[House Report 108-734]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-734
======================================================================
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
_______
October 5, 2004.--Ordered to be printed
_______
Mr. Frelinghuysen, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany H.R. 4850]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
4850) ``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'',
having met, after full and free conference, have agreed to
recommend and do recommend to their respective Houses as
follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the District of
Columbia and related agencies for the fiscal year ending
September 30, 2005, and for other purposes, namely:
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,
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.
Federal Payment for Emergency Planning and Security Costs in the
District of Columbia
For necessary expenses, as determined by the Mayor of the
District of Columbia in written consultation with the elected
county or city officials of surrounding jurisdictions,
$15,000,000, to remain available until expended, to reimburse
the District of Columbia for the costs of providing public
safety at events related to the presence of the national
capital in the District of Columbia and for the costs of
providing support to respond to immediate and specific
terrorist threats or attacks in the District of Columbia or
surrounding jurisdictions: Provided, That any amount provided
under this heading shall be available only after notice of its
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, 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.
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
futher, 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
(INCLUDING TRANSFER OF FUNDS)
For salaries and expenses, including the transfer and hire
of motor vehicles, of the Court Services and Offender
Supervision Agency for the District of Columbia and the Public
Defender Service for the District of Columbia, as authorized by
the National Capital Revitalization and Self-Government
Improvement Act of 1997, $180,000,000, of which not to exceed
$2,000 is for official reception and representation expenses
related to Community Supervision and Pretrial Services Agency
programs; of which not to exceed $25,000 is for dues and
assessments relating to the implementation of 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, 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.
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.
Federal Payment to the Office of the Chief Financial Officer of the
District of Columbia
For a Federal payment to the Office of the Chief Financial
Officer of the District of Columbia, $32,500,000: Provided,
That these funds shall be available for the projects and in the
amounts specified in the statement of the managers on the
conference report accompanying this Act: Provided further, That
each entity that receives funding under this heading shall
submit to the Office of the Chief Financial Officer of the
District of Columbia and the Committees on Appropriations of
the House of Representatives and Senate a report on the
activities to be carried out with such funds no later than
March 15, 2005.
Federal Payment for School Improvement
For a Federal payment for a school improvement program in
the District of Columbia, $40,000,000, to be allocated as
follows: for the District of Columbia Public Schools,
$13,000,000 to improve public school education in the District
of Columbia; for the State Education Office, $13,000,000 to
expand quality public charter schools in the District of
Columbia, to remain available until 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, 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 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 Officerwho shall
use those funds solely for the purposes of carrying out the Credit
Enhancement Program, Direct Loan Fund Grant Program, and any other
charter school financing under the management of the Office: Provided
further, That in this and subsequent fiscal years the Office of the
Chief Financial Officer shall conduct an annual audit of the funds
expended by the Office and provide an annual financial report to the
Mayor, the Council of the District of Columbia, the Office of the
District of Columbia Treasurer and the Committees on Appropriations of
the House of Representatives and Senate for these funds showing, by
object class, the 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 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 District of Columbia: Provided further, That
local funds in the amount of $1,200,000 shall be appropriated
for the Excel Institute.
Public Safety and Justice
Public safety and justice, $797,423,000 (including
$760,849,000 from local funds, $6,599,000 from Federal grant
funds, $29,966,000 from other funds, and $9,000 from private
funds), in addition, $1,300,000 from funds previously
appropriated in this Act under the heading ``Federal Payment to
the Criminal Justice Coordinating Council'': Provided, That not
to exceed $500,000 shall be available from this appropriation
for the Chief of Police for the prevention and detection of
crime: Provided further, That the Mayor shall reimburse the
District of Columbia National Guard for expenses incurred in
connection with services that are performed in 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
(INCLUDING TRANSFER OF FUNDS)
Public education system, including the development of
national defense education programs, $1,223,424,000 (including
$1,058,709,000 from local funds, $151,978,000 from Federal
grant funds, $8,957,000 from other funds, $3,780,000 from
private funds) in addition, $25,600,000 from funds previously
appropriated in this Act under the heading ``Federal Payment
for Resident Tuition 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
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 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
(INCLUDING TRANSFER OF FUNDS)
Human support services, $2,533,825,000 (including
$1,165,314,000 from local funds, $1,331,670,000 from Federal
grant funds, $27,441,000 from other funds, $9,400,000 from
private funds), in addition, $4,500,000 from funds previously
appropriated in this Act under the heading ``Federal Payment to
Foster Care Improvements in the District of Columbia'':
Provided, That $29,600,000 of this appropriation, to remain
available until expended, shall 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 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).
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.
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,
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 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: 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 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
(INCLUDING RESCISSIONS)
For construction projects, an increase of $1,087,649,000,
of which $839,898,000 shall be from local funds, $38,542,000
from Highway Trust funds, $37,000,000 from the Rights-of-way
funds, $172,209,000 from Federal grant funds, and a rescission
of $361,763,000 from local funds appropriated under this
heading in prior fiscal years, for a net amount of
$725,886,000, to remain available until expended; in addition,
$6,000,000 from funds 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, 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).
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 the Committee 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. No later than 30 days after the end of the first
quarter of fiscal year 2005, the Mayor of the District of
Columbia shall submit to the Council of the District of
Columbia and the Committees on Appropriations of the House of
Representatives and Senate the new fiscal year 2005 revenue
estimates as of the end of such quarter. These estimates shall
be used in the budget request for fiscal year 2006. The
officially revised estimates at midyear shall be used for the
midyear report.
Sec. 310. No sole source contract with the District of
Columbia government or any agency thereof may be renewed or
extended without opening that contract to the competitive
bidding process as set forth in section 303 of the District of
Columbia Procurement Practices Act of 1985 (D.C. Law 6-85; D.C.
Official Code, sec. 2-303.03), except that the District of
Columbia government or any agency thereof may renew or extend
sole source contracts for which competition is not feasible or
practical, but only if the determination as to whether to
invoke the competitive bidding process has been made in
accordance with duly promulgated rules and procedures and has
been reviewed and certified by the Chief Financial Officer of
the District of Columbia.
Sec. 311. None of the Federal funds provided in this Act
may be used by the District of Columbia to provide for
salaries, expenses, or other costs associated with the offices
of United States Senator or United States Representative under
section 4(d) of the District of Columbia Statehood
Constitutional Convention Initiatives of 1979 (D.C. Law 3-171;
D.C. Official Code, sec. 1-123).
