402 
SEC. 2220. Notwithstanding section 1101, the level 
for ‘‘Department of Transportation, Federal Railroad Ad-
ministration, Capital and Debt Service Grants to the Na-
tional 
Railroad 
Passenger 
Corporation’’ 
shall 
be 
$923,625,000. 
SEC. 2221. Notwithstanding section 1101, the level 
for ‘‘Department of Transportation, Federal Railroad Ad-
ministration, Capital Assistance for High Speed Rail Cor-
ridors and Intercity Passenger Rail Service’’ shall be $0. 
SEC. 2222. Of the prior year unobligated balances 
available for ‘‘Department of Transportation, Federal 
Railroad Administration, Capital Assistance for High 
Speed Rail Corridors and Intercity Passenger Rail Serv-
ice’’, $400,000,000 is rescinded. 
SEC. 2223. Notwithstanding section 1101, the level 
for ‘‘Department of Transportation, Federal Transit Ad-
ministration, Grants for Energy Efficiency and Green-
house Gas Reductions’’ shall be $50,000,000. 
SEC. 2224. Notwithstanding section 1101, the level 
for ‘‘Department of Transportation, Federal Transit Ad-
ministration, Capital Investment Grants’’ shall be 
$1,600,000,000. 
SEC. 2225. Of the funds made available for ‘‘Depart-
ment of Transportation, Federal Transit Administration,
403 
Capital Investment Grants’’ in division A of Public Law 
111–117, $280,000,000 is rescinded. 
SEC. 2226. Notwithstanding section 1101, the level 
for ‘‘Department of Transportation, Federal Transit Ad-
ministration, Research and University Research Centers’’ 
shall be $59,000,000. 
SEC. 2227. Notwithstanding section 1101, the level 
for ‘‘Department of Transportation, Maritime Administra-
tion, Operations and Training’’ shall be $151,750,000, of 
which $11,240,000 shall remain available until expended 
for maintenance and repair of training ships at State Mar-
itime Academies; $15,000,000 shall remain available until 
expended for capital improvements at the United States 
Merchant Marine Academy; and $59,057,000 shall be 
available for operations at the United States Merchant 
Marine Academy: Provided, That of the funds made avail-
able under such heading in division A of Public Law 111– 
117, up to $6,000,000 may be used for the reimbursement 
of overcharged midshipmen fees for academic years 2003– 
2004 through 2008–2009, to remain available until ex-
pended: Provided further, That the reimbursement deci-
sions of the Secretary pursuant to the previous proviso 
shall be final and conclusive: Provided further, That of the 
funds made available under such heading by this division, 
$1,000,000 shall be for the information technology re-
404 
quirements of Public Law 111–207, to be available until 
expended. 
SEC. 2228. Notwithstanding section 1101, the level 
for ‘‘Department of Transportation, Maritime Administra-
tion, 
Assistance 
to 
Small 
Shipyards’’ 
shall 
be 
$10,000,000. 
SEC. 2229. Notwithstanding section 1101, the level 
for each of the following accounts under the heading ‘‘De-
partment of Transportation, Pipeline and Hazardous Ma-
terials Safety Administration’’ shall be as follows: ‘‘Oper-
ational Expenses, (Pipeline Safety Fund)’’, $21,496,000; 
‘‘Hazardous Materials Safety’’, $39,098,000, of which 
$1,699,000 shall remain available until September 30, 
2013; and ‘‘Pipeline Safety (Pipeline Safety Fund) (Oil 
Spill Liability Trust Fund)’’, $106,919,000, of which 
$18,905,000 shall be derived from the Oil Spill Liability 
Trust Fund and shall remain available until September 
30, 2013, and of which $88,014,000 shall be derived from 
the Pipeline Safety Fund, of which $47,332,000 shall re-
main available until September 30, 2013. 
SEC. 2230. Notwithstanding section 1101, section 
186 of title I of division A of Public Law 111–117 shall 
not apply in fiscal year 2011. 
SEC. 2231. Notwithstanding section 1101, none of 
the funds made available by this division shall be available
405 
for activities described in section 195 of title I of division 
A of Public Law 111–117. 
