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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2765 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 278
108th CONGRESS
  1st Session
                                H. R. 2765

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 10, 2003

            Received; read twice and placed on the calendar

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the District of Columbia for 
the fiscal year ending September 30, 2004, 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, 
$17,000,000, to remain available until expended: Provided, That such 
funds, including any interest accrued thereon, may be used on behalf of 
eligible District of Columbia residents to pay an amount based upon the 
difference between in-State and out-of-State tuition at public 
institutions of higher education, or to pay up to $2,500 each year at 
eligible private institutions of higher education: Provided further, 
That the awarding of such funds may be prioritized on the basis of a 
resident's academic merit, the income and need of eligible students and 
such other factors as may be authorized: Provided further, That the 
District of Columbia government shall maintain a dedicated account for 
the Resident Tuition Support Program that shall consist of the Federal 
funds appropriated to the Program in this Act and any subsequent 
appropriations, any unobligated balances from prior fiscal years, and 
any interest earned in this or any fiscal year: Provided further, That 
the account shall be under the control of the District of Columbia 
Chief Financial Officer who shall use those funds solely for the 
purposes of carrying out the Resident Tuition Support Program: Provided 
further, That the Office of the Chief Financial Officer shall provide a 
quarterly financial report to the Committees on Appropriations of the 
House of Representatives and Senate for these funds showing, by object 
class, the expenditures made and the purpose therefor: Provided 
further, That not more than 7 percent of the total amount appropriated 
for this program may be used for administrative expenses.

   Federal Payment for Emergency Planning and Security Costs in the 
                          District of Columbia

    For necessary expenses, as determined by the Mayor of the District 
of Columbia in written consultation with the elected county or city 
officials of surrounding jurisdictions, $15,000,000, to remain 
available until expended, to reimburse the District of Columbia for the 
costs of providing public safety at events related to the presence of 
the national capital in the District of Columbia, and for the costs of 
providing support to respond to immediate and specific terrorist 
threats or attacks in the District of Columbia or surrounding 
jurisdictions: Provided, That any amount provided under this heading 
shall be available only after notice of its proposed use has been 
transmitted by the President to Congress and such amount has been 
apportioned pursuant to chapter 15 of title 31, United States Code.

           Federal Payment to the District of Columbia Courts

    For salaries and expenses for the District of Columbia Courts, 
$163,819,000, to be allocated as follows: for the District of Columbia 
Court of Appeals, $8,775,000, of which not to exceed $1,500 is for 
official reception and representation expenses; for the District of 
Columbia Superior Court, $83,387,000, of which not to exceed $1,500 is 
for official reception and representation expenses; for the District of 
Columbia Court System, $40,006,000, of which not to exceed $1,500 is 
for official reception and representation expenses: and $31,651,000, to 
remain available until September 30, 2005, for capital improvements for 
District of Columbia courthouse facilities: Provided, That funds made 
available for capital improvements shall be expended consistent with 
the General Services Administration master plan study and building 
evaluation report: Provided further, That notwithstanding any other 
provision of law, all amounts under this heading shall be apportioned 
quarterly by the Office of Management and Budget and obligated and 
expended in the same manner as funds appropriated for salaries and 
expenses of other Federal agencies, with payroll and financial services 
to be provided on a contractual basis with the General Services 
Administration (GSA), said services to 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 funds provided under this heading for the Court of Appeals, 
District of Columbia Superior Court, and the District of Columbia Court 
System: Provided further, That such reallocation may increase or 
decrease funding for such entity by no more than 2 percent.

            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, 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), $32,000,000, to remain available until expended: 
Provided further, That the funds provided in this Act under the heading 
``Federal Payment to the District of Columbia Courts'' (other than the 
$31,651,000 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 $31,651,000 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, 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), said services to include the 
preparation of monthly financial reports, copies of which shall be 
submitted directly by GSA to the President and to the Committees on 
Appropriations of the House of Representatives and Senate, the 
Committee on Government Reform of the House of Representatives, and the 
Committee on Governmental Affairs of the Senate.

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

                     (including transfer of funds)

    For salaries and expenses, including the transfer and hire of motor 
vehicles, of the Court Services and Offender Supervision Agency for the 
District of Columbia, as authorized by the National Capital 
Revitalization and Self-Government Improvement Act of 1997, 
$163,081,000, of which not to exceed $2,000 is for official receptions 
and representation expenses related to Community Supervision and 
Pretrial Services Agency programs; of which not to exceed $25,000 is 
for dues and assessments relating to the implementation of the Court 
Services and Offender Supervision Agency Interstate Supervision Act of 
2002; of which $100,460,000 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 $37,411,000 shall be available to the Pretrial Services Agency; 
and of which $25,210,000 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 
notwithstanding chapter 33 of title 40, United States Code, the 
Director may acquire by purchase, lease, condemnation, or donation, and 
renovate as necessary, Building Number 17, 1900 Massachusetts Avenue, 
Southeast, Washington, District of Columbia to house or supervise 
offenders and defendants, with funds made available for this purpose in 
Public Law 107-96: Provided further, That the Director is authorized to 
accept and use gifts in the form of in-kind contributions of space and 
hospitality to support offender and defendant programs, and equipment 
and vocational training services to educate and train offenders and 
defendants: Provided further, That the Director shall keep accurate and 
detailed records of the acceptance and use of any gift or donation 
under the previous proviso, and shall make such records available for 
audit and public inspection.

 Federal Payment to the District of Columbia Water and Sewer Authority

    For a Federal payment to the District of Columbia Water and Sewer 
Authority, $35,000,000, 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, $4,300,000, to remain available until September 30, 
2005, 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 support initiatives related to the coordination of 
Federal and local criminal justice resources in the District of 
Columbia.

  Federal Payment for Capital Development in the District of Columbia

    For a Federal payment to the District of Columbia for capital 
development, $8,000,000, to remain available until expended, for the 
Unified Communications Center.

              Federal Payment for Public School Facilities

    For a Federal payment to the District of Columbia Public Schools, 
$4,500,000, of which $500,000 shall be for a window repair and 
reglazing program and $4,000,000 shall be for a playground repair and 
replacement program.

            Federal Payment for the Family Literacy Program

    For a Federal payment to the District of Columbia, $2,000,000 for 
the 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 a District of Columbia Scholarship Program

    For a Federal payment for a District of Columbia scholarship 
program, $10,000,000, subject to authorization.

   Federal Payment to the Chief Financial Officer of the District of 
                                Columbia

    For a Federal payment to the Chief Financial Officer of the 
District of Columbia, $10,000,000 for education, public safety and 
health, economic development, and infrastructure initiatives in the 
District of Columbia.

                  TITLE II--DISTRICT OF COLUMBIA FUNDS

                           OPERATING EXPENSES

                          Division of Expenses

    The following amounts are appropriated for the District of Columbia 
for the current fiscal year out of the general fund of the District of 
Columbia, except as otherwise specifically provided: Provided, That 
notwithstanding any other provision of law, except as provided in 
section 450A of the District of Columbia Home Rule Act (D.C. Official 
Code, sec. 1-204.50a) and section 117 of this Act, the total amount 
appropriated in this Act for operating expenses for the District of 
Columbia for fiscal year 2004 under this heading shall not exceed the 
lesser of the sum of the total revenues of the District of Columbia for 
such fiscal year or $6,326,138,000 (of which $3,832,734,000 shall be 
from local funds, $1,568,734,000 shall be from Federal grant funds, 
$910,904,000 shall be from other funds, and $13,766,000 shall be from 
private funds), in addition, $59,800,000 from funds previously 
appropriated in this Act as Federal payments: Provided further, That 
this amount may be increased by proceeds of one-time transactions, 
which are expended for emergency or unanticipated operating or capital 
needs: Provided further, That such increases shall be approved by 
enactment of local District law and shall comply with all reserve 
requirements contained in the District of Columbia Home Rule Act as 
amended by this Act: Provided further, That the Chief Financial Officer 
of the District of Columbia shall take such steps as are necessary to 
assure that the District of Columbia meets these requirements, 
including the apportioning by the Chief Financial Officer of the 
appropriations and funds made available to the District during fiscal 
year 2004, except that the Chief Financial Officer may not reprogram 
for operating expenses any funds derived from bonds, notes, or other 
obligations issued for capital projects.