Sec. 312. None of the funds appropriated under this Act
shall be expended for any abortion except where the life of the
mother would be endangered if the fetus were carried to term or
where the pregnancy is the result of an act of rape or incest.
Sec. 313. None of the Federal funds made available in this
Act may be used to implement or enforce the Health Care
Benefits Expansion Act of 1992 (D.C. Law 9-114; D.C. Official
Code, sec. 32-701 et seq.) or to otherwise implement or enforce
any system of registration of unmarried, cohabiting couples,
including but not limited to registration for the purpose of
extending employment, health, or governmental benefits to such
couples on the same basis that such benefits are extended to
legally married couples.
Sec. 314. (a) Notwithstanding any other provision of this
Act, the Mayor, in consultation with the Chief Financial
Officer of the District of Columbia may accept, obligate, and
expend Federal, private, and other grants received by the
District government that are not reflected in the amounts
appropriated in this Act.
(b)(1) No such Federal, private, or other grant may be
accepted, obligated, or expended pursuant to subsection (a)
until--
(A) the Chief Financial Officer of the District of
Columbia submits to the Council a report setting forth
detailed 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) 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;
(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) 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. (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 made by this Act),
including any duty to prepare a report requested either in the
Act or in any of the reports accompanying the Act and the
deadline by which each report must be submitted. The Chief
Financial Officer of the District of Columbia shall provide to
the Committees on Appropriations of the House of
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 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. 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) 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 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) 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 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 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:
(1) Subsection (a) is amended as follows:
(A) Paragraph (1) is amended to read as
follows:
``(1) In general.--There is established an
emergency cash reserve fund (`emergency reserve fund')
as an interest-bearing account (separate from other
accounts in the General Fund) into which the Mayor
shall make a deposit in cash not later than October 1
of each fiscal year of such an amount as may be
required to maintain a balance in the fund of at least
2 percent of the operating expenditures as defined in
paragraph (2) of this subsection or such amount as may
be required for deposit in a fiscal year in which the
District is replenishing the emergency reserve fund
pursuant to subsection (a)(7).''.
(B) Paragraph (2) is amended to read as
follows:
``(2) In general.--For the purpose of this
subsection, 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) 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:
``(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) 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) 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
Stat. 593), is amended by striking ``September 30, 2004'' and
inserting ``September 30, 2005''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as if included in the enactment of the
Emergency Wartime Supplemental Appropriations Act, 2003.
Sec. 337. (a) Section 106(b) of the District of Columbia
Public Works Act of 1954 (sec. 34-2401.25(b), D.C. Official
Code) is amended by striking paragraph (5).
(b) Section 212(b) of such Act (sec. 34-2112(b), D.C.
Official Code) is amended by striking paragraph (5).
(c) The amendments made by this section shall apply with
respect to quarters occurring during fiscal year 2005 and each
succeeding fiscal year.
Sec. 338. Notwithstanding any other provision of this Act,
there is hereby appropriated for the Office of the Inspector
General such amounts in local funds, as are consistent with the
annual estimates for the expenditures and appropriations
necessary for the operation of the Office of the Inspector
General as prepared by the Inspector General and submitted to
the Mayor and forwarded to the Council pursuant to D.C.
Official Code 2-302.08(a)(2)(A) for fiscal year 2005: Provided,
That the Office of the Chief Financial Officer shall take such
steps as are necessary to implement the provisions of this
subsection.
Sec. 339. The paragraph under the heading ``Federal Payment
for Incentives for Adoption of Children'' in Public Law 106-
113, approved November 29, 1999 (113 Stat. 1501), is amended to
add the following proviso: ``: Provided further, That the funds
provided under this heading for the establishment of a
scholarship fund for District of Columbia children of adoptive
families, and District of Columbia children without parents due
to the September 11, 2001 terrorist attack to be used for post
high school education and training, once obligated by the
District to establish the 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 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
Sec. 38-1802.01 is amended by adding a new section (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--
(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 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) shall be
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) 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--
(A) a portion of National Park Service land
in Anacostia Park, U.S. Reservation 343,
Section G, the boundaries of which are the
Anacostia River to the west, Watts Branch to
the south, Kenilworth Aquatic Gardens to the
north, and Anacostia Avenue to the east which
includes the community center currently
occupied under permit by the District of
Columbia known as the ``Kenilworth Parkside
Community Center''; and
(B) all of U.S. Reservation 523.
(b) Conditions of Transfer.--
(1) Term.--Jurisdiction will be transferred from
the NPS to the District of Columbia.
(2) Condition of transfer.--The transfer of
jurisdiction under subsection (a)(1) shall be subject
to such terms and conditions, to be included in a
Declaration of Covenants to be mutually executed
between NPS and the District of Columbia to ensure that
the property transferred under that subsection--
(A) is used only for the provision of
public recreational facilities, open space, or
public outdoor recreational opportunities; and
(B) nothing in this Act precludes the
District of Columbia from entering into a lease
for all or part of the property with a public
not-for-profit entity for the management or
maintenance of the property.
(3) Termination.--
(A) In general.--The transfer under
subsection (a)(1) shall terminate if--
(i) any term or condition of the
transfer described in paragraph (2) or
contained within the Declaration of
Covenants described in paragraph (2) is
violated, as determined by the NPS; and
(ii) the violation is not corrected
by the date that is 90 days after the
date on which the Mayor of the District
of Columbia receives from the NPS a
written notice of the violation.
(B) Determination of correction.--A
violation of a term or condition of the
transfer under subsection (a)(1) shall be
determined to have been corrected under
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.
(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
two fiscal years;
(7) Comparison of budget expenditures with mandated
responsibilities;
(8) Alignment with best practices; and
(9) Quality and timeliness of meeting Section
2211(d) of the School Reform Act of 1995 (D.C. Code 38-
1802.11(d)), as amended.
(c) Initial Interim Report to Congress.--The Government
Accountability Office shall submit to the 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) Hereafter Section 2214(f) of Public Law 104-143 (D.C.
Code 38-1802.14(f)), shall apply to the District of Columbia
Board of Education Charter Schools Office.
