108TH CONGRESS

1ST SESSION H. R. 2765

AN ACT

Making appropriations for the government of the District

of Columbia and other activities chargeable in whole

or in part against the revenues of said District for the

fiscal year ending September 30, 2004, and for other

purposes.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 District of Columbia for the fiscal year ending September

6 30, 2004, and for other purposes, namely:

7 TITLE I—FEDERAL FUNDS

8 FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

9 For a Federal payment to the District of Columbia,

10 to be deposited into a dedicated account, for a nationwide

11 program to be administered by the Mayor, for District of

12 Columbia resident tuition support, $17,000,000, to remain

13 available until expended: Provided, That such funds, in14 cluding any interest accrued thereon, may be used on be15 half of eligible District of Columbia residents to pay an

16 amount based upon the difference between in-State and

17 out-of-State tuition at public institutions of higher edu18 cation, or to pay up to $2,500 each year at eligible private

19 institutions of higher education: Provided further, That the

20 awarding of such funds may be prioritized on the basis

21 of a resident’s academic merit, the income and need of

22 eligible students and such other factors as may be author23 ized: Provided further, That the District of Columbia gov24 ernment shall maintain a dedicated account for the Resi25 dent Tuition Support Program that shall consist of the
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1 Federal funds appropriated to the Program in this Act

2 and any subsequent appropriations, any unobligated

3 balances from prior fiscal years, and any interest earned

4 in this or any fiscal year: Provided further, That the ac5 count shall be under the control of the District of Colum6 bia Chief Financial Officer who shall use those funds sole7 ly for the purposes of carrying out the Resident Tuition

8 Support Program: Provided further, That the Office of the

9 Chief Financial Officer shall provide a quarterly financial

10 report to the Committees on Appropriations of the House

11 of Representatives and Senate for these funds showing,

12 by object class, the expenditures made and the purpose

13 therefor: Provided further, That not more than 7 percent

14 of the total amount appropriated for this program may

15 be used for administrative expenses.

16 FEDERAL PAYMENT FOR EMERGENCY PLANNING AND

17 SECURITY COSTS IN THE DISTRICT OF COLUMBIA

18 For necessary expenses, as determined by the Mayor

19 of the District of Columbia in written consultation with

20 the elected county or city officials of surrounding jurisdic21 tions, $15,000,000, to remain available until expended, to

22 reimburse the District of Columbia for the costs of pro23 viding public safety at events related to the presence of

24 the national capital in the District of Columbia, and for

25 the costs of providing support to respond to immediate
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1 and specific terrorist threats or attacks in the District of

2 Columbia or surrounding jurisdictions: Provided, That any

3 amount provided under this heading shall be available only

4 after notice of its proposed use has been transmitted by

5 the President to Congress and such amount has been ap6 portioned pursuant to chapter 15 of title 31, United

7 States Code.

8 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

9 COURTS

10 For salaries and expenses for the District of Colum11 bia Courts, $163,819,000, to be allocated as follows: for

12 the District of Columbia Court of Appeals, $8,775,000,

13 of which not to exceed $1,500 is for official reception and

14 representation expenses; for the District of Columbia Su15 perior Court, $83,387,000, of which not to exceed $1,500

16 is for official reception and representation expenses; for

17 the District of Columbia Court System, $40,006,000, of

18 which not to exceed $1,500 is for official reception and

19 representation expenses: and $31,651,000, to remain

20 available until September 30, 2005, for capital improve21 ments for District of Columbia courthouse facilities: Pro22 vided, That funds made available for capital improvements

23 shall be expended consistent with the General Services Ad24 ministration master plan study and building evaluation re25 port: Provided further, That notwithstanding any other
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1 provision of law, all amounts under this heading shall be

2 apportioned quarterly by the Office of Management and

3 Budget and obligated and expended in the same manner

4 as funds appropriated for salaries and expenses of other

5 Federal agencies, with payroll and financial services to be

6 provided on a contractual basis with the General Services

7 Administration (GSA), said services to include the prepa8 ration of monthly financial reports, copies of which shall

9 be submitted directly by GSA to the President and to the

10 Committees on Appropriations of the House of Represent11 atives and Senate, the Committee on Government Reform

12 of the House of Representatives, and the Committee on

13 Governmental Affairs of the Senate: Provided further,

14 That 30 days after providing written notice to the Com15 mittees on Appropriations of the House of Representatives

16 and Senate, the District of Columbia Courts may reallo17 cate funds provided under this heading for the Court of

18 Appeals, District of Columbia Superior Court, and the

19 District of Columbia Court System: Provided further, That

20 such reallocation may increase or decrease funding for

21 such entity by no more than 2 percent.

22 DEFENDER SERVICES IN DISTRICT OF COLUMBIA

23 COURTS

24 For payments authorized under section 11–2604 and

25 section 11–2605, D.C. Official Code (relating to represen-
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1 tation provided under the District of Columbia Criminal

2 Justice Act), payments for counsel appointed in pro3 ceedings in the Family Court of the Superior Court of the

4 District of Columbia under chapter 23 of title 16, D.C.

5 Official Code, and payments for counsel authorized under

6 section 21–2060, D.C. Official Code (relating to represen7 tation provided under the District of Columbia Guardian8 ship, Protective Proceedings, and Durable Power of Attor9 ney Act of 1986), $32,000,000, to remain available until

10 expended: Provided further, That the funds provided in

11 this Act under the heading ‘‘Federal Payment to the Dis12 trict of Columbia Courts’’ (other than the $31,651,000

13 provided under such heading for capital improvements for

14 District of Columbia courthouse facilities) may also be

15 used for payments under this heading: Provided further,

16 That in addition to the funds provided under this heading,

17 the Joint Committee on Judicial Administration in the

18 District of Columbia shall use funds provided in this Act

19 under the heading ‘‘Federal Payment to the District of

20 Columbia Courts’’ (other than the $31,651,000 provided

21 under such heading for capital improvements for District

22 of Columbia courthouse facilities), to make payments de23 scribed under this heading for obligations incurred during

24 any fiscal year: Provided further, That funds provided

25 under this heading shall be administered by the Joint
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1 Committee on Judicial Administration in the District of

2 Columbia: Provided further, That notwithstanding any

3 other provision of law, this appropriation shall be appor4 tioned quarterly by the Office of Management and Budget

5 and obligated and expended in the same manner as funds

6 appropriated for expenses of other Federal agencies, with

7 payroll and financial services to be provided on a contrac8 tual basis with the General Services Administration

9 (GSA), said services to include the preparation of monthly

10 financial reports, copies of which shall be submitted di11 rectly by GSA to the President and to the Committees

12 on Appropriations of the House of Representatives and

13 Senate, the Committee on Government Reform of the

14 House of Representatives, and the Committee on Govern15 mental Affairs of the Senate.

16 FEDERAL PAYMENT TO THE COURT SERVICES AND OF17 FENDER SUPERVISION AGENCY FOR THE DISTRICT

18 OF COLUMBIA

19 (INCLUDING TRANSFER OF FUNDS)

20 For salaries and expenses, including the transfer and

21 hire of motor vehicles, of the Court Services and Offender

22 Supervision Agency for the District of Columbia, as au23 thorized by the National Capital Revitalization and Self24 Government Improvement Act of 1997, $163,081,000, of

25 which not to exceed $2,000 is for official receptions and
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1 representation expenses related to Community Supervision

2 and Pretrial Services Agency programs; of which not to

3 exceed $25,000 is for dues and assessments relating to

4 the implementation of the Court Services and Offender

5 Supervision Agency Interstate Supervision Act of 2002;

6 of which $100,460,000 shall be for necessary expenses of

7 Community Supervision and Sex Offender Registration, to

8 include expenses relating to the supervision of adults sub9 ject to protection orders or the provision of services for

10 or related to such persons; of which $37,411,000 shall be

11 available to the Pretrial Services Agency; and of which

12 $25,210,000 shall be transferred to the Public Defender

13 Service for the District of Columbia: Provided, That not14 withstanding any other provision of law, all amounts

15 under this heading shall be apportioned quarterly by the

16 Office of Management and Budget and obligated and ex17 pended in the same manner as funds appropriated for sal18 aries and expenses of other Federal agencies: Provided fur19 ther, That notwithstanding chapter 33 of title 40, United

20 States Code, the Director may acquire by purchase, lease,

21 condemnation, or donation, and renovate as necessary,

22 Building Number 17, 1900 Massachusetts Avenue, South23 east, Washington, District of Columbia to house or super24 vise offenders and defendants, with funds made available

25 for this purpose in Public Law 107–96: Provided further,
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1 That the Director is authorized to accept and use gifts

2 in the form of in-kind contributions of space and hospi3 tality to support offender and defendant programs, and

4 equipment and vocational training services to educate and

5 train offenders and defendants: Provided further, That the

6 Director shall keep accurate and detailed records of the

7 acceptance and use of any gift or donation under the pre8 vious proviso, and shall make such records available for

9 audit and public inspection.

10 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

11 WATER AND SEWER AUTHORITY

12 For a Federal payment to the District of Columbia

13 Water and Sewer Authority, $35,000,000, to remain avail14 able until expended, to continue implementation of the

15 Combined Sewer Overflow Long-Term Plan: Provided,

16 That the District of Columbia Water and Sewer Authority

17 provides a 100 percent match for this payment.

18 FEDERAL PAYMENT FOR THE ANACOSTIA WATERFRONT

19 INITIATIVE

20 For a Federal payment to the District of Columbia

21 Department of Transportation, $4,300,000, to remain

22 available until September 30, 2005, for design and con23 struction of a continuous pedestrian and bicycle trail sys24 tem from the Potomac River to the District’s border with

25 Maryland.
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1 FEDERAL PAYMENT TO THE CRIMINAL JUSTICE

2 COORDINATING COUNCIL

3 For a Federal payment to the Criminal Justice Co4 ordinating Council, $1,300,000, to support initiatives re5 lated to the coordination of Federal and local criminal jus6 tice resources in the District of Columbia.