                   Governmental Direction and Support

    Governmental direction and support, $284,415,000 (including 
$206,825,000 from local funds, $57,440,000 from Federal grant funds, 
and $20,150,000 from other funds), in addition, $10,000,000 from funds 
previously appropriated in this Act under the heading ``Federal Payment 
to the Chief Financial Officer of the District of Columbia'': Provided, 
That not to exceed $2,500 for the Mayor, $2,500 for the Chairman of the 
Council of the District of Columbia, $2,500 for the City Administrator, 
and $2,500 for the Office of the Chief Financial Officer shall be 
available from this appropriation for official purposes: Provided 
further, That any program fees collected from the issuance of debt 
shall be available for the payment of expenses of the debt management 
program of the District of Columbia: Provided further, That no revenues 
from Federal sources shall be used to support the operations or 
activities of the Statehood Commission and Statehood Compact 
Commission: Provided further, That the District of Columbia shall 
identify the sources of funding for Admission to Statehood from its own 
locally generated revenues: Provided further, That notwithstanding any 
other provision of law, or Mayor's Order 86-45, issued March 18, 1986, 
the Office of the Chief Technology Officer's delegated small purchase 
authority shall be $500,000: Provided further, That the District of 
Columbia government may not require the Office of the Chief Technology 
Officer to submit to any other procurement review process, or to obtain 
the approval of or be restricted in any manner by any official or 
employee of the District of Columbia government, for purchases that do 
not exceed $500,000: Provided further, That not to exceed $25,000, to 
remain available until expended, of the funds in the District of 
Columbia Antitrust Fund established pursuant to section 820 of the 
District of Columbia Procurement Practices Act of 1985 (D.C. Law 6-85; 
D.C. Official Code, sec. 2-308.20) is hereby made available for the use 
of the Office of the Corporation Counsel of the District of Columbia in 
accordance with the laws establishing this fund.

                  Economic Development and Regulation

    Economic development and regulation, $276,647,000 (including 
$53,336,000 from local funds, $91,077,000 from Federal grant funds, 
$132,109,000 from other funds, and $125,000 from private funds), of 
which $15,000,000 collected by the District of Columbia in the form of 
BID tax revenue shall be paid to the respective BIDs pursuant to the 
Business Improvement Districts Act of 1996 (D.C. Law 11-134; D.C. 
Official Code, sec. 2-1215.01 et seq.), and the Business Improvement 
Districts Amendment Act of 1997 (D.C. Law 12-26; D.C. Official Code, 
sec. 2-1215.15 et seq.): Provided, That such funds are available for 
acquiring services provided by the General Services Administration: 
Provided further, That Business Improvement Districts shall be exempt 
from taxes levied by the District of Columbia.

                       Public Safety and Justice

    Public safety and justice, $745,958,000 (including $716,715,000 
from local funds, $10,290,000 from Federal grant funds, $18,944,000 
from other funds, and $9,000 from private funds), in addition, 
$1,300,000 from funds previously appropriated in this Act under the 
heading ``Federal Payment to the Criminal Justice Coordinating 
Council'': Provided, That not to exceed $500,000 shall be available 
from this appropriation for the Chief of Police for the prevention and 
detection of crime: Provided further, That the Mayor shall reimburse 
the District of Columbia National Guard for expenses incurred in 
connection with services that are performed in emergencies by the 
National Guard in a militia status and are requested by the Mayor, in 
amounts that shall be jointly determined and certified as due and 
payable for these services by the Mayor and the Commanding General of 
the District of Columbia National Guard: Provided further, That such 
sums as may be necessary for reimbursement to the District of Columbia 
National Guard under the preceding proviso shall be available from this 
appropriation, and the availability of the sums shall be deemed as 
constituting payment in advance for emergency services involved.

                        Public Education System

                     (including transfers of funds)

    Public education system, including the development of national 
defense education programs, $1,157,841,000 (including $962,941,000 from 
local funds, $156,708,000 from Federal grant funds, $27,074,000 from 
other funds, $4,302,000 from private funds, and not to exceed 
$6,816,000, to remain available until expended, from the Medicaid and 
Special Education Reform Fund established pursuant to the Medicaid and 
Special Education Reform Fund Establishment Act of 2002 (D.C. Law 14-
190; D.C. Official Code 4-204.51 et seq.)), in addition, $17,000,000 
from funds previously appropriated in this Act under the heading 
``Federal Payment for Resident Tuition Support'' and $4,500,000 from 
funds previously appropriated in this Act under the heading ``Federal 
Payment for Public School Facilities'', to be allocated as follows:
            (1) District of columbia public schools.--$870,135,000 
        (including $738,444,000 from local funds, $114,749,000 from 
        Federal grant funds, $6,527,000 from other funds, $3,599,000 
        from private funds, and not to exceed $6,816,000, to remain 
        available until expended, from the Medicaid and Special 
        Education Reform Fund established pursuant to the Medicaid and 
        Special Education Reform Fund Establishment Act of 2002 (D.C. 
        Law 14-190; D.C. Official Code 4-204.51 et seq.)), in addition, 
        $4,500,000 from funds previously appropriated in this Act under 
        the heading ``Federal Payment for Public School Facilities'' 
        shall be available for District of Columbia Public Schools: 
        Provided, That notwithstanding any other provision of law, 
        rule, or regulation, the evaluation process and instruments for 
        evaluating District of Columbia Public School employees shall 
        be a non-negotiable item for collective bargaining purposes: 
        Provided further, That this appropriation shall not be 
        available to subsidize the education of any nonresident of the 
        District of Columbia at any District of Columbia public 
        elementary or secondary school during fiscal year 2004 unless 
        the nonresident pays tuition to the District of Columbia at a 
        rate that covers 100 percent of the costs incurred by the 
        District of Columbia that are attributable to the education of 
        the nonresident (as established by the Superintendent of the 
        District of Columbia Public Schools): Provided further, That 
        notwithstanding the amounts otherwise provided under this 
        heading or any other provision of law, there shall be 
        appropriated to the District of Columbia Public Schools on July 
        1, 2004, an amount equal to 10 percent of the total amount 
        provided for the District of Columbia Public Schools in the 
        proposed budget of the District of Columbia for fiscal year 
        2005 (as submitted to Congress), and the amount of such payment 
        shall be chargeable against the final amount provided for the 
        District of Columbia Public Schools under the District of 
        Columbia Appropriations Act, 2005: Provided further, That not 
        to exceed $2,500 for the Superintendent of Schools shall be 
        available from this appropriation for official purposes: 
        Provided further, That the District of Columbia Public Schools 
        shall submit to the Board of Education by January 1 and July 1 
        of each year a Schedule A showing all the current funded 
        positions of the District of Columbia Public Schools, their 
        compensation levels, and indicating whether the positions are 
        encumbered: Provided further, That the Board of Education shall 
        approve or disapprove each Schedule A within 30 days of its 
        submission and provide the Council of the District of Columbia 
        a copy of the Schedule A upon its approval.
            (2) State education office.--$38,752,000 (including 
        $9,959,000 from local funds, $28,617,000 from Federal grant 
        funds, and $176,000 from other funds), in addition, $17,000,000 
        from funds previously appropriated in this Act under the 
        heading ``Federal Payment for Resident Tuition Support'' shall 
        be available for the State Education Office: Provided, That of 
        the amounts provided to the State Education Office, $500,000 
        from local funds shall remain available until June 30, 2005 for 
        an audit of the student enrollment of each District of Columbia 
        Public School and of each District of Columbia public charter 
        school.
            (3) District of columbia public charter schools.--
        $137,531,000 from local funds shall be available for District 
        of Columbia a public charter schools: Provided, That there 
        shall be quarterly disbursement of funds to the District of 
        Columbia public charter schools, with the first payment to 
        occur within 15 days of the beginning of the fiscal year: 
        Provided further, That if the entirety of this allocation has 
        not been provided as payments to any public charter schools 
        currently in operation through the per pupil funding formula, 
        the funds shall be available as follows: (A) the first 
        $3,000,000 shall be deposited in the Credit Enhancement 
        Revolving Fund established pursuant to section 603(e) of the 
        Student Loan Marketing Association Reorganization Act of 1996 
        (Public Law 104-208; 110 Stat. 3009; 20 U.S.C. 1155(e)); and 
        (B) the balance shall be for public education in accordance 
        with section 2403(b)(2) of the District of Columbia School 
        Reform Act of 1995 (D.C. Official Code, sec. 38-1804.03(b)(2)): 
        Provided further, That of the amounts made available to 
        District of Columbia public charter schools, $25,000 shall be 
        made available to the Office of the Chief Financial Officer as 
        authorized by section 2403(b)(6) of the District of Columbia 
        School Reform Act of 1995 (D.C. Official Code, sec. 38-
        1804.03(b)(6)): Provided further, That $660,000 of this amount 
        shall be available to the District of Columbia Public Charter 
        School Board for administrative costs: Provided further, That 
        notwithstanding the amounts otherwise provided under this 
        heading or any other provision of law, there shall be 
        appropriated to the District of Columbia public charter schools 
        on July 1, 2004, an amount equal to 25 percent of the total 
        amount provided for payments to public charter schools in the 
        proposed budget of the District of Columbia for fiscal year 
        2005 (as submitted to Congress), and the amount of such payment 
        shall be chargeable against the final amount provided for such 
        payments under the District of Columbia Appropriations Act, 
        2005.
            (4) University of the district of columbia.--$80,660,000 
        (including $48,656,000 from local funds, $11,867,000 from 
        Federal grant funds, $19,434,000 from other funds, and $703,000 
        from private funds) shall be available for the University of 
        the District of Columbia: Provided, That this appropriation 
        shall not be available to subsidize the education of 
        nonresidents of the District of Columbia at the University of 
        the District of Columbia, unless the Board of Trustees of the 
        University of the District of Columbia adopts, for the fiscal 
        year ending September 30, 2004, a tuition rate schedule that 
        will establish the tuition rate for nonresident students at a 
        level no lower than the nonresident tuition rate charged at 
        comparable public institutions of higher education in the 
        metropolitan area: Provided further, That notwithstanding the 
        amounts otherwise provided under this heading or any other 
        provision of law, there shall be appropriated to the University 
        of the District of Columbia on July 1, 2004, an amount equal to 
        10 percent of the total amount provided for the University of 
        the District of Columbia in the proposed budget of the District 
        of Columbia for fiscal year 2005 (as submitted to Congress), 
        and the amount of such payment shall be chargeable against the 
        final amount provided for the University of the District of 
        Columbia under the District of Columbia Appropriations Act, 
        2005: Provided further, That not to exceed $2,500 for the 
        President of the University of the District of Columbia shall 
        be available from this appropriation for official purposes.
            (5) District of columbia public libraries.--$28,287,000 
        (including $26,750,000 from local funds, $1,000,000 from 
        Federal grant funds, and $537,000 from other funds) shall be 
        available for the District of Columbia Public Libraries: 
        Provided, That not to exceed $2,000 for the Public Librarian 
shall be available from this appropriation for official purposes.
            (6) Commission on the arts and humanities.--$2,476,000 
        (including $1,601,000 from local funds, $475,000 from Federal 
        grant funds, and $400,000 from other funds) shall be available 
        for the Commission on the Arts and Humanities.

