[108th Congress Public Law 335]
[From the U.S. Government Printing Office]
[DOCID: f:publ335.108]
[[Page 1321]]
DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 2005
[[Page 118 STAT. 1322]]
Public Law 108-335
108th Congress
An Act
Making appropriations for the government of the District of Columbia and
other activities chargeable in whole or in part against revenues of said
District for the fiscal year ending September 30, 2005, and for other
purposes. <<NOTE: Oct. 18, 2004 - [H.R. 4850]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: District of
Columbia Appropriations Act, 2005.>> That the following sums are
appropriated, out of any money in the Treasury not otherwise
appropriated, for the District of Columbia and related agencies for the
fiscal year ending September 30, 2005, and for other purposes, namely:
TITLE I--FEDERAL FUNDS
Federal Payment for Resident Tuition Support
For a Federal payment to the District of Columbia, to be deposited
into a dedicated account, for a nationwide program to be administered by
the Mayor, for District of Columbia resident tuition support,
$25,600,000, to remain available until expended: Provided, That such
funds, including any interest accrued thereon, may be used on behalf of
eligible District of Columbia residents to pay an amount based upon the
difference between in-State and out-of-State tuition at public
institutions of higher education, or to pay up to $2,500 each year at
eligible private institutions of higher education: Provided further,
That the awarding of such funds may be prioritized on the basis of a
resident's academic merit, the income and need of eligible students and
such other factors as may be authorized: Provided further, That the
District of Columbia government shall maintain a dedicated account for
the Resident Tuition Support Program that shall consist of the Federal
funds appropriated to the Program in this Act and any subsequent
appropriations, any unobligated balances from prior fiscal years, and
any interest earned in this or any fiscal year: Provided further, That
the account shall be under the control of the District of Columbia Chief
Financial Officer, who shall use those funds solely for the purposes of
carrying out the Resident Tuition Support Program: Provided
further, <<NOTE: Reports.>> That the Office of the Chief Financial
Officer shall provide a quarterly financial report to the Committees on
Appropriations of the House of Representatives and Senate for these
funds showing, by object class, the expenditures made and the purpose
therefor: Provided further, That not more than $1,200,000 of the total
amount appropriated for this program may be used for administrative
expenses.
[[Page 118 STAT. 1323]]
Federal Payment for Emergency Planning and Security Costs in the
District of Columbia
For necessary expenses, as determined by the Mayor of the District
of Columbia in written consultation with the elected county or city
officials of surrounding jurisdictions, $15,000,000, to remain available
until expended, to reimburse the District of Columbia for the costs of
providing public safety at events related to the presence of the
national capital in the District of Columbia and for the costs of
providing support to respond to immediate and specific terrorist threats
or attacks in the District of Columbia or surrounding jurisdictions:
Provided, <<NOTE: Notification. President.>> That any amount provided
under this heading shall be available only after notice of its proposed
use has been transmitted by the President to Congress and such amount
has been apportioned pursuant to chapter 15 of title 31, United States
Code.
Federal Payment to the District of Columbia Courts
For salaries and expenses for the District of Columbia Courts,
$190,800,000, to be allocated as follows: for the District of Columbia
Court of Appeals, $8,952,000, of which not to exceed $1,500 is for
official reception and representation expenses; for the District of
Columbia Superior Court, $84,948,000, of which not to exceed $1,500 is
for official reception and representation expenses; for the District of
Columbia Court System, $40,699,000, of which not to exceed $1,500 is for
official reception and representation expenses; and $56,201,000, to
remain available until September 30, 2006, for capital improvements for
District of Columbia courthouse facilities: Provided, That
notwithstanding any other provision of law, a single contract or related
contracts for development and construction of facilities may be employed
which collectively include the full scope of the project: Provided
further, That the solicitation and contract shall contain the clause
``availability of Funds'' found at 48 CFR 52.232-18: Provided further,
That funds made available for capital improvements shall be expended
consistent with the General Services Administration master plan study
and building evaluation report: Provided
further, <<NOTE: Contracts. Reports.>> That notwithstanding any other
provision of law, all amounts under this heading shall be apportioned
quarterly by the Office of Management and Budget and obligated and
expended in the same manner as funds appropriated for salaries and
expenses of other Federal agencies, with payroll and financial services
to be provided on a contractual basis with the General Services
Administration (GSA), and such services shall include the preparation of
monthly financial reports, copies of which shall be submitted directly
by GSA to the President and to the Committees on Appropriations of the
House of Representatives and Senate, the Committee on Government Reform
of the House of Representatives, and the Committee on Governmental
Affairs of the Senate: Provided further, That 30 days after providing
written notice to the Committees on Appropriations of the House of
Representatives and Senate, the District of Columbia Courts may
reallocate not more than $1,000,000 of the funds provided under this
heading among the items and entities funded under this heading for
operations, and not more than 4 percent of the funds provided under this
heading for facilities.
[[Page 118 STAT. 1324]]
Defender Services in District of Columbia Courts
For payments authorized under section 11-2604 and section 11-2605,
D.C. Official Code (relating to representation provided under the
District of Columbia Criminal Justice Act), payments for counsel
appointed in proceedings in the Family Court of the Superior Court of
the District of Columbia under chapter 23 of title 16, D.C. Official
Code, or pursuant to contractual agreements to provide guardian ad litem
representation, training, technical assistance and such other services
as are necessary to improve the quality of guardian ad litem
representation, payments for counsel appointed in adoption proceedings
under chapter 3 of title 16, D.C. Code, and payments for counsel
authorized under section 21-2060, D.C. Official Code (relating to
representation provided under the District of Columbia Guardianship,
Protective Proceedings, and Durable Power of Attorney Act of 1986),
$38,500,000, to remain available until expended: Provided, That the
funds provided in this Act under the heading ``Federal Payment to the
District of Columbia Courts'' (other than the $56,201,000 provided under
such heading for capital improvements for District of Columbia
courthouse facilities) may also be used for payments under this heading:
Provided further, That in addition to the funds provided under this
heading, the Joint Committee on Judicial Administration in the District
of Columbia shall use funds provided in this Act under the heading
``Federal Payment to the District of Columbia Courts'' (other than the
$56,201,000 provided under such heading for capital improvements for
District of Columbia courthouse facilities), to make payments described
under this heading for obligations incurred during any fiscal year:
Provided further, That funds provided under this heading shall be
administered by the Joint Committee on Judicial Administration in the
District of Columbia: Provided
further, <<NOTE: Contracts. Reports.>> That notwithstanding any other
provision of law, this appropriation shall be apportioned quarterly by
the Office of Management and Budget and obligated and expended in the
same manner as funds appropriated for expenses of other Federal
agencies, with payroll and financial services to be provided on a
contractual basis with the General Services Administration (GSA), and
such services shall include the preparation of monthly financial
reports, copies of which shall be submitted directly by GSA to the
President and to the Committees on Appropriations of the House of
Representatives and Senate, the Committee on Government Reform of the
House of Representatives, and the Committee on Governmental Affairs of
the Senate.
Federal Payment to the Court Services and Offender Supervision Agency
for the District of Columbia
For salaries and expenses, including the transfer and hire of motor
vehicles, of the Court Services and Offender Supervision Agency for the
District of Columbia and the Public Defender Service for the District of
Columbia, as authorized by the National Capital Revitalization and Self-
Government Improvement Act of 1997, $180,000,000, of which not to exceed
$2,000 is for official reception and representation expenses related to
Community Supervision and Pretrial Services Agency programs; of which
not to exceed $25,000 is for dues and assessments relating to the
implementation of
[[Page 118 STAT. 1325]]
the Court Services and Offender Supervision Agency Interstate
Supervision Act of 2002; of which $110,853,000 shall be for necessary
expenses of Community Supervision and Sex Offender Registration, to
include expenses relating to the supervision of adults subject to
protection orders or the provision of services for or related to such
persons; of which $39,314,000 shall be available to the Pretrial
Services Agency; and of which $29,833,000 shall be transferred to the
Public Defender Service for the District of Columbia: Provided, That
notwithstanding any other provision of law, all amounts under this
heading shall be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal agencies:
Provided further, That the Director is authorized to accept and use
gifts in the form of in-kind contributions of space and hospitality to
support offender and defendant programs, and equipment and vocational
training services to educate and train offenders and defendants:
Provided further, <<NOTE: Records. Public information.>> That the
Director shall keep accurate and detailed records of the acceptance and
use of any gift or donation under the previous proviso, and shall make
such records available for audit and public inspection: Provided
further, That the Court Services and Offender Supervision Agency
Director is authorized to accept and use reimbursement from the D.C.
Government for space and services provided on a cost reimbursable basis:
Provided further, That the Public Defender Service is authorized to
charge fees to cover costs of materials distributed to attendees of
educational events, including conferences, sponsored by the Public
Defender Service, and notwithstanding section 3302 of title 31, United
States Code, said fees shall be credited to the Public Defender Service
account to be available for use without further appropriation.
Federal Payment to the District of Columbia Water and Sewer Authority
For a Federal payment to the District of Columbia Water and Sewer
Authority, $4,800,000, to remain available until expended, to continue
implementation of the Combined Sewer Overflow Long-Term Plan: Provided,
That the District of Columbia Water and Sewer Authority provides a 100
percent match for this payment.
Federal Payment for the Anacostia Waterfront Initiative
For a Federal payment to the District of Columbia Department of
Transportation, $3,000,000, to remain available until September 30,
2006, for design and construction of a continuous pedestrian and bicycle
trail system from the Potomac River to the District's border with
Maryland.
Federal Payment to the Criminal Justice Coordinating Council
For a Federal payment to the Criminal Justice Coordinating Council,
$1,300,000, to remain available until expended, to support initiatives
related to the coordination of Federal and local criminal justice
resources in the District of Columbia.
[[Page 118 STAT. 1326]]
Federal Payment for the Unified Communications Center
For a Federal payment to the District of Columbia, $6,000,000, to
remain available until expended, for the Unified Communications Center.
