of Columbia Department
of Transportation, $3,000,000, to remain available until September
30, 2006, for design and construction of a continuous pedestrian
and bicycle trail system from the Potomac River to the District’s
border with Maryland.
FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING
COUNCIL
For a Federal payment to the Criminal Justice Coordinating
Council, $1,300,000, to remain available until expended, to support
initiatives related to the coordination of Federal and local criminal
justice resources in the District of Columbia.
Records.
Public
information.
VerDate 11-MAY-2000
08:28 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00189
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT2.001
APPS10
PsN: 29194PT2
118 STAT. 1326
PUBLIC LAW 108–335—OCT. 18, 2004
FEDERAL PAYMENT FOR THE UNIFIED COMMUNICATIONS CENTER
For a Federal payment to the District of Columbia, $6,000,000,
to remain available until expended, for the Unified Communications
Center.
FEDERAL PAYMENT FOR TRANSPORTATION ASSISTANCE
For a Federal payment to the District of Columbia Department
of Transportation, $2,500,000, of which $1,000,000 shall be allocated
to implement a downtown circulator transit system, and of which
$1,500,000 shall be to offset a portion of the District of Columbia’s
allocated operating subsidy payment to the Washington Metropoli-
tan Area Transit Authority.
FEDERAL PAYMENT FOR PUBLIC SCHOOL LIBRARIES
For a Federal payment to the District of Columbia Public
Schools, $6,000,000, to remain available until expended, for a public
school library enhancement program: Provided, That the District
of Columbia Public Schools provides a 100 percent match for this
payment: Provided further, That the Federal portion is for the
acquisition of library resources: Provided further, That the matching
portion is for any necessary facilities upgrades.
FEDERAL PAYMENT FOR THE FAMILY LITERACY PROGRAM
For a Federal payment to the District of Columbia, $1,000,000,
for a Family Literacy Program to address the needs of literacy-
challenged parents while endowing their children with an apprecia-
tion for literacy and strengthening familial ties: Provided, That
the District of Columbia shall provide a 100 percent match with
local funds as a condition of receiving this payment.
FEDERAL PAYMENT FOR FOSTER CARE IMPROVEMENTS IN THE
DISTRICT OF COLUMBIA
For a Federal payment to the District of Columbia for foster
care improvements, $5,000,000, to remain available until expended:
Provided, That $3,250,000 shall be for the Child and Family Serv-
ices Agency, of which $2,000,000 shall be for the early intervention
program to provide intensive and immediate services for foster
children; of which $750,000 shall be for the emergency support
fund to purchase 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: Provided fur-
ther, That $1,250,000 shall be for the Department of Mental Health
to provide all court-ordered or agency-required mental health
screenings, assessments and treatments for children under the
supervision of the Child and Family Services Agency: Provided
further, That $500,000 shall be for the Washington Metropolitan
Council of Governments, to continue a program in conjunction with
the Foster and Adoptive Parents Advocacy Center, to provide respite
care 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.
VerDate 11-MAY-2000
08:28 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00190
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT2.001
APPS10
PsN: 29194PT2
118 STAT. 1327
PUBLIC LAW 108–335—OCT. 18, 2004
FEDERAL PAYMENT TO THE OFFICE OF THE CHIEF FINANCIAL
OFFICER OF THE DISTRICT OF COLUMBIA
For a Federal payment to the Office of the Chief Financial
Officer of the District of Columbia, $32,500,000: Provided, That
these funds shall be available for the projects and in the amounts
specified in the statement of the managers on the conference report
accompanying this Act: Provided further, That each entity that
receives funding under this heading shall submit to the Office
of the Chief Financial Officer of the District of Columbia and
the Committees on Appropriations of the House of Representatives
and Senate a report on the activities to be carried out with such
funds no later than March 15, 2005.
FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT
For a Federal payment for a school improvement program
in the District of Columbia, $40,000,000, to be allocated as follows:
for the District of Columbia Public Schools, $13,000,000 to improve
public school education in the District of Columbia; for the State
Education Office, $13,000,000 to expand quality public charter
schools in the District of Columbia, to remain available until Sep-
tember 30, 2006; for the Secretary of the Department of Education,
$14,000,000 to provide opportunity scholarships for students in
the District of Columbia in accordance with division C, title III
of the District of Columbia Appropriations Act, 2004 (Public Law
108–199; 118 Stat. 126), of which up to $1,000,000 may be used
to administer and fund assessments: Provided, That of the
$13,000,000 for the District of Columbia Public Schools, not less
than $2,000,000 shall be for a new incentive fund to reward high
performing or significantly improved public schools; not less than
$2,000,000 shall be to support the Transformation School Initiative
directed to schools in need of improvement: Provided further, That
of the remaining amounts, the Superintendent of the District of
Columbia Public Schools shall use such sums as necessary to pro-
vide grants to schools which are not eligible for other programs
referenced under this heading, and to contract for management
consulting services and implement recommended reforms: Provided
further, That the Comptroller General shall conduct a financial
audit of the District of Columbia Public Schools: Provided further,
That of the $13,000,000 provided for public charter schools in the
District of Columbia, $2,000,000 shall be for the City Build Initiative
to create neighborhood-based charter schools; $2,750,000 shall be
for the Direct Loan Fund for Charter Schools; $150,000 shall be
for administrative expenses of the Office of Charter School
Financing and Support to expand outreach and support of charter
schools; $100,000 shall be for the D.C. Public Charter School
Association to enhance the quality of charter schools; $4,000,000
shall be for the development of an incubator facility for public
charter schools; $2,000,000 shall be for a charter school college
preparatory program; and $2,000,000 shall be for a new incentive
fund to reward high performing or significantly improved public
charter schools: Provided further, That the District of Columbia
government shall establish a dedicated account for the Office of
Charter School Financing and Support (the Office) that shall consist
of the Federal funds appropriated in this Act, any subsequent
appropriations, any unobligated balances from prior fiscal years,
any additional grants, and any interest and principal derived from
Grants.
Contracts.
Reports.
Deadline.
VerDate 11-MAY-2000
08:28 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00191
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT2.001
APPS10
PsN: 29194PT2
118 STAT. 1328
PUBLIC LAW 108–335—OCT. 18, 2004
loans made to Charter Schools, and repayment of dollars utilized
to support credit enhancement earned in this or any fiscal year:
Provided further, That the account shall be under the control of
the District of Columbia Chief Financial Officer who shall use
those funds solely for the purposes of carrying out the Credit
Enhancement Program, Direct Loan Fund Grant Program, and
any other charter school financing under the management of the
Office: Provided further, That in this and subsequent fiscal years
the Office of the Chief Financial Officer shall conduct an annual
audit of the funds expended by the Office and provide an annual
financial report to the Mayor, the Council of the District of
Columbia, the Office of the District of Columbia Treasurer and
the Committees on Appropriations of the House of Representatives
and Senate for these funds showing, by object class, the expendi-
tures made and the purpose therefor: Provided further, That not
more than $250,000 of the total amount appropriated for this pro-
gram may be used for administrative expenses and training
expenses related to the cost of the National Charter School Con-
ference(s) to be hosted by December 2006; and no more than 5
percent of the funds appropriated for the direct loan fund may
be used for administrative expenses related to the administration
and annual audit of the direct loan, grant, and credit enhancement
programs.
FEDERAL PAYMENT FOR BIOTERRORISM AND FORENSICS LABORATORY
For a Federal payment to the District of Columbia, $8,000,000,
to remain available until September 30, 2006, for design, planning,
and procurement costs associated with the construction of a bioter-
rorism and forensics laboratory: Provided, That the District of
Columbia shall provide an additional $2,300,000 with local funds
as a condition of receiving this payment.
TITLE II—DISTRICT OF COLUMBIA FUNDS
OPERATING EXPENSES
DIVISION OF EXPENSES
The following amounts are appropriated for the District of
Columbia for the current fiscal year out of the general fund of
the District of Columbia, except as otherwise specifically provided:
Provided, That notwithstanding any other provision of law, except
as provided in section 450A of the District of Columbia Home
Rule Act (D.C. Official Code, sec. 1–204.50a) and provisions of
this Act, the total amount appropriated in this Act for operating
expenses for the District of Columbia for fiscal year 2005 under
this heading shall not exceed the lesser of the sum of the total
revenues of the District of Columbia for such fiscal year or
$6,199,114,000 (of which $4,165,485,000 shall be from local funds,
$1,687,554,000 shall be from Federal grant funds, $332,761,000
shall be from other funds, and $13,314,000 shall be from private
funds), in addition, $114,900,000 from funds previously appro-
priated in this Act as Federal payments: Provided further, That
this amount may be increased by proceeds of one-time transactions,
which are expended for emergency or unanticipated operating or
capital needs: Provided further, That such increases shall be
approved by enactment of local District law and shall comply with
Reports.