SEC. 2232. Notwithstanding section 1101, the level 
for ‘‘Department of Housing and Urban Development, 
Management and Administration, Administration, Oper-
ations and Management’’ shall be $525,040,000: Pro-
vided, That the Secretary shall adjust other amounts spec-
ified under this heading to stay within the level provided 
under this section. 
SEC. 2233. Notwithstanding section 1101, section 
231 of title II of division A of Public Law 111–117 (123 
Stat. 3105) is amended to read as follows: ‘‘The Secretary 
of Housing and Urban Development is authorized to 
transfer up to 5 percent or $5,000,000, whichever is less, 
of the funds made available for personnel or nonpersonnel 
expenses under any account under this title under the gen-
eral heading ‘Personnel Compensation and Benefits’, or 
under any set-aside within the accounts under the head-
ings ‘Executive Direction’ and ‘Administration, Oper-
ations and Management’, to any other such account or set- 
aside: Provided, That no appropriation for personnel or 
non-personnel expenses in any such account or set-aside 
shall be increased or decreased by more than 5 percent 
or $5,000,000, whichever is less, without prior written ap-
406 
proval of the House and Senate Committees on Appropria-
tions.’’. 
SEC. 2234. Notwithstanding section 1101, the level 
for each of the following accounts under the heading ‘‘De-
partment of Housing and Urban Development, Personnel 
Compensation and Benefits’’ shall be as follows: ‘‘Public 
and Indian Housing’’, $189,074,000; ‘‘Community Plan-
ning 
and 
Development’’, 
$96,989,000; 
‘‘Housing’’, 
$381,887,000; and ‘‘Policy Development and Research’’, 
$19,138,000. 
SEC. 2235. Notwithstanding section 1101, the level 
for ‘‘Department of Housing and Urban Development, 
Public and Indian Housing, Tenant-Based Rental Assist-
ance’’ shall be $14,407,688,000, to remain available until 
expended, which shall be available on October 1, 2010 (in 
addition to the $4,000,000,000 previously appropriated 
under such heading that became available on October 1, 
2010), and, notwithstanding section 1118, an additional 
$4,000,000,000, to remain available until expended, shall 
be available on October 1, 2011: Provided, That of the 
amounts available for such heading, $16,702,688,000 
shall be for activities specified in paragraph (1) under 
such heading of title II of division A of Public Law 111– 
117; $110,000,000 shall be for activities specified in para-
graph (2) under such heading in such Public Law;
407 
$1,450,000,000 shall be for activities specified in para-
graph (3) under such heading in such Public Law, of 
which $1,400,000,000 shall be allocated as provided in the 
first proviso of such paragraph (3); and $50,000,000 shall 
be for activities specified in paragraph (6) under such 
heading in such Public Law: Provided further, That para-
graph (5) under such heading in such Public Law is 
amended by striking ‘‘$15,000,000’’ and all that follows 
through the end of such paragraph and inserting 
‘‘$35,000,000 for amendment and renewal of tenant-based 
assistance contracts under section 811 of the Cranston- 
Gonzalez National Affordable Housing Act (42 U.S.C. 
8013), including necessary administrative expenses;’’. 
SEC. 2236. Notwithstanding section 1101, the level 
for ‘‘Department of Housing and Urban Development, 
Public and Indian Housing, Public Housing Operating 
Fund’’ shall be $4,626,000,000. 
SEC. 2237. Notwithstanding section 1101, the level 
for ‘‘Department of Housing and Urban Development, 
Public and Indian Housing, Revitalization of Severely Dis-
tressed 
Public 
Housing 
(HOPE 
VI)’’ 
shall 
be 
$100,000,000. 
SEC. 2238. Notwithstanding section 1101, the level 
for ‘‘Department of Housing and Urban Development,
408 
Public and Indian Housing, Public Housing Capital 
Fund’’ shall be $2,044,200,000. 
SEC. 2239. Notwithstanding section 1101, the level 
for ‘‘Department of Housing and Urban Development, 
Public and Indian Housing, Native American Housing 
Block Grants’’ shall be $650,000,000. 