Federal Payment for Transportation Assistance
For a Federal payment to the District of Columbia Department of
Transportation, $2,500,000, of which $1,000,000 shall be allocated to
implement a downtown circulator transit system, and of which $1,500,000
shall be to offset a portion of the District of Columbia's allocated
operating subsidy payment to the Washington Metropolitan Area Transit
Authority.
Federal Payment for Public School Libraries
For a Federal payment to the District of Columbia Public Schools,
$6,000,000, to remain available until expended, for a public school
library enhancement program: Provided, That the District of Columbia
Public Schools provides a 100 percent match for this payment: Provided
further, That the Federal portion is for the acquisition of library
resources: Provided further, That the matching portion is for any
necessary facilities upgrades.
Federal Payment for the Family Literacy Program
For a Federal payment to the District of Columbia, $1,000,000, for a
Family Literacy Program to address the needs of literacy-challenged
parents while endowing their children with an appreciation for literacy
and strengthening familial ties: Provided, That the District of Columbia
shall provide a 100 percent match with local funds as a condition of
receiving this payment.
Federal Payment for Foster Care Improvements in the District of Columbia
For a Federal payment to the District of Columbia for foster care
improvements, $5,000,000, to remain available until expended: Provided,
That $3,250,000 shall be for the Child and Family Services Agency, of
which $2,000,000 shall be for the early intervention program to provide
intensive and immediate services for foster children; of which $750,000
shall be for the emergency support fund to purchase services or
technology necessary to allow children to remain in the care of an
approved and licensed family member; of which $500,000 shall be for
technology upgrades: Provided further, That $1,250,000 shall be for the
Department of Mental Health to provide all court-ordered or agency-
required mental health screenings, assessments and treatments for
children under the supervision of the Child and Family Services Agency:
Provided further, That $500,000 shall be for the Washington Metropolitan
Council of Governments, to continue a program in conjunction with the
Foster and Adoptive Parents Advocacy Center, to provide respite care for
and recruitment of foster parents: Provided further, That these Federal
funds shall supplement and not supplant local funds for the purposes
described under this heading.
[[Page 118 STAT. 1327]]
Federal Payment to the Office of the Chief Financial Officer of the
District of Columbia
For a Federal payment to the Office of the Chief Financial Officer
of the District of Columbia, $32,500,000: Provided, That these funds
shall be available for the projects and in the amounts specified in the
statement of the managers on the conference report accompanying this
Act: Provided further, <<NOTE: Reports. Deadline.>> That each entity
that receives funding under this heading shall submit to the Office of
the Chief Financial Officer of the District of Columbia and the
Committees on Appropriations of the House of Representatives and Senate
a report on the activities to be carried out with such funds no later
than March 15, 2005.
Federal Payment for School Improvement
For a Federal payment for a school improvement program in the
District of Columbia, $40,000,000, to be allocated as follows: for the
District of Columbia Public Schools, $13,000,000 to improve public
school education in the District of Columbia; for the State Education
Office, $13,000,000 to expand quality public charter schools in the
District of Columbia, to remain available until September 30, 2006; for
the Secretary of the Department of Education, $14,000,000 to provide
opportunity scholarships for students in the District of Columbia in
accordance with division C, title III of the District of Columbia
Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 126), of which
up to $1,000,000 may be used to administer and fund assessments:
Provided, That of the $13,000,000 for the District of Columbia Public
Schools, not less than $2,000,000 shall be for a new incentive fund to
reward high performing or significantly improved public schools; not
less than $2,000,000 shall be to support the Transformation School
Initiative directed to schools in need of improvement: Provided
further, <<NOTE: Grants. Contracts.>> That of the remaining amounts, the
Superintendent of the District of Columbia Public Schools shall use such
sums as necessary to provide grants to schools which are not eligible
for other programs referenced under this heading, and to contract for
management consulting services and implement recommended reforms:
Provided further, That the Comptroller General shall conduct a financial
audit of the District of Columbia Public Schools: Provided further, That
of the $13,000,000 provided for public charter schools in the District
of Columbia, $2,000,000 shall be for the City Build Initiative to create
neighborhood-based charter schools; $2,750,000 shall be for the Direct
Loan Fund for Charter Schools; $150,000 shall be for administrative
expenses of the Office of Charter School Financing and Support to expand
outreach and support of charter schools; $100,000 shall be for the D.C.
Public Charter School Association to enhance the quality of charter
schools; $4,000,000 shall be for the development of an incubator
facility for public charter schools; $2,000,000 shall be for a charter
school college preparatory program; and $2,000,000 shall be for a new
incentive fund to reward high performing or significantly improved
public charter schools: Provided further, That the District of Columbia
government shall establish a dedicated account for the Office of Charter
School Financing and Support (the Office) that shall consist of the
Federal funds appropriated in this Act, any subsequent appropriations,
any unobligated balances from prior fiscal years, any additional grants,
and any interest and principal derived from
[[Page 118 STAT. 1328]]
loans made to Charter Schools, and repayment of dollars utilized to
support credit enhancement earned in this or any fiscal year: Provided
further, That the account shall be under the control of the District of
Columbia Chief Financial Officer who shall use those funds solely for
the purposes of carrying out the Credit Enhancement Program, Direct Loan
Fund Grant Program, and any other charter school financing under the
management of the Office: Provided further, <<NOTE: Reports.>> That in
this and subsequent fiscal years the Office of the Chief Financial
Officer shall conduct an annual audit of the funds expended by the
Office and provide an annual financial report to the Mayor, the Council
of the District of Columbia, the Office of the District of Columbia
Treasurer and the Committees on Appropriations of the House of
Representatives and Senate for these funds showing, by object class, the
expenditures made and the purpose therefor: Provided further, That not
more than $250,000 of the total amount appropriated for this program may
be used for administrative expenses and training expenses related to the
cost of the National Charter School Conference(s) to be hosted by
December 2006; and no more than 5 percent of the funds appropriated for
the direct loan fund may be used for administrative expenses related to
the administration and annual audit of the direct loan, grant, and
credit enhancement programs.
Federal Payment for Bioterrorism and Forensics Laboratory
For a Federal payment to the District of Columbia, $8,000,000, to
remain available until September 30, 2006, for design, planning, and
procurement costs associated with the construction of a bioterrorism and
forensics laboratory: Provided, That the District of Columbia shall
provide an additional $2,300,000 with local funds as a condition of
receiving this payment.
TITLE II--DISTRICT OF COLUMBIA FUNDS
OPERATING EXPENSES
Division of Expenses
The following amounts are appropriated for the District of Columbia
for the current fiscal year out of the general fund of the District of
Columbia, except as otherwise specifically provided: Provided, That
notwithstanding any other provision of law, except as provided in
section 450A of the District of Columbia Home Rule Act (D.C. Official
Code, sec. 1-204.50a) and provisions of this Act, the total amount
appropriated in this Act for operating expenses for the District of
Columbia for fiscal year 2005 under this heading shall not exceed the
lesser of the sum of the total revenues of the District of Columbia for
such fiscal year or $6,199,114,000 (of which $4,165,485,000 shall be
from local funds, $1,687,554,000 shall be from Federal grant funds,
$332,761,000 shall be from other funds, and $13,314,000 shall be from
private funds), in addition, $114,900,000 from funds previously
appropriated in this Act as Federal payments: Provided further, That
this amount may be increased by proceeds of one-time transactions, which
are expended for emergency or unanticipated operating or capital needs:
Provided further, That such increases shall be approved by enactment of
local District law and shall comply with
[[Page 118 STAT. 1329]]
all reserve requirements contained in the District of Columbia Home Rule
Act as amended by this Act: Provided further, That the Chief Financial
Officer of the District of Columbia shall take such steps as are
necessary to assure that the District of Columbia meets these
requirements, including the apportioning by the Chief Financial Officer
of the appropriations and funds made available to the District during
fiscal year 2005, except that the Chief Financial Officer may not
reprogram for operating expenses any funds derived from bonds, notes, or
other obligations issued for capital projects.
Governmental Direction and Support
Governmental direction and support, $416,069,000 (including
$261,068,000 from local funds, $100,256,000 from Federal grant funds,
and $54,745,000 from other funds), in addition, $32,500,000 from funds
previously appropriated in this Act under the heading ``Federal Payment
to the Chief Financial Officer of the District of Columbia'', and
$500,000 from funds previously appropriated in this Act under the
heading ``Federal Payment for Foster Care Improvements in the District
of Columbia'' shall be available to the Metropolitan Washington Council
of Governments: Provided, That not to exceed $9,300 for the Mayor,
$9,300 for the Chairman of the Council of the District of Columbia,
$9,300 for the City Administrator, and $9,300 for the Office of the
Chief Financial Officer shall be available from this appropriation for
official reception and representation expenses: Provided further, That
any program fees collected from the issuance of debt shall be available
for the payment of expenses of the debt management program of the
District of Columbia: Provided further, That no revenues from Federal
sources shall be used to support the operations or activities of the
Statehood Commission and Statehood Compact Commission: Provided further,
That the District of Columbia shall identify the sources of funding for
Admission to Statehood from its own locally generated revenues: Provided
further, That notwithstanding any other provision of law, or Mayor's
Order 86-45, issued March 18, 1986, the Office of the Chief Technology
Officer's delegated small purchase authority shall be $500,000: Provided
further, That the District of Columbia government may not require the
Office of the Chief Technology Officer to submit to any other
procurement review process, or to obtain the approval of or be
restricted in any manner by any official or employee of the District of
Columbia government, for purchases that do not exceed $500,000.
Economic Development and Regulation
Economic development and regulation, $334,745,000 (including
$55,764,000 from local funds, $93,050,000 from Federal grant funds,
$185,806,000 from other funds, and $125,000 from private funds), of
which $13,000,000 collected by the District of Columbia in the form of
BID tax revenue shall be paid to the respective BIDs pursuant to the
Business Improvement Districts Act of 1996 (D.C. Law 11-134; D.C.
Official Code, sec. 2-1215.01 et seq.), and the Business Improvement
Districts Amendment Act of 1997 (D.C. Law 12-26; D.C. Official Code,
sec. 2-1215.15 et seq.): Provided, That such funds are available for
acquiring services provided by the General Services Administration:
Provided further, That Business Improvement Districts shall be exempt
from taxes levied by the
[[Page 118 STAT. 1330]]
District of Columbia: Provided further, That local funds in the amount
of $1,200,000 shall be appropriated for the Excel Institute.