VerDate 11-MAY-2000
08:28 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00192
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT2.001
APPS10
PsN: 29194PT2
118 STAT. 1329
PUBLIC LAW 108–335—OCT. 18, 2004
all reserve requirements contained in the District of Columbia
Home Rule Act as amended by this Act: Provided further, That
the Chief Financial Officer of the District of Columbia shall take
such steps as are necessary to assure that the District of Columbia
meets these requirements, including the apportioning by the Chief
Financial Officer of the appropriations and funds made available
to the District during fiscal year 2005, except that the Chief Finan-
cial Officer may not reprogram for operating expenses any funds
derived from bonds, notes, or other obligations issued for capital
projects.
GOVERNMENTAL DIRECTION AND SUPPORT
Governmental direction and support, $416,069,000 (including
$261,068,000 from local funds, $100,256,000 from Federal grant
funds, and $54,745,000 from other funds), in addition, $32,500,000
from funds previously appropriated in this Act under the heading
‘‘Federal Payment to the Chief Financial Officer of the District
of Columbia’’, and $500,000 from funds previously appropriated
in this Act under the heading ‘‘Federal Payment for Foster Care
Improvements in the District of Columbia’’ shall be available to
the Metropolitan Washington Council of Governments: Provided,
That not to exceed $9,300 for the Mayor, $9,300 for the Chairman
of the Council of the District of Columbia, $9,300 for the City
Administrator, and $9,300 for the Office of the Chief Financial
Officer shall be available from this appropriation for official recep-
tion and representation expenses: Provided further, That any pro-
gram fees collected from the issuance of debt shall be available
for the payment of expenses of the debt management program
of the District of Columbia: Provided further, That no revenues
from Federal sources shall be used to support the operations or
activities of the Statehood Commission and Statehood Compact
Commission: Provided further, That the District of Columbia shall
identify the sources of funding for Admission to Statehood from
its own locally generated revenues: Provided further, That notwith-
standing any other provision of law, or Mayor’s Order 86–45, issued
March 18, 1986, the Office of the Chief Technology Officer’s dele-
gated small purchase authority shall be $500,000: Provided further,
That the District of Columbia government may not require the
Office of the Chief Technology Officer to submit to any other
procurement review process, or to obtain the approval of or be
restricted in any manner by any official or employee of the District
of Columbia government, for purchases that do not exceed $500,000.
ECONOMIC DEVELOPMENT AND REGULATION
Economic development and regulation, $334,745,000 (including
$55,764,000 from local funds, $93,050,000 from Federal grant funds,
$185,806,000 from other funds, and $125,000 from private funds),
of which $13,000,000 collected by the District of Columbia in the
form of BID tax revenue shall be paid to the respective BIDs
pursuant to the Business Improvement Districts Act of 1996 (D.C.
Law 11–134; D.C. Official Code, sec. 2–1215.01 et seq.), and the
Business Improvement Districts Amendment Act of 1997 (D.C. Law
12–26; D.C. Official Code, sec. 2–1215.15 et seq.): Provided, That
such funds are available for acquiring services provided by the
General Services Administration: Provided further, That Business
Improvement Districts shall be exempt from taxes levied by the
VerDate 11-MAY-2000
08:28 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00193
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT2.001
APPS10
PsN: 29194PT2
118 STAT. 1330
PUBLIC LAW 108–335—OCT. 18, 2004
District of Columbia: Provided further, That local funds in the
amount of $1,200,000 shall be appropriated for the Excel Institute.
PUBLIC SAFETY AND JUSTICE
Public safety and justice, $797,423,000 (including $760,849,000
from local funds, $6,599,000 from Federal grant funds, $29,966,000
from other funds, and $9,000 from private funds), in addition,
$1,300,000 from funds previously appropriated in this Act under
the heading ‘‘Federal Payment to the Criminal Justice Coordinating
Council’’: Provided, That not to exceed $500,000 shall be available
from this appropriation for the Chief of Police for the prevention
and detection of crime: Provided further, That the Mayor shall
reimburse the District of Columbia National Guard for expenses
incurred in connection with services that are performed in emer-
gencies by the National Guard in a militia status and are requested
by the Mayor, in amounts that shall be jointly determined and
certified as due and payable for these services by the Mayor and
the Commanding General of the District of Columbia National
Guard: Provided further, That such sums as may be necessary
for reimbursement to the District of Columbia National Guard
under the preceding proviso shall be available from this appropria-
tion, and the availability of the sums shall be deemed as consti-
tuting payment in advance for emergency services involved.
PUBLIC EDUCATION SYSTEM
(INCLUDING TRANSFER OF FUNDS)
Public education system, including the development of national
defense 
education 
programs, 
$1,223,424,000 
(including
$1,058,709,000 from local funds, $151,978,000 from Federal grant
funds, $8,957,000 from other funds, $3,780,000 from private funds)
in addition, $25,600,000 from funds previously appropriated in this
Act under the heading ‘‘Federal Payment for Resident Tuition Sup-
port’’, $6,000,000 from funds previously appropriated in this Act
under the heading ‘‘Federal Payment for Public School Libraries’’,
and $26,000,000 from funds previously appropriated in this Act
under the heading ‘‘Federal Payment for School Improvement in
the District of Columbia’’ to be allocated as follows:
(1) DISTRICT OF COLUMBIA PUBLIC SCHOOLS.—$888,944,000
(including $760,494,000 from local funds, $117,450,000 from
Federal grant funds, $7,330,000 from other funds, $3,670,000
from private funds), in addition, $6,000,000 from funds pre-
viously appropriated in this Act under the heading ‘‘Federal
Payment for Public School Libraries’’ shall be available for
District of Columbia Public Schools and $13,000,000 from funds
previously appropriated in this Act under the heading ‘‘Federal
Payment for School Improvement in the District of Columbia’’
shall be available for District of Columbia Public Schools: Pro-
vided, That notwithstanding any other provision of law, rule,
or regulation, the evaluation process and instruments for evalu-
ating District of Columbia Public School employees shall be
a non-negotiable item for collective bargaining purposes: Pro-
vided further, That this appropriation shall not be available
to subsidize the education of any nonresident of the District
of Columbia at any District of Columbia public elementary
Reimbursement.
VerDate 11-MAY-2000
08:28 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00194
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT2.001
APPS10
PsN: 29194PT2
118 STAT. 1331
PUBLIC LAW 108–335—OCT. 18, 2004
or secondary school during fiscal year 2005 unless the non-
resident pays tuition to the District of Columbia at a rate
that covers 100 percent of the costs incurred by the District
of Columbia that are attributable to the education of the non-
resident (as established by the Superintendent of the District
of Columbia Public Schools): Provided further, That notwith-
standing the amounts otherwise provided under this heading
or any other provision of law, there shall be appropriated
to the District of Columbia Public Schools on July 1, 2005,
an amount equal to 10 percent of the total amount of the
local funds appropriations request provided for the District
of Columbia Public Schools in the proposed budget of the Dis-
trict of Columbia for fiscal year 2006 (as submitted to Congress),
and the amount of such payment shall be chargeable against
the final amount provided for the District of Columbia Public
Schools under the District of Columbia Appropriations Act,
2006: Provided further, That not to exceed $9,300 for the Super-
intendent of Schools shall be available from this appropriation
for official reception and representation expenses.
(2) TEACHERS’ RETIREMENT FUND.—$9,200,000 from local
funds shall be available for the Teacher’s Retirement Fund.
(3) STATE
EDUCATION
OFFICE.—$43,104,000 (including
$10,015,000 from local funds, $32,913,000 from Federal grant
funds, and $176,000 from other funds), in addition, $25,600,000
from funds previously appropriated in this Act under the
heading ‘‘Federal Payment for Resident Tuition Support’’ shall
be available for the State Education Office and $13,000,000
from funds previously appropriated in this Act under the
heading ‘‘Federal Payment for School Improvement in the Dis-
trict of Columbia’’ shall be available for the State Education
Office: Provided, That of the amounts provided to the State
Education Office, $500,000 from local funds shall remain avail-
able until June 30, 2006 for an audit of the student enrollment
of each District of Columbia Public School and of each District
of Columbia public charter school.