7 FEDERAL PAYMENT FOR CAPITAL DEVELOPMENT IN

8 THE DISTRICT OF COLUMBIA

9 For a Federal payment to the District of Columbia

10 for capital development, $8,000,000, to remain available

11 until expended, for the Unified Communications Center.

12 FEDERAL PAYMENT FOR PUBLIC SCHOOL FACILITIES

13 For a Federal payment to the District of Columbia

14 Public Schools, $4,500,000, of which $500,000 shall be

15 for a window repair and reglazing program and

16 $4,000,000 shall be for a playground repair and replace17 ment program.

18 FEDERAL PAYMENT FOR THE FAMILY LITERACY

19 PROGRAM

20 For a Federal payment to the District of Columbia,

21 $2,000,000 for the Family Literacy Program to address

22 the needs of literacy-challenged parents while endowing

23 their children with an appreciation for literacy and

24 strengthening familial ties: Provided, That the District of
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1 Columbia shall provide a 100 percent match with local

2 funds as a condition of receiving this payment.

3 FEDERAL PAYMENT FOR A DISTRICT OF COLUMBIA

4 SCHOLARSHIP PROGRAM

5 For a Federal payment for a District of Columbia

6 scholarship program, $10,000,000, subject to authoriza7 tion.

8 FEDERAL PAYMENT TO THE CHIEF FINANCIAL OFFICER

9 OF THE DISTRICT OF COLUMBIA

10 For a Federal payment to the Chief Financial Officer

11 of the District of Columbia, $10,000,000 for education,

12 public safety and health, economic development, and infra13 structure initiatives in the District of Columbia.

14 TITLE II—DISTRICT OF COLUMBIA FUNDS

15 OPERATING EXPENSES

16 DIVISION OF EXPENSES

17 The following amounts are appropriated for the Dis18 trict of Columbia for the current fiscal year out of the

19 general fund of the District of Columbia, except as other20 wise specifically provided: Provided, That notwithstanding

21 any other provision of law, except as provided in section

22 450A of the District of Columbia Home Rule Act (D.C.

23 Official Code, sec. 1–204.50a) and section 117 of this Act,

24 the total amount appropriated in this Act for operating

25 expenses for the District of Columbia for fiscal year 2004
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1 under this heading shall not exceed the lesser of the sum

2 of the total revenues of the District of Columbia for such

3 fiscal year or $6,326,138,000 (of which $3,832,734,000

4 shall be from local funds, $1,568,734,000 shall be from

5 Federal grant funds, $910,904,000 shall be from other

6 funds, and $13,766,000 shall be from private funds), in

7 addition, $59,800,000 from funds previously appropriated

8 in this Act as Federal payments: Provided further, That

9 this amount may be increased by proceeds of one-time

10 transactions, which are expended for emergency or unan11 ticipated operating or capital needs: Provided further,

12 That such increases shall be approved by enactment of

13 local District law and shall comply with all reserve require14 ments contained in the District of Columbia Home Rule

15 Act as amended by this Act: Provided further, That the

16 Chief Financial Officer of the District of Columbia shall

17 take such steps as are necessary to assure that the Dis18 trict of Columbia meets these requirements, including the

19 apportioning by the Chief Financial Officer of the appro20 priations and funds made available to the District during

21 fiscal year 2004, except that the Chief Financial Officer

22 may not reprogram for operating expenses any funds de23 rived from bonds, notes, or other obligations issued for

24 capital projects.
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1 GOVERNMENTAL DIRECTION AND SUPPORT

2 Governmental direction and support, $284,415,000

3 (including $206,825,000 from local funds, $57,440,000

4 from Federal grant funds, and $20,150,000 from other

5 funds), in addition, $10,000,000 from funds previously

6 appropriated in this Act under the heading ‘‘Federal Pay7 ment to the Chief Financial Officer of the District of Co8 lumbia’’: Provided, That not to exceed $2,500 for the

9 Mayor, $2,500 for the Chairman of the Council of the Dis10 trict of Columbia, $2,500 for the City Administrator, and

11 $2,500 for the Office of the Chief Financial Officer shall

12 be available from this appropriation for official purposes:

13 Provided further, That any program fees collected from the

14 issuance of debt shall be available for the payment of ex15 penses of the debt management program of the District

16 of Columbia: Provided further, That no revenues from

17 Federal sources shall be used to support the operations

18 or activities of the Statehood Commission and Statehood

19 Compact Commission: Provided further, That the District

20 of Columbia shall identify the sources of funding for Ad21 mission to Statehood from its own locally generated reve22 nues: Provided further, That notwithstanding any other

23 provision of law, or Mayor’s Order 86–45, issued March

24 18, 1986, the Office of the Chief Technology Officer’s del25 egated small purchase authority shall be $500,000: Pro-
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1 vided further, That the District of Columbia government

2 may not require the Office of the Chief Technology Officer

3 to submit to any other procurement review process, or to

4 obtain the approval of or be restricted in any manner by

5 any official or employee of the District of Columbia gov6 ernment, for purchases that do not exceed $500,000: Pro7 vided further, That not to exceed $25,000, to remain avail8 able until expended, of the funds in the District of Colum9 bia Antitrust Fund established pursuant to section 820

10 of the District of Columbia Procurement Practices Act of

11 1985 (D.C. Law 6–85; D.C. Official Code, sec. 2–308.20)

12 is hereby made available for the use of the Office of the

13 Corporation Counsel of the District of Columbia in accord14 ance with the laws establishing this fund.

15 ECONOMIC DEVELOPMENT AND REGULATION

16 Economic development and regulation, $276,647,000

17 (including $53,336,000 from local funds, $91,077,000

18 from Federal grant funds, $132,109,000 from other

19 funds, and $125,000 from private funds), of which

20 $15,000,000 collected by the District of Columbia in the

21 form of BID tax revenue shall be paid to the respective

22 BIDs pursuant to the Business Improvement Districts Act

23 of 1996 (D.C. Law 11–134; D.C. Official Code, sec. 2–

24 1215.01 et seq.), and the Business Improvement Districts

25 Amendment Act of 1997 (D.C. Law 12–26; D.C. Official
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1 Code, sec. 2–1215.15 et seq.): Provided, That such funds

2 are available for acquiring services provided by the Gen3 eral Services Administration: Provided further, That Busi4 ness Improvement Districts shall be exempt from taxes

5 levied by the District of Columbia.

6 PUBLIC SAFETY AND JUSTICE

7 Public safety and justice, $745,958,000 (including

8 $716,715,000 from local funds, $10,290,000 from Federal

9 grant funds, $18,944,000 from other funds, and $9,000

10 from private funds), in addition, $1,300,000 from funds

11 previously appropriated in this Act under the heading

12 ‘‘Federal Payment to the Criminal Justice Coordinating

13 Council’’: Provided, That not to exceed $500,000 shall be

14 available from this appropriation for the Chief of Police

15 for the prevention and detection of crime: Provided further,

16 That the Mayor shall reimburse the District of Columbia

17 National Guard for expenses incurred in connection with

18 services that are performed in emergencies by the National

19 Guard in a militia status and are requested by the Mayor,

20 in amounts that shall be jointly determined and certified

21 as due and payable for these services by the Mayor and

22 the Commanding General of the District of Columbia Na23 tional Guard: Provided further, That such sums as may

24 be necessary for reimbursement to the District of Colum25 bia National Guard under the preceding proviso shall be
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1 available from this appropriation, and the availability of

2 the sums shall be deemed as constituting payment in ad3 vance for emergency services involved.

4 PUBLIC EDUCATION SYSTEM

5 (INCLUDING TRANSFERS OF FUNDS)

6 Public education system, including the development

7 of national defense education programs, $1,157,841,000

8 (including $962,941,000 from local funds, $156,708,000

9 from Federal grant funds, $27,074,000 from other funds,

10 $4,302,000 from private funds, and not to exceed

11 $6,816,000, to remain available until expended, from the

12 Medicaid and Special Education Reform Fund established

13 pursuant to the Medicaid and Special Education Reform

14 Fund Establishment Act of 2002 (D.C. Law 14–190; D.C.

15 Official Code 4–204.51 et seq.)), in addition, $17,000,000

16 from funds previously appropriated in this Act under the

17 heading ‘‘Federal Payment for Resident Tuition Support’’

18 and $4,500,000 from funds previously appropriated in this

19 Act under the heading ‘‘Federal Payment for Public

20 School Facilities’’, to be allocated as follows:

21 (1) DISTRICT OF COLUMBIA PUBLIC

22 SCHOOLS.—$870,135,000 (including $738,444,000

23 from local funds, $114,749,000 from Federal grant

24 funds, $6,527,000 from other funds, $3,599,000

25 from private funds, and not to exceed $6,816,000, to
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1 remain available until expended, from the Medicaid

2 and Special Education Reform Fund established

3 pursuant to the Medicaid and Special Education Re4 form Fund Establishment Act of 2002 (D.C. Law

5 14–190; D.C. Official Code 4–204.51 et seq.)), in

6 addition, $4,500,000 from funds previously appro7 priated in this Act under the heading ‘‘Federal Pay8 ment for Public School Facilities’’ shall be available

9 for District of Columbia Public Schools: Provided,

10 That notwithstanding any other provision of law,

11 rule, or regulation, the evaluation process and in12 struments for evaluating District of Columbia Public

13 School employees shall be a non-negotiable item for

14 collective bargaining purposes: Provided further,

15 That this appropriation shall not be available to sub16 sidize the education of any nonresident of the Dis17 trict of Columbia at any District of Columbia public

18 elementary or secondary school during fiscal year

19 2004 unless the nonresident pays tuition to the Dis20 trict of Columbia at a rate that covers 100 percent

21 of the costs incurred by the District of Columbia

22 that are attributable to the education of the non23 resident (as established by the Superintendent of the

24 District of Columbia Public Schools): Provided fur25 ther, That notwithstanding the amounts otherwise
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1 provided under this heading or any other provision