Public Safety and Justice
Public safety and justice, $797,423,000 (including $760,849,000 from
local funds, $6,599,000 from Federal grant funds, $29,966,000 from other
funds, and $9,000 from private funds), in addition, $1,300,000 from
funds previously appropriated in this Act under the heading ``Federal
Payment to the Criminal Justice Coordinating Council'': Provided, That
not to exceed $500,000 shall be available from this appropriation for
the Chief of Police for the prevention and detection of crime: Provided
further, <<NOTE: Reimbursement.>> That the Mayor shall reimburse the
District of Columbia National Guard for expenses incurred in connection
with services that are performed in emergencies by the National Guard in
a militia status and are requested by the Mayor, in amounts that shall
be jointly determined and certified as due and payable for these
services by the Mayor and the Commanding General of the District of
Columbia National Guard: Provided further, That such sums as may be
necessary for reimbursement to the District of Columbia National Guard
under the preceding proviso shall be available from this appropriation,
and the availability of the sums shall be deemed as constituting payment
in advance for emergency services involved.
Public Education System
Public education system, including the development of national
defense education programs, $1,223,424,000 (including $1,058,709,000
from local funds, $151,978,000 from Federal grant funds, $8,957,000 from
other funds, $3,780,000 from private funds) in addition, $25,600,000
from funds previously appropriated in this Act under the heading
``Federal Payment for Resident Tuition Support'', $6,000,000 from funds
previously appropriated in this Act under the heading ``Federal Payment
for Public School Libraries'', and $26,000,000 from funds previously
appropriated in this Act under the heading ``Federal Payment for School
Improvement in the District of Columbia'' to be allocated as follows:
(1) District of columbia public schools.--$888,944,000
(including $760,494,000 from local funds, $117,450,000 from
Federal grant funds, $7,330,000 from other funds, $3,670,000
from private funds), in addition, $6,000,000 from funds
previously appropriated in this Act under the heading ``Federal
Payment for Public School Libraries'' shall be available for
District of Columbia Public Schools and $13,000,000 from funds
previously appropriated in this Act under the heading ``Federal
Payment for School Improvement in the District of Columbia''
shall be available for District of Columbia Public Schools:
Provided, That notwithstanding any other provision of law, rule,
or regulation, the evaluation process and instruments for
evaluating District of Columbia Public School employees shall be
a non-negotiable item for collective bargaining purposes:
Provided further, That this appropriation shall not be available
to subsidize the education of any nonresident of the District of
Columbia at any District of Columbia public elementary
[[Page 118 STAT. 1331]]
or secondary school during fiscal year 2005 unless the
nonresident pays tuition to the District of Columbia at a rate
that covers 100 percent of the costs incurred by the District of
Columbia that are attributable to the education of the
nonresident (as established by the Superintendent of the
District of Columbia Public Schools): Provided further, That
notwithstanding the amounts otherwise provided under this
heading or any other provision of law, there shall be
appropriated to the District of Columbia Public Schools on July
1, 2005, an amount equal to 10 percent of the total amount of
the local funds appropriations request provided for the District
of Columbia Public Schools in the proposed budget of the
District of Columbia for fiscal year 2006 (as submitted to
Congress), and the amount of such payment shall be chargeable
against the final amount provided for the District of Columbia
Public Schools under the District of Columbia Appropriations
Act, 2006: Provided further, That not to exceed $9,300 for the
Superintendent of Schools shall be available from this
appropriation for official reception and representation
expenses.
(2) Teachers' retirement fund.--$9,200,000 from local funds
shall be available for the Teacher's Retirement Fund.
(3) State education office.--$43,104,000 (including
$10,015,000 from local funds, $32,913,000 from Federal grant
funds, and $176,000 from other funds), in addition, $25,600,000
from funds previously appropriated in this Act under the heading
``Federal Payment for Resident Tuition Support'' shall be
available for the State Education Office and $13,000,000 from
funds previously appropriated in this Act under the heading
``Federal Payment for School Improvement in the District of
Columbia'' shall be available for the State Education Office:
Provided, That of the amounts provided to the State Education
Office, $500,000 from local funds shall remain available until
June 30, 2006 for an audit of the student enrollment of each
District of Columbia Public School and of each District of
Columbia public charter school.
(4) District of columbia public charter schools.--
$196,802,000 from local funds shall be available for District of
Columbia public charter schools: Provided, That there shall be
quarterly disbursement of funds to the District of Columbia
public charter schools, with the first payment to occur within
15 days of the beginning of the fiscal year: Provided further,
That if the entirety of this allocation has not been provided as
payments to any public charter schools currently in operation
through the per pupil funding formula, the funds shall remain
available for public education in accordance with section
2403(b)(2) of the District of Columbia School Reform Act of 1995
(D.C. Official Code, sec. 38-1804.03(b)(2)): Provided further,
That of the amounts made available to District of Columbia
public charter schools, $100,000 shall be made available to the
Office of the Chief Financial Officer as authorized by section
2403(b)(5) of the District of Columbia School Reform Act of 1995
(D.C. Official Code, sec. 38-1804.03(b)(5)): Provided further,
That $750,000 of this amount shall be available to the District
of Columbia Public Charter School Board for administrative
costs: Provided further, That notwithstanding the amounts
otherwise provided under this heading or any
[[Page 118 STAT. 1332]]
other provision of law, there shall be appropriated to the
District of Columbia public charter schools on July 1, 2005, an
amount equal to 25 percent of the total amount of the local
funds appropriations request provided for payments to public
charter schools in the proposed budget of the District of
Columbia for fiscal year 2006 (as submitted to Congress), and
the amount of such payment shall be chargeable against the final
amount provided for such payments under the District of Columbia
Appropriations Act, 2006.
(5) University of the district of columbia subsidy.--
$49,602,000 from local funds shall be available for the
University of the District of Columbia subsidy: Provided, That
this appropriation shall not be available to subsidize the
education of nonresidents of the District of Columbia at the
University of the District of Columbia, unless the Board of
Trustees of the University of the District of Columbia adopts,
for the fiscal year ending September 30, 2005, a tuition rate
schedule that will establish the tuition rate for nonresident
students at a level no lower than the nonresident tuition rate
charged at comparable public institutions of higher education in
the metropolitan area: Provided further, That notwithstanding
the amounts otherwise provided under this heading or any other
provision of law, there shall be appropriated to the University
of the District of Columbia on July 1, 2005, an amount equal to
10 percent of the total amount of the local funds appropriations
request provided for the University of the District of Columbia
in the proposed budget of the District of Columbia for fiscal
year 2006 (as submitted to Congress), and the amount of such
payment shall be chargeable against the final amount provided
for the University of the District of Columbia under the
District of Columbia Appropriations Act, 2006: Provided further,
That not to exceed $9,300 for the President of the University of
the District of Columbia shall be available from this
appropriation for official reception and representation
expenses.
(6) District of columbia public libraries.--$30,831,000
(including $28,978,000 from local funds, $1,093,000 from Federal
grant funds, $651,000 from other funds, and $110,000 from
private funds) shall be available for the District of Columbia
Public Libraries: Provided, That not to exceed $7,500 for the
Public Librarian shall be available from this appropriation for
official reception and representation expenses.
(7) Commission on the arts and humanities.--$4,941,000
(including $3,618,000 from local funds, $523,000 from Federal
grant funds, and $800,000 from other funds) shall be available
for the Commission on the Arts and Humanities.
Human Support Services
Human support services, $2,533,825,000 (including $1,165,314,000
from local funds, $1,331,670,000 from Federal grant funds, $27,441,000
from other funds, $9,400,000 from private funds), in addition,
$4,500,000 from funds previously appropriated in this Act under the
heading ``Federal Payment to Foster Care Improvements in the District of
Columbia'': Provided, That $29,600,000 of this appropriation, to remain
available until expended, shall
[[Page 118 STAT. 1333]]
be available solely for District of Columbia employees' disability
compensation: Provided further, That no less than $8,498,720, to remain
available until expended, shall be deposited in the Addiction Recovery
Fund, established pursuant to section 5 of the Choice in Drug Treatment
Act of 2000, effective July 8, 2000 (D.C. Law 13-146; D.C. Official
Code, sec. 7-3004), to be used exclusively for the purpose of the Choice
in Drug Treatment program, established pursuant to section 4 of the
Choice in Drug Treatment Act of 2000 (D.C. Law 13-146; D.C. Official
Code, sec. 7-3003), of which $7,500,000 shall be provided from local
funds: Provided further, That none of the $8,498,720 for the Choice in
Drug Treatment program shall be used by the Department of Health's
Addiction Prevention and Recovery Administration to provide youth
residential treatment services or youth outpatient treatment services:
Provided further, That no less than $2,000,000 shall be available to the
Department of Health's Addiction Prevention and Recovery Administration
exclusively for the purpose of providing youth residential treatment
services: Provided further, That no less than $1,575,416 shall be
available to the Department of Health's Addiction Prevention and
Recovery Administration exclusively for the purpose of providing youth
outpatient treatment services, of which $750,000 shall be made available
exclusively to provide intensive outpatient treatment slots, outpatient
treatment slots, and other program costs for youth in the care of the
Youth Services Administration: Provided further, That no less than
$1,400,000 shall be used by the Department of Health's Addiction
Prevention and Recovery Administration to fund a Child and Family
Services Agency pilot project entitled Family Treatment Court: Provided
further, That $1,200,000 of local funds, to remain available until
expended, shall be deposited in the Adoption Voucher Fund, established
pursuant to section 3805(a) of the Adoption Voucher Fund Act of 2000,
effective October 19, 2000 (D.C. Law 13-172; D.C. Official Code, sec. 4-
344(a)), to be used exclusively for the purposes set forth in section
3805(b) of the Adoption Voucher Fund Act (D.C. Official Code, sec. 4-
344(b)): Provided further, That no less than $300,000 shall be used by
the Department of Health's Environmental Health Administration to
operate the Total Maximum Daily Load program: Provided further, That no
less than $1,268,500 shall be used by the Department of Health's
Environmental Health Administration to operate its air quality programs,
of which no less than $242,000 shall be used to fund 4 full-time air
quality employees: Provided further, That the Department of Human
Services, Youth Services Administration shall not expend any
appropriated fiscal year 2005 funds until the Mayor has submitted to the
Council by September 30, 2004, a plan, including time lines, to close
the Oak Hill Youth Center at the earliest feasible date. All of the
above proviso amounts in this heading relate back to and are a subset of
the first-referenced appropriation amount of $2,533,825,000.