(4) DISTRICT
OF
COLUMBIA
PUBLIC
CHARTER
SCHOOLS.—
$196,802,000 from local funds shall be available for District
of Columbia public charter schools: Provided, That there shall
be quarterly disbursement of funds to the District of Columbia
public charter schools, with the first payment to occur within
15 days of the beginning of the fiscal year: Provided further,
That if the entirety of this allocation has not been provided
as payments to any public charter schools currently in operation
through the per pupil funding formula, the funds shall remain
available for public education in accordance with section
2403(b)(2) of the District of Columbia School Reform Act of
1995 (D.C. Official Code, sec. 38–1804.03(b)(2)): Provided fur-
ther, That of the amounts made available to District of
Columbia public charter schools, $100,000 shall be made avail-
able to the Office of the Chief Financial Officer as authorized
by section 2403(b)(5) of the District of Columbia School Reform
Act of 1995 (D.C. Official Code, sec. 38–1804.03(b)(5)): Provided
further, That $750,000 of this amount shall be available to
the District of Columbia Public Charter School Board for
administrative costs: Provided further, That notwithstanding
the amounts otherwise provided under this heading or any
VerDate 11-MAY-2000
08:28 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00195
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT2.001
APPS10
PsN: 29194PT2
118 STAT. 1332
PUBLIC LAW 108–335—OCT. 18, 2004
other provision of law, there shall be appropriated to the Dis-
trict of Columbia public charter schools on July 1, 2005, an
amount equal to 25 percent of the total amount of the local
funds appropriations request provided for payments to public
charter schools in the proposed budget of the District of
Columbia for fiscal year 2006 (as submitted to Congress), and
the amount of such payment shall be chargeable against the
final amount provided for such payments under the District
of Columbia Appropriations Act, 2006.
(5) UNIVERSITY OF THE DISTRICT OF COLUMBIA SUBSIDY.—
$49,602,000 from local funds shall be available for the Univer-
sity of the District of Columbia subsidy: Provided, That this
appropriation shall not be available to subsidize the education
of nonresidents of the District of Columbia at the University
of the District of Columbia, unless the Board of Trustees of
the University of the District of Columbia adopts, for the fiscal
year ending September 30, 2005, a tuition rate schedule that
will establish the tuition rate for nonresident students at a
level no lower than the nonresident tuition rate charged at
comparable public institutions of higher education in the metro-
politan area: Provided further, That notwithstanding the
amounts otherwise provided under this heading or any other
provision of law, there shall be appropriated to the University
of the District of Columbia on July 1, 2005, an amount equal
to 10 percent of the total amount of the local funds appropria-
tions request provided for the University of the District of
Columbia in the proposed budget of the District of Columbia
for fiscal year 2006 (as submitted to Congress), and the amount
of such payment shall be chargeable against the final amount
provided for the University of the District of Columbia under
the District of Columbia Appropriations Act, 2006: Provided
further, That not to exceed $9,300 for the President of the
University of the District of Columbia shall be available from
this appropriation for official reception and representation
expenses.
(6) DISTRICT OF COLUMBIA PUBLIC LIBRARIES.—$30,831,000
(including $28,978,000 from local funds, $1,093,000 from Fed-
eral grant funds, $651,000 from other funds, and $110,000
from private funds) shall be available for the District of
Columbia Public Libraries: Provided, That not to exceed $7,500
for the Public Librarian shall be available from this appropria-
tion for official reception and representation expenses.
(7) COMMISSION ON THE ARTS AND HUMANITIES.—$4,941,000
(including $3,618,000 from local funds, $523,000 from Federal
grant funds, and $800,000 from other funds) shall be available
for the Commission on the Arts and Humanities.
HUMAN SUPPORT SERVICES
(INCLUDING TRANSFER OF FUNDS)
Human 
support 
services, 
$2,533,825,000 
(including
$1,165,314,000 from local funds, $1,331,670,000 from Federal grant
funds, $27,441,000 from other funds, $9,400,000 from private funds),
in addition, $4,500,000 from funds previously appropriated in this
Act under the heading ‘‘Federal Payment to Foster Care Improve-
ments in the District of Columbia’’: Provided, That $29,600,000
of this appropriation, to remain available until expended, shall
VerDate 11-MAY-2000
08:28 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00196
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT2.001
APPS10
PsN: 29194PT2
118 STAT. 1333
PUBLIC LAW 108–335—OCT. 18, 2004
be available solely for District of Columbia employees’ disability
compensation: Provided further, That no less than $8,498,720, to
remain available until expended, shall be deposited in the Addiction
Recovery Fund, established pursuant to section 5 of the Choice
in Drug Treatment Act of 2000, effective July 8, 2000 (D.C. Law
13–146; D.C. Official Code, sec. 7–3004), to be used exclusively
for the purpose of the Choice in Drug Treatment program, estab-
lished 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 Treat-
ment program shall be used by the Department of Health’s Addic-
tion Prevention and Recovery Administration to provide youth resi-
dential 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 resi-
dential treatment services: Provided further, That no less than
$1,575,416 shall be available to the Department of Health’s Addic-
tion Prevention and Recovery Administration exclusively for the
purpose of providing youth outpatient treatment services, of which
$750,000 shall be made available exclusively to provide intensive
outpatient treatment slots, outpatient treatment slots, and other
program costs for youth in the care of the Youth Services Adminis-
tration: Provided further, That no less than $1,400,000 shall be
used by the Department of Health’s Addiction Prevention and
Recovery Administration to fund a Child and Family Services
Agency pilot project entitled Family Treatment Court: Provided
further, That $1,200,000 of local funds, to remain available until
expended, shall be deposited in the Adoption Voucher Fund, estab-
lished pursuant to section 3805(a) of the Adoption Voucher Fund
Act of 2000, effective October 19, 2000 (D.C. Law 13–172; D.C.
Official Code, sec. 4–344(a)), to be used exclusively for the purposes
set forth in section 3805(b) of the Adoption Voucher Fund Act
(D.C. Official Code, sec. 4–344(b)): Provided further, That no less
than $300,000 shall be used by the Department of Health’s Environ-
mental Health Administration to operate the Total Maximum Daily
Load program: Provided further, That no less than $1,268,500 shall
be used by the Department of Health’s Environmental Health
Administration to operate its air quality programs, of which no
less than $242,000 shall be used to fund 4 full-time air quality
employees: Provided further, That the Department of Human Serv-
ices, Youth Services Administration shall not expend any appro-
priated fiscal year 2005 funds until the Mayor has submitted to
the Council by September 30, 2004, a plan, including time lines,
to close the Oak Hill Youth Center at the earliest feasible date.
All of the above proviso amounts in this heading relate back to
and are a subset of the first-referenced appropriation amount of
$2,533,825,000.
PUBLIC WORKS
Public works, including rental of one passenger-carrying vehicle
for use by the Mayor and three passenger-carrying vehicles for
use by the Council of the District of Columbia and leasing of
passenger-carrying vehicles, $331,936,000 (including $312,035,000
from local funds, $4,000,000 from Federal funds, and $15,901,000
VerDate 11-MAY-2000
08:28 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00197
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT2.001
APPS10
PsN: 29194PT2
118 STAT. 1334
PUBLIC LAW 108–335—OCT. 18, 2004
from other funds), in addition, $2,500,000 from funds previously
appropriated in this Act under the heading ‘‘Federal Payment for
Transportation Assistance’’: Provided, That this appropriation shall
not be available for collecting ashes or miscellaneous refuse from
hotels and places of business.
CASH RESERVE
For the cumulative cash reserve established pursuant to section
202(j)(2) of the District of Columbia Financial Responsibility and
Management Assistance Act of 1995 (D.C. Official Code, sec. 47–
392.02(j)(2)), $50,000,000 from local funds.
REPAYMENT OF LOANS AND INTEREST
For payment of principal, interest, and certain fees directly
resulting from borrowing by the District of Columbia to fund District
of Columbia capital projects as authorized by sections 462, 475,
and 490 of the District of Columbia Home Rule Act (D.C. Official
Code, secs. 1–204.62, 1–204.75, and 1–204.90), $347,700,000 from
local funds.
PAYMENT OF INTEREST ON SHORT-TERM BORROWING
For payment of interest on short-term borrowing, $4,000,000
from local funds.
CERTIFICATES OF PARTICIPATION
For principal and interest payments on the District’s Certifi-
cates of Participation, issued to finance the ground lease underlying
the building located at One Judiciary Square, $11,252,000 from
local funds.
SETTLEMENTS AND JUDGMENTS
For making refunds and for the payment of legal settlements
or judgments that have been entered against the District of
Columbia government, $20,270,000 from local funds: Provided, That
this appropriation shall not be construed as modifying or affecting
the provisions of section 303 of this Act.