2 of law, there shall be appropriated to the District of

3 Columbia Public Schools on July 1, 2004, an

4 amount equal to 10 percent of the total amount pro5 vided for the District of Columbia Public Schools in

6 the proposed budget of the District of Columbia for

7 fiscal year 2005 (as submitted to Congress), and the

8 amount of such payment shall be chargeable against

9 the final amount provided for the District of Colum10 bia Public Schools under the District of Columbia

11 Appropriations Act, 2005: Provided further, That

12 not to exceed $2,500 for the Superintendent of

13 Schools shall be available from this appropriation for

14 official purposes: Provided further, That the District

15 of Columbia Public Schools shall submit to the

16 Board of Education by January 1 and July 1 of

17 each year a Schedule A showing all the current

18 funded positions of the District of Columbia Public

19 Schools, their compensation levels, and indicating

20 whether the positions are encumbered: Provided fur21 ther, That the Board of Education shall approve or

22 disapprove each Schedule A within 30 days of its

23 submission and provide the Council of the District

24 of Columbia a copy of the Schedule A upon its ap25 proval.
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1 (2) STATE EDUCATION OFFICE.—$38,752,000

2 (including $9,959,000 from local funds, $28,617,000

3 from Federal grant funds, and $176,000 from other

4 funds), in addition, $17,000,000 from funds pre5 viously appropriated in this Act under the heading

6 ‘‘Federal Payment for Resident Tuition Support’’

7 shall be available for the State Education Office:

8 Provided, That of the amounts provided to the State

9 Education Office, $500,000 from local funds shall

10 remain available until June 30, 2005 for an audit of

11 the student enrollment of each District of Columbia

12 Public School and of each District of Columbia pub13 lic charter school.

14 (3) DISTRICT OF COLUMBIA PUBLIC CHARTER

15 SCHOOLS.—$137,531,000 from local funds shall be

16 available for District of Columbia a public charter

17 schools: Provided, That there shall be quarterly dis18 bursement of funds to the District of Columbia pub19 lic charter schools, with the first payment to occur

20 within 15 days of the beginning of the fiscal year:

21 Provided further, That if the entirety of this alloca22 tion has not been provided as payments to any pub23 lic charter schools currently in operation through the

24 per pupil funding formula, the funds shall be avail25 able as follows: (A) the first $3,000,000 shall be de-
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1 posited in the Credit Enhancement Revolving Fund

2 established pursuant to section 603(e) of the Stu3 dent Loan Marketing Association Reorganization

4 Act of 1996 (Public Law 104–208; 110 Stat. 3009;

5 20 U.S.C. 1155(e)); and (B) the balance shall be for

6 public education in accordance with section

7 2403(b)(2) of the District of Columbia School Re8 form Act of 1995 (D.C. Official Code, sec. 38–

9 1804.03(b)(2)): Provided further, That of the

10 amounts made available to District of Columbia pub11 lic charter schools, $25,000 shall be made available

12 to the Office of the Chief Financial Officer as au13 thorized by section 2403(b)(6) of the District of Co14 lumbia School Reform Act of 1995 (D.C. Official

15 Code, sec. 38–1804.03(b)(6)): Provided further, That

16 $660,000 of this amount shall be available to the

17 District of Columbia Public Charter School Board

18 for administrative costs: Provided further, That not19 withstanding the amounts otherwise provided under

20 this heading or any other provision of law, there

21 shall be appropriated to the District of Columbia

22 public charter schools on July 1, 2004, an amount

23 equal to 25 percent of the total amount provided for

24 payments to public charter schools in the proposed

25 budget of the District of Columbia for fiscal year
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1 2005 (as submitted to Congress), and the amount of

2 such payment shall be chargeable against the final

3 amount provided for such payments under the Dis4 trict of Columbia Appropriations Act, 2005.

5 (4) UNIVERSITY OF THE DISTRICT OF COLUM6 BIA.—$80,660,000 (including $48,656,000 from

7 local funds, $11,867,000 from Federal grant funds,

8 $19,434,000 from other funds, and $703,000 from

9 private funds) shall be available for the University of

10 the District of Columbia: Provided, That this appro11 priation shall not be available to subsidize the edu12 cation of nonresidents of the District of Columbia at

13 the University of the District of Columbia, unless

14 the Board of Trustees of the University of the Dis15 trict of Columbia adopts, for the fiscal year ending

16 September 30, 2004, a tuition rate schedule that will

17 establish the tuition rate for nonresident students at

18 a level no lower than the nonresident tuition rate

19 charged at comparable public institutions of higher

20 education in the metropolitan area: Provided further,

21 That notwithstanding the amounts otherwise pro22 vided under this heading or any other provision of

23 law, there shall be appropriated to the University of

24 the District of Columbia on July 1, 2004, an

25 amount equal to 10 percent of the total amount pro-
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1 vided for the University of the District of Columbia

2 in the proposed budget of the District of Columbia

3 for fiscal year 2005 (as submitted to Congress), and

4 the amount of such payment shall be chargeable

5 against the final amount provided for the University

6 of the District of Columbia under the District of Co7 lumbia Appropriations Act, 2005: Provided further,

8 That not to exceed $2,500 for the President of the

9 University of the District of Columbia shall be avail10 able from this appropriation for official purposes.

11 (5) DISTRICT OF COLUMBIA PUBLIC LIBRAR12 IES.—$28,287,000 (including $26,750,000 from

13 local funds, $1,000,000 from Federal grant funds,

14 and $537,000 from other funds) shall be available

15 for the District of Columbia Public Libraries: Pro16 vided, That not to exceed $2,000 for the Public Li17 brarian shall be available from this appropriation for

18 official purposes.

19 (6) COMMISSION ON THE ARTS AND HUMAN20 ITIES.—$2,476,000 (including $1,601,000 from local

21 funds, $475,000 from Federal grant funds, and

22 $400,000 from other funds) shall be available for

23 the Commission on the Arts and Humanities.
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1 HUMAN SUPPORT SERVICES

2 (INCLUDING TRANSFER OF FUNDS)

3 Human support services, $2,360,067,000 (including

4 $1,030,223,000 from local funds, $1,247,945,000 from

5 Federal grant funds, $24,330,000 from other funds,

6 $9,330,000 from private funds, and $48,239,000, to re7 main available until expended, from the Medicaid and Spe8 cial Education Reform Fund established pursuant to the

9 Medicaid and Special Education Reform Fund Establish10 ment Act of 2002 (D.C. Act 14–403)): Provided, That the

11 funds available from the Medicaid and Special Education

12 Reform Fund are allocated as follows: not more than

13 $18,744,000 for Child and Family Services, not more than

14 $7,795,000 for the Department of Human Services, and

15 not more than $21,700,000 for the Department of Mental

16 Health: Provided further, That $27,959,000 of this appro17 priation, to remain available until expended, shall be avail18 able solely for District of Columbia employees’ disability

19 compensation: Provided further, That $7,500,000 of this

20 appropriation, to remain available until expended, shall be

21 deposited in the Addiction Recovery Fund, established

22 pursuant to section 5 of the Choice in Drug Treatment

23 Act of 2000 (D.C. Law 13–146; D.C. Official Code, sec.

24 7–3004) and used exclusively for the purpose of the Drug

25 Treatment Choice Program established pursuant to sec-
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1 tion 4 of the Choice in Drug Treatment Act of 2000 (D.C.

2 Law 13–146; D.C. Official Code, sec. 7–3003): Provided

3 further, That no less than $2,000,000 of this appropria4 tion shall be available exclusively for the purpose of fund5 ing the pilot substance abuse program for youth ages 14

6 through 21 years established pursuant to section 4212 of

7 the Pilot Substance Abuse Program for Youth Act of 2001

8 (D.C. Law 14–28; D.C. Official Code, sec. 7–3101): Pro9 vided further, That $4,500,000 of this appropriation, to

10 remain available until expended, shall be deposited in the

11 Interim Disability Assistance Fund established pursuant

12 to section 201 of the District of Columbia Public Assist13 ance Act of 1982 (D.C. Law 4–101; D.C. Official Code,

14 sec. 4–202.01), to be used exclusively for the Interim Dis15 ability Assistance program and the purposes for that pro16 gram set forth in section 407 of the District of Columbia

17 Public Assistance Act of 1982 (D.C. Law 13–252; D.C.

18 Official Code, sec. 4–204.07): Provided further, That not

19 less than $640,531 of this appropriation shall be available

20 exclusively for the purpose of funding the Burial Assist21 ance Program established by section 1802 of the Burial

22 Assistance Program Reestablishment Act of 1999 (D.C.

23 Law 13–38; D.C. Official Code, sec. 4–1001).
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•HR 2765 EH

1 PUBLIC WORKS

2 Public works, including rental of one passenger-car3 rying vehicle for use by the Mayor and three passenger4 carrying vehicles for use by the Council of the District of

5 Columbia and leasing of passenger-carrying vehicles,

6 $327,046,000 (including $308,028,000 from local funds,

7 $5,274,000 from Federal grant funds, and $13,744,000

8 from other funds): Provided, That this appropriation shall

9 not be available for collecting ashes or miscellaneous

10 refuse from hotels and places of business.

11 CASH RESERVE

12 For the cumulative cash reserve established pursuant

13 to section 202(j)(2) of the District of Columbia Financial

14 Responsibility and Management Assistance Act of 1995

15 (D.C. Official Code, sec. 47–392.02(j)(2)), $50,000,000

16 from local funds.