Public Works
Public works, including rental of one passenger-carrying vehicle for
use by the Mayor and three passenger-carrying vehicles for use by the
Council of the District of Columbia and leasing of passenger-carrying
vehicles, $331,936,000 (including $312,035,000 from local funds,
$4,000,000 from Federal funds, and $15,901,000
[[Page 118 STAT. 1334]]
from other funds), in addition, $2,500,000 from funds previously
appropriated in this Act under the heading ``Federal Payment for
Transportation Assistance'': Provided, That this appropriation shall not
be available for collecting ashes or miscellaneous refuse from hotels
and places of business.
Cash Reserve
For the cumulative cash reserve established pursuant to section
202(j)(2) of the District of Columbia Financial Responsibility and
Management Assistance Act of 1995 (D.C. Official Code, sec. 47-
392.02(j)(2)), $50,000,000 from local funds.
Repayment of Loans and Interest
For payment of principal, interest, and certain fees directly
resulting from borrowing by the District of Columbia to fund District of
Columbia capital projects as authorized by sections 462, 475, and 490 of
the District of Columbia Home Rule Act (D.C. Official Code, secs. 1-
204.62, 1-204.75, and 1-204.90), $347,700,000 from local funds.
Payment of Interest on Short-Term Borrowing
For payment of interest on short-term borrowing, $4,000,000 from
local funds.
Certificates of Participation
For principal and interest payments on the District's Certificates
of Participation, issued to finance the ground lease underlying the
building located at One Judiciary Square, $11,252,000 from local funds.
Settlements and Judgments
For making refunds and for the payment of legal settlements or
judgments that have been entered against the District of Columbia
government, $20,270,000 from local funds: Provided, That this
appropriation shall not be construed as modifying or affecting the
provisions of section 303 of this Act.
Wilson Building
For expenses associated with the John A. Wilson building, $3,633,000
from local funds.
Workforce Investments
For workforce investments, $38,114,000 from local funds, to be
transferred by the Mayor of the District of Columbia within the various
appropriation headings in this Act for which employees are properly
payable: Provided, That of this amount $3,548,000 shall remain available
until expended to meet the requirements of the Compensation Agreement
Between the District of Columbia Government Units 1 and 2 Approval
Resolution of 2004, effective February 17, 2004 (Res. 15-459; 51 DCR
2325).
[[Page 118 STAT. 1335]]
Non-Departmental Agency
To account for anticipated costs that cannot be allocated to
specific agencies during the development of the proposed budget,
$13,946,000 (including $4,000,000 from local funds and $9,946,000 from
other funds) to be transferred by the Mayor of the District of Columbia
within the various appropriations headings in this Act: Provided, That
$4,000,000 from local funds shall be for anticipated costs associated
with the No Child Left Behind Act.
Emergency Planning and Security Fund
For Emergency Planning and Security Fund, $15,000,000 from funds
previously appropriated in this Act under the heading ``Federal Payment
for Emergency Planning and Security Costs in the District of Columbia''.
Old Convention Center Demolition Reserve
For the Old Convention Center Demolition Reserve, such amounts as
may be necessary, not to exceed $11,000,000, from the District's general
fund balance.
Tax Increment Financing Program
For a Tax Increment Financing Program, such amounts as are necessary
to meet the Tax Increment Financing requirements, not to exceed
$9,710,000 from the District's general fund balance.
Equipment Lease Operating
For Equipment Lease Operating $23,109,000 from local funds:
Provided, That for equipment leases, the Mayor may finance $19,453,000
of equipment cost, plus cost of issuance not to exceed 2 percent of the
par amount being financed on a lease purchase basis with a maturity not
to exceed 5 years.
Emergency and Contingency Reserve Funds
For the emergency reserve fund and the contingency reserve fund
under section 450A of the District of Columbia Home Rule Act (Public Law
98-198, as amended; D.C. Official Code, sec. 1-204.50a), such additional
amounts from the District's general fund balance as are necessary to
meet the balance requirements for such funds under section 450A.
Family Literacy
From funds previously appropriated in this Act under the heading
``Federal Payment for the Family Literacy Program'', $1,000,000.
Pay-As-You-Go Capital
For Pay-As-You-Go Capital funds in lieu of capital financing,
$6,531,000 from local funds, to be transferred to the Capital Fund.
[[Page 118 STAT. 1336]]
Pay-As-You-Go Contingency
For Pay-As-You-Go Contingency Fund, $43,137,000, subject to the
Criteria for Spending Pay-As-You-Go Funding Act of 2004, approved by the
Council of the District of Columbia on 1st reading, May 14, 2004 (Title
I of Bill 15-768), there are authorized to be transferred from the
contingency fund to certain other headings of this Act as necessary to
carry out the purposes of this Act. Expenditures from the Pay-As-You-Go
Contingency Fund shall be subject to the approval of the Council by
resolution.
Revised Revenue Estimate Contingency Priority
If the Chief Financial Officer for the District of Columbia
certifies through a revised revenue estimate that funds are available
from local funds, such available funds shall be expended as provided in
the Contingency for Recordation and Transfer Tax Reduction and the
Office of Property Management and Library Expenditures Act of 2004,
approved by the Council of the District of Columbia on 1st reading, May
14, 2004 (Bill 15-768), including up to $2,000,000 to the Office of
Property Management, up to $1,200,000 to the District of Columbia Public
Library, up to $256,000 to the D.C. Police and Firefighters Retirement
and Relief Board, and $132,600 for the Police and Fire Clinic.
ENTERPRISE AND OTHER FUNDS
Water and Sewer Authority
For operation of the Water and Sewer Authority, $287,206,000 from
other funds, of which $15,180,402 shall be apportioned for repayment of
loans and interest incurred for capital improvement projects and payable
to the District's debt service fund. For construction projects,
$371,040,000, to be distributed as follows: $181,656,000 for the Blue
Plains Wastewater Treatment Plant, $43,800,000 for the sewer program,
$9,118,000 for the stormwater program, $122,627,000 for the water
program, and $13,839,000 for the capital equipment program; in addition,
$4,800,000 from funds previously appropriated in this Act under the
heading ``Federal Payment to the District of Columbia Water and Sewer
Authority'': Provided, <<NOTE: Applicability.>> That the requirements
and restrictions that are applicable to general fund capital improvement
projects and set forth in this Act under the Capital Outlay
appropriation account shall apply to projects approved under this
appropriation account.
Washington Aqueduct
For operation of the Washington Aqueduct, $47,972,000 from other
funds.
Stormwater Permit Compliance Enterprise Fund
For operation of the Stormwater Permit Compliance Enterprise Fund,
$3,792,000 from other funds.
Lottery and Charitable Games Enterprise Fund
For the Lottery and Charitable Games Enterprise Fund, established by
the District of Columbia Appropriation Act, 1982, for
[[Page 118 STAT. 1337]]
the purpose of implementing the Law to Legalize Lotteries, Daily Numbers
Games, and Bingo and Raffles for Charitable Purposes in the District of
Columbia (D.C. Law 3-172; D.C. Official Code, sec. 3-1301 et seq. and
sec. 22-1716 et seq.), $247,000,000 from other funds: Provided, That the
District of Columbia shall identify the source of funding for this
appropriation title from the District's own locally generated revenues:
Provided further, That no revenues from Federal sources shall be used to
support the operations or activities of the Lottery and Charitable Games
Control Board: Provided further, That the Lottery and Charitable Games
Enterprise Fund is hereby authorized to make transfers to the general
fund of the District of Columbia, in excess of this appropriation, if
such funds are available for transfer.
Sports and Entertainment Commission
For the Sports and Entertainment Commission, $7,322,000 from other
funds: Provided, That the paragraph under the heading ``Sports and
Entertainment Commission'' in Public Law 108-199 (118 Stat. 125) is
amended by striking the term ``local funds'' and inserting the term
``other funds'' in its place.
District of Columbia Retirement Board
For the District of Columbia Retirement Board, established pursuant
to section 121 of the District of Columbia Retirement Reform Act of 1979
(D.C. Official Code, sec. 1-711), $15,277,000 from the earnings of the
applicable retirement funds to pay legal, management, investment, and
other fees and administrative expenses of the District of Columbia
Retirement Board: <<NOTE: Reports.>> Provided, That the District of
Columbia Retirement Board shall provide to the Congress and to the
Council of the District of Columbia a quarterly report of the
allocations of charges by fund and of expenditures of all funds:
Provided further, That the District of Columbia Retirement Board shall
provide the Mayor, for transmittal to the Council of the District of
Columbia, an itemized accounting of the planned use of appropriated
funds in time for each annual budget submission and the actual use of
such funds in time for each annual audited financial report.
Washington Convention Center Enterprise Fund
For the Washington Convention Center Enterprise Fund, $77,176,000
from other funds.
National Capital Revitalization Corporation
For the National Capital Revitalization Corporation, $7,850,000 from
other funds.
University of the District of Columbia
For the University of the District of Columbia, $85,102,000
(including, $49,603,000 from local funds previously appropriated in this
Act under the heading ``Public Education Systems'', $15,192,000 from
Federal funds, $19,434,000 from other funds, and $873,000 from private
funds): Provided, That this appropriation shall not be available to
subsidize the education of nonresidents
[[Page 118 STAT. 1338]]
of the District of Columbia at the University of the District of
Columbia, unless the Board of Trustees of the University of the District
of Columbia adopts, for the fiscal year ending September 30, 2005, a
tuition rate schedule that will establish the tuition rate for
nonresident students at a level no lower than the nonresident tuition
rate charged at comparable public institutions of higher education in
the metropolitan area.