WILSON BUILDING
For expenses associated with the John A. Wilson building,
$3,633,000 from local funds.
WORKFORCE INVESTMENTS
For workforce investments, $38,114,000 from local funds, to
be transferred by the Mayor of the District of Columbia within
the various appropriation headings in this Act for which employees
are properly payable: Provided, That of this amount $3,548,000
shall remain available until expended to meet the requirements
of the Compensation Agreement Between the District of Columbia
Government Units 1 and 2 Approval Resolution of 2004, effective
February 17, 2004 (Res. 15–459; 51 DCR 2325).
VerDate 11-MAY-2000
08:28 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00198
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT2.001
APPS10
PsN: 29194PT2
118 STAT. 1335
PUBLIC LAW 108–335—OCT. 18, 2004
NON-DEPARTMENTAL AGENCY
To account for anticipated costs that cannot be allocated to
specific agencies during the development of the proposed budget,
$13,946,000 (including $4,000,000 from local funds and $9,946,000
from other funds) to be transferred by the Mayor of the District
of Columbia within the various appropriations headings in this
Act: Provided, That $4,000,000 from local funds shall be for antici-
pated costs associated with the No Child Left Behind Act.
EMERGENCY PLANNING AND SECURITY FUND
For Emergency Planning and Security Fund, $15,000,000 from
funds previously appropriated in this Act under the heading ‘‘Fed-
eral Payment for Emergency Planning and Security 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 Financing requirements,
not to exceed $9,710,000 from the District’s general fund balance.
EQUIPMENT LEASE OPERATING
For Equipment Lease Operating $23,109,000 from local funds:
Provided, That for equipment leases, the Mayor may finance
$19,453,000 of equipment cost, plus cost of issuance not to exceed
2 percent of the par amount being financed on a lease purchase
basis with a maturity not to exceed 5 years.
EMERGENCY AND CONTINGENCY RESERVE FUNDS
For the emergency reserve fund and the contingency reserve
fund under section 450A of the District of Columbia Home Rule
Act (Public Law 98–198, as amended; D.C. Official Code, sec. 1–
204.50a), such additional amounts from the District’s general fund
balance as are necessary to meet the balance requirements for
such funds under section 450A.
FAMILY LITERACY
From funds previously appropriated in this Act under the
heading ‘‘Federal Payment for the Family Literacy Program’’,
$1,000,000.
PAY-AS-YOU-GO CAPITAL
For Pay-As-You-Go Capital funds in lieu of capital financing,
$6,531,000 from local funds, to be transferred to the Capital Fund.
VerDate 11-MAY-2000
08:28 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00199
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT2.001
APPS10
PsN: 29194PT2
118 STAT. 1336
PUBLIC LAW 108–335—OCT. 18, 2004
PAY-AS-YOU-GO CONTINGENCY
For Pay-As-You-Go Contingency Fund, $43,137,000, subject to
the Criteria for Spending Pay-As-You-Go Funding Act of 2004,
approved by the Council of the District of Columbia on 1st reading,
May 14, 2004 (Title I of Bill 15–768), there are authorized to
be transferred from the contingency fund to certain other headings
of this Act as necessary to carry out the purposes of this Act.
Expenditures from the Pay-As-You-Go Contingency Fund shall be
subject to the approval of the Council by resolution.
REVISED REVENUE ESTIMATE CONTINGENCY PRIORITY
If the Chief Financial Officer for the District of Columbia
certifies through a revised revenue estimate that funds are available
from local funds, such available funds shall be expended as provided
in the Contingency for Recordation and Transfer Tax Reduction
and the Office of Property Management and Library Expenditures
Act of 2004, approved by the Council of the District of Columbia
on 1st reading, May 14, 2004 (Bill 15–768), including up to
$2,000,000 to the Office of Property Management, 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 for capital improvement
projects and payable to the District’s debt service fund. For construc-
tion 
projects, 
$371,040,000, 
to 
be 
distributed 
as 
follows:
$181,656,000 for the Blue Plains Wastewater Treatment Plant,
$43,800,000 for the sewer program, $9,118,000 for the stormwater
program, $122,627,000 for the water program, and $13,839,000
for the capital equipment program; in addition, $4,800,000 from
funds previously appropriated in this Act under the heading ‘‘Fed-
eral Payment to the District of Columbia Water and Sewer
Authority’’: Provided, That the requirements and restrictions that
are applicable to general fund capital improvement projects and
set forth in this Act under the Capital Outlay appropriation account
shall apply to projects approved under this appropriation account.
WASHINGTON AQUEDUCT
For operation of the Washington Aqueduct, $47,972,000 from
other funds.
STORMWATER PERMIT COMPLIANCE ENTERPRISE FUND
For operation of the Stormwater Permit Compliance Enterprise
Fund, $3,792,000 from other funds.
LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND
For the Lottery and Charitable Games Enterprise Fund, estab-
lished by the District of Columbia Appropriation Act, 1982, for
Applicability.
VerDate 11-MAY-2000
08:28 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00200
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT2.001
APPS10
PsN: 29194PT2
118 STAT. 1337
PUBLIC LAW 108–335—OCT. 18, 2004
the purpose of implementing the Law to Legalize Lotteries, Daily
Numbers Games, and Bingo and Raffles for Charitable Purposes
in the District of Columbia (D.C. Law 3–172; D.C. Official Code,
sec. 3–1301 et seq. and sec. 22–1716 et seq.), $247,000,000 from
other funds: Provided, That the District of Columbia shall identify
the source of funding for this appropriation title from the District’s
own locally generated revenues: Provided further, That no revenues
from Federal sources shall be used to support the operations or
activities of the Lottery and Charitable Games Control Board: Pro-
vided further, That the Lottery and Charitable Games Enterprise
Fund is hereby authorized to make transfers to the general fund
of the District of Columbia, in excess of this appropriation, if such
funds are available for transfer.
SPORTS AND ENTERTAINMENT COMMISSION
For the Sports and Entertainment Commission, $7,322,000
from other funds: Provided, That the paragraph under the heading
‘‘Sports and Entertainment Commission’’ in Public Law 108–199
(118 Stat. 125) is amended by striking the term ‘‘local funds’’
and inserting the term ‘‘other funds’’ in its place.
DISTRICT OF COLUMBIA RETIREMENT BOARD
For the District of Columbia Retirement Board, established
pursuant to section 121 of the District of Columbia Retirement
Reform Act of 1979 (D.C. Official Code, sec. 1–711), $15,277,000
from the earnings of the applicable retirement funds to pay legal,
management, investment, and other fees and administrative
expenses of the District of Columbia Retirement Board: Provided,
That the District of Columbia Retirement Board shall provide to
the Congress and to the Council of the District of Columbia a
quarterly report of the allocations of charges by fund and of 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, $49,603,000 from local funds previously appropriated
in this Act under the heading ‘‘Public Education Systems’’,
$15,192,000 from Federal funds, $19,434,000 from other funds,
and $873,000 from private funds): Provided, That this appropriation
shall not be available to subsidize the education of nonresidents
Reports.
VerDate 11-MAY-2000
08:28 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00201
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT2.001
APPS10
PsN: 29194PT2
118 STAT. 1338
PUBLIC LAW 108–335—OCT. 18, 2004
of the District of Columbia at the University of the District of
Columbia, unless the Board of Trustees of the University of the
District of Columbia adopts, for the fiscal year ending September
30, 2005, a tuition rate schedule that will establish the tuition
rate for nonresident students at a level no lower than the non-
resident tuition rate charged at comparable public institutions of
higher education in the metropolitan area.
UNEMPLOYMENT INSURANCE TRUST FUND
For the Unemployment Insurance Trust Fund, $180,000,000
from other funds.
OTHER POST EMPLOYEE BENEFITS TRUST FUND
For the Other Post Employee Benefits Trust Fund, $953,000
from other funds.
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.