17 EMERGENCY AND CONTINGENCY RESERVE FUNDS

18 For the emergency reserve fund and the contingency

19 reserve fund under section 450A of the District of Colum20 bia Home Rule Act (D.C. Official Code, sec. 1–204.50a),

21 such amounts from local funds as are necessary to meet

22 the balance requirements for such funds under such sec23 tion.
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•HR 2765 EH

1 REPAYMENT OF LOANS AND INTEREST

2 For payment of principal, interest, and certain fees

3 directly resulting from borrowing by the District of Co4 lumbia to fund District of Columbia capital projects as

5 authorized by sections 462, 475, and 490 of the District

6 of Columbia Home Rule Act (D.C. Official Code, secs. 1–

7 204.62, 1–204.75, and 1–204.90), $311,504,000 from

8 local funds: Provided, That for equipment leases, the

9 Mayor may finance $14,300,000 of equipment cost, plus

10 cost of issuance not to exceed 2 percent of the par amount

11 being financed on a lease purchase basis with a maturity

12 not to exceed 5 years.

13 PAYMENT OF INTEREST ON SHORT-TERM BORROWING

14 For payment of interest on short-term borrowing,

15 $3,000,000 from local funds.

16 CERTIFICATES OF PARTICIPATION

17 For principal and interest payments on the District’s

18 Certificates of Participation, issued to finance the ground

19 lease underlying the building located at One Judiciary

20 Square, $4,911,000 from local funds.

21 SETTLEMENTS AND JUDGMENTS

22 For making refunds and for the payment of legal set23 tlements or judgments that have been entered against the

24 District of Columbia government, $22,522,000 from local

25 funds: Provided, That this appropriation shall not be con-
27

•HR 2765 EH

1 strued as modifying or affecting the provisions of section

2 103 of this Act.

3 WILSON BUILDING

4 For expenses associated with the John A. Wilson

5 building, $3,704,000 from local funds.

6 WORKFORCE INVESTMENTS

7 For workforce investments, $22,308,000 from local

8 funds, to be transferred by the Mayor of the District of

9 Columbia within the various appropriation headings in

10 this Act for which employees are properly payable.

11 NON-DEPARTMENTAL AGENCY

12 To account for anticipated costs that cannot be allo13 cated to specific agencies during the development of the

14 proposed budget, $19,639,000 (including $11,455,000

15 from local funds and $8,184,000 from other funds): Pro16 vided, That anticipated employee health insurance cost in17 creases and contract security costs, $5,799,000 from local

18 funds.

19 PAY-AS-YOU-GO CAPITAL

20 For Pay-As-You-Go Capital funds in lieu of capital

21 financing, $11,267,000 from local funds, to be transferred

22 to the Capital Fund, subject to the Criteria for Spending

23 Pay-as-You-Go Funding Amendment Act of 2003, ap24 proved by the Council of the District of Columbia on 1st

25 reading, May 6, 2003 (title 25 of Bill 15–218): Provided,
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1 That pursuant to this Act, there are authorized to be

2 transferred from Pay-As-You-Go Capital funds to other

3 headings of this Act, such sums as may be necessary to

4 carry out the purposes of this Act.

5 TAX INCREMENT FINANCING PROGRAM

6 For a Tax Increment Financing Program,

7 $1,940,000 from local funds.

8 MEDICAID DISALLOWANCE

9 For making refunds associated with disallowed Med10 icaid funding, an amount not to exceed $57,000,000 in

11 local funds, to remain available until expended: Provided,

12 That funds are derived from a transfer from the funds

13 identified in the fiscal year 2002 comprehensive annual

14 financial report as the District of Columbia’s Grants Dis15 allowance balance.

16 EMERGENCY PLANNING AND SECURITY COSTS

17 From funds previously appropriated in this Act under

18 the heading ‘‘Federal Payment for Emergency Planning

19 and Security Costs in the District of Columbia’’,

20 $15,000,000.

21 FAMILY LITERACY

22 From funds previously appropriated in this Act under

23 the heading ‘‘Federal Payment for the Family Literacy

24 Program’’, $2,000,000.
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•HR 2765 EH

1 SCHOLARSHIP PROGRAM

2 From funds previously appropriated in this Act under

3 the heading ‘‘Federal Payment for a District of Columbia

4 Scholarship Program’’, $10,000,000.

5 ENTERPRISE AND OTHER FUNDS

6 WATER AND SEWER AUTHORITY

7 For operation of the Water and Sewer Authority,

8 $259,095,000 from other funds, of which $18,692,000

9 shall be apportioned for repayment of loans and interest

10 incurred for capital improvement projects and payable to

11 the District’s debt service fund.

12 For construction projects, $199,807,000, to be dis13 tributed as follows: $99,449,000 for the Blue Plains

14 Wastewater Treatment Plant, $16,739,000 for the sewer

15 program, $42,047,000 for the combined sewer program,

16 $5,993,000 for the stormwater program, $24,431,000 for

17 the water program, and $11,148,000 for the capital equip18 ment program; in addition, $35,000,000 from funds pre19 viously appropriated in this Act under the heading ‘‘Fed20 eral Payment to the District of Columbia Water and

21 Sewer Authority’’: Provided, That the requirements and

22 restrictions that are applicable to general fund capital im23 provement projects and set forth in this Act under the

24 Capital Outlay appropriation account shall apply to

25 projects approved under this appropriation account.
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•HR 2765 EH

1 WASHINGTON AQUEDUCT

2 For operation of the Washington Aqueduct,

3 $55,553,000 from other funds.

4 STORMWATER PERMIT COMPLIANCE ENTERPRISE FUND

5 For operation of the Stormwater Permit Compliance

6 Enterprise Fund, $3,501,000 from other funds.

7 LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

8 For the Lottery and Charitable Games Enterprise

9 Fund, established by the District of Columbia Appropria10 tion Act, 1982, for the purpose of implementing the Law

11 to Legalize Lotteries, Daily Numbers Games, and Bingo

12 and Raffles for Charitable Purposes in the District of Co13 lumbia (D.C. Law 3–172; D.C. Official Code, sec. 3–1301

14 et seq. and sec. 22–1716 et seq.), $242,755,000 from

15 other funds: Provided, That the District of Columbia shall

16 identify the source of funding for this appropriation title

17 from the District’s own locally generated revenues: Pro18 vided further, That no revenues from Federal sources shall

19 be used to support the operations or activities of the Lot20 tery and Charitable Games Control Board.

21 SPORTS AND ENTERTAINMENT COMMISSION

22 For the Sports and Entertainment Commission,

23 $13,979,000 from local funds.
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•HR 2765 EH

1 DISTRICT OF COLUMBIA RETIREMENT BOARD

2 For the District of Columbia Retirement Board, es3 tablished pursuant to section 121 of the District of Colum4 bia Retirement Reform Act of 1979 (D.C. Official Code,

5 sec. 1–711), $13,895,000 from the earnings of the appli6 cable retirement funds to pay legal, management, invest7 ment, and other fees and administrative expenses of the

8 District of Columbia Retirement Board: Provided, That

9 the District of Columbia Retirement Board shall provide

10 to the Congress and to the Council of the District of Co11 lumbia a quarterly report of the allocations of charges by

12 fund and of expenditures of all funds: Provided further,

13 That the District of Columbia Retirement Board shall pro14 vide the Mayor, for transmittal to the Council of the Dis15 trict of Columbia, an itemized accounting of the planned

16 use of appropriated funds in time for each annual budget

17 submission and the actual use of such funds in time for

18 each annual audited financial report.

19 WASHINGTON CONVENTION CENTER ENTERPRISE FUND

20 For the Washington Convention Center Enterprise

21 Fund, $69,742,000 from other funds.

22 NATIONAL CAPITAL REVITALIZATION CORPORATION

23 For the National Capital Revitalization Corporation,

24 $7,849,000 from other funds.
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•HR 2765 EH

1 CAPITAL OUTLAY

2 (INCLUDING RESCISSIONS)

3 For construction projects, an increase of

4 $1,004,796,000, of which $601,708,000 shall be from

5 local funds, $46,014,000 from Highway Trust funds,

6 $38,311,000 from the Rights-of-way funds, $218,880,000

7 from Federal grant funds, and a rescission of $99,884,000

8 from local funds appropriated under this heading in prior

9 fiscal years, for a net amount of $904,913,000, to remain

10 available until expended; in addition, $8,000,000 from

11 funds previously appropriated in this Act under the head12 ing ‘‘Federal Payment for Capital Development in the Dis13 trict of Columbia’’ and $4,300,000 from funds previously

14 appropriated in this Act under the heading ‘‘Federal Pay15 ment for the Anacostia Waterfront Initiative’’: Provided,

16 That funds for use of each capital project implementing

17 agency shall be managed and controlled in accordance

18 with all procedures and limitations established under the

19 Financial Management System: Provided further, That all

20 funds provided by this appropriation title shall be available

21 only for the specific projects and purposes intended.

22 TITLE III—GENERAL PROVISIONS

23 SEC. 101. Whenever in this Act, an amount is speci24 fied within an appropriation for a particular purposes or

25 objects of expenditure, such amount, unless otherwise
33

•HR 2765 EH

1 specified, shall be considered as the maximum amount

2 that may be expended for said purpose or object rather

3 than an amount set apart exclusively therefor.

4 SEC. 102. Appropriations in this act shall be available

5 for expenses of travel and for the payment of dues of orga6 nizations concerned with the work of the District of Co7 lumbia government, when authorized by the Mayor: Pro8 vided, That in the case of the Council of the District of

9 Columbia, funds may be expended with the authorization

10 of the Chairman of the Council.

11 SEC. 103. There are appropriated from the applicable

12 funds of the District of Columbia such sums as may be

13 necessary for making refunds and for the payment of legal

14 settlements or judgments that have entered against the

15 District of Columbia government: Provided, That nothing

16 contained in this section shall be construed as modifying

17 or affecting the provisions of section 11(c)(3) of title XII

18 of the District of Columbia Income and Franchise Tax Act

19 of 1947 (D.C. Official Code, sec. 47–1812.11(c)(3)).

20 SEC. 104. No part of any appropriation contained in

21 this Act shall remain available for obligation beyond the

22 current fiscal year unless expressly to provided herein.

23 SEC. 105. No funds appropriated in this Act for the

24 District of Columbia government for the operation of edu25 cational institutions, the compensation of personnel, or for
34

•HR 2765 EH

1 other educational purposes may be used to permit, encour2 age, facilitate, or further partisan political activities.