SEC. 2240. Notwithstanding section 1101, the level 
for ‘‘Department of Housing and Urban Development, 
Community Planning and Development, Community De-
velopment Fund’’ shall be $3,508,000,000, of which 
$3,343,000,000 shall be for carrying out the community 
development block grant program under title I of the 
Housing and Community Development Act of 1974 (42 
U.S.C. 5301 et seq.): Provided, That none of the funds 
made available under such heading by this division may 
be used for grants for the Economic Development Initia-
tive or Neighborhood Initiatives activities, Rural Innova-
tion Fund, or for grants pursuant to section 107 of the 
Housing and Community Development Act of 1974 (42 
U.S.C. 5307): Provided further, That of the amounts made 
available 
under 
such 
heading 
by 
this 
division, 
$100,000,000 shall be for a Sustainable Communities Ini-
tiative, of which $70,000,000 shall be for Regional Inte-
grated Planning Grants and $30,000,000 shall be for 
Community Challenge Planning Grants: Provided further,
412 
SEC. 2252. The first proviso in the first paragraph 
under the heading ‘‘Department of Housing and Urban 
Development, Federal Housing Administration, General 
and Special Risk Program Account’’ in division A of Pub-
lic Law 111–117 shall be applied in fiscal year 2011 by 
substituting ‘‘$20,000,000,000’’ for ‘‘$15,000,000,000’’. 
SEC. 2253. Notwithstanding section 1101, the level 
for ‘‘Department of Housing and Urban Development, Of-
fice of Lead Hazard Control and Healthy Homes, Lead 
Hazard Reduction’’ shall be $120,000,000. 
SEC. 2254. Notwithstanding section 1101, the level 
under the heading ‘‘Related Agencies, United States Inter-
agency Council on Homelessness, Operating Expenses’’ 
shall be $2,680,000. 
SEC. 2255. Section 209 of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11319) is amended 
by striking all that follows ‘‘on’’ and inserting ‘‘October 
1, 2013.’’. 
SEC. 2256. The first proviso under the heading 
‘‘Housing for the Elderly’’ and under the heading ‘‘Hous-
ing for Persons with Disabilities’’ in division A of Public 
Law 111–117 are each amended to read as follows: ‘‘Pro-
vided, That amounts obligated for initial project rental as-
sistance contracts from amounts appropriated in fiscal 
year 2003 and thereafter shall remain available for the
413 
purpose of paying such obligations incurred prior to the 
expiration of such amounts for a 10 year period following 
such expiration:’’. 
SEC. 2257. The amounts provided by section 1101 
for ‘‘Department of Housing and Urban Development, 
Housing Programs, Housing for Persons with Disabil-
ities’’ shall, in addition to use as provided under such 
heading in title II of division A of Public Law 111–117, 
be available for project assistance contracts pursuant to 
section 202(h) of the Housing Act of 1959 (12 U.S.C. 
1701q). 
SEC. 2258. Notwithstanding section 1101, the level 
under the heading ‘‘Department of Housing and Urban 
Development, Management and Administration, Trans-
formation Initiative’’ for combating mortgage fraud shall 
be $0. 