CAPITAL OUTLAY
(INCLUDING RESCISSIONS)
For construction projects, an increase of $1,087,649,000, of
which $839,898,000 shall be from local funds, $38,542,000 from
Highway Trust funds, $37,000,000 from the Rights-of-way funds,
$172,209,000 from Federal grant funds, and a rescission of
$361,763,000 from local funds appropriated under this heading
in prior fiscal years, for a net amount of $725,886,000, to remain
available until expended; in addition, $6,000,000 from funds pre-
viously appropriated in this Act under the heading ‘‘Federal Pay-
ment for the Unified Communications Center’’, $3,000,000 from
funds previously appropriated in this Act under the heading ‘‘Fed-
eral Payment for the Anacostia Waterfront Initiative’’, and
$8,000,000 from funds previously appropriated in this Act under
the heading ‘‘Federal Payment for Bioterrorism and Forensics Lab-
oratory’’: Provided, That funds for use of each capital project imple-
menting agency shall be managed and controlled in accordance
with all procedures and limitations established under the Financial
Management System: Provided further, That all funds provided
by this appropriation title shall be available only for the specific
projects and purposes intended: Provided further, That the Office
of the Chief Technology Officer of the District of Columbia shall
implement the following information technology projects on behalf
of the District of Columbia Public Schools: Student Information
System (project number T2240), Student Information System PCS
(project number T2241), Enterprise Resource Planning (project
number T2242), E-Rate (project number T2243), and SETS Expan-
sion PCS (project number T2244).
Schools.
VerDate 11-MAY-2000
08:28 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00202
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT2.001
APPS10
PsN: 29194PT2
118 STAT. 1339
PUBLIC LAW 108–335—OCT. 18, 2004
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 organizations
concerned with the work of the District of Columbia government,
when authorized by the Mayor, or, in the case of the Council
of the District of Columbia, funds may be expended with the
authorization of the Chairman of the Council.
SEC. 303. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or judg-
ments that have been entered against the District of Columbia
government.
SEC. 304. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly provided herein.
SEC. 305. (a) Except as provided in subsection (b), no part
of this appropriation shall be used for publicity or propaganda
purposes or implementation of any policy including boycott designed
to support or defeat legislation pending before Congress or any
State legislature.
(b) The District of Columbia may use local funds provided
in this Act to carry out lobbying activities on any matter other
than—
(1) the promotion or support of any boycott; or
(2) statehood for the District of Columbia or voting rep-
resentation in Congress for the District of Columbia.
(c) Nothing in this section may be construed to prohibit any
elected official from advocating with respect to any of the issues
referred to in subsection (b).
SEC. 306. (a) None of the funds provided under this Act to
the agencies funded by this Act, both Federal and District govern-
ment agencies, that remain available for obligation or expenditure
in fiscal year 2005, or provided from any accounts in the Treasury
of the United States derived by the collection of fees available
to the agencies funded by this Act, shall be available for obligation
or expenditures for an agency through a reprogramming of funds
which—
(1) creates new programs;
(2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds have
been denied or restricted;
(5) reestablishes any program or project previously deferred
through reprogramming;
(6) augments any existing program, project, or responsi-
bility center through a reprogramming of funds in excess of
$1,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned
to a specific program, project or responsibility center, unless
VerDate 11-MAY-2000
08:28 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00203
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT2.001
APPS10
PsN: 29194PT2
118 STAT. 1340
PUBLIC LAW 108–335—OCT. 18, 2004
the Committees on Appropriations of the House of Representa-
tives 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 avail-
able for obligation or expenditure for an agency through a transfer
of any local funds in excess of $1,000,000 from one appropriation
heading to another unless the Committees on Appropriations of
the House of Representatives and Senate are notified in writing
15 days in advance of the transfer, except that in no event may
the amount of any funds transferred exceed 4 percent of the local
funds in the appropriations.
SEC. 307. 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. 308. Notwithstanding any other provisions of law, the
provisions of the District of Columbia Government Comprehensive
Merit Personnel Act of 1978 (D.C. Law 2–139; D.C. Official Code,
sec. 1–601.01 et seq.), enacted pursuant to section 422(3) of the
District of Columbia Home Rule Act (D.C. Official Code, sec. 1–
204l.22(3)), shall apply with respect to the compensation of District
of Columbia employees. For pay purposes, employees of the District
of Columbia government shall not be subject to the provisions
of title 5, United States Code.
SEC. 309. No later than 30 days after the end of the first
quarter of fiscal year 2005, the Mayor of the District of Columbia
shall submit to the Council of the District of Columbia and the
Committees on Appropriations of the House of Representatives and
Senate the new fiscal year 2005 revenue estimates as of the end
of such quarter. These estimates shall be used in the budget request
for fiscal year 2006. The officially revised estimates at midyear
shall be used for the midyear report.
SEC. 310. No sole source contract with the District of Columbia
government or any agency thereof may be renewed or extended
without opening that contract to the competitive bidding process
as set forth in section 303 of the District of Columbia Procurement
Practices Act of 1985 (D.C. Law 6–85; D.C. Official Code, sec.
2–303.03), except that the District of Columbia government or any
agency thereof may renew or extend sole source contracts for which
competition is not feasible or practical, but only if the determination
as to whether to invoke the competitive bidding process has been
made in accordance with duly promulgated rules and procedures
and has been reviewed and certified by the Chief Financial Officer
of the District of Columbia.
SEC. 311. None of the Federal funds provided in this Act may
be used by the District of Columbia to provide for salaries, expenses,
or other costs associated with the offices of United States Senator
or United States Representative under section 4(d) of the District
of Columbia Statehood Constitutional Convention Initiatives of 1979
(D.C. Law 3–171; D.C. Official Code, sec. 1–123).
SEC. 312. 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. 313. 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.
Abortion.
Reports.
Deadline.
VerDate 11-MAY-2000
08:28 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00204
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT2.001
APPS10
PsN: 29194PT2
118 STAT. 1341
PUBLIC LAW 108–335—OCT. 18, 2004
32–701 et seq.) or to otherwise implement or enforce any system
of registration of unmarried, cohabiting couples, including but not
limited to registration for the purpose of extending employment,
health, or governmental benefits to such couples on the same basis
that such benefits are extended to legally married couples.
SEC. 314. (a) Notwithstanding any other provision of this Act,
the Mayor, in consultation with the Chief Financial Officer of the
District of Columbia may accept, obligate, and expend Federal,
private, and other grants received by the District government that
are not reflected in the amounts appropriated in this Act.
(b)(1) No such Federal, private, or other grant may be accepted,
obligated, or expended pursuant to subsection (a) until—
(A) the Chief Financial Officer of the District of Columbia
submits to the Council a report setting forth detailed informa-
tion regarding such grant; and
(B) the Council has reviewed and approved the acceptance,
obligation, and expenditure of such grant.
(2) For purposes of paragraph (1)(B), the Council shall be
deemed to have reviewed and approved the acceptance, obligation,
and expenditure of a grant if—
(A) no written notice of disapproval is filed with the Sec-
retary of the Council within 14 calendar days of the receipt
of the report from the Chief Financial Officer under paragraph
(1)(A); or
(B) if such a notice of disapproval is filed within such
deadline, the Council does not by resolution disapprove the
acceptance, obligation, or expenditure of the grant within 30
calendar days of the initial receipt of the report from the
Chief Financial Officer under paragraph (1)(A).
(c) No amount may be obligated or expended from the general
fund or other funds of the District of Columbia government in
anticipation of the approval or receipt of a grant under subsection
(b)(2) or in anticipation of the approval or receipt of a Federal,
private, or other grant not subject to such subsection.
(d) The Chief Financial Officer of the District of Columbia
may adjust the budget for Federal, private, and other grants
received by the District government reflected in the amounts appro-
priated in this Act, or approved and received under subsection
(b)(2) to reflect a change in the actual amount of the grant.
(e) The Chief Financial Officer of the District of Columbia
shall prepare a quarterly report setting forth detailed information
regarding all Federal, private, and other grants subject to this
section. Each such report shall be submitted to the Council of
the District of Columbia and to the Committees on Appropriations
of the House of Representatives and Senate not later than 15
days after the end of the quarter covered by the report.
SEC. 315. (a) Except as otherwise provided in this section,
none of the funds made available by this Act or by any other
Act may be used to provide any officer or employee of the District
of Columbia with an official vehicle unless the officer or employee
uses the vehicle only in the performance of the officer’s or employee’s
official duties. For purposes of this paragraph, the term ‘‘official
duties’’ does not include travel between the officer’s or employee’s
residence and workplace, except in the case of—
(1) an officer or employee of the Metropolitan Police Depart-
ment who resides in the District of Columbia or is otherwise
designated by the Chief of the Department;
Reports.
Deadline.
Reports.
VerDate 11-MAY-2000
08:28 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00205
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT2.001
APPS10
PsN: 29194PT2
118 STAT. 1342
PUBLIC LAW 108–335—OCT. 18, 2004
(2) at the discretion of the Fire Chief, an officer or employee
of the District of Columbia Fire and Emergency Medical Serv-
ices Department who resides in the District of Columbia and
is on call 24 hours a day or is otherwise designated by the
Fire Chief;
(3) the Mayor of the District of Columbia; and
(4) the Chairman of the Council of the District of Columbia.