                         Human Support Services

                     (including transfer of funds)

    Human support services, $2,360,067,000 (including $1,030,223,000 
from local funds, $1,247,945,000 from Federal grant funds, $24,330,000 
from other funds, $9,330,000 from private funds, and $48,239,000, to 
remain available until expended, from the Medicaid and Special 
Education Reform Fund established pursuant to the Medicaid and Special 
Education Reform Fund Establishment Act of 2002 (D.C. Act 14-403)): 
Provided, That the funds available from the Medicaid and Special 
Education Reform Fund are allocated as follows: not more than 
$18,744,000 for Child and Family Services, not more than $7,795,000 for 
the Department of Human Services, and not more than $21,700,000 for the 
Department of Mental Health: Provided further, That $27,959,000 of this 
appropriation, to remain available until expended, shall be available 
solely for District of Columbia employees' disability compensation: 
Provided further, That $7,500,000 of this appropriation, to remain 
available until expended, shall be deposited in the Addiction Recovery 
Fund, established pursuant to section 5 of the Choice in Drug Treatment 
Act of 2000 (D.C. Law 13-146; D.C. Official Code, sec. 7-3004) and used 
exclusively for the purpose of the Drug Treatment Choice Program 
established pursuant to section 4 of the Choice in Drug Treatment Act 
of 2000 (D.C. Law 13-146; D.C. Official Code, sec. 7-3003): Provided 
further, That no less than $2,000,000 of this appropriation shall be 
available exclusively for the purpose of funding the pilot substance 
abuse program for youth ages 14 through 21 years established pursuant 
to section 4212 of the Pilot Substance Abuse Program for Youth Act of 
2001 (D.C. Law 14-28; D.C. Official Code, sec. 7-3101): Provided 
further, That $4,500,000 of this appropriation, to remain available 
until expended, shall be deposited in the Interim Disability Assistance 
Fund established pursuant to section 201 of the District of Columbia 
Public Assistance Act of 1982 (D.C. Law 4-101; D.C. Official Code, sec. 
4-202.01), to be used exclusively for the Interim Disability Assistance 
program and the purposes for that program set forth in section 407 of 
the District of Columbia Public Assistance Act of 1982 (D.C. Law 13-
252; D.C. Official Code, sec. 4-204.07): Provided further, That not 
less than $640,531 of this appropriation shall be available exclusively 
for the purpose of funding the Burial Assistance Program established by 
section 1802 of the Burial Assistance Program Reestablishment Act of 
1999 (D.C. Law 13-38; D.C. Official Code, sec. 4-1001).

                              Public Works

    Public works, including rental of one passenger-carrying vehicle 
for use by the Mayor and three passenger-carrying vehicles for use by 
the Council of the District of Columbia and leasing of passenger-
carrying vehicles, $327,046,000 (including $308,028,000 from local 
funds, $5,274,000 from Federal grant funds, and $13,744,000 from other 
funds): Provided, That this appropriation shall not be available for 
collecting ashes or miscellaneous refuse from hotels and places of 
business.

                              Cash Reserve

    For the cumulative cash reserve established pursuant to section 
202(j)(2) of the District of Columbia Financial Responsibility and 
Management Assistance Act of 1995 (D.C. Official Code, sec. 47-
392.02(j)(2)), $50,000,000 from local funds.

                Emergency and Contingency Reserve Funds

    For the emergency reserve fund and the contingency reserve fund 
under section 450A of the District of Columbia Home Rule Act (D.C. 
Official Code, sec. 1-204.50a), such amounts from local funds as are 
necessary to meet the balance requirements for such funds under such 
section.

                    Repayment of Loans and Interest

    For payment of principal, interest, and certain fees directly 
resulting from borrowing by the District of Columbia to fund District 
of Columbia capital projects as authorized by sections 462, 475, and 
490 of the District of Columbia Home Rule Act (D.C. Official Code, 
secs. 1-204.62, 1-204.75, and 1-204.90), $311,504,000 from local funds: 
Provided, That for equipment leases, the Mayor may finance $14,300,000 
of equipment cost, plus cost of issuance not to exceed 2 percent of the 
par amount being financed on a lease purchase basis with a maturity not 
to exceed 5 years.

              Payment of Interest on Short-Term Borrowing

    For payment of interest on short-term borrowing, $3,000,000 from 
local funds.

                     Certificates of Participation

    For principal and interest payments on the District's Certificates 
of Participation, issued to finance the ground lease underlying the 
building located at One Judiciary Square, $4,911,000 from local funds.

                       Settlements and Judgments

    For making refunds and for the payment of legal settlements or 
judgments that have been entered against the District of Columbia 
government, $22,522,000 from local funds: Provided, That this 
appropriation shall not be construed as modifying or affecting the 
provisions of section 103 of this Act.

                            Wilson Building

    For expenses associated with the John A. Wilson building, 
$3,704,000 from local funds.

                         Workforce Investments

    For workforce investments, $22,308,000 from local funds, to be 
transferred by the Mayor of the District of Columbia within the various 
appropriation headings in this Act for which employees are properly 
payable.

                        Non-Departmental Agency

    To account for anticipated costs that cannot be allocated to 
specific agencies during the development of the proposed budget, 
$19,639,000 (including $11,455,000 from local funds and $8,184,000 from 
other funds): Provided, That anticipated employee health insurance cost 
increases and contract security costs, $5,799,000 from local funds.