SEC. 2259. The heading ‘‘Department of Housing 
and Urban Development, Management and Administra-
tion, Transformation Initiative’’ in title II of division A 
of Public Law 111–117 is amended by striking the second 
paragraph and inserting the following: ‘‘For necessary ex-
penses of information technology modernization, including 
development and deployment of a Next Generation of 
Voucher Management System and development and de-
ployment of modernized Federal Housing Administration
414 
systems, $71,000,000, to remain available until September 
30, 2013: Provided, That not more than 35 percent of the 
funds made available for information technology mod-
ernization may be obligated until the Secretary submits 
to the Committees on Appropriations a plan for expendi-
ture that: (1) identifies for each modernization project: 
(A) the functional and performance capabilities to be de-
livered and the mission benefits to be realized; (B) the 
estimated lifecycle cost; and (C) key milestones to be met; 
(2) demonstrates that each modernization project is: (A) 
compliant with the Department’s enterprise architecture; 
(B) being managed in accordance with applicable lifecycle 
management policies and guidance; (C) subject to the De-
partment’s capital planning and investment control re-
quirements; and (D) supported by an adequately staffed 
project office; and (3) has been reviewed by the Govern-
ment Accountability Office. In addition, of the amounts 
made available in this division under each of the following 
headings under this title, the Secretary may transfer to, 
and merge with, this account up to 1 percent from each 
such account, and such transferred amounts shall be avail-
able until September 30, 2013, for: (1) research, evalua-
tion, and program metrics; (2) program demonstrations; 
(3) technical assistance and capacity building; and (4) in-
formation technology: ‘Revitalization of Severely Dis-
415 
tressed Public Housing’, ‘Section 108 Loan Guarantees’, 
‘Housing Opportunities for Persons With AIDS’, ‘Com-
munity Development Fund’, ‘HOME Investment Partner-
ships Program’, ‘Self-Help and Assisted Homeownership 
Opportunity Program’, ‘Housing for the Elderly’, ‘Hous-
ing for Persons With Disabilities’, ‘Payment to Manufac-
tured Housing Fees Trust Fund’, ‘Mutual Mortgage In-
surance Program Account’, ‘General and Special Risk 
Program Account’, ‘Research and Technology’, ‘Lead 
Hazard Reduction’, ‘Rental Housing Assistance’, and 
‘Fair Housing Activities’: Provided further, That of the 
amounts made available under this heading, not less than 
$45,000,000 shall be available for technical assistance and 
capacity building: Provided further, That technical assist-
ance activities shall include, technical assistance for HUD 
programs, including HOME, Community Development 
Block Grant, homeless programs, HOPWA, HOPE VI, 
Public Housing, the Housing Choice Voucher Program, 
Fair Housing Initiative Program, Housing Counseling, 
Healthy Homes, Sustainable Communities, Energy Inno-
vation Fund and other technical assistance as determined 
by the Secretary: Provided further, That any amounts 
available for research, evaluation, and program metrics 
and program demonstrations shall be used to complete on-
going projects, evaluations, and assessments: Provided fur-
416 
ther, That the Secretary shall submit a plan to the House 
and Senate Committees on Appropriations for approval 
detailing how the funding provided under this section will 
be allocated to each of the four categories identified under 
this section and for what projects or activities funding will 
be used: Provided further, That following the initial ap-
proval of this plan, the Secretary may amend the plan with 
the approval of the House and Senate Committees on Ap-
propriations.’’. 
SEC. 2260. Notwithstanding section 1101, the level 
for ‘‘National Railroad Passenger Corporation, Office of 
Inspector General, Salaries and Expenses’’ shall be 
$19,350,000. 
SEC. 2261. No rescission made in this title shall 
apply to any amount previously designated by the Con-
gress as an emergency requirement pursuant to a concur-
rent resolution on the budget or the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
SEC. 2262. None of the funds made available by this 
division may be used to pay the salaries and expenses for 
the following positions: 
(1) Director, White House Office of Health Re-
form. 
(2) Assistant to the President for Energy and 
Climate Change.
417 
(3) Senior Advisor to the Secretary of the 
Treasury assigned to the Presidential Task Force on 
the Auto Industry and Senior Counselor for Manu-
facturing Policy. 
(4) White House Director of Urban Affairs. 
This division may be cited as the ‘‘Full-Year Con-
tinuing Appropriations Act, 2011’’. 
DIVISION 
C—SCHOLARSHIPS 
FOR OPPORTUNITY AND RE-
SULTS ACT 
SEC. 3001. SHORT TITLE. 
This division may be cited as the ‘‘Scholarships for 
Opportunity and Results Act’’ or the ‘‘SOAR Act’’. 
SEC. 3002. FINDINGS. 