(b) The Chief Financial Officer of the District of Columbia
shall submit by March 1, 2005, an inventory, as of September
30, 2004, of all vehicles owned, leased or operated by the District
of Columbia government. The inventory shall include, but not be
limited to, the department to which the vehicle is assigned; the
year and make of the vehicle; the acquisition date and cost; the
general condition of the vehicle; annual operating and maintenance
costs; current mileage; and whether the vehicle is allowed to be
taken home by a District officer or employee and if so, the officer
or employee’s title and resident location.
SEC. 316. None of the funds contained in this Act may be
used for purposes of the annual independent audit of the District
of Columbia government for fiscal year 2005 unless—
(1) the audit is conducted by the Inspector General of
the District of Columbia, in coordination with the Chief Finan-
cial Officer of the District of Columbia, pursuant to section
208(a)(4) of the District of Columbia Procurement Practices
Act of 1985 (D.C. Official Code, sec. 2–302.8); and
(2) the audit includes as a basic financial statement a
comparison of audited actual year-end results with the revenues
submitted in the budget document for such year and the appro-
priations enacted into law for such year using the format,
terminology, and classifications contained in the law making
the appropriations for the year and its legislative history.
SEC. 317. (a) None of the funds contained in this Act may
be used by the District of Columbia Corporation Counsel or any
other officer or entity of the District government to provide assist-
ance for any petition drive or civil action which seeks to require
Congress to provide for voting representation in Congress for the
District of Columbia.
(b) Nothing in this section bars the District of Columbia Cor-
poration Counsel from reviewing or commenting on briefs in private
lawsuits, or from consulting with officials of the District government
regarding such lawsuits.
SEC. 318. (a) None of the funds contained in this Act may
be used for any program of distributing sterile needles or syringes
for the hypodermic injection of any illegal drug.
(b) Any individual or entity who receives any funds contained
in this Act and who carries out any program described in subsection
(a) shall account for all funds used for such program separately
from any funds contained in this Act.
SEC. 319. None of the funds contained in this Act may be
used after the expiration of the 60-day period that begins on the
date of the enactment of this Act to pay the salary of any chief
financial officer of any office of the District of Columbia government
(including any independent agency of the District of Columbia)
who has not filed a certification with the Mayor and the Chief
Financial Officer of the District of Columbia that the officer under-
stands the duties and restrictions applicable to the officer and
the officer’s agency as a result of this Act (and the amendments
Hypodermic
needle exchange.
Deadline.
Reports.
VerDate 11-MAY-2000
08:28 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00206
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT2.001
APPS10
PsN: 29194PT2
118 STAT. 1343
PUBLIC LAW 108–335—OCT. 18, 2004
made by this Act), including any duty to prepare a report requested
either in the Act or in any of the reports accompanying the Act
and the deadline by which each report must be submitted. The
Chief Financial Officer of the District of Columbia shall provide
to the Committees on Appropriations of the House of Representa-
tives 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. 320. (a) None of the funds contained in this Act may
be used to enact or carry out any law, rule, or regulation to legalize
or otherwise reduce penalties associated with the possession, use,
or distribution of any schedule I substance under the Controlled
Substances Act (21 U.S.C. 802) or any tetrahydrocannabinols deriva-
tive.
(b) The Legalization of Marijuana for Medical Treatment Initia-
tive of 1998, also known as Initiative 59, approved by the electors
of the District of Columbia on November 3, 1998, shall not take
effect.
SEC. 321. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from addressing
the issue of the provision of contraceptive coverage by health insur-
ance plans, but it is the intent of Congress that any legislation
enacted on such issue should include a ‘‘conscience clause’’ which
provides exceptions for religious beliefs and moral convictions.
SEC. 322. The Mayor of the District of Columbia shall submit
to the Committees on Appropriations of the House of Representa-
tives and Senate, the Committee on Government Reform of the
House of Representatives, and the Committee on Governmental
Affairs of the Senate quarterly reports addressing—
(1) crime, including the homicide rate, implementation of
community policing, the number of police officers on local beats,
and the closing down of open-air drug markets;
(2) access to substance and alcohol abuse treatment,
including the number of treatment slots, the number of people
served, the number of people on waiting lists, and the effective-
ness of treatment programs;
(3) management of parolees and pre-trial violent offenders,
including the number of halfway houses escapes and steps
taken to improve monitoring and supervision of halfway house
residents to reduce the number of escapes to be provided in
consultation with the Court Services and Offender Supervision
Agency for the District of Columbia;
(4) education, including access to special education services
and student achievement to be provided in consultation with
the District of Columbia Public Schools and the District of
Columbia public charter schools;
(5) improvement in basic District services, including rat
control and abatement;
(6) application for and management of Federal grants,
including the number and type of grants for which the District
was eligible but failed to apply and the number and type
of grants awarded to the District but for which the District
failed to spend the amounts received; and
(7) indicators of child well-being.
SEC. 323. (a) No later than 30 calendar days after the date
of the enactment of this Act, the Chief Financial Officer of the
District of Columbia shall submit to the appropriate committees
Deadline.
Reports.
Marijuana.
Deadline.
Reports.
VerDate 11-MAY-2000
08:28 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00207
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT2.001
APPS10
PsN: 29194PT2
118 STAT. 1344
PUBLIC LAW 108–335—OCT. 18, 2004
of Congress, the Mayor, and the Council of the District of Columbia
a revised appropriated funds operating budget in the format of
the budget that the District of Columbia government submitted
pursuant to section 442 of the District of Columbia Home Rule
Act (D.C. Official Code, sec. 1–204.42), for all agencies of the District
of Columbia government for fiscal year 2005 that is in the total
amount of the approved appropriation and that realigns all budg-
eted data for personal services and other-than-personal-services,
respectively, with anticipated actual expenditures.
(b) This section shall apply only to an agency where the Chief
Financial Officer of the District of Columbia certifies that a realloca-
tion is required to address unanticipated changes in program
requirements.
SEC. 324. None of the funds contained in this Act may be
used to issue, administer, or enforce any order by the District
of Columbia Commission on Human Rights relating to docket num-
bers 93–030–(PA) and 93–031–(PA).
SEC. 325. None of the Federal funds made available in this
Act may be transferred to any department, agency, or instrumen-
tality of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act or
any other appropriation Act.
SEC. 326. Notwithstanding any other law, the District of
Columbia Courts shall transfer to the general treasury of the Dis-
trict of Columbia all fines levied and collected by the Courts under
section 10(b)(1) and (2) of the District of Columbia Traffic Act
(D.C. Official Code, sec. 50–2201.05(b)(1) and (2)). The transferred
funds shall remain available until expended and shall be used
by the Office of the Corporation Counsel for enforcement and
prosecution of District traffic alcohol laws in accordance with section
10(b)(3) of the District of Columbia Traffic Act (D.C. Official Code,
sec. 50–2201.05(b)(3)).
SEC. 327. None of the funds contained in this Act may be
made available to pay—
(1) the fees of an attorney who represents a party in
an action or an attorney who defends an action, including
an administrative proceeding, brought against the District of
Columbia Public Schools under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.) in excess of $4,000
for that action; or
(2) the fees of an attorney or firm whom the Chief Financial
Officer of the District of Columbia determines to have a pecu-
niary 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. 328. The Chief Financial Officer of the District of Columbia
shall require attorneys in special education cases brought under
the Individuals with Disabilities Act (IDEA) in the District of
Columbia to certify in writing that the attorney or representative
rendered any and all services for which they receive awards,
including those received under a settlement agreement or as part
of an administrative proceeding, under the IDEA from the District
of Columbia. As part of the certification, the Chief Financial Officer
of the District of Columbia shall require all attorneys in IDEA
cases to disclose any financial, corporate, legal, memberships on
boards of directors, or other relationships with any special education
Applicability.
VerDate 11-MAY-2000
08:28 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00208
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT2.001
APPS10
PsN: 29194PT2
118 STAT. 1345
PUBLIC LAW 108–335—OCT. 18, 2004
diagnostic services, schools, or other special education service pro-
viders to which the attorneys have referred any clients as part
of this certification. The Chief Financial Officer shall prepare and
submit quarterly reports to the Committees on Appropriations of
the House of Representatives and Senate on the certification of
and the amount paid by the government of the District of Columbia,
including the District of Columbia Public Schools, to attorneys
in cases brought under IDEA. The Inspector General of the District
of Columbia may conduct investigations to determine the accuracy
of the certifications.