Sec. 347. Clarifying Operations of Public Charter School
Board. Section 2214 of the School Reform Act of 1995 (Public
Law 104-134; D.C. Code 38-1802.14), is amended--
(1) by striking subsection (f) and inserting the
following:
``(f) Audit.--The Board shall maintain its accounts
according to Generally Accepted Accounting Principles for Not-
for-Profit Organizations. The Board shall provide for an audit
of the financial statements of the Board by an independent
certified public 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 appropriate
congressional committees, and the Office of the Chief Financial
Officer.''; and
(2) by 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''.
And the Senate agree to the same.
Rodney Frelinghuysen,
Ernest J. Istook, Jr.,
Randy ``Duke'' Cunningham,
John T. Doolittle,
Dave Weldon,
John Abney Culberson,
Bill Young,
Chaka Fattah,
Ed Pastor,
Robert E. ``Bud'' Cramer, Jr.,
David R. Obey,
Managers on the Part of the House.
Mike DeWine,
Sam Brownback,
Kay Bailey Hutchison,
Ted Stevens,
Mary Landrieu,
Daniel K. Inouye,
Managers on the Part of the Senate.
Joint Explanatory Statement of the Committee of Conference
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate bill (H.R. 4850), making
appropriations for the District of Columbia for the fiscal year
ending September 30, 2005, and for other purposes, submit the
following joint statement to the House and Senate in
explanation of the effect of the action agreed upon by the
managers and recommended in the accompanying conference report.
The conference agreement on H.R. 4850 incorporates some
of the provisions of both the House and the Senate versions of
the bill. Report language and allocations set forth in either
House Report 108-610 or Senate Report 108-354 that are not
changed by the conference are approved by the committee of
conference. The statement of the managers, while repeating some
report language for emphasis, does not negate the language
referenced above unless expressly provided herein.
The District of Columbia Appropriations Act, 2005, put in
place by this bill, incorporates the following agreements of
the managers:
TITLE I--FEDERAL FUNDS
Federal Payment for Resident Tuition Support
The conference agreement provides $25,600,000 for a
Federal payment for resident tuition support as proposed by the
House instead of $21,200,000 as proposed by the Senate.
Further, the conferees limit administrative expenses to no more
than $1,200,000 in fiscal year 2005. The conferees urge the
District to work with the legislative committees of
jurisdiction and the Committees on Appropriations to
reauthorize this important program and to explore options for
enhancing the effectiveness of these tuition assistance grants,
including additional non-Federal sources.
Federal Payment for Emergency Planning and Security Costs in the
District of Columbia
The conference agreement provides $15,000,000 for a
Federal payment for emergency planning and security costs in
the District of Columbia as proposed by the House and Senate.
Federal Payment to the District of Columbia Courts
The conference agreement provides $190,800,000 for a
Federal payment to the District of Columbia Courts, instead of
$202,110,000 as proposed by the House and $195,010,000 as
proposed by the Senate. Included in this amount is $8,952,000
for the Court of Appeals, $84,948,000 for the Superior Court,
$40,699,000 for the Court System, and $56,201,000 for capital
improvements.
The conferees have provided sufficient funds for the Old
Courthouse project to meet the expenditure requirements in
fiscal year 2005. The conferees are supportive of the Old
Courthouse project and the much needed Judiciary Square
renovation, and are committed to providing the needed resources
for the Old Courthouse project within the context of the fiscal
year 2006 appropriations process.
The conferees agree with the financial reporting
requirements proposed in Senate Report 108-354; however, the
conferees direct that these reports be prepared and submitted
to the Committees on Appropriations of the House of
Representatives and Senate on a quarterly basis.
Defender Services in District of Columbia Courts
The conference agreement provides $38,500,000 for
Defender Services in the District of Columbia Courts instead of
$41,500,000 as proposed by the House and $34,500,000 as
proposed by the Senate.
Federal Payment to the Court Services and Offender Supervision Agency
for the District of Columbia
The conference agreement provides $180,000,000 for a
Federal payment to the Court Services and Offender Supervision
Agency for the District of Columbia, instead of $183,490,000 as
proposed by the House and $182,490,000 as proposed by the
Senate.
The conferees direct that $1,100,000 included in the
above amount is to continue to reduce supervision caseload
ratios for sex-offenders, mental health, and domestic violence
cases, and $200,000 to expand the global positioning system
electronic monitoring program.
The conferees note that many individuals leave prison and
enter community supervision each year with histories of long-
term substance abuse and prior supervision failure due to
substance abuse relapse. It is estimated that 35 percent of the
2,200 individuals returning to the District of Columbia from
federal prison each year are chronic substance abusers. These
offenders are at a higher risk for quick substance abuse
relapse and subsequent rearrest.
Based on these facts, the conferees support CSOSA's
collaborative efforts with the D.C. government, the U.S. Parole
Commission, the Office of Justice Programs and the Bureau of
Prisons to initiate a 32-bed Pre-Release Transition Program.
This six- to twelve-month residential treatment program will be
located at the District of Columbia's Correctional Treatment
Facility. It will serve both individuals transitioning out of
prison and parole violators who will be remanded to this
program rather than returned to a Federal facility. The
conferees urge CSOSA to continue to participate in this
important program that will complement CSOSA's existing re-
entry and treatment programs by offering a meaningful
alternative to parole revocation for the habitual substance
abuser who has violated his or her parole, as well as enhancing
the potential for success among those entering community
supervision.
Federal Payment to the District of Columbia Water and Sewer Authority
The conference agreement provides $4,800,000 for a
Federal payment to the District of Columbia Water and Sewer
Authority instead of $10,000,000 as proposed by the House and
Senate. These funds are for the continued implementation of the
Combined Sewer Overflow Long-Term Plan.
Federal Payment for the Anacostia Waterfront Initiative
The conference agreement provides $3,000,000 for a
Federal payment to the District of Columbia Department of
Transportation for design and construction of a continuous
pedestrian and bicycle trail system from the Potomac River to
the District's border with Maryland as proposed by the House
and Senate.
Federal Payment to the Criminal Justice Coordinating Council
The conference agreement provides $1,300,000 for a
Federal payment to the Criminal Justice Coordinating Council as
proposed by the House and Senate. The amount is to remain
available until expended as proposed by the Senate.
Federal Payment for the Unified Communications Center
The conference agreement provides $6,000,000 for a
Federal payment to the District of Columbia for the Unified
Communications Center instead of $7,000,000 as proposed by the
Senate and no funds as proposed by the House. The House had
included funding for the Unified Communications Center in this
Act under the heading Federal Payment for Capital Development
in the District of Columbia.