                         Pay-As-You-Go Capital

    For Pay-As-You-Go Capital funds in lieu of capital financing, 
$11,267,000 from local funds, to be transferred to the Capital Fund, 
subject to the Criteria for Spending Pay-as-You-Go Funding Amendment 
Act of 2003, approved by the Council of the District of Columbia on 1st 
reading, May 6, 2003 (title 25 of Bill 15-218): Provided, That pursuant 
to this Act, there are authorized to be transferred from Pay-As-You-Go 
Capital funds to other headings of this Act, such sums as may be 
necessary to carry out the purposes of this Act.

                    Tax Increment Financing Program

    For a Tax Increment Financing Program, $1,940,000 from local funds.

                         Medicaid Disallowance

    For making refunds associated with disallowed Medicaid funding, an 
amount not to exceed $57,000,000 in local funds, to remain available 
until expended: Provided, That funds are derived from a transfer from 
the funds identified in the fiscal year 2002 comprehensive annual 
financial report as the District of Columbia's Grants Disallowance 
balance.

                 Emergency Planning and Security Costs

    From funds previously appropriated in this Act under the heading 
``Federal Payment for Emergency Planning and Security Costs in the 
District of Columbia'', $15,000,000.

                            Family Literacy

    From funds previously appropriated in this Act under the heading 
``Federal Payment for the Family Literacy Program'', $2,000,000.

                          Scholarship Program

    From funds previously appropriated in this Act under the heading 
``Federal Payment for a District of Columbia Scholarship Program'', 
$10,000,000.

                       ENTERPRISE AND OTHER FUNDS

                       Water and Sewer Authority

    For operation of the Water and Sewer Authority, $259,095,000 from 
other funds, of which $18,692,000 shall be apportioned for repayment of 
loans and interest incurred for capital improvement projects and 
payable to the District's debt service fund.
    For construction projects, $199,807,000, to be distributed as 
follows: $99,449,000 for the Blue Plains Wastewater Treatment Plant, 
$16,739,000 for the sewer program, $42,047,000 for the combined sewer 
program, $5,993,000 for the stormwater program, $24,431,000 for the 
water program, and $11,148,000 for the capital equipment program; in 
addition, $35,000,000 from funds previously appropriated in this Act 
under the heading ``Federal Payment to the District of Columbia Water 
and Sewer Authority'': Provided, That the requirements and restrictions 
that are applicable to general fund capital improvement projects and 
set forth in this Act under the Capital Outlay appropriation account 
shall apply to projects approved under this appropriation account.

                          Washington Aqueduct

    For operation of the Washington Aqueduct, $55,553,000 from other 
funds.

              Stormwater Permit Compliance Enterprise Fund

     For operation of the Stormwater Permit Compliance Enterprise Fund, 
$3,501,000 from other funds.

              Lottery and Charitable Games Enterprise Fund

    For the Lottery and Charitable Games Enterprise Fund, established 
by the District of Columbia Appropriation Act, 1982, for the purpose of 
implementing the Law to Legalize Lotteries, Daily Numbers Games, and 
Bingo and Raffles for Charitable Purposes in the District of Columbia 
(D.C. Law 3-172; D.C. Official Code, sec. 3-1301 et seq. and sec. 22-
1716 et seq.), $242,755,000 from other funds: Provided, That the 
District of Columbia shall identify the source of funding for this 
appropriation title from the District's own locally generated revenues: 
Provided further, That no revenues from Federal sources shall be used 
to support the operations or activities of the Lottery and Charitable 
Games Control Board.

                  Sports and Entertainment Commission

    For the Sports and Entertainment Commission, $13,979,000 from local 
funds.

                 District of Columbia Retirement Board

    For the District of Columbia Retirement Board, established pursuant 
to section 121 of the District of Columbia Retirement Reform Act of 
1979 (D.C. Official Code, sec. 1-711), $13,895,000 from the earnings of 
the applicable retirement funds to pay legal, management, investment, 
and other fees and administrative expenses of the District of Columbia 
Retirement Board: Provided, That the District of Columbia Retirement 
Board shall provide to the Congress and to the Council of the District 
of Columbia a quarterly report of the allocations of charges by fund 
and of expenditures of all funds: Provided further, That the District 
of Columbia Retirement Board shall provide the Mayor, for transmittal 
to the Council of the District of Columbia, an itemized accounting of 
the planned use of appropriated funds in time for each annual budget 
submission and the actual use of such funds in time for each annual 
audited financial report.

              Washington Convention Center Enterprise Fund

    For the Washington Convention Center Enterprise Fund, $69,742,000 
from other funds.

              National Capital Revitalization Corporation

    For the National Capital Revitalization Corporation, $7,849,000 
from other funds.

                             Capital Outlay

                        (including rescissions)

    For construction projects, an increase of $1,004,796,000, of which 
$601,708,000 shall be from local funds, $46,014,000 from Highway Trust 
funds, $38,311,000 from the Rights-of-way funds, $218,880,000 from 
Federal grant funds, and a rescission of $99,884,000 from local funds 
appropriated under this heading in prior fiscal years, for a net amount 
of $904,913,000, to remain available until expended; in addition, 
$8,000,000 from funds previously appropriated in this Act under the 
heading ``Federal Payment for Capital Development in the District of 
Columbia'' and $4,300,000 from funds previously appropriated in this 
Act under the heading ``Federal Payment for the Anacostia Waterfront 
Initiative'': Provided, That funds for use of each capital project 
implementing agency shall be managed and controlled in accordance with 
all procedures and limitations established under the Financial 
Management System: Provided further, That all funds provided by this 
appropriation title shall be available only for the specific projects 
and purposes intended.