3 Nothing herein is intended to prohibit the availability of

4 school buildings for the use of any community or partisan

5 political group during non-school hours.

6 SEC. 106. None of the funds appropriated in this Act

7 shall be made available to pay the salary of any employee

8 of the District of Columbia government whose name, title,

9 grade, and salary are not available for inspection by the

10 Committees on Appropriations of the House of Represent11 atives and Senate, the Committee on Government Reform

12 of the House of Representatives, the Committee on Gov13 ernmental Affairs of the Senate, and the Council of the

14 District of Columbia, or their duty authorized representa15 tive.

16 SEC. 107. (a) Except as provided in subsection (b),

17 no part of this appropriation shall be used for publicity

18 or propaganda purposes or implementation of any policy

19 including boycott designed to support or defeat legislation

20 pending before Congress or any State legislature.

21 (b) The District of Columbia may use local funds pro22 vided in this Act to carry out lobbying activities on any

23 matter other than—

24 (1) the promotion or support of any boycott; or
35

•HR 2765 EH

1 (2) statehood for the District of Columbia or

2 voting representation in Congress for the District of

3 Columbia.

4 (c) Nothing in this section may be construed to pro5 hibit any elected official from advocating with respect to

6 any of the issues referred to in subsection (b).

7 SEC. 108. (a) None of the funds provided under this

8 Act to the agencies funded by this Act, both Federal and

9 District government agencies, that remain available for

10 obligation or expenditure in fiscal year 2004, or provided

11 from any accounts in the Treasury of the United States

12 derived by the collection of fees available to the agencies

13 funded by this Act, shall be available for obligation or ex14 penditures for an agency through a reprogramming of

15 funds which—

16 (1) creates new programs;

17 (2) eliminates a program, project, or responsi18 bility center;

19 (3) establishes or changes allocations specifi20 cally denied, limited or increased under this Act;

21 (4) increases funds or personnel by any means

22 for any program, project, or responsibility center for

23 which funds have been denied or restricted;

24 (5) reestablishes any program or project pre25 viously deferred through reprogramming;
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•HR 2765 EH

1 (6) augments any existing program, project, or

2 responsibility center through a reprogramming of

3 funds in excess of $1,000,000 or 10 percent, which4 ever is less; or

5 (7) increases by 20 percent or more personnel

6 assigned to a specific program, project or responsi7 bility center,

8 unless the Committee on Appropriations of the House of

9 Representatives and Senate are notified in writing 30 days

10 in advance of the reprogramming.

11 (b) None the local funds contained in this Act may

12 be available for obligation or expenditure for an agency

13 through a transfer of any local funds from one appropria14 tion heading to another unless the Committees on Appro15 priations of the House of Representatives and Senate are

16 notified in writing 30 days in advance of the transfer, ex17 cept that in no event may the amount of any funds trans18 ferred exceed 4 percent of the local funds in the appropria19 tions.

20 SEC. 109. Consistent with the provisions of section

21 1301(a) of title 31, United States Code, appropriations

22 under this Act shall be applied only to the objects for

23 which the appropriations were made except as otherwise

24 provided by law.
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•HR 2765 EH

1 SEC. 110. Notwithstanding any other provisions of

2 law, the provisions of the District of Columbia Govern3 ment Comprehensive Merit Personnel Act of 1978 (D.C.

4 Law 2–139; D.C. Official Code, sec. 1–601.01 et seq.),

5 enacted pursuant to section 422(3) of the District of Co6 lumbia Home Rule Act (D.C. Official Code, sec. 1–

7 204l.22(3)), shall apply with respect to the compensation

8 of District of Columbia employees: Provided, That for pay

9 purposes, employees of the District of Columbia govern10 ment shall not be subject to the provisions of title 5,

11 United States Code.

12 SEC. 111. No later than 30 days after the end of the

13 first quarter of fiscal year 2004, the Mayor of the District

14 of Columbia shall submit to the Council of the District

15 of Columbia and the Committees on Appropriations of the

16 House of Representatives and Senate the new fiscal year

17 2004 revenue estimates as of the end of such quarter.

18 These estimates shall be used in the budget request for

19 fiscal year 2005. The officially revised estimates at mid20 year shall be used for the midyear report.

21 SEC. 112. No sole source contract with the District

22 of Columbia government or any agency thereof may be re23 newed or extended without opening that contract to the

24 competitive bidding process as set forth in section 303 of

25 the District of Columbia Procurement Practices Act of
38

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1 1985 (D.C. Law 6–85; D.C. Official Code, sec. 2–303.03),

2 except that the District of Columbia government or any

3 agency thereof may renew or extend sole source contracts

4 for which competition is not feasible or practical, but only

5 if the determination as to whether to invoke the competi6 tive bidding process has been made in accordance with

7 duly promulgated rules and procedures and has been re8 viewed and certified by the Chief Financial Officer of the

9 District of Columbia.

10 SEC. 113. (a) In the event a sequestration order is

11 issued pursuant to the Balanced Budget and Emergency

12 Deficit Control Act of 1985 after the amounts appro13 priated to the District of Columbia for the fiscal year in14 volved have been paid to the District of Columbia, the

15 Mayor of the District of Columbia shall pay to the Sec16 retary of the Treasury, within 15 days after receipt of a

17 request therefor from the Secretary of the Treasury, such

18 amounts as are sequestered by the order: Provided, That

19 the sequestration percentage specified in the order shall

20 be applied proportionately to each of the Federal appro21 priation accounts in this Act that are not specifically ex22 empted from sequestration by such Act.

23 (b) For purposes of the Balanced Budget and Emer24 gency Deficit Control Act of 1985, the term ‘‘program,

25 project, and activity’’ shall be synonymous with and refer
39

•HR 2765 EH

1 specifically to each account appropriating Federal funds

2 in this Act, and any sequestration order shall be applied

3 to each of the accounts rather than to the aggregate total

4 of those accounts: Provided, That sequestration orders

5 shall not be applied to any account that is specifically ex6 empted from sequestration by the Balanced Budget and

7 Emergency Deficit Control Act of 1985.

8 SEC. 114. None of the Federal funds provided in this

9 Act may be used by the District of Columbia to provide

10 for salaries, expenses, or other costs associated with the

11 offices of United States Senator or United States Rep12 resentative under section 4(d) of the District of Columbia

13 Statehood Constitutional Convention Initiatives of 1979

14 (D.C. Law 3–171; D.C. Official Code, sec. 1–123).

15 SEC. 115. None of the funds appropriated under this

16 Act shall be expended for any abortion except where the

17 life of the mother would be endangered if the fetus were

18 carried to term or where the pregnancy is the result of

19 an act of rape or incest.

20 SEC. 116. None of the Federal funds made available

21 in this Act may be used to implement or enforce the

22 Health Care Benefits Expansion Act of 1992 (D.C. Law

23 9–114; D.C. Official Code, sec. 32–701 et seq.) or to oth24 erwise implement or enforce any system of registration of

25 unmarried, cohabiting couples, including but not limited
40

•HR 2765 EH

1 to registration for the purpose of extending employment,

2 health, or governmental benefits to such couples on the

3 same basis that such benefits are extended to legally mar4 ried couples.

5 SEC. 117. (a) Notwithstanding any other provision

6 of this Act, the Mayor, in consultation with the Chief Fi7 nancial Officer of the District of Columbia may accept,

8 obligate, and expend Federal, private, and other grants

9 received by the District government that are not reflected

10 in the amounts appropriated in this Act.

11 (b)(1) No such Federal, private, or other grant may

12 be accepted, obligated, or expended pursuant to subsection

13 (a) until—

14 (A) the Chief Financial Officer of the District

15 of Columbia submits to the Council a report setting

16 forth detailed information regarding such grant; and

17 (B) the Council has reviewed and approved the

18 acceptance, obligation, and expenditure of such

19 grant.

20 (2) For purposes of paragraph (1)(B), the Council

21 shall be deemed to have reviewed and approved the accept22 ance, obligation, and expenditure of a grant if—

23 (A) no written notice of disapproval is filed with

24 the Secretary of the Council within 14 calendar days
41

•HR 2765 EH

1 of the receipt of the report from the Chief Financial

2 Officer under paragraph (1)(A); or

3 (B) if such a notice of disapproval is filed with4 in such deadline, the Council does not by resolution

5 disapprove the acceptance, obligation, or expenditure

6 of the grant within 30 calendar days of the initial

7 receipt of the report from the Chief Financial Offi8 cer under paragraph (1)(A).

9 (c) No amount may be obligated or expended from

10 the general fund or other funds of the District of Colum11 bia government in anticipation of the approval or receipt

12 of a grant under subsection (b)(2) or in anticipation of

13 the approval or receipt of a Federal, private, or other

14 grant not subject to such subsection.

15 (d) The Chief Financial Officer of the District of Co16 lumbia shall prepare a quarterly report setting forth de17 tailed information regarding all Federal, private, and

18 other grants subject to this section. Each such report shall

19 be submitted to the Council of the District of Columbia

20 and to the Committees on Appropriations of the House

21 of Representatives and Senate not later than 15 days after

22 the end of the quarter covered by the report.

23 SEC. 118. (a) Except as otherwise provided in this

24 section, none of the funds made available by this Act or

25 by any other Act may be used to provide any officer or
42

•HR 2765 EH

1 employee of the District of Columbia with an official vehi2 cle unless the officer or employee uses the vehicle only in

3 the performance of the officer’s or employee’s official du4 ties. For purposes of this paragraph, the term ‘‘official

5 duties’’ does not include travel between the officer’s or em6 ployee’s residence and workplace, except in the case of—

7 (1) an officer or employee of the Metropolitan

8 Police Department who resides in the District of Co9 lumbia or is otherwise designated by the Chief of the

10 Department;

11 (2) at the discretion of the Fire Chief, an offi12 cer or employee of the District of Columbia Fire and

13 Emergency Medical Services Department who re14 sides in the District of Columbia and is on call 24

15 hours a day;

16 (3) the Mayor of the District of Columbia; and

17 (4) the Chairman of the Council of the District

18 of Columbia.