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 Colum-
bia, public school choice provided under the Elemen-
tary and Secondary Education Act of 1965, as well 
as under other public school choice programs, is in-
adequate. More educational options are needed to 
ensure all families in the District of Columbia have
418 
access to a quality education. In particular, funds 
are needed to provide low-income parents with en-
hanced public opportunities and private educational 
environments, regardless of whether such environ-
ments are secular or nonsecular. 
(3) While the per student cost for students in 
the public schools of the District of Columbia is one 
of the highest in the United States, test scores for 
such students continue to be among the lowest in 
the Nation. The National Assessment of Educational 
Progress (NAEP), an annual report released by the 
National Center for Education Statistics, reported in 
its 2009 study that students in the District of Co-
lumbia were being outperformed by every State in 
the Nation. On the 2009 NAEP, 56 percent of 
fourth grade students scored ‘‘below basic’’ in read-
ing, and 44 percent scored ‘‘below basic’’ in mathe-
matics. Among eighth grade students, 49 percent 
scored ‘‘below basic’’ in reading and 60 percent 
scored ‘‘below basic’’ in mathematics. On the 2009 
NAEP reading assessment, only 17 percent of the 
District of Columbia fourth grade students could 
read proficiently, while only 13 percent of the eighth 
grade students scored at the proficient or advanced 
level.
419 
(4) In 2003, Congress passed the DC School 
Choice Incentive Act of 2003 (Public Law 108–199; 
118 Stat. 126), to provide opportunity scholarships 
to parents of students in the District of Columbia to 
enable them to pursue a high-quality education at a 
public or private elementary or secondary school of 
their choice. The DC Opportunity Scholarship Pro-
gram (DC OSP) under such Act was part of a com-
prehensive 3-part funding arrangement that also in-
cluded additional funds for the District of Columbia 
public schools, and additional funds for public char-
ter schools of the District of Columbia. The intent 
of the approach was to ensure that progress would 
continue to be made to improve public schools and 
public charter schools, and that funding for the op-
portunity scholarship program would not lead to a 
reduction in funding for the District of Columbia 
public and charter schools. Resources would be avail-
able for a variety of educational options that would 
give families in the District of Columbia a range of 
choices with regard to the education of their chil-
dren. 
(5) The DC OSP was established in accordance 
with the Supreme Court decision, Zelman v. Sim-
mons-Harris, 536 U.S. 639 (2002), which found
420 
that a program enacted for the valid secular purpose 
of providing educational assistance to low-income 
children in a demonstrably failing public school sys-
tem is constitutional if it is neutral with respect to 
religion and provides assistance to a broad class of 
citizens who direct government aid to religious and 
secular schools solely as a result of their genuine 
and independent private choices. 
(6) Since the inception of the DC OSP, it has 
consistently been oversubscribed. Parents express 
strong support for the opportunity scholarship pro-
gram. Rigorous studies of the program by the Insti-
tute of Education Sciences have shown significant 
improvements in parental satisfaction and in reading 
scores that are more dramatic when only those stu-
dents consistently using the scholarships are consid-
ered. The program also was found to result in sig-
nificantly higher graduation rates for DC OSP stu-
dents. 
(7) The DC OSP is a program that offers fami-
lies in need, in the District of Columbia, important 
alternatives while public schools are improved. This 
program should be reauthorized as 1 of a 3-part 
comprehensive funding strategy for the District of 
Columbia school system that provides new and equal
421 
funding for public schools, public charter schools, 
and opportunity scholarships for students to attend 
private schools. 
SEC. 3003. PURPOSE. 
The purpose of this division is to provide low-income 
parents residing in the District of Columbia, particularly 
parents of students who attend elementary schools or sec-
ondary schools identified for improvement, corrective ac-
tion, or restructuring under section 1116 of the Elemen-
tary and Secondary Education Act of 1965 (20 U.S.C. 
6316), with expanded opportunities for enrolling their 
children in other schools in the District of Columbia, at 
least until the public schools in the District of Columbia 
have adequately addressed shortfalls in health, safety, and 
security, and the students in the District of Columbia pub-
lic schools are testing in mathematics and reading at or 
above the national average. 
SEC. 3004. GENERAL AUTHORITY. 