Unemployment Insurance Trust Fund
For the Unemployment Insurance Trust Fund, $180,000,000 from other
funds.
Other Post Employee Benefits Trust Fund
For the Other Post Employee Benefits Trust Fund, $953,000 from other
funds.
District of Columbia Public Library Trust Fund
For the District of Columbia Public Library Trust Fund, $17,000 from
other funds: Provided, That $7,000 shall be for the Theodore W. Noyes
Trust Fund: Provided further, That $10,000 shall be for the Peabody
Trust Fund.
Capital Outlay
For construction projects, an increase of $1,087,649,000, of which
$839,898,000 shall be from local funds, $38,542,000 from Highway Trust
funds, $37,000,000 from the Rights-of-way funds, $172,209,000 from
Federal grant funds, and a rescission of $361,763,000 from local funds
appropriated under this heading in prior fiscal years, for a net amount
of $725,886,000, to remain available until expended; in addition,
$6,000,000 from funds previously appropriated in this Act under the
heading ``Federal Payment for the Unified Communications Center'',
$3,000,000 from funds previously appropriated in this Act under the
heading ``Federal Payment for the Anacostia Waterfront Initiative'', and
$8,000,000 from funds previously appropriated in this Act under the
heading ``Federal Payment for Bioterrorism and Forensics Laboratory'':
Provided, That funds for use of each capital project implementing agency
shall be managed and controlled in accordance with all procedures and
limitations established under the Financial Management System: Provided
further, That all funds provided by this appropriation title shall be
available only for the specific projects and purposes intended: Provided
further, <<NOTE: Schools.>> That the Office of the Chief Technology
Officer of the District of Columbia shall implement the following
information technology projects on behalf of the District of Columbia
Public Schools: Student Information System (project number T2240),
Student Information System PCS (project number T2241), Enterprise
Resource Planning (project number T2242), E-Rate (project number T2243),
and SETS Expansion PCS (project number T2244).
[[Page 118 STAT. 1339]]
TITLE III--GENERAL PROVISIONS
Sec. 301. Whenever in this Act, an amount is specified within an
appropriation for particular purposes or objects of expenditure, such
amount, unless otherwise specified, shall be considered as the maximum
amount that may be expended for said purpose or object rather than an
amount set apart exclusively therefor.
Sec. 302. Appropriations in this Act shall be available for expenses
of travel and for the payment of dues of organizations concerned with
the work of the District of Columbia government, when authorized by the
Mayor, or, in the case of the Council of the District of Columbia, funds
may be expended with the authorization of the Chairman of the Council.
Sec. 303. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of legal settlements or judgments that have been
entered against the District of Columbia government.
Sec. 304. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly provided herein.
Sec. 305. (a) Except as provided in subsection (b), no part of this
appropriation shall be used for publicity or propaganda purposes or
implementation of any policy including boycott designed to support or
defeat legislation pending before Congress or any State legislature.
(b) The District of Columbia may use local funds provided in this
Act to carry out lobbying activities on any matter other than--
(1) the promotion or support of any boycott; or
(2) statehood for the District of Columbia or voting
representation in Congress for the District of Columbia.
(c) Nothing in this section may be construed to prohibit any elected
official from advocating with respect to any of the issues referred to
in subsection (b).
Sec. 306. (a) None of the funds provided under this Act to the
agencies funded by this Act, both Federal and District government
agencies, that remain available for obligation or expenditure in fiscal
year 2005, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditures
for an agency through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds have
been denied or restricted;
(5) reestablishes any program or project previously deferred
through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in excess
of $1,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center, unless
[[Page 118 STAT. 1340]]
the Committees on Appropriations of the House of Representatives
and Senate are notified in writing 15 days in advance of the
reprogramming.
(b) None of the local funds contained in this Act may be available
for obligation or expenditure for an agency through a transfer of any
local funds in excess of $1,000,000 from one appropriation heading to
another unless the Committees on Appropriations of the House of
Representatives and Senate are notified in writing 15 days in advance of
the transfer, except that in no event may the amount of any funds
transferred exceed 4 percent of the local funds in the appropriations.
Sec. 307. Consistent with the provisions of section 1301(a) of title
31, United States Code, appropriations under this Act shall be applied
only to the objects for which the appropriations were made except as
otherwise provided by law.
Sec. 308. Notwithstanding any other provisions of law, the
provisions of the District of Columbia Government Comprehensive Merit
Personnel Act of 1978 (D.C. Law 2-139; D.C. Official Code, sec. 1-601.01
et seq.), enacted pursuant to section 422(3) of the District of Columbia
Home Rule Act (D.C. Official Code, sec. 1-204l.22(3)), shall apply with
respect to the compensation of District of Columbia employees. For pay
purposes, employees of the District of Columbia government shall not be
subject to the provisions of title 5, United States Code.
Sec. 309. <<NOTE: Deadline.>> No later than 30 days after the end of
the first quarter of fiscal year 2005, the Mayor of the District of
Columbia shall submit to the Council of the District of Columbia and the
Committees on Appropriations of the House of Representatives and Senate
the new fiscal year 2005 revenue estimates as of the end of such
quarter. These estimates shall be used in the budget request for fiscal
year 2006. The officially revised estimates
at <<NOTE: Reports.>> midyear shall be used for the midyear report.
Sec. 310. No sole source contract with the District of Columbia
government or any agency thereof may be renewed or extended without
opening that contract to the competitive bidding process as set forth in
section 303 of the District of Columbia Procurement Practices Act of
1985 (D.C. Law 6-85; D.C. Official Code, sec. 2-303.03), except that the
District of Columbia government or any agency thereof may renew or
extend sole source contracts for which competition is not feasible or
practical, but only if the determination as to whether to invoke the
competitive bidding process has been made in accordance with duly
promulgated rules and procedures and has been reviewed and certified by
the Chief Financial Officer of the District of Columbia.
Sec. 311. None of the Federal funds provided in this Act may be used
by the District of Columbia to provide for salaries, expenses, or other
costs associated with the offices of United States Senator or United
States Representative under section 4(d) of the District of Columbia
Statehood Constitutional Convention Initiatives of 1979 (D.C. Law 3-171;
D.C. Official Code, sec. 1-123).
Sec. 312. <<NOTE: Abortion.>> None of the funds appropriated under
this Act shall be expended for any abortion except where the life of the
mother would be endangered if the fetus were carried to term or where
the pregnancy is the result of an act of rape or incest.
Sec. 313. None of the Federal funds made available in this Act may
be used to implement or enforce the Health Care Benefits Expansion Act
of 1992 (D.C. Law 9-114; D.C. Official Code, sec.
[[Page 118 STAT. 1341]]
32-701 et seq.) or to otherwise implement or enforce any system of
registration of unmarried, cohabiting couples, including but not limited
to registration for the purpose of extending employment, health, or
governmental benefits to such couples on the same basis that such
benefits are extended to legally married couples.
Sec. 314. (a) Notwithstanding any other provision of this Act, the
Mayor, in consultation with the Chief Financial Officer of the District
of Columbia may accept, obligate, and expend Federal, private, and other
grants received by the District government that are not reflected in the
amounts appropriated in this Act.
(b)(1) No such Federal, private, or other grant may be accepted,
obligated, or expended pursuant to subsection (a) until--
(A) <<NOTE: Reports.>> the Chief Financial Officer of the
District of Columbia submits to the Council a report setting
forth detailed information regarding such grant; and
(B) the Council has reviewed and approved the acceptance,
obligation, and expenditure of such grant.
(2) For purposes of paragraph (1)(B), the Council shall be deemed to
have reviewed and approved the acceptance, obligation, and expenditure
of a grant if--
(A) no written notice of disapproval is filed with the
Secretary of the Council within 14 calendar days of the receipt
of the report from the Chief Financial Officer under paragraph
(1)(A); or
(B) if such a notice of disapproval is filed within such
deadline, the Council does not by resolution disapprove the
acceptance, obligation, or expenditure of the grant within 30
calendar days of the initial receipt of the report from the
Chief Financial Officer under paragraph (1)(A).
(c) No amount may be obligated or expended from the general fund or
other funds of the District of Columbia government in anticipation of
the approval or receipt of a grant under subsection (b)(2) or in
anticipation of the approval or receipt of a Federal, private, or other
grant not subject to such subsection.
(d) The Chief Financial Officer of the District of Columbia may
adjust the budget for Federal, private, and other grants received by the
District government reflected in the amounts appropriated in this Act,
or approved and received under subsection (b)(2) to reflect a change in
the actual amount of the grant.
(e) <<NOTE: Reports. Deadline.>> The Chief Financial Officer of the
District of Columbia shall prepare a quarterly report setting forth
detailed information regarding all Federal, private, and other grants
subject to this section. Each such report shall be submitted to the
Council of the District of Columbia and to the Committees on
Appropriations of the House of Representatives and Senate not later than
15 days after the end of the quarter covered by the report.
Sec. 315. (a) Except as otherwise provided in this section, none of
the funds made available by this Act or by any other Act may be used to
provide any officer or employee of the District of Columbia with an
official vehicle unless the officer or employee uses the vehicle only in
the performance of the officer's or employee's official duties. For
purposes of this paragraph, the term ``official duties'' does not
include travel between the officer's or employee's residence and
workplace, except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or is
otherwise designated by the Chief of the Department;
[[Page 118 STAT. 1342]]
(2) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency Medical
Services Department who resides in the District of Columbia and
is on call 24 hours a day or is otherwise designated by the Fire
Chief;
(3) the Mayor of the District of Columbia; and
(4) the Chairman of the Council of the District of Columbia.
(b) <<NOTE: Deadline. Reports.>> The Chief Financial Officer of the
District of Columbia shall submit by March 1, 2005, an inventory, as of
September 30, 2004, of all vehicles owned, leased or operated by the
District of Columbia government. The inventory shall include, but not be
limited to, the department to which the vehicle is assigned; the year
and make of the vehicle; the acquisition date and cost; the general
condition of the vehicle; annual operating and maintenance costs;
current mileage; and whether the vehicle is allowed to be taken home by
a District officer or employee and if so, the officer or employee's
title and resident location.