19 (b) The Chief Financial Officer of the District of Co20 lumbia shall submit by March 1, 2004, an inventory, as

21 of September 30, 2003, of all vehicles owned, leased or

22 operated by the District of Columbia government. The in23 ventory shall include, but not be limited to, the depart24 ment to which the vehicle is assigned; the year and make

25 of the vehicle; the acquisition date and cost; the general
43

•HR 2765 EH

1 condition of the vehicle; annual operating and mainte2 nance costs; current mileage; and whether the vehicle is

3 allowed to be taken home by a District officer or employee

4 and if so, the officer or employee’s title and resident loca5 tion.

6 SEC. 119. None of the funds contained in this Act

7 may be used for purposes of the annual independent audit

8 of the District of Columbia government for fiscal year

9 2004 unless—

10 (1) the audit is conducted by the Inspector

11 General of the District of Columbia, in coordination

12 with the Chief Financial Officer of the District of

13 Columbia, pursuant to section 208(a)(4) of the Dis14 trict of Columbia Procurement Practices Act of

15 1985 (D.C. Official Code, sec. 2–302.8); and

16 (2) the audit includes as a basic financial state17 ment a comparison of audited actual year-end re18 sults with the revenues submitted in the budget doc19 ument for such year and the appropriations enacted

20 into law for such year using the format, terminology,

21 and classifications contained in the law making the

22 appropriations for the year and its legislative his23 tory.

24 SEC. 120. (a) None of the funds contained in this

25 Act may be used by the District of Columbia Corporation
44

•HR 2765 EH

1 Counsel or any other officer or entity of the District gov2 ernment to provide assistance for any petition drive or civil

3 action which seeks to require Congress to provide for vot4 ing representation in Congress for the District of Colum5 bia.

6 (b) Nothing in this section bars the District of Co7 lumbia Corporation Counsel from reviewing or com8 menting on briefs in private lawsuits, or from consulting

9 with officials of the District government regarding such

10 lawsuits.

11 SEC. 121. (a) None of the funds contained in this

12 Act may be used for any program of distributing sterile

13 needles or syringes for the hypodermic injection of any ille14 gal drug.

15 (b) Any individual or entity who receives any funds

16 contained in this Act and who carries out any program

17 described in subsection (a) shall account for all funds used

18 for such program separately from any funds contained in

19 this Act.

20 SEC. 122. None of the funds contained in this Act

21 may be used after the expiration of the 60-day period that

22 begins on the date of the enactment of this Act to pay

23 the salary of any chief financial officer of any office of

24 the District of Columbia government (including any inde25 pendent agency of the District of Columbia) who has not
45

•HR 2765 EH

1 filed a certification with the Mayor and the Chief Finan2 cial Officer of the District of Columbia that the officer

3 understands the duties and restrictions applicable to the

4 officer and the officer’s agency as a result of this Act (and

5 the amendments made by this Act), including any duty

6 to prepare a report requested either in the Act or in any

7 of the reports accompanying the Act and the deadline by

8 which each report must be submitted. The Chief Financial

9 Officer of the District of Columbia shall provide to the

10 Committees on Appropriations of the House of Represent11 atives and Senate by the 10th day after the end of each

12 quarter a summary list showing each report, the due date,

13 and the date submitted to the Committees.

14 SEC. 123. (a) None of the funds contained in this

15 Act may be used to enact or carry out any law, rule, or

16 regulation to legalize or otherwise reduce penalties associ17 ated with the possession, use, or distribution of any sched18 ule I substance under the Controlled Substances Act (21

19 U.S.C. 802) or any tetrahydrocannabinols derivative.

20 (b) The Legalization of Marijuana for Medical Treat21 ment Initiative of 1998, also known as Initiative 59, ap22 proved by the electors of the District of Columbia on No23 vember 3, 1998, shall not take effect.

24 SEC. 124. Nothing in this Act may be construed to

25 prevent the Council or Mayor of the District of Columbia
46

•HR 2765 EH

1 from addressing the issue of the provision of contraceptive

2 coverage by health insurance plans, but it is the intent

3 of Congress that any legislation enacted on such issue

4 should include a ‘‘conscience clause’’ which provides excep5 tions for religious beliefs and moral convictions.

6 SEC. 125. The Mayor of the District of Columbia

7 shall submit to the Committees on Appropriations of the

8 House of Representatives and Senate, the Committee on

9 Government Reform of the House of Representatives, and

10 the Committee on Governmental Affairs of the Senate

11 quarterly reports addressing—

12 (1) crime, including the homicide rate, imple13 mentation of community policing, the number of po14 lice officers on local beats, and the closing down of

15 open-air drug markets;

16 (2) access to substance and alcohol abuse treat17 ment, including the number of treatment slots, the

18 number of people served, the number of people on

19 waiting lists, and the effectiveness of treatment pro20 grams;

21 (3) management of parolees and pre-trial vio22 lent offenders, including the number of halfway

23 houses escapes and steps taken to improve moni24 toring and supervision of halfway house residents to

25 reduce the number of escapes to be provided in con-
47

•HR 2765 EH

1 sultation with the Court Services and Offender Su2 pervision Agency for the District of Columbia;

3 (4) education, including access to special edu4 cation services and student achievement to be pro5 vided in consultation with the District of Columbia

6 Public Schools and the District of Columbia public

7 charter schools;

8 (5) improvement in basic District services, in9 cluding rat control and abatement;

10 (6) application for and management of Federal

11 grants, including the number and type of grants for

12 which the District was eligible but failed to apply

13 and the number and type of grants awarded to the

14 District but for which the District failed to spend

15 the amounts received; and

16 (7) indicators of child well-being.

17 SEC. 126. No later than 30 calendar days after the

18 date of the enactment of this Act, the Chief Financial Offi19 cer of the District of Columbia shall submit to the appro20 priate committees of Congress, the Mayor, and the Council

21 of the District of Columbia a revised appropriated funds

22 operating budget in the format of the budget that the Dis23 trict of Columbia government submitted pursuant to sec24 tion 442 of the District of Columbia Home Rule Act (D.C.

25 Official Code, sec. 1–204.42), for all agencies of the Dis-
48

•HR 2765 EH

1 trict of Columbia government for fiscal year 2003 that is

2 in the total amount of the approved appropriation and

3 that realigns all budgeted data for personal services and

4 other-than-personal-services, respectively, with anticipated

5 actual expenditures.

6 SEC. 127. None of the funds contained in this Act

7 may be used to issue, administer, or enforce any order

8 by the District of Columbia Commission on Human Rights

9 relating to docket numbers 93–030–(PA) and 93–031–

10 (PA).

11 SEC. 128. None of the Federal funds made available

12 in this Act may be transferred to any department, agency,

13 or instrumentality of the United States Government, ex14 cept pursuant to a transfer made by, or transfer authority

15 provided in, this Act or any other appropriation Act.

16 SEC. 129. During fiscal year 2004 and any subse17 quent fiscal year, in addition to any other authority to pay

18 claims and judgments, any department, agency, or instru19 mentality of the District government may use local funds

20 to pay the settlement or judgment of a claim or lawsuit

21 in an amount less than $10,000, in accordance with the

22 Risk Management for Settlements and Judgments

23 Amendment Act of 2000 (D.C. Law 13–172; D.C. Official

24 Code, sec. 2–402).
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1 SEC. 130. Notwithstanding any other law, the Dis2 trict of Columbia Courts shall transfer to the general

3 treasury of the District of Columbia all fines levied and

4 collected by the Courts under section 10(b)(1) and (2) of

5 the District of Columbia Traffic Act (D.C. Official Code,

6 sec. 50–2201.05(b)(1) and (2)). The transferred funds

7 shall remain available until expended and shall be used

8 by the Office of the Corporation Counsel for enforcement

9 and prosecution of District traffic alcohol laws in accord10 ance with section 10(b)(3) of the District of Columbia

11 Traffic Act (D.C. Official Code, sec. 50–2201.05(b)(3)).

12 SEC. 131. During fiscal year 2004 and any subse13 quent fiscal year, any agency of the District government

14 may transfer to the Office of Labor Relations and Collec15 tive Bargaining (OLRCB) such local funds as may be nec16 essary to pay for representation by OLRCB in third-party

17 cases, grievances, and dispute resolution, pursuant to an

18 intra-District agreement with OLRCB. These amounts

19 shall be available for use by OLRCB to reimburse the cost

20 of providing the representation.

21 SEC. 132. (a) None of the funds contained in this

22 Act may be made available to pay—

23 (1) the fees of an attorney who represents a

24 party in an action or an attorney who defends an ac25 tion, including an administrative proceeding, brought
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1 against the District of Columbia Public Schools

2 under the Individuals with Disabilities Education

3 Act (20 U.S.C. 1400 et seq.) in excess of $4,000 for

4 that action; or

5 (2) the fees of an attorney or firm whom the

6 Chief Financial Officer of the District of Columbia

7 determines to have a pecuniary interest, either

8 through an attorney, officer or employee of the firm,

9 in any special education diagnostic services, schools,

10 or other special education service providers.

11 (b)(1) The District of Columbia Public Schools shall

12 increase the amount of local funds it allocates for services

13 to children under the Individuals With Disabilities Edu14 cation Act during fiscal year 2004 by the amount of sav15 ings resulting during the year from the restrictions on the

16 payment of attorney fees under subsection (a), as esti17 mated and published by the Chief Financial Officer.

18 (2) The Chief Financial Officer shall make estimates

19 of the savings described in paragraph (1) on a quarterly

20 basis during fiscal year 2004, and shall publish the esti21 mates not later than 10 days after the end of each quarter.