(a) OPPORTUNITY SCHOLARSHIPS.— 
(1) IN
GENERAL.—From funds appropriated 
under section 3014(a)(1), the Secretary shall award 
grants on a competitive basis to eligible entities with 
approved applications under section 3005 to carry 
out a program to provide eligible students with ex-
panded school choice opportunities. The Secretary
422 
may award a single grant or multiple grants, de-
pending on the quality of applications submitted and 
the priorities of this division. 
(2) DURATION
OF
GRANTS.—The Secretary 
may make grants under this subsection for a period 
of not more than 5 years. 
(b) 
DC 
PUBLIC
SCHOOLS
AND
CHARTER 
SCHOOLS.—From funds appropriated under paragraphs 
(2) and (3) of section 3014(a), the Secretary shall provide 
funds to the Mayor of the District of Columbia, if the 
Mayor agrees to the requirements described in section 
3011(a), for— 
(1) the District of Columbia public schools to 
improve public education in the District of Colum-
bia; and 
(2) the District of Columbia public charter 
schools to improve and expand quality public charter 
schools in the District of Columbia. 
SEC. 3005. APPLICATIONS. 
(a) IN GENERAL.—In order to receive a grant under 
section 3004(a), an eligible entity shall submit an applica-
tion to the Secretary at such time, in such manner, and 
accompanied by such information as the Secretary may 
require.
423 
(b) CONTENTS.—The Secretary may not approve the 
request of an eligible entity for a grant under section 
3004(a) unless the entity’s application includes— 
(1) a detailed description of— 
(A) how the entity will address the prior-
ities described in section 3006; 
(B) how the entity will ensure that if more 
eligible students seek admission in the program 
of the entity than the program can accommo-
date, eligible students are selected for admission 
through a random selection process which gives 
weight to the priorities described in section 
3006; 
(C) how the entity will ensure that if more 
participating eligible students seek admission to 
a participating school than the school can ac-
commodate, participating eligible students are 
selected for admission through a random selec-
tion process; 
(D) how the entity will notify parents of el-
igible students of the expanded choice opportu-
nities in order to allow the parents to make in-
formed decisions; 
(E) the activities that the entity will carry 
out to provide parents of eligible students with
424 
expanded choice opportunities through the 
awarding of scholarships under section 3007(a); 
(F) how the entity will determine the 
amount that will be provided to parents under 
section 3007(a)(2) for the payment of tuition, 
fees, and transportation expenses, if any; 
(G) how the entity will seek out private el-
ementary schools and secondary schools in the 
District of Columbia to participate in the pro-
gram; 
(H) how the entity will ensure that each 
participating school will meet the reporting and 
other program requirements under this division; 
(I) how the entity will ensure that partici-
pating schools submit to site visits by the entity 
as determined to be necessary by the entity, ex-
cept that a participating school may not be re-
quired to submit to more than 1 site visit per 
school year; 
(J) how the entity will ensure that partici-
pating schools are financially responsible and 
will use the funds received under section 3007 
effectively;
425 
(K) how the entity will address the renewal 
of scholarships to participating eligible stu-
dents, including continued eligibility; and 
(L) how the entity will ensure that a ma-
jority of its voting board members or governing 
organization are residents of the District of Co-
lumbia; and 
(2) an assurance that the entity will comply 
with all requests regarding any evaluation carried 
out under section 3009(a). 
SEC. 3006. PRIORITIES. 
In awarding grants under section 3004(a), the Sec-
retary shall give priority to applications from eligible enti-
ties that will most effectively— 
(1) in awarding scholarships under section 
3007(a), give priority to— 
(A) eligible students who, in the school 
year preceding the school year for which the eli-
gible students are seeking a scholarship, at-
tended an elementary school or secondary 
school identified for improvement, corrective ac-
tion, or restructuring under section 1116 of the 
Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6316);
426 
(B) students who have been awarded a 
scholarship in a preceding year under this divi-
sion or the DC School Choice Incentive Act of 
2003 (sec. 38–1851.01 et seq., D.C. Official 
Code), as such Act was in effect on the day be-
fore the date of the enactment of this division, 
but who have not used the scholarship, includ-
ing eligible students who were provided notifica-
tion of selection for a scholarship for school 
year 2009–2010, which was later rescinded in 
accordance with direction from the Secretary of 
Education; and 
(C) students whose household includes a 
sibling or other child who is already partici-
pating in the program of the eligible entity 
under this division, regardless of whether such 
students have, in the past, been assigned as 
members of a control study group for the pur-
poses of an evaluation under section 3009(a); 
(2) target resources to students and families 
that lack the financial resources to take advantage 
of available educational options; and 
(3) provide students and families with the 
widest range of educational options.