Sec. 316. None of the funds contained in this Act may be used for
purposes of the annual independent audit of the District of Columbia
government for fiscal year 2005 unless--
(1) the audit is conducted by the Inspector General of the
District of Columbia, in coordination with the Chief Financial
Officer of the District of Columbia, pursuant to section
208(a)(4) of the District of Columbia Procurement Practices Act
of 1985 (D.C. Official Code, sec. 2-302.8); and
(2) the audit includes as a basic financial statement a
comparison of audited actual year-end results with the revenues
submitted in the budget document for such year and the
appropriations enacted into law for such year using the format,
terminology, and classifications contained in the law making the
appropriations for the year and its legislative history.
Sec. 317. (a) None of the funds contained in this Act may be used by
the District of Columbia Corporation Counsel or any other officer or
entity of the District government to provide assistance for any petition
drive or civil action which seeks to require Congress to provide for
voting representation in Congress for the District of Columbia.
(b) Nothing in this section bars the District of Columbia
Corporation Counsel from reviewing or commenting on briefs in private
lawsuits, or from consulting with officials of the District government
regarding such lawsuits.
Sec. 318. <<NOTE: Hypodermic needle exchange.>> (a) None of the
funds contained in this Act may be used for any program of distributing
sterile needles or syringes for the hypodermic injection of any illegal
drug.
(b) Any individual or entity who receives any funds contained in
this Act and who carries out any program described in subsection (a)
shall account for all funds used for such program separately from any
funds contained in this Act.
Sec. 319. None of the funds contained in this Act may be used after
the expiration of the 60-day period that begins on the date of the
enactment of this Act to pay the salary of any chief financial officer
of any office of the District of Columbia government (including any
independent agency of the District of Columbia) who has not filed a
certification with the Mayor and the Chief Financial Officer of the
District of Columbia that the officer understands the duties and
restrictions applicable to the officer and the officer's agency as a
result of this Act (and the amendments
[[Page 118 STAT. 1343]]
made by this Act), including any duty to prepare a report requested
either in the Act or in any of the reports accompanying the Act and the
deadline by which each report must be
submitted. <<NOTE: Deadline. Reports.>> The Chief Financial Officer of
the District of Columbia shall provide to the Committees on
Appropriations of the House of Representatives and Senate by the 10th
day after the end of each quarter a summary list showing each report,
the due date, and the date submitted to the committees.
Sec. 320. (a) None of the funds contained in this Act may be used to
enact or carry out any law, rule, or regulation to legalize or otherwise
reduce penalties associated with the possession, use, or distribution of
any schedule I substance under the Controlled Substances Act (21 U.S.C.
802) or any tetrahydrocannabinols derivative.
(b) The Legalization of <<NOTE: Marijuana.>> Marijuana for Medical
Treatment Initiative of 1998, also known as Initiative 59, approved by
the electors of the District of Columbia on November 3, 1998, shall not
take effect.
Sec. 321. Nothing in this Act may be construed to prevent the
Council or Mayor of the District of Columbia from addressing the issue
of the provision of contraceptive coverage by health insurance plans,
but it is the intent of Congress that any legislation enacted on such
issue should include a ``conscience clause'' which provides exceptions
for religious beliefs and moral convictions.
Sec. 322. <<NOTE: Reports.>> The Mayor of the District of Columbia
shall submit to the Committees on Appropriations of the House of
Representatives and Senate, the Committee on Government Reform of the
House of Representatives, and the Committee on Governmental Affairs of
the Senate quarterly reports addressing--
(1) crime, including the homicide rate, implementation of
community policing, the number of police officers on local
beats, and the closing down of open-air drug markets;
(2) access to substance and alcohol abuse treatment,
including the number of treatment slots, the number of people
served, the number of people on waiting lists, and the
effectiveness of treatment programs;
(3) management of parolees and pre-trial violent offenders,
including the number of halfway houses escapes and steps taken
to improve monitoring and supervision of halfway house residents
to reduce the number of escapes to be provided in consultation
with the Court Services and Offender Supervision Agency for the
District of Columbia;
(4) education, including access to special education
services and student achievement to be provided in consultation
with the District of Columbia Public Schools and the District of
Columbia public charter schools;
(5) improvement in basic District services, including rat
control and abatement;
(6) application for and management of Federal grants,
including the number and type of grants for which the District
was eligible but failed to apply and the number and type of
grants awarded to the District but for which the District failed
to spend the amounts received; and
(7) indicators of child well-being.
Sec. 323. (a) <<NOTE: Deadline.>> No later than 30 calendar days
after the date of the enactment of this Act, the Chief Financial Officer
of the District of Columbia shall submit to the appropriate committees
[[Page 118 STAT. 1344]]
of Congress, the Mayor, and the Council of the District of Columbia a
revised appropriated funds operating budget in the format of the budget
that the District of Columbia government submitted pursuant to section
442 of the District of Columbia Home Rule Act (D.C. Official Code, sec.
1-204.42), for all agencies of the District of Columbia government for
fiscal year 2005 that is in the total amount of the approved
appropriation and that realigns all budgeted data for personal services
and other-than-personal-services, respectively, with anticipated actual
expenditures.
(b) <<NOTE: Applicability.>> This section shall apply only to an
agency where the Chief Financial Officer of the District of Columbia
certifies that a reallocation is required to address unanticipated
changes in program requirements.
Sec. 324. None of the funds contained in this Act may be used to
issue, administer, or enforce any order by the District of Columbia
Commission on Human Rights relating to docket numbers 93-030-(PA) and
93-031-(PA).
Sec. 325. None of the Federal funds made available in this Act may
be transferred to any department, agency, or instrumentality of the
United States Government, except pursuant to a transfer made by, or
transfer authority provided in, this Act or any other appropriation Act.
Sec. 326. Notwithstanding any other law, the District of Columbia
Courts shall transfer to the general treasury of the District of
Columbia all fines levied and collected by the Courts under section
10(b)(1) and (2) of the District of Columbia Traffic Act (D.C. Official
Code, sec. 50-2201.05(b)(1) and (2)). The transferred funds shall remain
available until expended and shall be used by the Office of the
Corporation Counsel for enforcement and prosecution of District traffic
alcohol laws in accordance with section 10(b)(3) of the District of
Columbia Traffic Act (D.C. Official Code, sec. 50-2201.05(b)(3)).
Sec. 327. None of the funds contained in this Act may be made
available to pay--
(1) the fees of an attorney who represents a party in an
action or an attorney who defends an action, including an
administrative proceeding, brought against the District of
Columbia Public Schools under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.) in excess of $4,000 for
that action; or
(2) the fees of an attorney or firm whom the Chief Financial
Officer of the District of Columbia determines to have a
pecuniary interest, either through an attorney, officer or
employee of the firm, in any special education diagnostic
services, schools, or other special education service providers.
Sec. 328. The Chief Financial Officer of the District of Columbia
shall require attorneys in special education cases brought under the
Individuals with Disabilities Act (IDEA) in the District of Columbia to
certify in writing that the attorney or representative rendered any and
all services for which they receive awards, including those received
under a settlement agreement or as part of an administrative proceeding,
under the IDEA from the District of Columbia. As part of the
certification, the Chief Financial Officer of the District of Columbia
shall require all attorneys in IDEA cases to disclose any financial,
corporate, legal, memberships on boards of directors, or other
relationships with any special education
[[Page 118 STAT. 1345]]
diagnostic services, schools, or other special education service
providers to which the attorneys have referred any clients as part of
this certification. The Chief Financial Officer <<NOTE: Reports.>> shall
prepare and submit quarterly reports to the Committees on Appropriations
of the House of Representatives and Senate on the certification of and
the amount paid by the government of the District of Columbia, including
the District of Columbia Public Schools, to attorneys in cases brought
under IDEA. The Inspector General of the District of Columbia may
conduct investigations to determine the accuracy of the certifications.
Sec. 329. Sections 11-1701(b)(5), 11-1704(b), 11-1723(b), 11-
2102(a)(2), and the second and third sentences of section 11-1724, of
the District of Columbia Official Code, are hereby repealed.
Sec. 330. Section 11-1728 of the District of Columbia Official Code,
is amended to read as follows:
``SEC. 11-1728. RECRUITMENT AND TRAINING OF PERSONNEL AND TRAVEL.
``(a) The Executive Officer shall be responsible for recruiting such
qualified personnel as may be necessary for the District of Columbia
Courts and for providing in-service training for court personnel.
``(b) Travel under Federal supply schedules is authorized for the
travel of court personnel on official business. The joint committee
shall prescribe such requirements, conditions and restrictions for such
travel as it considers appropriate, and shall include policies and
procedures for preventing abuses of that travel authority.''.
Sec. 331. The amount appropriated by this Act may be increased by no
more than $15,000,000 from funds identified in the comprehensive annual
financial report as the District's fiscal year 2004 unexpended general
fund surplus. The District may obligate and expend these amounts only in
accordance with the following conditions:
(1) The Chief Financial Officer of the District of Columbia
shall certify that the use of any such amounts is not
anticipated to have a negative impact on the District's long-
term financial, fiscal, and economic vitality.
(2) The District of Columbia may only use these funds for
the following expenditures:
(A) Unanticipated one-time expenditures.
(B) Expenditures to avoid deficit spending.
(C) Debt Reduction.
(D) Unanticipated program needs.
(E) Expenditures to avoid revenue shortfalls.
(3) The amounts shall be obligated and expended in
accordance with laws enacted by the Council in support of each
such obligation or expenditure.
(4) The amounts may not be used to fund the agencies of the
District of Columbia government under court ordered
receivership.
(5) The amounts may be obligated and expended only if
approved by the Committees on Appropriations of the House of
Representatives and Senate in advance of any obligation or
expenditure.