Federal Payment for Capital Development in the District of Columbia
The conference agreement provides no funding for capital
development as proposed by the Senate instead of $7,000,000 as
proposed by the House. The conferees have provided $6,000,000
for the Unified Communications Center under the heading Federal
Payment for the Unified Communications Center.
Federal Payment for Transportation Assistance
The conference agreement provides $2,500,000 for a
Federal payment to the District of Columbia Department of
Transportation for transportation assistance as proposed by the
Senate. The House bill contained no similar provision. Included
in this amount is $1,500,000 to assist the District with its
annual operating payment to the Washington Metropolitan Area
Transit Authority, and $1,000,000 for the District's Downtown
Circulator.
The conferees are supportive of the efforts of the
District of Columbia Department of Transportation (DDOT) to
implement the Downtown Circulator. The conferees encourage the
DDOT to consider all bid proposals, including those of private
bus operators, for carrying out some elements of this service.
Federal Payment for Public School Libraries
The conference agreement provides $6,000,000 for a
Federal payment to the District of Columbia Public Schools for
public school libraries subject to a one-to-one match by the
District of Columbia Public Schools as proposed by the House.
The Senate had no similar provision. The conference agreement
adopts by reference language accompanying these funds as
recommended in House report 108-610.
Federal Payment for the Family Literacy Program
The conference agreement provides $1,000,000 for a
Federal payment to the District of Columbia for a family
literacy program subject to a 100 percent match with local
funds as proposed by the House. The Senate had no similar
provision.
Federal Payment for Foster Care Improvements in the District of
Columbia
The conference agreement provides $5,000,000 for a
Federal payment for foster care improvements in the District of
Columbia as proposed by the House and Senate. The conferees
have included the following distribution of funds: $3,250,000
for the District of Columbia Child and Family Services Agency,
of which $2,000,000 is for an intensive, early intervention
program, $750,000 is for emergency support, and $500,000 is for
technology upgrades; $1,250,000 is for theDistrict's Department
of Mental Health; and $500,000 is for the Washington Metropolitan
Council of Governments for respite care. The District is directed to
implement this program based on the direction provided in Senate Report
108-354.
Federal Payment to the Office of the Chief Financial Officer of the
District of Columbia
The conference agreement provides $32,500,000 for a
Federal payment to the Office of the Chief Financial Officer of
the District of Columbia as proposed by the Senate instead of
$19,000,000 as proposed by the House. These funds are for
programs and activities that include, but are not limited to,
support for economic development and infrastructure in the
District, and the health, education, and job training needs of
District residents and are to be allocated as follows:
Project Name Amount
Capitol Hill Arts Workshop/capital improvements......... $150,000
Center for Inspired Teaching/professional development... 150,000
Chesapeake Veterans Hospital/capital development........ 250,000
SEED Foundation/urban boarding school model............. 150,000
Teacher Advancement Program/expand programs with DCPS
and charter schools................................. 200,000
See Forever Foundation/after school programs............ 250,000
Court Appointed Special Advocates....................... 300,000
Capitol Hill Cluster School............................. 300,000
Girl Scout Council/capital improvements and scholarships 700,000
National Campaign to Prevent Teen Pregnancy/with Uhlich
Children's Advantage Network........................ 300,000
Building Bridges Across the River/capital improvements.. 300,000
Calvary Bilingual Multicultural Learning Center tuition
assistance.......................................... 400,000
Environmental Active Cap Project remediation of the
Anacostia River..................................... 400,000
Southeastern University/information technology and
increasing enrollment............................... 450,000
National Capital Children's Museum/exhibit development.. 500,000
Old Naval Hospital Foundation/capital development....... 700,000
Washington Area Women's Foundation/financial
independence initiative............................. 1,000,000
National Trust for Historic Preservation Lincoln
Cottage/capital development......................... 1,000,000
National Composite Center/bridges along the Anacostia/
subject to a match by DDOT.......................... 1,000,000
Discovery Creek Children's Museum/educational programs.. 400,000
DC Poison Control Center/operations..................... 450,000
Children's Health Fund/mobile van....................... 400,000
DC Commission on the Arts/Main Street Arts Initiative... 400,000
First Book Program...................................... 200,000
National Safe Kids Campaign............................. 300,000
Teach for America, DC................................... 200,000
All Faith Consortium/substance abuse services........... 200,000
Shakespeare Theater/capital development................. 900,000
Gospel Rescue Mission/capital development............... 300,000
Second Chance Employment Services....................... 450,000
Washington Opera/educational outreach................... 400,000
Teen Connection......................................... 900,000
Barracks Row Inc/capital development.................... 500,000
Whitman-Walker Clinic................................... 600,000
Gonzaga College/capital development..................... 400,000
National Center for Manufacturing Sciences.............. 400,000
Center for Mental Health/family health model............ 400,000
Council for Court Excellence............................ 200,000
Unity Health Care/patient educational project........... 650,000
World Vision/Kids in Need of Community Storehouse....... 400,000
Read Net Foundation..................................... 400,000
Kingsman Charter School................................. 200,000
ARISE Foundation/life management skills................. 300,000
SURE Foundation/library and community resources......... 100,000
Children's Hospital/capital development lab............. 400,000
Values First Inc........................................ 250,000
Best Friends Foundation................................. 250,000
Everybody Wins.......................................... 150,000
Greater DC Task Force on Trafficking in Persons......... 120,000
Women's Center/family strengthening program initiative.. 850,000
Institute for Educational Equity and Opportunity/
advocate research initiative........................ 250,000
Educational Advancement Alliance/civic education project 250,000
Caribbean American Mission for Educational Research and
Action.............................................. 350,000
Capital City Careers Federal Industry Academies......... 200,000
Catalyst Inc/teacher feeder program at Jefferson High
School.............................................. 200,000
Foundation for Advancement of African Americans in Film. 250,000
Church of Epiphany/support our schools program.......... 150,000
Fort Dupont Hockey Club/kids at risk.................... 80,000
STEED youth education and recreation program............ 350,000
Jewish Council for Public Affairs/resource initiative
for low-moderate income families.................... 500,000
Eastern Market renovation............................... 250,000
National Children's Alliance/capital development........ 500,000
Capital Area Food Bank/capital development.............. 300,000
Perry School Community Services......................... 150,000
Dance Institute of Washington........................... 150,000
Bach to School.......................................... 100,000
STRIVE/job readiness program............................ 100,000
Volunteers for Abused and Neglected Children............ 100,000
American Community Partnership.......................... 100,000
Latin American Youth Center............................. 100,000
For Love of Children/Thurgood Marshall Center Youth
Technology program.................................. 100,000
One Economy/Digital Inclusion Initiative................ 200,000
City Year's Reading for Success/literacy program........ 100,000
Children's Hospital/capital development................. 5,000,000
St. Coletta of Greater Washington/capital development... 2,000,000
Chief Financial Officer/project reviews................. 100,000
--------------------------------------------------------
____________________________________________________
TOTAL............................................. 32,500,000
The agreement includes $100,000 to the Office of the
Chief Financial Officer (OCFO) to review all entities that are
receiving funding under this heading. The conferees expect that
the OCFO will report to the Committees on Appropriations of the
House of Representatives and Senate on the financial status of
these organizations and how they have used Federal funds
provided under thisheading. The conferees expect all entities
receiving funds to provide proper access to records as is necessary for
the OCFO to carry out these reviews.