427 
SEC. 3007. USE OF FUNDS. 
(a) OPPORTUNITY SCHOLARSHIPS.— 
(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), an eligible entity receiving a grant under 
section 3004(a) shall use the grant funds to provide 
eligible students with scholarships to pay the tuition, 
fees, and transportation expenses, if any, to enable 
the eligible students to attend the District of Colum-
bia private elementary school or secondary school of 
their choice beginning in school year 2011–2012. 
Each such eligible entity shall ensure that the 
amount of any tuition or fees charged by a school 
participating in such entity’s program under this di-
vision to an eligible student participating in the pro-
gram does not exceed the amount of tuition or fees 
that the school charges to students who do not par-
ticipate in the program. 
(2) PAYMENTS TO PARENTS.—An eligible entity 
receiving a grant under section 3004(a) shall make 
scholarship payments under the entity’s program 
under this division to the parent of the eligible stu-
dent participating in the program, in a manner 
which ensures that such payments will be used for 
the payment of tuition, fees, and transportation ex-
penses (if any), in accordance with this division. 
(3) AMOUNT OF ASSISTANCE.—
428 
(A) VARYING AMOUNTS PERMITTED.—Sub-
ject to the other requirements of this section, 
an eligible entity receiving a grant under sec-
tion 3004(a) may award scholarships in larger 
amounts to those eligible students with the 
greatest need. 
(B) ANNUAL LIMIT ON AMOUNT.— 
(i) LIMIT
FOR
SCHOOL
YEAR
2011– 
2012.—The amount of assistance provided 
to any eligible student by an eligible entity 
under the entity’s program under this divi-
sion for school year 2011–2012 may not 
exceed— 
(I) $8,000 for attendance in kin-
dergarten through grade 8; and 
(II) $12,000 for attendance in 
grades 9 through 12. 
(ii) CUMULATIVE INFLATION ADJUST-
MENT.—Beginning with school year 2012– 
2013, the Secretary shall adjust the max-
imum amounts of assistance described in 
clause (i) for inflation, as measured by the 
percentage increase, if any, from the pre-
ceding fiscal year in the Consumer Price 
Index for All Urban Consumers, published
429 
by the Bureau of Labor Statistics of the 
Department of Labor. 
(4) PARTICIPATING SCHOOL REQUIREMENTS.— 
None of the funds provided under this division for 
opportunity scholarships may be used by an eligible 
student to enroll in a participating private school 
unless the participating school— 
(A) has and maintains a valid certificate of 
occupancy issued by the District of Columbia; 
(B) makes readily available to all prospec-
tive students information on its school accredi-
tation; 
(C) in the case of a school that has been 
operating for 5 years or less, submits to the eli-
gible entity administering the program proof of 
adequate financial resources reflecting the fi-
nancial sustainability of the school and the 
school’s ability to be in operation through the 
school year; 
(D) agrees to submit to site visits as deter-
mined to be necessary by the eligible entity pur-
suant to section 3005(b)(1)(I); 
(E) has financial systems, controls, poli-
cies, and procedures to ensure that funds are 
used according to this division; and
430 
(F) ensures that each teacher of core sub-
ject matter in the school has a baccalaureate 
degree or equivalent degree, whether such de-
gree was awarded in or outside of the United 
States. 
