Text: H.R.4850 — 108th Congress (2003-2004)All Information (Except Text)

Text available as:

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Public Law No: 108-335 (10/18/2004)

 
[108th Congress Public Law 335]
[From the U.S. Government Printing Office]


[DOCID: f:publ335.108]

[[Page 1321]]

              DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 2005

[[Page 118 STAT. 1322]]

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. <<NOTE: Oct. 18, 2004 -  [H.R. 4850]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: District of 
Columbia Appropriations Act, 2005.>> 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 Program: Provided 
further, <<NOTE: Reports.>> 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.

[[Page 118 STAT. 1323]]

    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, <<NOTE: Notification. President.>> That any amount provided 
under this heading shall be available only after notice of its proposed 
use has been transmitted by the President to Congress and such amount 
has been apportioned 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 courthouse 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, <<NOTE: Contracts. Reports.>> 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, 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 
Representatives and Senate, the District of Columbia Courts may 
reallocate 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.

[[Page 118 STAT. 1324]]

            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 Proceedings, and Durable Power of Attorney Act of 1986), 
$38,500,000, to remain available until expended: Provided, That the 
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) 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 
administered by the Joint Committee on Judicial Administration in the 
District of Columbia: Provided 
further, <<NOTE: Contracts. Reports.>> That notwithstanding any other 
provision of law, this appropriation shall be apportioned quarterly by 
the Office of Management and Budget and obligated and expended in the 
same manner as funds appropriated for expenses of other Federal 
agencies, with payroll and 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.

 Federal Payment to the Court Services and Offender Supervision Agency 
                      for the District of Columbia

    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

[[Page 118 STAT. 1325]]

the Court Services and Offender Supervision Agency Interstate 
Supervision Act of 2002; of which $110,853,000 shall be for necessary 
expenses of Community Supervision and Sex Offender Registration, 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 transferred 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 contributions of space and hospitality to 
support offender and defendant programs, and equipment and vocational 
training services to educate and train offenders and defendants: 
Provided further, <<NOTE: Records. Public information.>> That the 
Director shall keep accurate and detailed records of the acceptance and 
use of any gift or donation under the previous proviso, and shall make 
such records available for audit and public inspection: Provided 
further, That the Court Services and Offender Supervision Agency 
Director is authorized to accept and use reimbursement from the D.C. 
Government for space and services provided on a cost 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 notwithstanding 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 Overflow 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.

[[Page 118 STAT. 1326]]

          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 Metropolitan 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 appreciation 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 Services 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 further, 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.

[[Page 118 STAT. 1327]]

  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, <<NOTE: Reports. Deadline.>> 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 September 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, <<NOTE: Grants. Contracts.>> That of the remaining amounts, the 
Superintendent of the District of Columbia Public Schools shall use such 
sums as necessary to provide 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

[[Page 118 STAT. 1328]]

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, <<NOTE: Reports.>> 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 
expenditures made and the purpose therefor: Provided further, That not 
more than $250,000 of the total amount appropriated for this program may 
be used for administrative expenses and training expenses related to the 
cost of the National Charter School Conference(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 bioterrorism 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 
appropriated 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

[[Page 118 STAT. 1329]]

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 Financial 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 reception and representation expenses: Provided further, That 
any program 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 notwithstanding any other provision of law, or Mayor's 
Order 86-45, issued March 18, 1986, the Office of the Chief Technology 
Officer's delegated 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

[[Page 118 STAT. 1330]]

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, <<NOTE: Reimbursement.>> That the Mayor shall reimburse the 
District of Columbia National Guard for expenses incurred in connection 
with services that are performed in emergencies 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 appropriation, 
and the availability of the sums shall be deemed as constituting payment 
in advance for emergency services involved.

                         Public Education System

    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 Support'', $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 
        previously 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: 
        Provided, That notwithstanding any other provision of law, rule, 
        or regulation, the evaluation process and instruments for 
        evaluating District of Columbia Public School employees shall be 
        a non-negotiable item for collective bargaining purposes: 
        Provided 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

[[Page 118 STAT. 1331]]

        or secondary school during fiscal year 2005 unless the 
        nonresident 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 
        nonresident (as established by the Superintendent of the 
        District of Columbia Public Schools): Provided further, That 
        notwithstanding 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 
        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 District of Columbia 
        Public Schools under the District of Columbia Appropriations 
        Act, 2006: Provided further, That not to exceed $9,300 for the 
        Superintendent 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 District 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 available 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 further, 
        That of the amounts made available to District of Columbia 
        public charter schools, $100,000 shall be made available 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

[[Page 118 STAT. 1332]]

        other provision of law, there shall be appropriated to the 
        District 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 
        University 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 metropolitan 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 appropriations 
        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 Federal 
        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 appropriation 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

    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 Improvements in the District of 
Columbia'': Provided, That $29,600,000 of this appropriation, to remain 
available until expended, shall

[[Page 118 STAT. 1333]]