Each entity that receives funding under this heading is
to submit to 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. The
House bill contained no similar provision.
The conferees are concerned about the deteriorating state
of the historic Civil War-era cavalry barn on the campus of St.
Elizabeth's and direct the District's Office of Planning to
submit a plan to the Committees on Appropriations, within 60
days of the date of enactment of this Act, to protect, repair
and make effective re-use of the barn. The conferees understand
that the Friends of St. Elizabeth's Cavalry Barn have
recommended restoring the cavalry barn for use by the
Metropolitan Police Department's Horse Mounted Patrol and
directs the Office of Planning, in cooperation with the
Metropolitan Police Department, to include an evaluation of the
feasibility of this proposal as part of the aforementioned
plan.
Federal Payment for School Improvement
The conference agreement includes $40,000,000 for a
Federal payment for a school improvement program in the
District of Columbia as proposed by the House and Senate.
Included in this amount is $13,000,000 for the District of
Columbia Public Schools to improve public school education;
$13,000,000, to remain available until September 30, 2006, for
the State Education Office to expand quality charter schools in
the District of Columbia; and $14,000,000 for the Secretary of
the Department of Education to provide opportunity scholarships
for students in the District of Columbia.
The conferees direct that the $13,000,000 provided to the
District of Columbia Public Schools shall be allocated as
follows: not less than $2,000,000 shall be used to establish a
new incentive fund designed to reward high performing or
significantly improved public schools; not less than $2,000,000
shall be used to support the Transformation School Initiative
directed to schools in need of improvement; the remaining
amounts shall be used by the Superintendent of the District of
Columbia Public Schools to contract for management and
consulting services and implement reforms, and to provide
grants to schools which are not eligible under either the
incentive fund or the Transformation School Initiative.
The conferees direct that $13,000,000 provided to the
State Education Office to expand public charter schools in the
District of Columbia shall be distributed as follows:
$2,000,000 for the City Build Initiative to create
neighborhood-based charter schools; $2,750,000 for the Credit
and Direct Loan Program for charter schools; $150,000 for
administrative expenses of the Office of Charter School
Financing and Support to expand outreach and support of charter
schools; $100,000 for the D.C. Public Charter School
Association to enhance the quality of charter schools;
$4,000,000 for the development of an incubator facility for
public charter schools; $2,000,000 for a charter school college
preparatory program to be implemented by the Educational
Advancement Alliance in consultation with the D.C. Public
Charter School Association; and $2,000,000 for a new incentive
fund to reward high performing or significantly improved public
charter schools.
The conferees strongly encourage the District of Columbia
Chartering Authorities for the District of Columbia Public
Charter Schools and the Chief Financial Officer of the District
of Columbia to enter into a memorandum of understanding to
govern annual financial audits of local and Federal funding to
charter schools in the District of Columbia.
The $2,000,000 provided to the Educational Advancement
Alliance in consultation with the D.C. Public Charter School
Association is for the implementation of a comprehensive
college preparatory program to be made available to all 9th
through 12th grade students attending public charter schools
within the District of Columbia and authorized by either public
school chartering authority. It is the intent of the conferees
that this program should provide direct early college awareness
services to those students and parents preparing and planning
for higher education by offering activities that include, but
are not limited to, assistance with dual/concurrent course
enrollment, pre-college advising, financial aid counseling,
PSAT, SAT, and ACT test preparation, college application
assistance, and career exploration and leadership development.
The conferees recognize Sallie Mae for their commitment
to the District of Columbia's charter schools and their
utilization of innovative approaches to encourage private
investment.
The conference agreement adopts by reference language
accompanying these funds as recommended in Senate Report 108-
354. The conference agreement also includes six general
provisions that are designed to enhance oversight of charter
schools.
Federal Payment for Bioterrorism and Forensics Laboratory
The conference agreement provides $8,000,000 for a
Federal payment to the District of Columbia for the
bioterrorism and forensics laboratory as proposed by the
Senate. The conferees direct the District to provide at least
$2,300,000 of local funds for this purpose. The House bill
contained no similar provision.
TITLE II--DISTRICT OF COLUMBIA FUNDS
OPERATING EXPENSES
Division of Expenses
The conference agreement provides that operating expenses
for the District of Columbia for fiscal year 2005 shall not
exceed $6,199,114,000, of which $4,165,485,000 is from local
funds, $1,687,554,000 is from Federal grant funds, $332,761,000
is from other funds, and $13,314,000 is from private funds as
proposed by the House instead of $7,206,164,000, of which
$4,215,088,000 is from local funds, $1,762,046,000 is from
Federal funds, $1,214,843,000 is from other funds, and
$14,817,000 is from private funds and an intra-district amount
of $435,054,000 as proposed by the Senate. In addition, the
agreement includes $114,900,000 from funds previously
appropriated in this Act as Federal payments, instead of
$98,900,000 as proposed by the House and $186,900,000 as
proposed by the Senate.
Governmental Direction and Support
The conference agreement provides $416,069,000 for
governmental direction and support, including $261,068,000 from
local funds, $100,256,000 from Federal grant funds, and
$54,745,000 from other funds as proposed by both the House and
Senate. In addition, the agreement includes $33,000,000 from
funds previously appropriated in this Act as Federal payments,
instead of $19,500,000 as proposed by the House and $52,500,000
as proposed by the Senate. These Federal payment funds are
allocated as follows:
Washington Metropolitan Council of Governments.--$500,000
for foster care improvements.
