Pub.L. 108-336 To provide for the implementation of air quality programs developed in ...

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[[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 

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