                     TITLE III--GENERAL PROVISIONS

    Sec. 101. Whenever in this Act, an amount is specified within an 
appropriation for a particular purposes or objects of expenditure, such 
amount, unless otherwise specified, shall be considered as the maximum 
amount that may be expended for said purpose or object rather than an 
amount set apart exclusively therefor.
    Sec. 102. Appropriations in this act shall be available for 
expenses of travel and for the payment of dues of organizations 
concerned with the work of the District of Columbia government, when 
authorized by the Mayor: Provided, That in the case of the Council of 
the District of Columbia, funds may be expended with the authorization 
of the Chairman of the Council.
    Sec. 103. There are appropriated from the applicable funds of the 
District of Columbia such sums as may be necessary for making refunds 
and for the payment of legal settlements or judgments that have entered 
against the District of Columbia government: Provided, That nothing 
contained in this section shall be construed as modifying or affecting 
the provisions of section 11(c)(3) of title XII of the District of 
Columbia Income and Franchise Tax Act of 1947 (D.C. Official Code, sec. 
47-1812.11(c)(3)).
    Sec. 104. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly to provided herein.
    Sec. 105. No funds appropriated in this Act for the District of 
Columbia government for the operation of educational institutions, the 
compensation of personnel, or for other educational purposes may be 
used to permit, encourage, facilitate, or further partisan political 
activities. Nothing herein is intended to prohibit the availability of 
school buildings for the use of any community or partisan political 
group during non-school hours.
    Sec. 106. None of the funds appropriated in this Act shall be made 
available to pay the salary of any employee of the District of Columbia 
government whose name, title, grade, and salary are not available for 
inspection by the Committees on Appropriations of the House of 
Representatives and Senate, the Committee on Government Reform of the 
House of Representatives, the Committee on Governmental Affairs of the 
Senate, and the Council of the District of Columbia, or their duty 
authorized representative.
    Sec. 107. (a) Except as provided in subsection (b), no part of this 
appropriation shall be used for publicity or propaganda purposes or 
implementation of any policy including boycott designed to support or 
defeat legislation pending before Congress or any State legislature.
    (b) The District of Columbia may use local funds provided in this 
Act to carry out lobbying activities on any matter other than--
            (1) the promotion or support of any boycott; or
            (2) statehood for the District of Columbia or voting 
        representation in Congress for the District of Columbia.
    (c) Nothing in this section may be construed to prohibit any 
elected official from advocating with respect to any of the issues 
referred to in subsection (b).
    Sec. 108. (a) None of the funds provided under this Act to the 
agencies funded by this Act, both Federal and District government 
agencies, that remain available for obligation or expenditure in fiscal 
year 2004, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditures 
for an agency through a reprogramming of funds which--
            (1) creates new programs;
            (2) eliminates a program, project, or responsibility 
        center;
            (3) establishes or changes allocations specifically denied, 
        limited or increased under this Act;
            (4) increases funds or personnel by any means for any 
        program, project, or responsibility center for which funds have 
        been denied or restricted;
            (5) reestablishes any program or project previously 
        deferred through reprogramming;
            (6) augments any existing program, project, or 
        responsibility center through a reprogramming of funds in 
        excess of $1,000,000 or 10 percent, whichever is less; or
            (7) increases by 20 percent or more personnel assigned to a 
        specific program, project or responsibility center,
unless the Committee on Appropriations of the House of Representatives 
and Senate are notified in writing 30 days in advance of the 
reprogramming.
    (b) None the local funds contained in this Act may be available for 
obligation or expenditure for an agency through a transfer of any local 
funds from one appropriation heading to another unless the Committees 
on Appropriations of the House of Representatives and Senate are 
notified in writing 30 days in advance of the transfer, except that in 
no event may the amount of any funds transferred exceed 4 percent of 
the local funds in the appropriations.
    Sec. 109. Consistent with the provisions of section 1301(a) of 
title 31, United States Code, appropriations under this Act shall be 
applied only to the objects for which the appropriations were made 
except as otherwise provided by law.
    Sec. 110. Notwithstanding any other provisions of law, the 
provisions of the District of Columbia Government Comprehensive Merit 
Personnel Act of 1978 (D.C. Law 2-139; D.C. Official Code, sec. 1-
601.01 et seq.), enacted pursuant to section 422(3) of the District of 
Columbia Home Rule Act (D.C. Official Code, sec. 1-204l.22(3)), shall 
apply with respect to the compensation of District of Columbia 
employees: Provided, That for pay purposes, employees of the 
District of Columbia government shall not be subject to the provisions 
of title 5, United States Code.
    Sec. 111. No later than 30 days after the end of the first quarter 
of fiscal year 2004, the Mayor of the District of Columbia shall submit 
to the Council of the District of Columbia and the Committees on 
Appropriations of the House of Representatives and Senate the new 
fiscal year 2004 revenue estimates as of the end of such quarter. These 
estimates shall be used in the budget request for fiscal year 2005. The 
officially revised estimates at midyear shall be used for the midyear 
report.
    Sec. 112. No sole source contract with the District of Columbia 
government or any agency thereof may be renewed or extended without 
opening that contract to the competitive bidding process as set forth 
in section 303 of the District of Columbia Procurement Practices Act of 
1985 (D.C. Law 6-85; D.C. Official Code, sec. 2-303.03), except that 
the District of Columbia government or any agency thereof may renew or 
extend sole source contracts for which competition is not feasible or 
practical, but only if the determination as to whether to invoke the 
competitive bidding process has been made in accordance with duly 
promulgated rules and procedures and has been reviewed and certified by 
the Chief Financial Officer of the District of Columbia.
    Sec. 113. (a) In the event a sequestration order is issued pursuant 
to the Balanced Budget and Emergency Deficit Control Act of 1985 after 
the amounts appropriated to the District of Columbia for the fiscal 
year involved have been paid to the District of Columbia, the Mayor of 
the District of Columbia shall pay to the Secretary of the Treasury, 
within 15 days after receipt of a request therefor from the Secretary 
of the Treasury, such amounts as are sequestered by the order: 
Provided, That the sequestration percentage specified in the order 
shall be applied proportionately to each of the Federal appropriation 
accounts in this Act that are not specifically exempted from 
sequestration by such Act.
    (b) For purposes of the Balanced Budget and Emergency Deficit 
Control Act of 1985, the term ``program, project, and activity'' shall 
be synonymous with and refer specifically to each account appropriating 
Federal funds in this Act, and any sequestration order shall be applied 
to each of the accounts rather than to the aggregate total of those 
accounts: Provided, That sequestration orders shall not be applied to 
any account that is specifically exempted from sequestration by the 
Balanced Budget and Emergency Deficit Control Act of 1985.
    Sec. 114. None of the Federal funds provided in this Act may be 
used by the District of Columbia to provide for salaries, expenses, or 
other costs associated with the offices of United States Senator or 
United States Representative under section 4(d) of the District of 
Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C. 
Law 3-171; D.C. Official Code, sec. 1-123).
    Sec. 115. None of the funds appropriated under this Act shall be 
expended for any abortion except where the life of the mother would be 
endangered if the fetus were carried to term or where the pregnancy is 
the result of an act of rape or incest.
    Sec. 116. None of the Federal funds made available in this Act may 
be used to implement or enforce the Health Care Benefits Expansion Act 
of 1992 (D.C. Law 9-114; D.C. Official Code, sec. 32-701 et seq.) or to 
otherwise implement or enforce any system of registration of unmarried, 
cohabiting couples, including but not limited to registration for the 
purpose of extending employment, health, or governmental benefits to 
such couples on the same basis that such benefits are extended to 
legally married couples.
    Sec. 117. (a) Notwithstanding any other provision of this Act, the 
Mayor, in consultation with the Chief Financial Officer of the District 
of Columbia may accept, obligate, and expend Federal, private, and 
other grants received by the District government that are not reflected 
in the amounts appropriated in this Act.
    (b)(1) No such Federal, private, or other grant may be accepted, 
obligated, or expended pursuant to subsection (a) until--
            (A) the Chief Financial Officer of the District of Columbia 
        submits to the Council a report setting forth detailed 
        information regarding such grant; and
            (B) the Council has reviewed and approved the acceptance, 
        obligation, and expenditure of such grant.
    (2) For purposes of paragraph (1)(B), the Council shall be deemed 
to have reviewed and approved the acceptance, obligation, and 
expenditure of a grant if--
            (A) no written notice of disapproval is filed with the 
        Secretary of the Council within 14 calendar days of the receipt 
        of the report from the Chief Financial Officer under paragraph 
        (1)(A); or
            (B) if such a notice of disapproval is filed within such 
        deadline, the Council does not by resolution disapprove the 
        acceptance, obligation, or expenditure of the grant within 30 
        calendar days of the initial receipt of the report from the 
        Chief Financial Officer under paragraph (1)(A).
    (c) No amount may be obligated or expended from the general fund or 
other funds of the District of Columbia government in anticipation of 
the approval or receipt of a grant under subsection (b)(2) or in 
anticipation of the approval or receipt of a Federal, private, or other 
grant not subject to such subsection.
    (d) The Chief Financial Officer of the District of Columbia shall 
prepare a quarterly report setting forth detailed information regarding 
all Federal, private, and other grants subject to this section. Each 
such report shall be submitted to the Council of the District of 
Columbia and to the Committees on Appropriations of the House of 
Representatives and Senate not later than 15 days after the end of the 
quarter covered by the report.
    Sec. 118. (a) Except as otherwise provided in this section, none of 
the funds made available by this Act or by any other Act may be used to 
provide any officer or employee of the District of Columbia with an 
official vehicle unless the officer or employee uses the vehicle only 
in the performance of the officer's or employee's official duties. For 
purposes of this paragraph, the term ``official duties'' does not 
include travel between the officer's or employee's residence and 
workplace, except in the case of--
            (1) an officer or employee of the Metropolitan Police 
        Department who resides in the District of Columbia or is 
        otherwise designated by the Chief of the Department;
            (2) at the discretion of the Fire Chief, an officer or 
        employee of the District of Columbia Fire and Emergency Medical 
        Services Department who resides in the District of Columbia and 