Office of the Chief Financial Officer.--$32,500,000 to
support economic development and infrastructure in the
District, and the health, education, and job training needs of
District residents.
The conference agreement once again includes a provision
that extends through fiscal year 2005, the authority of the
Office of the Chief Financial Officer (OCFO) over personnel,
procurement, and the preparation of fiscal impact statements.
This authority continues to exempt all aspects of the OCFO's
contracting and procurement from the District of Columbia's
Procurement Practices Act. It is the intent of the conferees
that the OCFO continue to exercise its exemption during the
post control board period.
Economic Development and Regulation
The conference agreement provides $334,745,000 for
economic development and support, 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 as proposed
by both the House and Senate.
Public Safety and Justice
The conference agreement provides $797,423,000 for public
safety and justice, 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 as proposed by the House
instead of $798,723,000, including $760,849,000 from local
funds, $7,899,000 from Federal funds, $29,966,000 from other
funds, and $9,000 from private funds as proposed by the Senate.
In addition, the agreement includes $1,300,000 from funds
previously appropriated in this Act as Federal payments as
proposed by the House and Senate.
Criminal Justice Coordinating Council.--$1,300,000 to
support initiatives related to the coordination of Federal and
local criminal justice resources in the District of Columbia.
Public Education System
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $1,223,424,000 for the
public education system, including $1,058,709,000 from local
funds, $151,978,000 from Federal grant funds, $8,957,000 from
other funds, and $3,780,000 from private funds as proposed by
the House instead of $1,266,424,000, including $1,058,709,000
from local funds, $194,979,000 from Federal funds, $8,957,000
from other funds, and $3,780,000 from private funds. In
addition, the agreement includes $57,600,000 from funds
previously appropriated in this Act as Federal payments as
proposed by the House, instead of $54,500,000 as proposed by
the Senate. These Federal payment funds are allocated as
follows:
District of Columbia Public Schools.--$6,000,000 for
public school libraries and $13,000,000 for school improvement.
State Education Office.--$13,000,000 for school
improvement and $25,600,000 for resident tuition support.
District of Columbia Public Schools.--The allocation
includes $888,944,000 for District of Columbia public schools,
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 as proposed by the House instead of
$901,944,000, including $760,494,000 from local funds,
$130,450,000 from Federal grant funds, $7,330,000 from other
funds, and $3,670,000 from private funds. In addition, the
agreement includes $19,000,000 from funds previously
appropriated in this Act as Federal payments as proposed by the
House instead of $13,000,000 as proposed by the Senate.
Teachers Retirement Fund.--The allocation includes
$9,200,000 for the Teachers Retirement Fund as proposed by the
House and Senate.
State Education Office.--The allocation includes
$43,104,000 for the State Education Office, including
$10,015,000 from local funds, $32,913,000 from Federal grant
funds, and $176,000 from other funds as proposed by the House
instead of $73,104,000, including $10,015,000 from local funds,
$62,914,000 from Federal grant funds, and $176,000 from other
funds as proposed by the Senate. In addition, the agreement
includes $38,600,000 from funds previously appropriated in this
Act as Federal payments as proposed by the House instead of
$40,500,000 as proposed by the Senate.
District of Columbia Public Charter Schools.--The
allocation includes $196,802,000 from local funds for District
of Columbia public charter schools as proposed by both the
House and Senate.
University of the District of Columbia.--The allocation
includes $49,602,000 for the University of the District of
Columbia as proposed by both the House and Senate.
District of Columbia Public Libraries.--The allocation
includes $30,831,000 for District of Columbia public libraries,
including $28,978,000 from local funds, $1,093,000 from Federal
grant funds, $651,000 from other funds as proposed by both the
House and Senate, and $110,000 from private funds as proposed
by the House.
Commission on the Arts and Humanities.--The allocation
includes $4,941,000 for the Commission on the Arts and
Humanities, including $3,618,000 from local funds, $523,000
from Federal grant funds, and $800,000 from other funds as
proposed by both the House and Senate.
Human Support Services
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes $2,533,825,000 for
human support services, including $1,165,314,000 from local
funds, $1,331,670,000 from Federal grant funds, $27,441,000
from other funds, and $9,400,000 from private funds as proposed
by both the House and Senate. In addition, the agreement
includes $4,500,000 from funds previously appropriated in this
Act as Federal payments as proposed by the House instead of
$5,000,000 as proposed by the Senate. These Federal payment
funds are allocated as follows:
Department of Mental Health.--$1,250,000 for foster care
improvements.
Child and Family Services Agency.--$3,250,000 for foster
care improvements.
Public Works
The conference agreement includes $331,936,000 for public
works, including $312,035,000 from local funds, $4,000,000 from
Federal grant funds, and $15,901,000 from other funds as
proposed by both the House and Senate. In addition, the
agreement includes $2,500,000 from funds previously
appropriated in this Act as Federal payments instead of
$5,000,000 as proposed by the Senate. The House bill contained
no similar provision. These Federal payment funds are allocated
as follows:
Department of Transportation.--$2,500,000 for
transportation assistance.
Cash Reserve
The conference agreement includes $50,000,000 from local
funds for the cumulative cash reserve as proposed by both the
House and Senate.
Repayment of Loans and Interest
The conference agreement provides $347,700,000 from local
funds for repayment of loans and interest as proposed by both
the House and Senate.
Payment of Interest on Short-Term Borrowing
The conference agreement provides $4,000,000 from local
funds for payment on short-term borrowing as proposed by both
the House and Senate.
Certificates of Participation
The conference agreement provides $11,252,000 from local
funds for certificates of participation as proposed by both the
House and Senate.
Settlements and Judgments
The conference agreement provides $20,270,000 from local
funds for settlements and judgments as proposed by both the
House and Senate.
Wilson Building
The conference agreement provides $3,633,000 from local
funds for the Wilson building as proposed by both the House and
Senate.
Workforce Investments
The conference agreement provides $38,114,000 from local
funds for workforce investments as proposed by both the House
and Senate.
Non-Departmental Agency
The conference agreement includes $13,946,000 for the
Non-Departmental Agency, including $4,000,000 from local funds
and $9,946,000 from other funds as proposed by both the House
and Senate.