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, established pursuant to section 4 of the 
Choice in Drug Treatment Act of 2000 (D.C. Law 13-146; D.C. Official 
Code, sec. 7-3003), of which $7,500,000 shall be provided from local 
funds: Provided further, That none of the $8,498,720 for the Choice in 
Drug Treatment program shall be used by the Department of Health's 
Addiction Prevention and Recovery Administration to provide youth 
residential treatment services or youth outpatient treatment services: 
Provided further, That no less than $2,000,000 shall be available to the 
Department of Health's Addiction Prevention and Recovery Administration 
exclusively for the purpose of providing youth residential treatment 
services: Provided further, That no less than $1,575,416 shall be 
available to the Department of Health's Addiction 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 Administration: 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, established 
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 Environmental 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 
Services, Youth Services Administration shall not expend any 
appropriated fiscal year 2005 funds until the Mayor has submitted to the 
Council by September 30, 2004, a plan, including time lines, to close 
the Oak Hill Youth Center at the earliest 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

[[Page 118 STAT. 1334]]

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 Certificates 
of Participation, issued to finance the ground lease underlying the 
building located at One Judiciary Square, $11,252,000 from local funds.

                        Settlements and Judgments

    For making refunds and for the payment of legal 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).

[[Page 118 STAT. 1335]]

                         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 anticipated 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 ``Federal 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.

[[Page 118 STAT. 1336]]

                        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 construction 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 ``Federal Payment to the District of Columbia Water and Sewer 
Authority'': Provided, <<NOTE: Applicability.>> 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, established by 
the District of Columbia Appropriation Act, 1982, for

[[Page 118 STAT. 1337]]

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: Provided 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: <<NOTE: Reports.>> 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 expenditures 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

[[Page 118 STAT. 1338]]

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 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

    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 previously appropriated in this Act under the 
heading ``Federal Payment for the Unified Communications Center'', 
$3,000,000 from funds previously appropriated in this Act under the 
heading ``Federal 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 Laboratory'': 
Provided, That funds for use of each capital project implementing 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, <<NOTE: Schools.>> 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 Expansion PCS (project number T2244).

[[Page 118 STAT. 1339]]

                      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 judgments 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 
        representation 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 government 
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 
        responsibility center through a reprogramming of funds in excess 
        of $1,000,000 or 10 percent, whichever is less; or
            (7) increases by 20 percent or more personnel assigned to a 
        specific program, project or responsibility center, unless

[[Page 118 STAT. 1340]]

        the Committees on Appropriations of the House of Representatives 
        and Senate are notified in writing 15 days in advance of the 
        reprogramming.

    (b) None of the local funds contained in this Act may be available 
for obligation or expenditure for an agency through a transfer of any 
local funds in excess of $1,000,000 from one appropriation heading to 
another unless the 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. <<NOTE: Deadline.>> 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 <<NOTE: Reports.>> 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. <<NOTE: Abortion.>> 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.

[[Page 118 STAT. 1341]]

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) <<NOTE: Reports.>> the Chief Financial Officer of the 
        District of Columbia submits to the Council a report setting 
        forth detailed information regarding such grant; and
            (B) the Council has reviewed and approved the acceptance, 
        obligation, and expenditure of such grant.

    (2) For purposes of paragraph (1)(B), the Council shall be deemed to 
have reviewed and approved the acceptance, obligation, and expenditure 
of a grant if--
            (A) no written notice of disapproval is filed with the 
        Secretary of the Council within 14 calendar days of the receipt 
        of the report from the Chief Financial Officer under paragraph 
        (1)(A); or
            (B) if such a notice of disapproval is filed 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 appropriated in this Act, 
or approved and received under subsection (b)(2) to reflect a change in 
the actual amount of the grant.
    (e) <<NOTE: Reports. Deadline.>> 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 
        Department who resides in the District of Columbia or is 
        otherwise designated by the Chief of the Department;

[[Page 118 STAT. 1342]]

            (2) at the discretion of the Fire Chief, an officer or 
        employee of the District of Columbia Fire and Emergency Medical 
        Services 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) <<NOTE: Deadline. Reports.>> 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 Financial 
        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 
        appropriations 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 assistance 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 
Corporation Counsel from reviewing or commenting on briefs in private 
lawsuits, or from consulting with officials of the District government 
regarding such lawsuits.
    Sec. 318. <<NOTE: Hypodermic needle exchange.>> (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 understands the duties and 
restrictions applicable to the officer and the officer's agency as a 
result of this Act (and the amendments

[[Page 118 STAT. 1343]]

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. <<NOTE: Deadline. Reports.>> The Chief Financial Officer of 
the District of Columbia shall provide to the Committees on 
Appropriations of the House of Representatives and Senate by the 10th 
day after the end of each quarter a summary list showing each report, 
the due date, and the date submitted to the committees.

    Sec. 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 derivative.
    (b) The Legalization of <<NOTE: Marijuana.>> Marijuana for Medical 
Treatment Initiative 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 insurance 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. <<NOTE: Reports.>> The Mayor of the District of Columbia 
shall submit 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 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 
        effectiveness 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) <<NOTE: Deadline.>> 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

[[Page 118 STAT. 1344]]

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 budgeted data for personal services 
and other-than-personal-services, respectively, with anticipated actual 
expenditures.