Sec. 332. Section 450A of the District of Columbia Home Rule Act,
approved December 24, 1973 (87 Stat. 803; D.C. Official Code, sec. 1-
204.50a), is amended as follows:
[[Page 118 STAT. 1346]]
(1) Subsection (a) is amended as follows:
(A) Paragraph (1) is amended to read as follows:
``(1) <<NOTE: Deadline.>> In general.--There is established
an emergency cash reserve fund (`emergency reserve fund') as an
interest-bearing account (separate from other accounts in the
General Fund) into which the Mayor shall make a deposit in cash
not later than October 1 of each fiscal year of such an amount
as may be required to maintain a balance in the fund of at least
2 percent of the operating expenditures as defined in paragraph
(2) of this subsection or such amount as may be required for
deposit in a fiscal year in which the District is replenishing
the emergency reserve fund pursuant to subsection (a)(7).''.
(B) Paragraph (2) is amended to read as follows:
``(2) In general.--For the purpose of this subsection,
operating expenditures is defined as the amount reported in the
District of Columbia's Comprehensive Annual Financial Report for
the fiscal year immediately preceding the current fiscal year as
the actual operating expenditure from local funds, less such
amounts that are attributed to debt service payments for which a
separate reserve fund is already established under this Act.''.
(C) Paragraph (7) is amended to read as follows:
``(7) Replenishment.--The District of Columbia shall
appropriate sufficient funds each fiscal year in the budget
process to replenish any amounts allocated from the emergency
reserve fund during the preceding fiscal years so that not less
than 50 percent of any amount allocated in the preceding fiscal
year or the amount necessary to restore the emergency reserve
fund to the 2 percent required balance, whichever is less, is
replenished by the end of the first fiscal year following each
such allocation and 100 percent of the amount allocated or the
amount necessary to restore the emergency reserve fund to the 2
percent required balance, whichever is less, is replenished by
the end of the second fiscal year following each such
allocation.''.
(2) Subsection (b) is amended as follows:
(A) Paragraph (1) is amended to read as follows:
``(1) <<NOTE: Deadline.>> In general.--There is established
a contingency cash reserve fund (`contingency reserve fund') as
an interest-bearing account, separate from other accounts in the
General Fund, into which the Mayor shall make a deposit in cash
not later than October 1 of each fiscal year of such amount as
may be required to maintain a balance in the fund of at least 4
percent of the operating expenditures as defined in paragraph
(2) of this subsection or such amount as may be required for
deposit in a fiscal year in which the District is replenishing
the emergency reserve fund pursuant to subsection (b)(6).''.
(B) Paragraph (2) is amended to read as follows:
``(2) In general.--For the purpose of this subsection,
operating expenditures is defined as the amount reported in the
District of Columbia's Comprehensive Annual Financial Report for
the fiscal year immediately preceding the current fiscal year as
the actual operating expenditure from local funds, less such
amounts that are attributed to debt service payments for which a
separate reserve fund is already established under this Act.''.
(C) Paragraph (6) is amended to read as follows:
[[Page 118 STAT. 1347]]
``(6) Replenishment.--The District of Columbia shall
appropriate sufficient funds each fiscal year in the budget
process to replenish any amounts allocated from the contingency
reserve fund during the preceding fiscal years so that not less
than 50 percent of any amount allocated in the preceding fiscal
year or the amount necessary to restore the contingency reserve
fund to the 4 percent required balance, whichever is less, is
replenished by the end of the first fiscal year following each
such allocation and 100 percent of the amount allocated or the
amount necessary to restore the contingency reserve fund to the
4 percent required balance, whichever is less, is replenished by
the end of the second fiscal year following each such
allocation.''.
Sec. 333. For fiscal year 2005, the Chief Financial Officer shall
re-calculate the emergency and contingency cash reserve funds amount
established by section 450A of the District of Columbia Home Rule Act,
approved December 24, 1973 (87 Stat. 803; D.C. Official Code, sec. 1-
204.50a), as amended by this Act and is authorized to transfer funds
between the emergency and contingency cash reserve funds to reach the
required percentages: Provided, That for fiscal year 2005, the Chief
Financial Officer may transfer funds from the emergency and contingency
cash reserve funds to the general fund of the District of Columbia to
the extent that such funds are not necessary to meet the requirements
established for each fund: Provided further, That the Chief Financial
Officer may not transfer funds from the emergency or the contingency
reserve funds to the extent that such a transfer would lower the fiscal
year 2005 total percentage below 7 percent of operating expenditures, as
amended by this Act.
Sec. 334. (a) Section 6 of the Policemen and Firemen's Retirement
and Disability Act Amendments of 1957 (sec. 5-732, D.C. Official Code)
is amended by striking the period at the end of the first sentence and
inserting the following: ``, and for the administrative costs associated
with making such benefit payments.''.
(b) <<NOTE: Applicability.>> The amendment made by subsection (a)
shall apply with respect to fiscal year 2005 and each succeeding fiscal
year.
Sec. 335. (a) Continuing Availability of Amounts in Charter School
Fund.--Section 2403(b)(1) of the District of Columbia School Reform Act
of 1995 (sec. 38-1804.03(b)(1), D.C. Official Code) is amended by adding
at the end the following new sentence: ``Amounts in the Charter School
Fund shall remain available until expended, and any amounts in the Fund
remaining unobligated or unexpended at the end of a fiscal year shall
not revert to the General Fund of the District of Columbia.''.
(b) Availability of Additional Local Funds for Charter School
Fund.--Section 2403(b)(2)(A) of such Act (sec. 38-1804.03(b)(2)(A), D.C.
Official Code) is amended by inserting after ``District of Columbia,''
the following: ``together with any other local funds that the Chief
Financial Officer of the District of Columbia certifies are necessary to
carry out the purposes of the Fund during the fiscal year,''.
(c) <<NOTE: Applicability.>> Effective Date.--The amendments made by
this section shall apply with respect to fiscal year 2005 and each
succeeding fiscal year.
Sec. 336. (a) Continuation of Certain Authority of Chief Financial
Officer.--Section 2302 of the Emergency Wartime Supplemental
Appropriations Act, 2003 (Public Law 108-11; 117
[[Page 118 STAT. 1348]]
Stat. 593), is amended by striking ``September 30, 2004'' and inserting
``September 30, 2005''.
(b) Effective Date.--The amendment made by subsection (a) shall take
effect as if included in the enactment of the Emergency Wartime
Supplemental Appropriations Act, 2003.
Sec. 337. (a) Section 106(b) of the District of Columbia Public
Works Act of 1954 (sec. 34-2401.25(b), D.C. Official Code) is amended by
striking paragraph (5).
(b) Section 212(b) of such Act (sec. 34-2112(b), D.C. Official Code)
is amended by striking paragraph (5).
(c) <<NOTE: Applicability.>> The amendments made by this section
shall apply with respect to quarters occurring during fiscal year 2005
and each succeeding fiscal year.
Sec. 338. Notwithstanding any other provision of this Act, there is
hereby appropriated for the Office of the Inspector General such amounts
in local funds, as are consistent with the annual estimates for the
expenditures and appropriations necessary for the operation of the
Office of the Inspector General as prepared by the Inspector General and
submitted to the Mayor and forwarded to the Council pursuant to D.C.
Official Code 2-302.08(a)(2)(A) for fiscal year 2005: Provided, That the
Office of the Chief Financial Officer shall take such steps as are
necessary to implement the provisions of this subsection.
Sec. 339. The paragraph under the heading ``Federal Payment for
Incentives for Adoption of Children'' in Public Law 106-113, approved
November 29, 1999 (113 Stat. 1501), is amended to add the following
proviso: ``: Provided further, That the funds provided under this
heading for the establishment of a scholarship fund for District of
Columbia children of adoptive families, and District of Columbia
children without parents due to the September 11, 2001 terrorist attack
to be used for post high school education and training, once obligated
by the District to establish the scholarship fund, shall remain
obligated and be retained by the District for 25 years from the date of
obligation to allow for any individual who is within the class of
persons to be assisted by this provision to reach post high school and
to present expenditures to be extinguished by the fund''.
Sec. 340. Authority of OPCSFS. (a) Section 161(3)(E)(i) of Public
Law 106-522 <<NOTE: 20 USC 1155.>> shall be amended to include a new
section known as (E)(i)(IV) to establish regulations for administering
lease guarantees through the credit enhancement fund to public charter
schools in the District of Columbia.
(b) The first sentence of section 143 of the District of Columbia
Appropriations Act of 2003 (Public Law 108-7; 117 Stat. 130) approved
April 20, 2003 is amended by striking the phrase, ``under the authority
of the Department of Banking and Financial Institutions'' and inserting
``under the authority of the Mayor'' in its place.
Sec. 341. Process for Filing Charter Petitions. D.C. Code 38-1802.01
is amended by adding a new subsection (e) as follows:
``(e) A petition to establish a public charter school in the
District of Columbia, or to convert a District of Columbia public school
or an existing private or independent school, is a public document.''.
Sec. 342. Amendments to Charter School Law. (a) Process for Filing
Charter Petitions.--Section 2201 of the District of Columbia School
Reform Act of 1995 (D.C. Code 38-1802.01) is amended--
[[Page 118 STAT. 1349]]
(1) in subsection (a)(3)(B), by striking ``two-thirds'' and
inserting ``51 percent''; and
(2) in subsection (b)(3)(B), by striking ``two-thirds'' and
inserting ``51 percent''.
(b) Employees.--Section 2207 of the District of Columbia School
Reform Act of 1995 (D.C. Code 38-1802.07) is amended by adding at the
end the following:
``(d) Teachers Remaining at Converted Public Charter Schools.--A
teacher employed at a District of Columbia public school that converts
to a public charter school under section 2201 shall have the option of
remaining at the charter school during the school's first year of
operation after receiving an extended leave of absence under subsection
(a)(1). After this 1-year period, the teacher may continue to be
employed at the public charter school, at the sole discretion of the
public charter school, or shall maintain current status within the
District of Columbia public school system.''.