Emergency Planning and Security Fund
The conference agreement provides $15,000,000 from funds
previously appropriated in this Act under the heading Federal
Payment for Emergency Planning and Security costs as proposed
by both the House and Senate.
Old Convention Center Demolition Reserve
The conference agreement provides not to exceed
$11,000,000 from the general fund balance for the old
convention center demolition reserve as proposed by the Senate.
The House had no similar provision.
Tax Increment Financing Program
The conference agreement provides $9,710,000 from local
funds for a tax increment-financing program as proposed by both
the House and Senate.
Equipment Lease Operating
The conference agreement provides $23,109,000 for
equipment lease operating from local funds as proposed by the
House. The Senate had no similar provision.
Emergency and Contingency Reserve Funds
The conference agreement provided such amounts from local
funds as are necessary to meet the balance requirements for the
emergency reserve fund and the contingency reserve fund as
proposed by both the House and Senate.
Family Literacy
The conference agreement provides $1,000,000 for the
Family Literacy Program as proposed by the House. The Senate
had no similar provision.
Pay-as-You-Go Capital
The conference agreement includes $6,531,000 from local
funds for pay-as-you-go capital as proposed by both the House
and Senate. In addition, the conference agreement includes
language allowing the transfer of funds to other headings in
this Act as proposed by the Senate. The House had no similar
provision.
Pay-as-You-Go Contingency
The conference agreement includes $43,137,000 subject to
the Criteria for Spending Pay-As-You-Go Funding Act as proposed
by both the House and Senate.
Revised Revenue Estimate Contingency Priority
The conference agreement provides that if the Chief
Financial Officer certifies, through a revised revenue
estimate, that funds are available from local funds, such funds
will be expended based on the Contingency for Recordation and
Transfer Tax Reduction and the Office of Property Management
and Library Expenditures Act as proposed by both the House and
Senate.
ENTERPRISE AND OTHER FUNDS
Water and Sewer Authority
The conference agreement provides $287,206,000 from other
funds for the Water and Sewer Authority as proposed by the
Senate instead of $275,289,000 as proposed by the House. The
agreement also includes $371,040,000 from other funds for
construction projects as proposed by both the House and Senate.
In addition, the agreement includes $4,800,000 from funds
previously appropriated in this Act as a Federal payment for
the combined sewer overflow long-term plan, as proposed by the
House and the Senate.
Washington Aqueduct
The conference agreement includes $47,972,000 from other
funds for the Washington Aqueduct as proposed by both the House
and Senate.
Stormwater Permit Compliance Enterprise Fund
The conference agreement includes $3,792,000 from other
funds for the Stormwater Permit Compliance Enterprise Fund as
proposed by both the House and Senate.
Lottery and Charitable Games Enterprise Fund
The conference agreement includes $247,000,000 from other
funds for the Lottery and Charitable Games Enterprise Fund as
proposed by both the House and Senate.
Sports and Entertainment Commission
The conference agreement includes $7,322,000 from local
funds for the Sports and Entertainment Commission as proposed
by both the House and Senate.
District of Columbia Retirement Board
The conference agreement includes $15,277,000 for the
District of Columbia Retirement Board from other funds as
proposed by both the House and Senate.
Washington Convention Center Enterprise Fund
The conference agreement includes $77,176,000 from other
funds for the Washington Convention Center Enterprise Fund as
proposed by both the House and Senate.
National Capital Revitalization Corporation
The conference agreement includes $7,850,000 from other
funds for the National Capital Revitalization Corporation as
proposed by both the House and Senate.
University of the District of Columbia
The conference agreement includes $85,102,000 for the
University of the District of Columbia as proposed by the House
and Senate.
Unemployment Insurance Trust Fund
The conference agreement includes $180,000,000 for the
Unemployment Insurance Trust Fund as proposed by the House and
Senate. The title of the account is agreed to as the
``Unemployment Insurance Trust Fund'' as proposed by the House
instead of ``Unemployment Compensation Fund'' as proposed by
the Senate.
Other Post Employee Benefits Trust Fund
The conference agreement includes $953,000 for the Other
Post Employee Benefits Trust Fund as proposed by the House and
Senate. The title of the account is agreed to as ``Other Post
Employee Benefits Trust Fund'' as proposed by the House instead
of ``District of Columbia Personnel Trust Fund'' as proposed by
the Senate.
District of Columbia Public Library Trust Fund
The conference agreement includes $17,000 for the
District of Columbia Public Library Trust Fund as proposed by
the House and Senate. The title of this account is agreed to as
``District of Columbia Public Library Trust Fund'' as proposed
by the Senate instead of the abbreviation as proposed by the
House.
CAPITAL OUTLAY
(INCLUDING RESCISSIONS)
The conference agreement includes $1,087,649,000 for
capital outlays, including $839,898,000 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 years as proposed by the House
instead of $839,897,000 from local funds and $367,763,000 from
local funds previously appropriated as proposed by the Senate.
All other amounts were in agreement. In addition, the agreement
includes from funds previously appropriated in this Act as
Federal payments, $3,000,000 for the Anacostia Waterfront
Initiative; $6,000,000 for the Unified Communications Center,
and $8,000,000 for the Bioterrorism and Forensics Laboratory.
TITLE III--GENERAL PROVISIONS
The conference agreement changes the section numbers and
makes technical corrections to several provisions.
The conference agreement excludes a provision as proposed
by the Senate (Sec. 305) that requires the reporting of
employee payroll information to various congressional
committees and the D.C. Council. The House bill contained no
similar provision.
The conference agreement includes the language in Sec.
105(a) as proposed by the House, and changes the section number
to Sec. 305, to prohibit the use of any funds in the Act 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.
The Senate bill (Sec. 306) proposed the use of local funds for
this purpose.
Also in Sec. 305, the conference agreement includes the
language in Sec. 105(b) as proposed by the House to allow the
use of local funds to carry out lobbying activities on any
matter except the promotion or support of any boycott,
statehood for the District or voting representation in
Congress. The Senate bill (Sec. 307) proposed the use of local
funds for these purposes.
The conference agreement includes the language in Sec.
115 as proposed by the House, and changes the section number to
Sec. 315, relating to restrictions on the use of official
vehicles. The Senate bill included a similar provision (Sec.
317).
The conference agreement includes the language in Sec.