22 SEC. 133. The Chief Financial Officer of the District

23 of Columbia shall require attorneys in special education

24 cases brought under the Individuals with Disabilities Act

25 (IDEA) in the District of Columbia to certify in writing
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1 that the attorney or representative rendered any and all

2 services for which they receive awards, including those re3 ceived under a settlement agreement or as part of an ad4 ministrative proceeding, under the IDEA from the District

5 of Columbia: Provided, That as part of the certification,

6 the Chief Financial Officer of the District of Columbia

7 shall require all attorneys in IDEA cases to disclose any

8 financial, corporate, legal, memberships on boards of di9 rectors, or other relationships with any special education

10 diagnostic services, schools, or other special education

11 service providers to which the attorneys have referred any

12 clients as part of this certification: Provided further, That

13 the Chief Financial Officer shall prepare and submit quar14 terly reports to the Committees on Appropriations of the

15 Senate and the House of Representatives on the certifi16 cation of and the amount paid by the government of the

17 District of Columbia, including the District of Columbia

18 Public Schools, to attorneys in cases brought under IDEA:

19 Provided further, That the Inspector General of the Dis20 trict of Columbia may conduct investigations to determine

21 the accuracy of the certifications.

22 SEC. 134. None of the funds contained in this Act

23 may be used to fund or otherwise support the action of

24 District of Columbia, et al., v. Beretta U.S.A. et al. (Nos.
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1 03–CV–24, 03–CV–38, District of Columbia Court of Ap2 peals).

3 TITLE IV—DC PARENTAL

4 CHOICE

5 SEC. 401. SHORT TITLE.

6 This title may be cited as the ‘‘DC Parental Choice

7 Incentive Act of 2003’’.

8 SEC. 402. FINDINGS.

9 The Congress finds the following:

10 (1) Parents are best equipped to make decisions

11 for their children, including the educational setting

12 that will best serve the interests and educational

13 needs of their child.

14 (2) For many parents in the District of Colum15 bia, public school choice provided for under the No

16 Child Left Behind Act of 2001 is inadequate due to

17 capacity constraints within the public schools.

18 Therefore, in keeping with the spirit of the No Child

19 Left Behind Act of 2001, school choice options, in

20 addition to those already available to parents in the

21 District of Columbia (such as magnet and charter

22 schools and open enrollment schools) should be made

23 available to those parents.

24 (3) In the most recent mathematics assessment

25 on the National Assessment of Educational Progress
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1 (NAEP), administered in 2000, a lower percentage

2 of 4th-grade students in DC demonstrated pro3 ficiency than was the case for any State. Seventy-six

4 percent of DC fourth-graders scored at the ‘‘below

5 basic’’ level and of the 8th-grade students in the

6 District of Columbia, only 6 percent of the students

7 tested at the proficient or advanced levels, and 77

8 percent were below basic. In the most recent NAEP

9 reading assessment, in 1998, only 10 percent of DC

10 fourth-graders could read proficiently, while 72 per11 cent were below basic. At the 8th-grade level, 12

12 percent were proficient or advanced and 56 percent

13 were below basic.

14 (4) A program enacted for the valid secular

15 purpose of providing educational assistance to low16 income children in a demonstrably failing public

17 school system is constitutional under Zelman v. Sim18 mons-Harris if it is neutral with respect to religion

19 and provides assistance to a broad class of citizens

20 who direct government aid to schools solely as a re21 sult of their independent private choices.

22 SEC. 403. PURPOSE.

23 The purpose of this title is to provide low-income par24 ents residing in the District of Columbia, particularly par25 ents of students who attend elementary or secondary
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1 schools identified for improvement, corrective action, or

2 restructuring under section 1116 of the Elementary and

3 Secondary Education Act of 1965 (20 U.S.C. 6316), with

4 expanded opportunities for enrolling their children in high5 er-performing schools in the District of Columbia.

6 SEC. 404. GENERAL AUTHORITY.

7 (a) AUTHORITY.—From funds appropriated to carry

8 out this title, the Secretary shall award grants on a com9 petitive basis to eligible entities with approved applications

10 under section 405 to carry out activities to provide eligible

11 students with expanded school choice opportunities. The

12 Secretary may award a single grant or multiple grants,

13 depending on the quality of applications submitted and the

14 priorities of this title.

15 (b) DURATION OF GRANTS.—The Secretary may

16 make grants under this section for a period of not more

17 than 5 years.

18 SEC. 405. APPLICATIONS.

19 (a) IN GENERAL.—In order to receive a grant under

20 this title, an eligible entity shall submit an application to

21 the Secretary at such time, in such manner, and accom22 panied by such information as the Secretary may require.

23 (b) CONTENTS.—The Secretary may not approve the

24 request of an eligible entity for a grant under this title

25 unless the entity’s application includes—
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1 (1) a detailed description of—

2 (A) how the entity will address the prior3 ities described in section 406;

4 (B) how the entity will ensure that if more

5 eligible students seek admission in the program

6 than the program can accommodate, eligible

7 students are selected for admission through a

8 random selection process which gives weight to

9 the priorities described in section 406;

10 (C) how the entity will ensure that if more

11 participating eligible students seek admission to

12 a participating school than the school can ac13 commodate, participating eligible students are

14 selected for admission through a random selec15 tion process;

16 (D) how the entity will notify parents of el17 igible students of the expanded choice opportu18 nities;

19 (E) the activities that the entity will carry

20 out to provide parents of eligible students with

21 expanded choice opportunities through the

22 awarding of scholarships under section 407(a);

23 (F) how the entity will determine the

24 amount that will be provided to parents for the
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1 tuition, fees, and transportation expenses, if

2 any;

3 (G) how the entity will seek out private el4 ementary and secondary schools in the District

5 of Columbia to participate in the program, and

6 will ensure that participating schools will meet

7 the applicable requirements of this title and

8 provide the information needed for the entity to

9 meet the reporting requirements of this title;

10 (H) how the entity will ensure that partici11 pating schools are financially responsible;

12 (I) how the entity will address the renewal

13 of scholarships to participating eligible stu14 dents, including continued eligibility; and

15 (J) how the entity will ensure that a ma16 jority of its voting board members or governing

17 organization are residents of the District of Co18 lumbia; and

19 (2) an assurance that the entity will comply

20 with all requests regarding any evaluation carried

21 out under section 409.

22 SEC. 406. PRIORITIES.

23 In awarding grants under this title, the Secretary

24 shall give priority to applications from eligible entities who

25 will most effectively—
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1 (1) give priority to eligible students who, in the

2 school year preceding the school year for which the

3 eligible student is seeking a scholarship, attended an

4 elementary or secondary school identified for im5 provement, corrective action, or restructuring under

6 section 1116 of the Elementary and Secondary Edu7 cation Act of 1965 (20 U.S.C. 6316);

8 (2) target resources to students and families

9 that lack the financial resources to take advantage

10 of available educational options;

11 (3) provide students and families with the

12 widest range of educational options; and

13 (4) serve students of varying ages and grade

14 levels.

15 SEC. 407. USE OF FUNDS.

16 (a) SCHOLARSHIPS.—

17 (1) IN GENERAL.—Subject to paragraph (2)

18 and (3), a grantee shall use the grant funds to pro19 vide eligible students with scholarships to pay the

20 tuition, fees, and transportation expenses, if any, to

21 enable them to attend the District of Columbia pri22 vate elementary or secondary school of their choice.

23 Each grantee shall ensure that the amount of any

24 tuition or fees charged by a school participating in

25 the grantee’s program under this title to an eligible
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1 student participating in the program does not exceed

2 the amount of tuition or fees that the school custom3 arily charges to students who do not participate in

4 the program.

5 (2) PAYMENTS TO PARENTS.—A grantee shall

6 make scholarship payments under the program

7 under this title to the parent of the eligible student

8 participating in the program, in a manner which en9 sures that such payments will be used for the pay10 ment of tuition, fees, and transportation expenses (if

11 any), in accordance with this title.

12 (3) AMOUNT OF ASSISTANCE.—

13 (A) VARYING AMOUNTS PERMITTED.—Sub14 ject to the other requirements of this section, a

15 grantee may award scholarships in larger

16 amounts to those eligible students with the

17 greatest need.

18 (B) ANNUAL LIMIT ON AMOUNT.—The

19 amount of assistance provided to any eligible

20 student by a grantee under a program under

21 this title may not exceed $7,500 for any aca22 demic year.

23 (b) ADMINISTRATIVE EXPENSES.—A grantee may

24 use not more than 3 percent of the amount provided under

25 the grant each year for the administrative expenses of car-
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1 rying out its program under this title during the year,

2 including—

3 (1) determining the eligibility of students to

4 participate;

5 (2) providing information about the program

6 and the schools involved to parents of eligible stu7 dents;

8 (3) selecting students to receive scholarships;

9 (4) determining the amount of scholarships and

10 issuing them to eligible students;

11 (5) compiling and maintaining financial and

12 programmatic records; and

13 (6) providing funds to assist parents in meeting

14 expenses that might otherwise preclude the partici15 pation of their child in the program.

16 SEC. 408. NONDISCRIMINATION.

17 (a) IN GENERAL.—A school participating in any pro18 gram under this title shall not discriminate on the basis

19 of race, color, national origin, or sex in participating in

20 the program.

21 (b) APPLICABILITY AND CONSTRUCTION WITH RE22 SPECT TO DISCRIMINATION ON THE BASIS OF SEX.—

23 (1) APPLICABILITY.—Notwithstanding sub24 section (a) or any other provision of law, it shall not

25 be considered discrimination on the basis of sex for
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1 a school that is operated by, supervised by, con2 trolled by, or connected to a religious organization to

3 take sex into account to the extent that failing to do

4 so would be inconsistent with the religious tenets or

5 beliefs of the school.

6 (2) SINGLE-SEX SCHOOLS, CLASSES, OR ACTIVI7 TIES.—Notwithstanding subsection (a) or any other

8 provision of law, a parent may choose and a school

9 may offer a single-sex school, class, or activity.