(c) Public School Services to Public Charter Schools.--Section
2209(b) of the District of Columbia School Reform Act of 1995 (D.C. Code
38-1802.09(b)) is amended--
(1) in paragraph (1)--
(A) by amending subparagraph (A) to read as follows:
``(A) In general.--Notwithstanding any other
provision of law, regulation, or order relating to the
disposition of a facility or property described in
subparagraph (B), or to the disposition of any property
of the District of Columbia, the Mayor and the District
of Columbia government shall give a right of first
offer, which right shall be annually reinstated with
respect to any facility or property not previously
disposed of, or under contract to be disposed of, to an
eligible applicant whose petition to establish a public
charter school has been conditionally approved under
section 2203(d)(2), or a Board of Trustees, with respect
to the purchase, lease, transfer, or use of a facility
or property described in subparagraph (B).'';
(B) by amending subparagraph (B)(iii) to read as
follows:
``(iii) With respect to which--
``(I) the Board of Education has
transferred jurisdiction to the Mayor
and over which the Mayor has
jurisdiction on the effective date of
this subclause; or
``(II) over which the Mayor or any
successor agency gains jurisdiction
after the effective date of this
subclause.''; and
(C) by adding at the end the following:
``(C) Terms of purchase or lease.--The terms of
purchase or lease of a facility or property described in
subparagraph (B) shall--
``(i) be negotiated by the Mayor;
``(ii) include rent or an acquisition price,
as applicable, that is at least 25 percent less
than the appraised value of the property (based on
use of the property for school purposes); and
``(iii) include a lease period, if the
property is to be leased, of not less than 25
years, and renewable for additional 25-year
periods as long as the eligible
[[Page 118 STAT. 1350]]
applicant or Board of Trustees maintains its
charter.''; and
(2) in paragraph (2)(A), by striking ``preference'' and
inserting ``a right to first offer''; and
(3) by adding at the end the following:
``(3) Conversion public charter schools.--Any District of
Columbia public school that was approved to become a conversion
public charter school under section 2201 before the effective
date of this subsection or is approved to become a conversion
public charter school after the effective date of this
subsection, shall have the right to exclusively occupy the
facilities the school occupied as a District of Columbia public
school under a lease for a period of not less than 25 years,
renewable for additional 25-year periods as long as the school
maintains its charter at the non-profit rate, or if there is no
non-profit rate, at 25 percent less than the fair market rate
for school use.''.
Sec. 343. Annual Report to Congress. Section 2211 of the School
Reform Act of 1995 (D.C. Code 38-1802.11) is amended by--
(1) adding the following new subparagraph at the end of
section 2211(a)(1):
``(D) Shall ensure that each public charter school
complies with the annual reporting requirement of
subsection 38-1802.04(b)(11) of this Act, including
submission of the audited financial statement required
by sub-subsection (B)(ix) of that section.''; and
(2) adding the following before the period at the end of
subparagraph (d):
``(10) details of major Board actions; (11) major
findings from school reviews of academic, financial, and
compliance with health and safety standards and
resulting Board action or recommendations; (12) details
of the fifth year review process and outcomes; (13)
summary of annual financial audits of all charter
schools, including (a) the number of schools that failed
to timely submit the audited financial statement
required by that section; (b) the number of schools
whose audits revealed a failure to follow required
accounting practices or other material deficiencies; and
(c) the steps taken by the authority to ensure that
deficiencies found by the audits are rectified; (14)
number of schools which have required intervention by
authorizing board to address any academic or operational
issue; (15) what recommendations an authorizing board
has made to correct identified deficiencies''.
Sec. 344. Transfer to District of Columbia. (a) Transfer of
Jurisdiction.--
(1) <<NOTE: Deadline.>> In general.--Not later than 90 days
after the date of enactment of this Act, subject to subsection
(b), the Director of the National Park Service (referred to in
this section as the ``NPS''), acting on behalf of the Secretary
of the Interior, shall transfer jurisdiction to the government
of the District of Columbia, without consideration, the property
described in paragraph (2).
(2) Property.--The property referred to in paragraph (1)
is--
[[Page 118 STAT. 1351]]
(A) a portion of National Park Service land in
Anacostia Park, U.S. Reservation 343, Section G, the
boundaries of which are the Anacostia River to the west,
Watts Branch to the south, Kenilworth Aquatic Gardens to
the north, and Anacostia Avenue to the east which
includes the community center currently occupied under
permit by the District of Columbia known as the
``Kenilworth Parkside Community Center''; and
(B) all of U.S. Reservation 523.
(b) Conditions of Transfer.--
(1) Term.--Jurisdiction will be transferred from the NPS to
the District of Columbia.
(2) Condition of transfer.--The transfer of jurisdiction
under subsection (a)(1) shall be subject to such terms and
conditions, to be included in a Declaration of Covenants to be
mutually executed between NPS and the District of Columbia to
ensure that the property transferred under that subsection--
(A) is used only for the provision of public
recreational facilities, open space, or public outdoor
recreational opportunities; and
(B) nothing in this Act precludes the District of
Columbia from entering into a lease for all or part of
the property with a public not-for-profit entity for the
management or maintenance of the property.
(3) Termination.--
(A) In general.--The transfer under subsection
(a)(1) shall terminate if--
(i) any term or condition of the transfer
described in paragraph (2) or contained within the
Declaration of Covenants described in paragraph
(2) is violated, as determined by the NPS; and
(ii) <<NOTE: Deadline.>> the violation is not
corrected by the date that is 90 days after the
date on which the Mayor of the District of
Columbia receives from the NPS a written notice of
the violation.
(B) Determination of correction.--A violation of a
term or condition of the transfer under subsection
(a)(1) shall be determined to have been corrected under
subparagraph (A)(ii) if, after notification of the
violation, the District of Columbia and the NPS enter
into an agreement that the NPS considers to be adequate
to ensure that the property transferred will be used in
a manner consistent with paragraph (2).
(4) Prohibition of civil actions.--No person may bring a
civil action relating to a violation of any term or condition of
the transfer described in paragraph (2) before the date that is
90 days after the person notifies the Mayor of the District of
Columbia of the alleged violation (including the intent of the
person to bring a civil action for termination of the transfer
under paragraph (3)).
(5) Removal of structures; rehabilitation.--The transfer
under subsection (a)(1) shall be subject to the condition that,
in the event of a termination of the transfer under paragraph
(3), the District of Columbia shall bear the cost of removing
structures on, or rehabilitating, the property transferred.
[[Page 118 STAT. 1352]]
(6) Administration of property.--If the transfer under
subsection (a)(1) is terminated under paragraph (3), the
property covered by the transfer shall be returned to the NPS
and administered as a unit of the National Park System in the
District of Columbia in accordance with--
(A) the Act of August 25, 1916 (commonly known as
the ``National Park Service Organic Act'') (16 U.S.C. 1
et seq.); and
(B) other laws (including regulations) generally
applicable to units of the National Park System.
Sec. 345. The project for the Chicago Sanitary and Ship Canal
Dispersal Barrier, Illinois, initiated under section 1135 of Public Law
99-662, is authorized at a total cost of $9,100,000 with a Federal cost
of $6,825,000 and a non-Federal cost of $2,275,000.
Sec. 346. Biennial Evaluation of Charter School Authorizing Boards.
(a) Biennial management evaluation of the District of Columbia
Chartering Authorities for the District of Columbia Public Charter
Schools shall be conducted by the Comptroller General of the United
States.
(b) Evaluation shall include the following:
(1) Establish standards to assess each authorizer's
procedures and oversight quality.
(2) Identify gaps in oversight and recommendations.
(3) Review processes of charter school applications.
(4) Extent of ongoing monitoring, technical assistance, and
sanctions provided to schools.
(5) Compliance with annual reporting requirements.
(6) Actual budget expenditures for the preceding 2 fiscal
years.
(7) Comparison of budget expenditures with mandated
responsibilities.
(8) Alignment with best practices.
(9) Quality and timeliness of meeting section 2211(d) of the
School Reform Act of 1995 (D.C. Code 38-1802.11(d)), as amended.
(c) Initial Interim Report to Congress.--
The <<NOTE: Deadline.>> Government Accountability Office shall submit to
the Committees on Appropriations of the House of Representatives and
Senate, no later than May 1, 2005, a baseline report on the performance
of each authorizer in meeting the requirements of the School Reform Act
of 1995.
(d) <<NOTE: Applicability.>> Hereafter section 2214(f) of Public Law
104-143 (D.C. Code 38-1802.14(f)), shall apply to the District of
Columbia Board of Education Charter Schools Office.
Sec. 347. Clarifying Operations of Public Charter School Board.
Section 2214 of the School Reform Act of 1995 (Public Law 104-134; D.C.
Code 38-1802.14), <<NOTE: 110 Stat. 1321-133.>> is amended--
(1) by striking subsection (f) and inserting the following:
``(f) Audit.--The Board shall maintain its accounts according to
Generally Accepted Accounting Principles for Not-for-Profit
Organizations. The Board shall provide for an audit of the financial
statements of the Board by an independent certified public accountant in
accordance with Government auditing standards for financial audits
issued by the Comptroller General of the United States. The findings and
recommendations of any such audit shall be forwarded to the Mayor, the
District of Columbia Council, the
[[Page 118 STAT. 1353]]
appropriate congressional committees, and the Office of the Chief
Financial Officer.''; and
(2) adding at the end the following:
``(h) Contracting and Procurement.--The Board shall have the
authority to solicit, award, and execute contracts independently of the
Office of Contracting and Procurement and the Chief Procurement Officer.
Nothing in chapter 3 of title 2 of the District of Columbia Code shall
affect the authority of the Board under this subsection.''.
This Act may be cited as the ``District of Columbia Appropriations
Act, 2005''.
Approved October 18, 2004.
LEGISLATIVE HISTORY--H.R. 4850 (S. 2826):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 108-610 (Comm. on Appropriations) and 108-734 (Comm.
of Conference).
SENATE REPORTS: No. 108-354 accompanying S. 2826 (Comm. on
Appropriations).
CONGRESSIONAL RECORD, Vol. 150 (2004):
July 20, considered and passed House.
Sept. 22, considered and passed Senate, amended, in lieu of
S. 2826.
Oct. 6, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):
Oct. 18, Presidential statement.
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