        is on call 24 hours a day;
            (3) the Mayor of the District of Columbia; and
            (4) the Chairman of the Council of the District of 
        Columbia.
    (b) The Chief Financial Officer of the District of Columbia shall 
submit by March 1, 2004, an inventory, as of September 30, 2003, of all 
vehicles owned, leased or operated by the District of Columbia 
government. The inventory shall include, but not be limited to, the 
department to which the vehicle is assigned; the year and make of the 
vehicle; the acquisition date and cost; the general condition of the 
vehicle; annual operating and maintenance costs; current mileage; and 
whether the vehicle is allowed to be taken home by a District officer 
or employee and if so, the officer or employee's title and resident 
location.
    Sec. 119. None of the funds contained in this Act may be used for 
purposes of the annual independent audit of the District of Columbia 
government for fiscal year 2004 unless--
            (1) the audit is conducted by the Inspector General of the 
        District of Columbia, in coordination with the Chief Financial 
        Officer of the District of Columbia, pursuant to section 
        208(a)(4) of the District of Columbia Procurement Practices Act 
        of 1985 (D.C. Official Code, sec. 2-302.8); and
            (2) the audit includes as a basic financial statement a 
        comparison of audited actual year-end results with the revenues 
        submitted in the budget document for such year and the 
        appropriations enacted into law for such year using the format, 
        terminology, and classifications contained in the law making 
        the appropriations for the year and its legislative history.
    Sec. 120. (a) None of the funds contained in this Act may be used 
by the District of Columbia Corporation Counsel or any other officer or 
entity of the District government to provide assistance for any 
petition drive or civil action which seeks to require Congress to 
provide for voting representation in Congress for the District of 
Columbia.
    (b) Nothing in this section bars the District of Columbia 
Corporation Counsel from reviewing or commenting on briefs in private 
lawsuits, or from consulting with officials of the District government 
regarding such lawsuits.
    Sec. 121. (a) None of the funds contained in this Act may be used 
for any program of distributing sterile needles or syringes for the 
hypodermic injection of any illegal drug.
    (b) Any individual or entity who receives any funds contained in 
this Act and who carries out any program described in subsection (a) 
shall account for all funds used for such program separately from any 
funds contained in this Act.
    Sec. 122. None of the funds contained in this Act may be used after 
the expiration of the 60-day period that begins on the date of the 
enactment of this Act to pay the salary of any chief financial officer 
of any office of the District of Columbia government (including any 
independent agency of the District of Columbia) who has not filed a 
certification with the Mayor and the Chief Financial Officer of the 
District of Columbia that the officer understands the duties and 
restrictions applicable to the officer and the officer's agency as a 
result of this Act (and the amendments made by this Act), including any 
duty to prepare a report requested either in the Act or in any of the 
reports accompanying the Act and the deadline by which each report must 
be submitted. The Chief Financial Officer of the District of Columbia 
shall provide to the Committees on Appropriations of the House of 
Representatives and Senate by the 10th day after the end of each 
quarter a summary list showing each report, the due date, and the date 
submitted to the Committees.
    Sec. 123. (a) None of the funds contained in this Act may be used 
to enact or carry out any law, rule, or regulation to legalize or 
otherwise reduce penalties associated with the possession, use, or 
distribution of any schedule I substance under the Controlled 
Substances Act (21 U.S.C. 802) or any tetrahydrocannabinols derivative.
    (b) The Legalization of Marijuana for Medical Treatment Initiative 
of 1998, also known as Initiative 59, approved by the electors of the 
District of Columbia on November 3, 1998, shall not take effect.
    Sec. 124. Nothing in this Act may be construed to prevent the 
Council or Mayor of the District of Columbia from addressing the issue 
of the provision of contraceptive coverage by health insurance plans, 
but it is the intent of Congress that any legislation enacted on such 
issue should include a ``conscience clause'' which provides exceptions 
for religious beliefs and moral convictions.
    Sec. 125. The Mayor of the District of Columbia shall submit to the 
Committees on Appropriations of the House of Representatives and 
Senate, the Committee on Government Reform of the House of 
Representatives, and the Committee on Governmental Affairs of the 
Senate quarterly reports addressing--
            (1) crime, including the homicide rate, implementation of 
        community policing, the number of police officers on local 
        beats, and the closing down of open-air drug markets;
            (2) access to substance and alcohol abuse treatment, 
        including the number of treatment slots, the number of people 
        served, the number of people on waiting lists, and the 
        effectiveness of treatment programs;
            (3) management of parolees and pre-trial violent offenders, 
        including the number of halfway houses escapes and steps taken 
        to improve monitoring and supervision of halfway house 
        residents to reduce the number of escapes to be provided in 
        consultation with the Court Services and Offender Supervision 
        Agency for the District of Columbia;
            (4) education, including access to special education 
        services and student achievement to be provided in consultation 
        with the District of Columbia Public Schools and the District 
        of Columbia public charter schools;
            (5) improvement in basic District services, including rat 
        control and abatement;
            (6) application for and management of Federal grants, 
        including the number and type of grants for which the District 
        was eligible but failed to apply and the number and type of 
        grants awarded to the District but for which the District 
        failed to spend the amounts received; and
            (7) indicators of child well-being.
    Sec. 126. No later than 30 calendar days after the date of the 
enactment of this Act, the Chief Financial Officer of the District of 
Columbia shall submit to the appropriate committees of Congress, the 
Mayor, and the Council of the District of Columbia a revised 
appropriated funds operating budget in the format of the budget that 
the District of Columbia government submitted pursuant to section 442 
of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42), for all agencies of the District of Columbia government for 
fiscal year 2003 that is in the total amount of the approved 
appropriation and that realigns all budgeted data for personal services 
and other-than-personal-services, respectively, with anticipated actual 
expenditures.
    Sec. 127. None of the funds contained in this Act may be used to 
issue, administer, or enforce any order by the District of Columbia 
Commission on Human Rights relating to docket numbers 93-030-(PA) and 
93-031-(PA).
    Sec. 128. None of the Federal funds made available in this Act may 
be transferred to any department, agency, or instrumentality of the 
United States Government, except pursuant to a transfer made by, or 
transfer authority provided in, this Act or any other appropriation 
Act.
    Sec. 129. During fiscal year 2004 and any subsequent fiscal year, 
in addition to any other authority to pay claims and judgments, any 
department, agency, or instrumentality of the District government may 
use local funds to pay the settlement or judgment of a claim or lawsuit 
in an amount less than $10,000, in accordance with the Risk Management 
for Settlements and Judgments Amendment Act of 2000 (D.C. Law 13-172; 
D.C. Official Code, sec. 2-402).
    Sec. 130. Notwithstanding any other law, the District of Columbia 
Courts shall transfer to the general treasury of the District of 
Columbia all fines levied and collected by the Courts under section 
10(b)(1) and (2) of the District of Columbia Traffic Act (D.C. Official 
Code, sec. 50-2201.05(b)(1) and (2)). The transferred funds shall 
remain available until expended and shall be used by the Office of the 
Corporation Counsel for enforcement and prosecution of District traffic 
alcohol laws in accordance with section 10(b)(3) of the District of 
Columbia Traffic Act (D.C. Official Code, sec. 50-2201.05(b)(3)).
    Sec. 131. During fiscal year 2004 and any subsequent fiscal year, 
any agency of the District government may transfer to the Office of 
Labor Relations and Collective Bargaining (OLRCB) such local funds as 
may be necessary to pay for representation by OLRCB in third-party 
cases, grievances, and dispute resolution, pursuant to an intra-
District agreement with OLRCB. These amounts shall be available for use 
by OLRCB to reimburse the cost of providing the representation.
    Sec. 132. (a) None of the funds contained in this Act may be made 
available to pay--
            (1) the fees of an attorney who represents a party in an 
        action or an attorney who defends an action, including an 
        administrative proceeding, brought against the District of 
        Columbia Public Schools under the Individuals with Disabilities 
        Education Act (20 U.S.C. 1400 et seq.) in excess of $4,000 for 
        that action; or
            (2) the fees of an attorney or firm whom the Chief 
        Financial Officer of the District of Columbia determines to 
        have a pecuniary interest, either through an attorney, officer 
        or employee of the firm, in any special education diagnostic 
        services, schools, or other special education service 
        providers.
    (b)(1) The District of Columbia Public Schools shall increase the 
amount of local funds it allocates for services to children under the 
Individuals With Disabilities Education Act during fiscal year 2004 by 
the amount of savings resulting during the year from the restrictions 
on the payment of attorney fees under subsection (a), as estimated and 
published by the Chief Financial Officer.
    (2) The Chief Financial Officer shall make estimates of the savings 
described in paragraph (1) on a quarterly basis during fiscal year 
2004, and shall publish the estimates not later than 10 days after the 
end of each quarter.
    Sec. 133. The Chief Financial Officer of the District of Columbia 
shall require attorneys in special education cases brought under the 
Individuals with Disabilities Act (IDEA) in the District of Columbia to 
certify in writing that the attorney or representative rendered any and 
all services for which they receive awards, including those received 
under a settlement agreement or as part of an administrative 
proceeding, under the IDEA from the District of Columbia: Provided, 
That as part of the certification, the Chief Financial Officer of the 
District of Columbia shall require all attorneys in IDEA cases to 
disclose any financial, corporate, legal, memberships on boards of 
directors, or other relationships with any special education diagnostic 
services, schools, or other special education service providers to 
which the attorneys have referred any clients as part of this 
certification: Provided further, That the Chief Financial Officer shall 
prepare and submit quarterly reports to the Committees on 
Appropriations of the Senate and the House of Representatives on the 
certification of and the amount paid by the government of the District 
of Columbia, including the District of Columbia Public Schools, to 
attorneys in cases brought under IDEA: Provided further, That the 
Inspector General of the District of Columbia may conduct 
investigations to determine the accuracy of the certifications.
    Sec. 134. None of the funds contained in this Act may be used to 
fund or otherwise support the action of District of Columbia, et al., 
v. Beretta U.S.A. et al. (Nos. 03-CV-24, 03-CV-38, District of Columbia 
Court of Appeals).