10 (3) CONSTRUCTION.—With respect to discrimi11 nation on the basis of sex, nothing in subsection (a)

12 shall be construed to require any person or public or

13 private entity to provide or pay, or to prohibit any

14 such person or entity from providing or paying, for

15 any benefit or service, including the use of facilities,

16 related to an abortion. Nothing in the preceding sen17 tence shall be construed to permit a penalty to be

18 imposed on any person or individual because such

19 person or individual is seeking or has received any

20 benefit or services related to a legal abortion.

21 (c) CHILDREN WITH DISABILITIES.—Nothing in this

22 title may be construed to alter or modify the provisions

23 of the Individuals with Disabilities Education Act.

24 (d) RELIGIOUSLY AFFILIATED SCHOOLS.—
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1 (1) IN GENERAL.—Notwithstanding any other

2 provision of law, a school participating in any pro3 gram under this title which is operated by, super4 vised by, controlled by, or connected to, a religious

5 organization may employ persons of the same reli6 gion to the extent determined by that school to pro7 mote the religious purpose for which the school is es8 tablished or maintained.

9 (2) RELIGIOUS PURPOSES.—Notwithstanding

10 any other provision of law, funds made available

11 under this title may be used for religious educational

12 purposes, and no participating school shall be re13 quired to remove religious art, icons, scriptures, or

14 other symbols. A participating school may retain re15 ligious terms in its name, select its board members

16 on a religious basis, and include religious references

17 in its mission statements and other chartering or

18 governing documents.

19 (e) RULE OF CONSTRUCTION.—A scholarship (or any

20 other form of support provided to parents of eligible stu21 dents) under this title shall be considered assistance to

22 the student and shall not be considered assistance to the

23 school that enrolls the eligible student. The amount of any

24 scholarship (or other form of support provided to parents

25 of an eligible student) under this title shall not be treated
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1 as income of the parents for purposes of Federal tax laws

2 or for determining eligibility for any other Federal pro3 gram.

4 SEC. 409. EVALUATIONS.

5 (a) IN GENERAL.—

6 (1) DUTIES OF SECRETARY.—The Secretary

7 shall—

8 (A) conduct an evaluation using the

9 strongest possible research design for deter10 mining the effectiveness of the programs funded

11 under this title that addresses the issues de12 scribed in paragraph (2); and

13 (B) disseminate information on the impact

14 of the programs in increasing the student aca15 demic achievement of participating students, as

16 well as other appropriate measures of student

17 success, and on the impact of the programs on

18 students and schools in the District of Colum19 bia.

20 (2) ISSUES TO BE EVALUATED.—The issues de21 scribed in this paragraph include the following:

22 (A) A comparison of the academic achieve23 ment of students who participate in the pro24 grams funded under this title with the academic
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1 achievement of students of similar backgrounds

2 who do not participate in such programs.

3 (B) The success of the programs in ex4 panding choice options for parents.

5 (C) The reasons parents choose for their

6 children to participate in the programs.

7 (D) A comparison of the retention rates,

8 dropout rates, and (if appropriate) graduation

9 and college admission rates of students who

10 participate in the programs funded under this

11 title with the retention rates, dropout rates, and

12 (if appropriate) graduation and college admis13 sion rates of students of similar backgrounds

14 who do not participate in such programs.

15 (E) The impact of the program on stu16 dents and public elementary and secondary

17 schools in the District of Columbia.

18 (F) A comparison of the safety of the

19 schools attended by students who participate in

20 the programs and the schools attended by stu21 dents who do not participate in the programs.

22 (G) Such other issues as the Secretary

23 considers appropriate for inclusion in the eval24 uation.
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1 (b) REPORTS.—The Secretary shall submit to the

2 Committees on Appropriations, Education and the Work3 force, and Government Reform of the House of Represent4 atives and the Committees on Appropriations, Health,

5 Education, Labor, and Pensions, and Governmental Af6 fairs of the Senate—

7 (1) annual interim reports not later than De8 cember 1 of each year for which a grant is made

9 under this title on the progress and preliminary re10 sults of the evaluation of the programs funded under

11 this title; and

12 (2) a final report not later than 1 year after the

13 final year for which a grant is made under this title

14 on the results of the evaluation of the programs

15 funded under this title.

16 (c) PUBLIC AVAILABILITY.—All reports and under17 lying data gathered pursuant to this section shall be made

18 available to the public upon request, in a timely manner

19 following submission of the applicable report under sub20 section (b), except that personally identifiable information

21 shall not be disclosed or made available to the public.

22 (d) LIMIT ON AMOUNT EXPENDED.—The amount ex23 pended by the Secretary to carry out this section for any

24 fiscal year may not exceed 3 percent of the total amount

25 appropriated to carry out this title for the fiscal year.
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1 SEC. 410. REPORTING REQUIREMENTS.

2 (a) ACTIVITIES REPORTS.—Each grantee receiving

3 funds under this title during a year shall submit a report

4 to the Secretary not later than July 30 of the following

5 year regarding the activities carried out with the funds

6 during the preceding year.

7 (b) ACHIEVEMENT REPORTS.—

8 (1) IN GENERAL.—In addition to the reports

9 required under subsection (a), each grantee shall,

10 not later than September 1 of the year during which

11 the second academic year of the grantee’s program

12 is completed and each of the next 2 years thereafter,

13 submit a report to the Secretary regarding the data

14 collected in the previous 2 academic years

15 concerning—

16 (A) the academic achievement of students

17 participating in the program;

18 (B) the graduation and college admission

19 rates of students who participate in the pro20 gram, where appropriate; and

21 (C) parental satisfaction with the program.

22 (2) PROHIBITING DISCLOSURE OF PERSONAL

23 INFORMATION.—No report under this subsection

24 may contain any personally identifiable information.

25 (c) REPORTS TO PARENT.—
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1 (1) IN GENERAL.—Each grantee shall ensure

2 that each school participating in the grantee’s pro3 gram under this title during a year reports at least

4 once during the year to the parents of each of the

5 school’s students who are participating in the pro6 gram on—

7 (A) the student’s academic achievement, as

8 measured by a comparison with the aggregate

9 academic achievement of other participating

10 students at the student’s school in the same

11 grade or level, as appropriate, and the aggre12 gate academic achievement of the student’s

13 peers at the student’s school in the same grade

14 or level, as appropriate; and

15 (B) the safety of the school, including the

16 incidence of school violence, student suspen17 sions, and student expulsions.

18 (2) PROHIBITING DISCLOSURE OF PERSONAL

19 INFORMATION.—No report under this subsection

20 may contain any personally identifiable information,

21 except as to the student who is the subject of the

22 report to that student’s parent.

23 (d) REPORT TO CONGRESS.—The Secretary shall

24 submit to the Committees on Appropriations, Education

25 and the Workforce, and Government Reform of the House
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1 of Representatives and the Committees on Appropriations,

2 Health, Education, Labor, and Pensions, and Govern3 mental Affairs of the Senate an annual report on the find4 ings of the reports submitted under subsections (a) and

5 (b).

6 SEC. 411. OTHER REQUIREMENTS FOR PARTICIPATING

7 SCHOOLS.

8 (a) ADMISSION OF ELIGIBLE STUDENTS.—Each

9 school choosing to participate in a program funded under

10 this title shall accept any participating eligible student on

11 a religious-neutral basis, except that if the school has more

12 participating eligible students seeking admission than it

13 can accommodate, the school shall accept participating eli14 gible students through a religious-neutral, random selec15 tion process, consistent with section 405(b)(1)(C).

16 (b) REQUESTS FOR DATA AND INFORMATION.—Each

17 school participating in a program funded under this title

18 shall comply with all requests for data and information

19 regarding evaluations conducted under section 409(a).

20 (c) RULES OF CONDUCT AND OTHER SCHOOL POLI21 CIES.—Subject to section 408, a participating school may

22 require eligible students to abide by any rules of conduct

23 and other requirements applicable to all other students at

24 the school.
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1 SEC. 412. DEFINITIONS.

2 As used in this title:

3 (1) ELEMENTARY SCHOOL.—The term ‘‘elemen4 tary school’’ has the meaning given that term in sec5 tion 9101 of the Elementary and Secondary Edu6 cation Act of 1965 (20 U.S.C. 7801).

7 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti8 ty’’ means any of the following:

9 (A) An educational entity of the District of

10 Columbia Government.

11 (B) A nonprofit organization.

12 (C) A consortium of nonprofit organiza13 tions.

14 (3) ELIGIBLE STUDENT.—The term ‘‘eligible

15 student’’ means a student who is a resident of the

16 District of Columbia and who comes from a house17 hold whose income does not exceed 185 percent of

18 the poverty line applicable to a family of the size in19 volved.

20 (4) PARENT.—The term ‘‘parent’’ has the

21 meaning given that term in section 9101 of the Ele22 mentary and Secondary Education Act of 1965 (20

23 U.S.C. 7801).

24 (5) POVERTY LINE.—The term ‘‘poverty line’’

25 has the meaning given that term in section 9101 of
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1 the Elementary and Secondary Education Act of

2 1965 (20 U.S.C. 7801).

3 (6) SECONDARY SCHOOL.—The term ‘‘sec4 ondary school’’ has the meaning given that term in

5 section 9101 of the Elementary and Secondary Edu6 cation Act of 1965 (20 U.S.C. 7801).

7 (7) SECRETARY.—The term ‘‘Secretary’’ means

8 the Secretary of Education.

9 SEC. 413. AUTHORIZATION OF APPROPRIATIONS.

10 There are authorized to be appropriated to carry out

11 this title $10,000,000 for fiscal year 2004 and such sums

12 as may be necessary for each of the 4 succeeding fiscal

13 years.

14 This Act may be cited as the ‘‘District of Columbia

15 Appropriations Act, 2004’’.

Passed the House of Representatives September 9,

2003.

Attest:

Clerk.

108TH CONGRESS

1ST SESSION H. R. 2765

AN ACT

Making appropriations for the government of the

District of Columbia and other activities chargeable in whole or in part against the revenues ofsaid District for the fiscal year ending September30, 2004, and for other purposes.