SEC. 329. 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. 330. Section 11–1728 of the District of Columbia Official
Code, is amended to read as follows:
‘‘SEC. 11–1728. RECRUITMENT AND TRAINING OF PERSONNEL AND
TRAVEL.
‘‘(a) The Executive Officer shall be responsible for recruiting
such qualified personnel as may be necessary for the District of
Columbia Courts and for providing in-service training for court
personnel.
‘‘(b) Travel under Federal supply schedules is authorized for
the travel of court personnel on official business. The joint com-
mittee shall prescribe such requirements, conditions and restrictions
for such travel as it considers appropriate, and shall include policies
and procedures for preventing abuses of that travel authority.’’.
SEC. 331. The amount appropriated by this Act may be
increased by no more than $15,000,000 from funds identified in
the comprehensive annual financial report as the District’s fiscal
year 2004 unexpended general fund surplus. The District may obli-
gate and expend these amounts only in accordance with the fol-
lowing conditions:
(1) The Chief Financial Officer of the District of Columbia
shall certify that the use of any such amounts is not anticipated
to have a negative impact on the District’s long-term financial,
fiscal, and economic vitality.
(2) The District of Columbia may only use these funds
for the following expenditures:
(A) Unanticipated one-time expenditures.
(B) Expenditures to avoid deficit spending.
(C) Debt Reduction.
(D) Unanticipated program needs.
(E) Expenditures to avoid revenue shortfalls.
(3) The amounts shall be obligated and expended in accord-
ance with laws enacted by the Council in support of each
such obligation or expenditure.
(4) The amounts may not be used to fund the agencies
of the District of Columbia government under court ordered
receivership.
(5) The amounts may be obligated and expended only if
approved by the Committees on Appropriations of the House
of Representatives and Senate in advance of any obligation
or expenditure.
SEC. 332. 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:
Reports.
VerDate 11-MAY-2000
08:28 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00209
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT2.001
APPS10
PsN: 29194PT2
118 STAT. 1346
PUBLIC LAW 108–335—OCT. 18, 2004
(1) Subsection (a) is amended as follows:
(A) Paragraph (1) is amended to read as follows:
‘‘(1) IN GENERAL.—There is established an emergency cash
reserve fund (‘emergency reserve fund’) as an interest-bearing
account (separate from other accounts in the General Fund)
into which the Mayor shall make a deposit in cash 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).’’.
(B) Paragraph (2) is amended to read as follows:
‘‘(2) IN GENERAL.—For the purpose of this subsection, oper-
ating expenditures is defined as the amount reported in the
District of Columbia’s Comprehensive Annual Financial Report
for the fiscal year immediately preceding the current fiscal
year as the actual operating expenditure from local funds,
less such amounts that are attributed to debt service payments
for which a separate reserve fund is already established under
this Act.’’.
(C) Paragraph (7) is amended to read as follows:
‘‘(7) REPLENISHMENT.—The District of Columbia shall
appropriate sufficient funds each fiscal year in the budget
process to replenish any amounts allocated from the emergency
reserve fund during the preceding fiscal years so that not
less than 50 percent of any amount allocated in the preceding
fiscal year or the amount necessary to restore the emergency
reserve fund to the 2 percent required balance, whichever is
less, is replenished by the end of the 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 balance, whichever is less, is replen-
ished by the end of the second fiscal year following each such
allocation.’’.
(2) Subsection (b) is amended as follows:
(A) Paragraph (1) is amended to read as follows:
‘‘(1) IN GENERAL.—There is established a contingency cash
reserve fund (‘contingency reserve fund’) as an interest-bearing
account, separate from other accounts in the General Fund,
into which the Mayor shall make a deposit in cash 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 defined in paragraph
(2) of this subsection or such amount as may be required
for deposit in a fiscal year in which the District is replenishing
the emergency reserve fund pursuant to subsection (b)(6).’’.
(B) Paragraph (2) is amended to read as follows:
‘‘(2) IN GENERAL.—For the purpose of this subsection, oper-
ating expenditures is defined as the amount reported in the
District of Columbia’s Comprehensive Annual Financial Report
for the fiscal year immediately preceding the current fiscal
year as the actual operating expenditure from local funds,
less such amounts that are attributed to debt service payments
for which a separate reserve fund is already established under
this Act.’’.
(C) Paragraph (6) is amended to read as follows:
Deadline.
Deadline.
VerDate 11-MAY-2000
08:28 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00210
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT2.001
APPS10
PsN: 29194PT2
118 STAT. 1347
PUBLIC LAW 108–335—OCT. 18, 2004
‘‘(6) REPLENISHMENT.—The District of Columbia shall
appropriate sufficient funds each fiscal year in the budget
process to replenish any amounts allocated from the contin-
gency reserve fund during the preceding fiscal years so that
not less than 50 percent of any amount allocated in the pre-
ceding fiscal year or the amount necessary to restore the contin-
gency reserve fund to the 4 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 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. 333. 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 December 24, 1973 (87 Stat. 803; D.C.
Official Code, sec. 1–204.50a), as amended by this Act and is author-
ized 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 reserve funds to
the general fund of the District of Columbia to the extent that
such funds are not necessary to meet the requirements established
for each fund: 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. 334. (a) Section 6 of the Policemen and Firemen’s Retire-
ment and Disability Act Amendments of 1957 (sec. 5–732, D.C.
Official Code) is amended by striking the period at the end of
the first sentence and inserting the following: ‘‘, and for the adminis-
trative costs associated with making such benefit payments.’’.
(b) The amendment made by subsection (a) shall apply with
respect to fiscal year 2005 and each succeeding fiscal year.
SEC. 335. (a) CONTINUING
AVAILABILITY
OF
AMOUNTS
IN
CHARTER SCHOOL FUND.—Section 2403(b)(1) of the District of
Columbia School Reform Act of 1995 (sec. 38–1804.03(b)(1), D.C.
Official Code) is amended by adding at the end the following new
sentence: ‘‘Amounts in the Charter School Fund shall remain avail-
able until expended, and any amounts in the Fund remaining
unobligated or unexpended at the end of a fiscal year shall not
revert to the General Fund of the District of Columbia.’’.
(b) AVAILABILITY OF ADDITIONAL LOCAL FUNDS FOR CHARTER
SCHOOL
FUND.—Section 2403(b)(2)(A) of such Act (sec. 38–
1804.03(b)(2)(A), D.C. Official Code) is amended by inserting after
‘‘District of Columbia,’’ the following: ‘‘together with any other local
funds that the Chief Financial Officer of the District of Columbia
certifies are necessary to carry out the purposes of the Fund during
the fiscal year,’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to fiscal year 2005 and each succeeding
fiscal year.
SEC. 336. (a) CONTINUATION OF CERTAIN AUTHORITY OF CHIEF
FINANCIAL OFFICER.—Section 2302 of the Emergency Wartime
Supplemental Appropriations Act, 2003 (Public Law 108–11; 117
Applicability.
Applicability.
VerDate 11-MAY-2000
08:28 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00211
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT2.001
APPS10
PsN: 29194PT2
118 STAT. 1348
PUBLIC LAW 108–335—OCT. 18, 2004
Stat. 593), is amended by striking ‘‘September 30, 2004’’ and
inserting ‘‘September 30, 2005’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect as if included in the enactment of the Emergency
Wartime Supplemental Appropriations Act, 2003.
SEC. 337. (a) Section 106(b) of the District of Columbia Public
Works Act of 1954 (sec. 34–2401.25(b), D.C. Official Code) is
amended by striking paragraph (5).
(b) Section 212(b) of such Act (sec. 34–2112(b), D.C. Official
Code) is amended by striking paragraph (5).
(c) The amendments made by this section shall apply with
respect to quarters occurring during fiscal year 2005 and each
succeeding fiscal year.
SEC. 338. Notwithstanding any other provision of this Act,
there is hereby appropriated for the Office of the Inspector General
such amounts in local funds, as are consistent 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. 339. 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 establishment of a scholarship fund
for District of Columbia children of adoptive families, and District
of Columbia children without parents due to the September 11,
2001 terrorist attack to be used for post high school education
and training, once obligated by the District to establish the scholar-
ship 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 extin-
guished by the fund’’.
SEC. 340. 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 regulations for administering lease
guarantees through the credit 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 Department of Banking and Financial Institu-
tions’’ and inserting ‘‘under the authority of the Mayor’’ in its
place.
SEC. 341. PROCESS FOR FILING CHARTER PETITIONS. D.C. Code
38–1802.01 is amended by adding a new subsection (e) as follows:
‘‘(e) A petition to establish a public charter school in the District
of Columbia, or to convert a District of Columbia public school
or an existing private or independent school, is a public document.’’.