                      TITLE IV--DC PARENTAL CHOICE

SEC. 401. SHORT TITLE.

    This title may be cited as the ``DC Parental Choice Incentive Act 
of 2003''.

SEC. 402. FINDINGS.

    The Congress finds the following:
            (1) Parents are best equipped to make decisions for their 
        children, including the educational setting that will best 
        serve the interests and educational needs of their child.
            (2) For many parents in the District of Columbia, public 
        school choice provided for under the No Child Left Behind Act 
        of 2001 is inadequate due to capacity constraints within the 
        public schools. Therefore, in keeping with the spirit of the No 
        Child Left Behind Act of 2001, school choice options, in 
        addition to those already available to parents in the District 
        of Columbia (such as magnet and charter schools and open 
        enrollment schools) should be made available to those parents.
            (3) In the most recent mathematics assessment on the 
        National Assessment of Educational Progress (NAEP), 
        administered in 2000, a lower percentage of 4th-grade students 
        in DC demonstrated proficiency than was the case for any State. 
        Seventy-six percent of DC fourth-graders scored at the ``below 
        basic'' level and of the 8th-grade students in the District of 
        Columbia, only 6 percent of the students tested at the 
        proficient or advanced levels, and 77 percent were below basic. 
        In the most recent NAEP reading assessment, in 1998, only 10 
        percent of DC fourth-graders could read proficiently, while 72 
        percent were below basic. At the 8th-grade level, 12 percent 
        were proficient or advanced and 56 percent were below basic.
            (4) A program enacted for the valid secular purpose of 
        providing educational assistance to low-income children in a 
        demonstrably failing public school system is constitutional 
        under Zelman v. Simmons-Harris if it is neutral with respect to 
        religion and provides assistance to a broad class of citizens 
        who direct government aid to schools solely as a result of 
        their independent private choices.

SEC. 403. PURPOSE.

    The purpose of this title is to provide low-income parents residing 
in the District of Columbia, particularly parents of students who 
attend elementary or secondary schools identified for improvement, 
corrective action, or restructuring under section 1116 of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316), with 
expanded opportunities for enrolling their children in higher-
performing schools in the District of Columbia.

SEC. 404. GENERAL AUTHORITY.

    (a) Authority.--From funds appropriated to carry out this title, 
the Secretary shall award grants on a competitive basis to eligible 
entities with approved applications under section 405 to carry out 
activities to provide eligible students with expanded school choice 
opportunities. The Secretary may award a single grant or multiple 
grants, depending on the quality of applications submitted and the 
priorities of this title.
    (b) Duration of Grants.--The Secretary may make grants under this 
section for a period of not more than 5 years.

SEC. 405. APPLICATIONS.

    (a) In General.--In order to receive a grant under this title, an 
eligible entity shall submit an application to the Secretary at such 
time, in such manner, and accompanied by such information as the 
Secretary may require.
    (b) Contents.--The Secretary may not approve the request of an 
eligible entity for a grant under this title unless the entity's 
application includes--
            (1) a detailed description of--
                    (A) how the entity will address the priorities 
                described in section 406;
                    (B) how the entity will ensure that if more 
                eligible students seek admission in the program than 
                the program can accommodate, eligible students are 
                selected for admission through a random selection 
                process which gives weight to the priorities described 
                in section 406;
                    (C) how the entity will ensure that if more 
                participating eligible students seek admission to a 
                participating school than the school can accommodate, 
                participating eligible students are selected for 
                admission through a random selection process;
                    (D) how the entity will notify parents of eligible 
                students of the expanded choice opportunities;
                    (E) the activities that the entity will carry out 
                to provide parents of eligible students with expanded 
                choice opportunities through the awarding of 
                scholarships under section 407(a);
                    (F) how the entity will determine the amount that 
                will be provided to parents for the tuition, fees, and 
                transportation expenses, if any;
                    (G) how the entity will seek out private elementary 
                and secondary schools in the District of Columbia to 
                participate in the program, and will ensure that 
                participating schools will meet the applicable 
                requirements of this title and provide the information 
                needed for the entity to meet the reporting 
                requirements of this title;
                    (H) how the entity will ensure that participating 
                schools are financially responsible;
                    (I) how the entity will address the renewal of 
                scholarships to participating eligible students, 
                including continued eligibility; and
                    (J) how the entity will ensure that a majority of 
                its voting board members or governing organization are 
                residents of the District of Columbia; and
            (2) an assurance that the entity will comply with all 
        requests regarding any evaluation carried out under section 
        409.

SEC. 406. PRIORITIES.

    In awarding grants under this title, the Secretary shall give 
priority to applications from eligible entities who will most 
effectively--
            (1) give priority to eligible students who, in the school 
        year preceding the school year for which the eligible student 
        is seeking a scholarship, attended an elementary or secondary 
        school identified for improvement, corrective action, or 
        restructuring under section 1116 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6316);
            (2) target resources to students and families that lack the 
        financial resources to take advantage of available educational 
        options;
            (3) provide students and families with the widest range of 
        educational options; and
            (4) serve students of varying ages and grade levels.

SEC. 407. USE OF FUNDS.

    (a) Scholarships.--
            (1) In general.--Subject to paragraph (2) and (3), a 
        grantee shall use the grant funds to provide eligible students 
        with scholarships to pay the tuition, fees, and transportation 
        expenses, if any, to enable them to attend the District of 
        Columbia private elementary or secondary school of their 
        choice. Each grantee shall ensure that the amount of any 
        tuition or fees charged by a school participating in the 
        grantee's program under this title to an eligible student 
        participating in the program does not exceed the amount of 
        tuition or fees that the school customarily charges to students 
        who do not participate in the program.
            (2) Payments to parents.--A grantee shall make scholarship 
        payments under the program under this title to the parent of 
        the eligible student participating in the program, in a manner 
        which ensures that such payments will be used for the payment 
        of tuition, fees, and transportation expenses (if any), in 
        accordance with this title.
            (3) Amount of assistance.--
                    (A) Varying amounts permitted.--Subject to the 
                other requirements of this section, a grantee may award 
                scholarships in larger amounts to those eligible 
                students with the greatest need.
                    (B) Annual limit on amount.--The amount of 
                assistance provided to any eligible student by a 
                grantee under a program under this title may not exceed 
                $7,500 for any academic year.
    (b) Administrative Expenses.--A grantee may use not more than 3 
percent of the amount provided under the grant each year for the 
administrative expenses of carrying out its program under this title 
during the year, including--
            (1) determining the eligibility of students to participate;
            (2) providing information about the program and the schools 
        involved to parents of eligible students;
            (3) selecting students to receive scholarships;
            (4) determining the amount of scholarships and issuing them 
        to eligible students;
            (5) compiling and maintaining financial and programmatic 
        records; and
            (6) providing funds to assist parents in meeting expenses 
        that might otherwise preclude the participation of their child 
        in the program.

SEC. 408. NONDISCRIMINATION.