    (b) <<NOTE: Applicability.>> This section shall apply only to an 
agency where the Chief Financial Officer of the District of Columbia 
certifies that a reallocation 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 numbers 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 instrumentality 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 District of 
Columbia all fines levied and collected by the Courts under section 
10(b)(1) and (2) of the District of Columbia Traffic Act (D.C. Official 
Code, sec. 50-2201.05(b)(1) and (2)). The transferred funds shall remain 
available until expended and shall be used by the Office of the 
Corporation Counsel for enforcement and prosecution of District traffic 
alcohol laws in accordance with section 10(b)(3) of the District of 
Columbia Traffic Act (D.C. 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 
        pecuniary interest, either through an attorney, officer or 
        employee of the firm, in any special education diagnostic 
        services, schools, or other special education service providers.

    Sec. 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

[[Page 118 STAT. 1345]]

diagnostic services, schools, or other special education service 
providers to which the attorneys have referred any clients as part of 
this certification. The Chief Financial Officer <<NOTE: Reports.>> 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 committee 
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 obligate and expend these amounts only in 
accordance with the following 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 
        accordance 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:

[[Page 118 STAT. 1346]]

            (1) Subsection (a) is amended as follows:
                    (A) Paragraph (1) is amended to read as follows:
            ``(1) <<NOTE: Deadline.>> 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, 
        operating 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 replenished 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) <<NOTE: Deadline.>> 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, 
        operating 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:

[[Page 118 STAT. 1347]]

            ``(6) Replenishment.--The District of Columbia shall 
        appropriate sufficient funds each fiscal year in the budget 
        process to replenish any amounts allocated from the contingency 
        reserve fund during the preceding fiscal years so that not less 
        than 50 percent of any amount allocated in the preceding fiscal 
        year or the amount necessary to restore the contingency 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 authorized to transfer funds 
between the emergency and contingency cash reserve funds to reach the 
required percentages: Provided, That for fiscal year 2005, the Chief 
Financial Officer may transfer funds from the emergency and contingency 
cash 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 Retirement 
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 administrative costs associated 
with making such benefit payments.''.
    (b) <<NOTE: Applicability.>> 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 available 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) <<NOTE: Applicability.>> 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

[[Page 118 STAT. 1348]]

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) <<NOTE: Applicability.>> 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 scholarship fund, shall remain 
obligated and be retained by the District for 25 years from the date of 
obligation to allow for any individual who is within the class of 
persons to be assisted by this provision to reach post high school and 
to present expenditures to be extinguished by the fund''.
    Sec. 340. Authority of OPCSFS. (a) Section 161(3)(E)(i) of Public 
Law 106-522 <<NOTE: 20 USC 1155.>> 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 Institutions'' 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--

[[Page 118 STAT. 1349]]

            (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 
                provision 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 government shall give a right of first 
                offer, which right shall be annually reinstated with 
                respect to any facility or property not previously 
                disposed of, or under contract to be disposed of, to an 
                eligible applicant whose petition to establish a public 
                charter school has been conditionally approved under 
                section 2203(d)(2), or a Board of Trustees, with respect 
                to the purchase, lease, transfer, or use of a facility 
                or property described in subparagraph (B).'';
                    (B) by amending subparagraph (B)(iii) to read as 
                follows:
                          ``(iii) With respect to which--
                                    ``(I) the Board of Education has 
                                transferred jurisdiction to the Mayor 
                                and over which the Mayor has 
                                jurisdiction on the effective date of 
                                this subclause; 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

[[Page 118 STAT. 1350]]

                      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 
        facilities 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 
                complies 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 recommendations an authorizing board 
                has made to correct identified deficiencies''.

    Sec. 344. Transfer to District of Columbia. (a) Transfer of 
Jurisdiction.--
            (1) <<NOTE: Deadline.>> 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--

[[Page 118 STAT. 1351]]

                    (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) <<NOTE: Deadline.>> 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 
                subparagraph (A)(ii) if, after notification of the 
                violation, the District 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 consistent 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 paragraph 
        (3), the District of Columbia shall bear the cost of removing 
        structures on, or rehabilitating, the property transferred.

[[Page 118 STAT. 1352]]

            (6) Administration of property.--If the transfer under 
        subsection (a)(1) is terminated under paragraph (3), the 
        property 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 Authorizing 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 General of the United 
States.
    (b) Evaluation shall include the following:
            (1) Establish standards to assess each authorizer's 
        procedures 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 <<NOTE: Deadline.>> Government Accountability Office shall submit to 
the Committees on Appropriations of the House of Representatives and 
Senate, no later than May 1, 2005, a baseline report on the performance 
of each authorizer in meeting the requirements of the School Reform Act 
of 1995.

    (d) <<NOTE: Applicability.>> 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), <<NOTE: 110 Stat. 1321-133.>> 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 accountant 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

[[Page 118 STAT. 1353]]

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 Procurement Officer. 
Nothing in chapter 3 of title 2 of the District of Columbia Code shall 
affect the authority of the Board under this subsection.''.
    This Act may be cited as the ``District of Columbia Appropriations 
Act, 2005''.

    Approved October 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 
Appropriations).
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.

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