117 as proposed by the House, and changes the section number to
Sec. 317, that prohibits the use of appropriated funds by the
Corporation Counsel or any other office 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. The Senate bill (Sec. 319) allowed the use of
local funds for this purpose.
The conference agreement includes the language in Sec.
118 as proposed by the House, and changes the section number to
Sec. 318, to prohibit the use of any funds contained in this
Act for needle exchange programs. The Senate bill (Sec. 320)
allowed the use of local funds for such programs.
The conference agreement includes the language in Sec.
125 as proposed by the House, and changes the section number to
Sec. 325, to prohibit the transfer of Federal funds in this Act
without appropriate authority. The Senate bill contained no
similar provision.
The conference agreement includes the language in Sec.
331 as proposed by the Senate, and changes the section number
to Sec. 329, to repeal certain sections of the District of
Columbia Official Code to eliminate certain bonding
requirements for court officers. The House bill (Sec. 136)
proposed similar language.
The conference agreement includes the language in Sec.
332 as proposed by the Senate, and changes the section number
to Sec. 330, to amend the District of Columbia Official Code to
allow the D.C. Courts to take advantage of the Federal program
of discounted airfares. The House bill (Sec. 137) proposed
similar language.
The conference agreement includes the language in Sec.
129 as proposed by the House, and changes the section number to
Sec. 331, that provides for appropriations in this Act to be
increased by no more than $15,000,000 from unexpended general
funds and sets forth certain criteria for the use of the funds.
The Senate bill contained no similar provision.
The conference agreement includes the language in Sec.
333 as proposed by the Senate, and changes the section number
to Sec. 332, to amend section 450A of the District of Columbia
Home Rule Act relating to emergency and contingency reserve
funds. The House bill (Sec. 130) proposed similar language.
The conference agreement includes the language in Sec.
334 as proposed by the Senate related to re-calculating the
District's emergency and contingency cashreserve funds, and
changes the section number to Sec. 333. The House bill (Sec. 131)
proposed similar language.
The conference agreement includes the language in Sec.
132 as proposed by the House, and changes the section number to
Sec. 334, to amend language that authorizes expenses associated
with the processing of retirement and disability payments. The
Senate bill (Sec. 335) proposed similar language.
The conference agreement includes the language in Sec.
133 as proposed by the House, and changes the section number to
Sec. 335, to clarify that all funds placed within the charter
school fund are appropriated funds for the purpose. The Senate
bill contained no similar provision.
The conference agreement includes the language in Sec.
134 as proposed by the House, and changes the section number to
Sec. 336, to extend authority of the Chief Financial Officer.
The Senate bill (Sec. 337) proposed similar language.
The conference agreement includes the language in Sec.
135 as proposed by the House, and changes the section number to
Sec. 337, to eliminate certain Federal agency reporting
requirements relating to payments to the District of Columbia
Water and Sewer Authority. The Senate bill (Sec. 330) proposed
similar language.
The conference agreement includes the language in Sec.
336 as proposed by the Senate, and changes the section number
to Sec. 338, relating to funding for the operation of the
Office of the Inspector General. The House bill (Sec. 138)
proposed similar language.
The conference agreement includes the language in Sec.
338 as proposed by the Senate, and changes the section number
to Sec. 339, that amends language relating to the Federal
payment for incentives for the adoption of children. The House
bill contained no similar provision.
The conference agreement includes the language in Sec.
339 as proposed by the Senate, and changes the section number
to Sec. 340, to allow the Office of Charter School Financing
and Support to use Federal credit enhancement or direct loan
funds to provide guarantees for charter schools. The House bill
contained no similar provision.
The conference agreement includes the language in Sec.
340 and Sec. 341 as proposed by the Senate, and changes the
section numbers to Sec. 341 and Sec. 342, to amend the District
of Columbia School Reform Act of 1995 to further support and
expand charter schools in the District. The language modifies
the process for filing charter school petitions and encourages
public schools to convert to charter schools. In addition, the
language requires that a public school which converts to a
public charter school may retain the facility which it occupied
as a public school. The House bill contained no similar
provisions.
The conference agreement includes the language in Sec.
342 as proposed by the Senate, and changes the section number
to Sec. 343, to clarify the auditing procedures of the District
of Columbia Public Charter School Board and increase oversight
and accountability. The House bill contained no similar
provision.
The conference agreement modifies the language in Sec.
323 as proposed by the Senate, and changes the section number
to Sec. 344 to provide authority for the transfer of certain
property in the District of Columbia. The House bill contained
no such provision.
The conference agreement includes language in Sec. 345
that changes the amount of Federal funds that may be expended
for the Chicago Sanitary and Ship Canal Dispersal Barrier.
The conference agreement includes the language in Sec.
344 as proposed by the Senate, and changes the section number
to Sec. 346, to establish a biennial evaluation of the District
of Columbia chartering authorities for the District of Columbia
public charter schools. The House bill contained no such
provision.
The conference agreement includes the language in Sec.
345 as proposed by the Senate, and changes the section number
to Sec. 347, to clarify the operations of the Public Charter
School Board relating to auditing and contracting and
procurement. The House bill contained no such provision.
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 2005 recommended by the Committee of Conference,
with comparisons to the fiscal year 2004 amount, the 2005
budget estimates, and the House and Senate bills for 2005
follow:
[In thousands of dollars]
New budget (obligational) authority, fiscal year 2004... $541,783
Budget estimates of new (obligational) authority, fiscal
year 2005........................................... 560,359
House bill, fiscal year 2005............................ 560,000
Senate bill, fiscal year 2005........................... 560,000
Conference agreement, fiscal year 2005.................. 560,000
Conference agreement compared with:
New budget (obligational) authority, fiscal year
2004.............................................. +18,217
Budget estimates of new (obligational) authority,
fiscal year 2005.................................. -359
House bill, fiscal year 2005........................ +0
Senate bill, fiscal year 2005....................... +0
Rodney Frelinghuysen,
Ernest J. Istook, Jr.,
Randy ``Duke'' Cunningham,
John T. Doolittle,
Dave Weldon,
John Abney Culberson,
Bill Young,
Chaka Fattah,
Ed Pastor,
Robert E. ``Bud'' Cramer, Jr.,
David R. Obey,
Managers on the Part of the House.
Mike DeWine,
Sam Brownback,
Kay Bailey Hutchison,
Ted Stevens,
Mary Landrieu,
Daniel K. Inouye,
Managers on the Part of the Senate.