SEC. 342. 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—
20 USC 1155.
Applicability.
VerDate 11-MAY-2000
08:28 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00212
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT2.001
APPS10
PsN: 29194PT2
118 STAT. 1349
PUBLIC LAW 108–335—OCT. 18, 2004
(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 Columbia
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 remaining 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
maintain 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 provi-
sion of law, regulation, or order relating to the disposition
of a facility or property described in subparagraph (B),
or to the disposition 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 prop-
erty not previously disposed of, or under contract to be
disposed of, to an eligible applicant whose petition to estab-
lish 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 subparagraph (B).’’;
(B) by amending subparagraph (B)(iii) to read as fol-
lows:
‘‘(iii) With respect to which—
‘‘(I) the Board of Education has transferred
jurisdiction to the Mayor and over which the Mayor
has jurisdiction 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 subclause.’’; 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 property 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 percent 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 periods as long as the eligible
VerDate 11-MAY-2000
08:28 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00213
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT2.001
APPS10
PsN: 29194PT2
118 STAT. 1350
PUBLIC LAW 108–335—OCT. 18, 2004
applicant or Board of Trustees maintains its charter.’’;
and
(2) in paragraph (2)(A), by striking ‘‘preference’’ 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 approved to become a
conversion public charter school under section 2201 before the
effective date of this subsection or is approved to become a
conversion public charter school after the effective date of this
subsection, shall have the right to exclusively occupy the facili-
ties the school occupied as a District of Columbia public school
under a lease for a period of not less than 25 years, renewable
for additional 25-year periods 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. 343. ANNUAL REPORT TO CONGRESS. Section 2211 of the
School Reform Act of 1995 (D.C. Code 38–1802.11) is amended
by—
(1) adding the following new subparagraph at the end
of section 2211(a)(1):
‘‘(D) Shall ensure that each public charter school com-
plies with the annual reporting requirement of subsection
38–1802.04(b)(11) of this Act, including submission of the
audited financial 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 reviews of academic, financial, and compliance
with health and safety standards and resulting Board
action or recommendations; (12) details of the fifth year
review process and outcomes; (13) summary of annual
financial audits of all charter schools, including (a) the
number of schools that failed to timely submit the audited
financial statement required by that section; (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 rec-
ommendations an authorizing board has made to correct
identified deficiencies’’.
SEC. 344. TRANSFER TO DISTRICT OF COLUMBIA. (a) TRANSFER
OF JURISDICTION.—
(1) IN GENERAL.—Not later than 90 days after the date
of enactment of this Act, subject to subsection (b), the Director
of the National Park Service (referred to in this section as
the ‘‘NPS’’), acting on behalf of the Secretary of the Interior,
shall transfer jurisdiction to the government of the District
of Columbia, without consideration, the property described in
paragraph (2).
(2) PROPERTY.—The property referred to in paragraph (1)
is—
Deadline.
VerDate 11-MAY-2000
08:28 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00214
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT2.001
APPS10
PsN: 29194PT2
118 STAT. 1351
PUBLIC LAW 108–335—OCT. 18, 2004
(A) a portion of National Park Service land in Anacostia
Park, U.S. Reservation 343, Section G, 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 which includes the
community center currently occupied under permit by the
District of Columbia known as the ‘‘Kenilworth Parkside
Community Center’’; and
(B) all of U.S. Reservation 523.
(b) CONDITIONS OF TRANSFER.—
(1) TERM.—Jurisdiction will be transferred from the NPS
to the District of Columbia.
(2) CONDITION OF TRANSFER.—The transfer of jurisdiction
under subsection (a)(1) shall be subject to such terms and
conditions, to be included in a Declaration of Covenants to
be mutually executed between NPS and the District of
Columbia to ensure that the property transferred under that
subsection—
(A) is used only for the provision of public recreational
facilities, open space, or public outdoor recreational
opportunities; and
(B) nothing in this Act precludes the District of
Columbia from entering into a lease for all or part of
the property with a public not-for-profit entity for the
management or maintenance of the property.
(3) TERMINATION.—
(A) IN GENERAL.—The transfer under subsection (a)(1)
shall terminate if—
(i) any term or condition of the transfer described
in paragraph (2) or contained within the Declaration
of Covenants described in paragraph (2) is violated,
as determined by the NPS; 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 receives from the NPS a written
notice of the violation.
(B) DETERMINATION
OF
CORRECTION.—A violation of
a term or condition of the transfer under subsection (a)(1)
shall be determined to have been corrected under subpara-
graph (A)(ii) if, after notification of the violation, the Dis-
trict of Columbia and the NPS enter into an agreement
that the NPS considers to be adequate to ensure that
the property transferred will be used in a manner con-
sistent with paragraph (2).
(4) PROHIBITION OF CIVIL ACTIONS.—No person may bring
a civil action relating to a violation of any term or condition
of the transfer described in paragraph (2) before the date that
is 90 days after the person notifies the Mayor of the District
of Columbia of the alleged violation (including the intent of
the person to bring a civil action for termination of the transfer
under paragraph (3)).
(5) 
REMOVAL
OF
STRUCTURES; 
REHABILITATION.—The
transfer under subsection (a)(1) shall be subject to the condition
that, in the event of a termination of the transfer under para-
graph (3), the District of Columbia shall bear the cost of
removing structures on, or rehabilitating, the property trans-
ferred.
Deadline.
VerDate 11-MAY-2000
08:28 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00215
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT2.001
APPS10
PsN: 29194PT2
118 STAT. 1352
PUBLIC LAW 108–335—OCT. 18, 2004
(6) ADMINISTRATION OF PROPERTY.—If the transfer under
subsection (a)(1) is terminated under paragraph (3), the prop-
erty covered by the transfer shall be returned to the NPS
and administered as a unit of the National Park System in
the District of Columbia in accordance 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) generally
applicable to units of the National Park System.
SEC. 345. The project for the Chicago Sanitary and Ship Canal
Dispersal Barrier, Illinois, initiated under section 1135 of Public
Law 99–662, is authorized at a total cost of $9,100,000 with a
Federal cost of $6,825,000 and a non-Federal cost of $2,275,000.
SEC. 346. BIENNIAL EVALUATION OF CHARTER SCHOOL AUTHOR-
IZING BOARDS. (a) Biennial management evaluation of the District
of Columbia Chartering Authorities for the District of Columbia
Public Charter Schools shall be conducted by the Comptroller Gen-
eral of the United States.
(b) Evaluation shall include the following:
(1) Establish standards to assess each authorizer’s proce-
dures and oversight quality.
(2) Identify gaps in oversight and recommendations.
(3) Review processes of charter school applications.
(4) Extent of ongoing monitoring, technical assistance, and
sanctions provided to schools.
(5) Compliance with annual reporting requirements.
(6) Actual budget expenditures for the preceding 2 fiscal
years.
(7) Comparison of budget expenditures with mandated
responsibilities.
(8) Alignment with best practices.
(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 Committees on Appropria-
tions of the House of Representatives and Senate, no later than
May 1, 2005, a baseline report on the performance of each author-
izer in meeting the requirements 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. 347. CLARIFYING OPERATIONS OF PUBLIC CHARTER 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:
‘‘(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 account-
ant in accordance with Government auditing standards for financial
audits issued by the Comptroller General of the United States.
The findings and recommendations of any such audit shall be
forwarded to the Mayor, the District of Columbia Council, the
110 Stat. 1321–
133.
Applicability.
Deadline.
VerDate 11-MAY-2000
08:28 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00216
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT2.001
APPS10
PsN: 29194PT2
118 STAT. 1353
PUBLIC LAW 108–335—OCT. 18, 2004
LEGISLATIVE HISTORY—H.R. 4850 (S. 2826):
HOUSE REPORTS: Nos. 108–610 (Comm. on Appropriations) and 108–734 (Comm.
of Conference).
SENATE REPORTS: No. 108–354 accompanying S. 2826 (Comm. on Appropria-
tions).
CONGRESSIONAL RECORD, Vol. 150 (2004):
July 20, considered and passed House.
Sept. 22, considered and passed Senate, amended, in lieu of S. 2826.
Oct. 6, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):
Oct. 18, Presidential statement.
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 contracts independently
of the Office of Contracting and Procurement and the Chief Procure-
ment 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 Appropria-
tions Act, 2005’’.
Approved October 18, 2004.
VerDate 11-MAY-2000
08:28 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00217
Fmt 6580
Sfmt 6580
C:\STATUTES\2004\29194PT2.001
APPS10
PsN: 29194PT2