    (a) In General.--A school participating in any program under this 
title shall not discriminate on the basis of race, color, national 
origin, or sex in participating in the program.
    (b) Applicability and Construction With Respect to Discrimination 
on the Basis of Sex.--
            (1) Applicability.--Notwithstanding subsection (a) or any 
        other provision of law, it shall not be considered 
        discrimination on the basis of sex for a school that is 
        operated by, supervised by, controlled by, or connected to a 
        religious organization to take sex into account to the extent 
        that failing to do so would be inconsistent with the religious 
        tenets or beliefs of the school.
            (2) Single-sex schools, classes, or activities.--
        Notwithstanding subsection (a) or any other provision of law, a 
        parent may choose and a school may offer a single-sex school, 
        class, or activity.
            (3) Construction.--With respect to discrimination on the 
        basis of sex, nothing in subsection (a) shall be construed to 
        require any person or public or private entity to provide or 
        pay, or to prohibit any such person or entity from providing or 
        paying, for any benefit or service, including the use of 
        facilities, related to an abortion. Nothing in the preceding 
        sentence shall be construed to permit a penalty to be imposed 
        on any person or individual because such person or individual 
        is seeking or has received any benefit or services related to a 
        legal abortion.
    (c) Children With Disabilities.--Nothing in this title may be 
construed to alter or modify the provisions of the Individuals with 
Disabilities Education Act.
    (d) Religiously Affiliated Schools.--
            (1) In general.--Notwithstanding any other provision of 
        law, a school participating in any program under this title 
        which is operated by, supervised by, controlled by, or 
        connected to, a religious organization may employ persons of 
        the same religion to the extent determined by that school to 
        promote the religious purpose for which the school is 
        established or maintained.
            (2) Religious purposes.--Notwithstanding any other 
        provision of law, funds made available under this title may be 
        used for religious educational purposes, and no participating 
        school shall be required to remove religious art, icons, 
        scriptures, or other symbols. A participating school may retain 
        religious terms in its name, select its board members on a 
        religious basis, and include religious references in its 
        mission statements and other chartering or governing documents.
    (e) Rule of Construction.--A scholarship (or any other form of 
support provided to parents of eligible students) under this title 
shall be considered assistance to the student and shall not be 
considered assistance to the school that enrolls the eligible student. 
The amount of any scholarship (or other form of support provided to 
parents of an eligible student) under this title shall not be treated 
as income of the parents for purposes of Federal tax laws or for 
determining eligibility for any other Federal program.

SEC. 409. EVALUATIONS.

    (a) In General.--
            (1) Duties of secretary.--The Secretary shall--
                    (A) conduct an evaluation using the strongest 
                possible research design for determining the 
                effectiveness of the programs funded under this title 
                that addresses the issues described in paragraph (2); 
                and
                    (B) disseminate information on the impact of the 
                programs in increasing the student academic achievement 
                of participating students, as well as other appropriate 
                measures of student success, and on the impact of the 
                programs on students and schools in the District of 
                Columbia.
            (2) Issues to be evaluated.--The issues described in this 
        paragraph include the following:
                    (A) A comparison of the academic achievement of 
                students who participate in the programs funded under 
                this title with the academic achievement of students of 
                similar backgrounds who do not participate in such 
                programs.
                    (B) The success of the programs in expanding choice 
                options for parents.
                    (C) The reasons parents choose for their children 
                to participate in the programs.
                    (D) A comparison of the retention rates, dropout 
                rates, and (if appropriate) graduation and college 
                admission rates of students who participate in the 
                programs funded under this title with the retention 
                rates, dropout rates, and (if appropriate) graduation 
                and college admission rates of students of similar 
                backgrounds who do not participate in such programs.
                    (E) The impact of the program on students and 
                public elementary and secondary schools in the District 
                of Columbia.
                    (F) A comparison of the safety of the schools 
                attended by students who participate in the programs 
                and the schools attended by students who do not 
                participate in the programs.
                    (G) Such other issues as the Secretary considers 
                appropriate for inclusion in the evaluation.
    (b) Reports.--The Secretary shall submit to the Committees on 
Appropriations, Education and the Workforce, and Government Reform of 
the House of Representatives and the Committees on Appropriations, 
Health, Education, Labor, and Pensions, and Governmental Affairs of the 
Senate--
            (1) annual interim reports not later than December 1 of 
        each year for which a grant is made under this title on the 
        progress and preliminary results of the evaluation of the 
        programs funded under this title; and
            (2) a final report not later than 1 year after the final 
        year for which a grant is made under this title on the results 
        of the evaluation of the programs funded under this title.
    (c) Public Availability.--All reports and underlying data gathered 
pursuant to this section shall be made available to the public upon 
request, in a timely manner following submission of the applicable 
report under subsection (b), except that personally identifiable 
information shall not be disclosed or made available to the public.
    (d) Limit on Amount Expended.--The amount expended by the Secretary 
to carry out this section for any fiscal year may not exceed 3 percent 
of the total amount appropriated to carry out this title for the fiscal 
year.

SEC. 410. REPORTING REQUIREMENTS.

    (a) Activities Reports.--Each grantee receiving funds under this 
title during a year shall submit a report to the Secretary not later 
than July 30 of the following year regarding the activities carried out 
with the funds during the preceding year.
    (b) Achievement Reports.--
            (1) In general.--In addition to the reports required under 
        subsection (a), each grantee shall, not later than September 1 
        of the year during which the second academic year of the 
        grantee's program is completed and each of the next 2 years 
        thereafter, submit a report to the Secretary regarding the data 
        collected in the previous 2 academic years concerning--
                    (A) the academic achievement of students 
                participating in the program;
                    (B) the graduation and college admission rates of 
                students who participate in the program, where 
                appropriate; and
                    (C) parental satisfaction with the program.
            (2) Prohibiting disclosure of personal information.--No 
        report under this subsection may contain any personally 
        identifiable information.
    (c) Reports to Parent.--
            (1) In general.--Each grantee shall ensure that each school 
        participating in the grantee's program under this title during 
        a year reports at least once during the year to the parents of 
        each of the school's students who are participating in the 
        program on--
                    (A) the student's academic achievement, as measured 
                by a comparison with the aggregate academic achievement 
                of other participating students at the student's school 
                in the same grade or level, as appropriate, and the 
                aggregate academic achievement of the student's peers 
                at the student's school in the same grade or level, as 
                appropriate; and
                    (B) the safety of the school, including the 
                incidence of school violence, student suspensions, and 
                student expulsions.
            (2) Prohibiting disclosure of personal information.--No 
        report under this subsection may contain any personally 
        identifiable information, except as to the student who is the 
        subject of the report to that student's parent.
    (d) Report to Congress.--The Secretary shall submit to the 
Committees on Appropriations, Education and the Workforce, and 
Government Reform of the House of Representatives and the Committees on 
Appropriations, Health, Education, Labor, and Pensions, and 
Governmental Affairs of the Senate an annual report on the findings of 
the reports submitted under subsections (a) and (b).

SEC. 411. OTHER REQUIREMENTS FOR PARTICIPATING SCHOOLS.

    (a) Admission of Eligible Students.--Each school choosing to 
participate in a program funded under this title shall accept any 
participating eligible student on a religious-neutral basis, except 
that if the school has more participating eligible students seeking 
admission than it can accommodate, the school shall accept 
participating eligible students through a religious-neutral, random 
selection process, consistent with section 405(b)(1)(C).
    (b) Requests for Data and Information.--Each school participating 
in a program funded under this title shall comply with all requests for 
data and information regarding evaluations conducted under section 
409(a).
    (c) Rules of Conduct and Other School Policies.--Subject to section 
408, a participating school may require eligible students to abide by 
any rules of conduct and other requirements applicable to all other 
students at the school.

SEC. 412. DEFINITIONS.

    As used in this title:
            (1) Elementary school.--The term ``elementary school'' has 
        the meaning given that term in section 9101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7801).
            (2) Eligible entity.--The term ``eligible entity'' means 
        any of the following:
                    (A) An educational entity of the District of 
                Columbia Government.
                    (B) A nonprofit organization.
                    (C) A consortium of nonprofit organizations.
            (3) Eligible student.--The term ``eligible student'' means 
        a student who is a resident of the District of Columbia and who 
        comes from a household whose income does not exceed 185 percent 
        of the poverty line applicable to a family of the size 
        involved.
            (4) Parent.--The term ``parent'' has the meaning given that 
        term in section 9101 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7801).
            (5) Poverty line.--The term ``poverty line'' has the 
        meaning given that term in section 9101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7801).
            (6) Secondary school.--The term ``secondary school'' has 
        the meaning given that term in section 9101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7801).
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.

SEC. 413. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title 
$10,000,000 for fiscal year 2004 and such sums as may be necessary for 
each of the 4 succeeding fiscal years.
    This Act may be cited as the ``District of Columbia Appropriations 
Act, 2004''.

            Passed the House of Representatives September 9, 2003.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

                                                       Calendar No. 278

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.

_______________________________________________________________________

                           September 10, 2003

            Received; read twice and placed on the calendar
```