(b) ADMINISTRATIVE EXPENSES.—An eligible entity 
receiving a grant under section 3004(a) 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 division during the year, includ-
ing— 
(1) determining the eligibility of students to 
participate; 
(2) selecting eligible students to receive scholar-
ships; 
(3) determining the amount of scholarships and 
issuing the scholarships to eligible students; 
(4) compiling and maintaining financial and 
programmatic records; and 
(5) conducting site visits as described in section 
3005(b)(1)(I). 
(c) PARENTAL ASSISTANCE.—An eligible entity re-
ceiving a grant under section 3004(a) may use not more 
than 2 percent of the amount provided under the grant 
each year for the expenses of educating parents about the
431 
entity’s program under this division, and assisting parents 
through the application process, under this division, in-
cluding— 
(1) providing information about the program 
and the participating schools to parents of eligible 
students; 
(2) providing funds to assist parents of stu-
dents in meeting expenses that might otherwise pre-
clude the participation of eligible students in the 
program; and 
(3) streamlining the application process for par-
ents. 
(d) STUDENT ACADEMIC ASSISTANCE.—An eligible 
entity receiving a grant under section 3004(a) may use 
not more than 1 percent of the amount provided under 
the grant each year for expenses to provide tutoring serv-
ices to participating eligible students that need additional 
academic assistance. If there are insufficient funds to pro-
vide tutoring services to all such students in a year, the 
eligible entity shall give priority in such year to students 
who previously attended an elementary school or sec-
ondary school that was identified for improvement, correc-
tive action, or restructuring under section 1116 of the Ele-
mentary and Secondary Education Act of 1965 (20 U.S.C. 
6316).
432 
SEC. 3008. NONDISCRIMINATION AND OTHER REQUIRE-
MENTS FOR PARTICIPATING SCHOOLS. 
(a) IN GENERAL.—An eligible entity or a school par-
ticipating in any program under this division shall not dis-
criminate against program participants or applicants on 
the basis of race, color, national origin, religion, or sex. 
(b) APPLICABILITY
AND SINGLE SEX SCHOOLS, 
CLASSES, OR ACTIVITIES.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, the prohibition of sex discrimina-
tion in subsection (a) shall not apply to a partici-
pating school that is operated by, supervised by, con-
trolled by, or connected to a religious organization to 
the extent that the application of subsection (a) is 
inconsistent with the religious tenets or beliefs of the 
school. 
(2) SINGLE SEX SCHOOLS, CLASSES, OR ACTIVI-
TIES.—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) APPLICABILITY.—For purposes of this divi-
sion, the provisions of section 909 of the Education 
Amendments of 1972 (20 U.S.C. 1688) shall apply 
to this division as if section 909 of the Education 
Amendments of 1972 (20 U.S.C. 1688) were part of 
this division.
433 
(c) CHILDREN WITH DISABILITIES.—Nothing in this 
division may be construed to alter or modify the provisions 
of the Individuals with Disabilities Education Act (20 
U.S.C. 1400 et seq.). 
(d) RELIGIOUSLY AFFILIATED SCHOOLS.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, a school participating in any pro-
gram under this division that is operated by, super-
vised by, controlled by, or connected to, a religious 
organization may exercise its right in matters of em-
ployment consistent with title VII of the Civil Rights 
Act of 1964 (42 U.S.C. 2000e–1 et seq.), including 
the exemptions in such title. 
(2) MAINTENANCE
OF
PURPOSE.—Notwith-
standing any other provision of law, funds made 
available under this division to eligible students, 
which are used at a participating school as a result 
of their parents’ choice, shall not, consistent with 
the first amendment of the Constitution, necessitate 
any change in the participating school’s teaching 
mission, require any participating school to remove 
religious art, icons, scriptures, or other symbols, or 
preclude any participating school from retaining reli-
gious terms in its name, selecting its board members 
on a religious basis, or including religious references
434 
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 stu-
dents) under this division 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 division shall not 
be treated as income of the child or his or her parents 
for purposes of Federal tax laws or for determining eligi-
bility for any other Federal program. 
(f) REQUESTS FOR DATA AND INFORMATION.—Each 
school participating in a program funded under this divi-
sion shall comply with all requests for data and informa-
tion regarding evaluations conducted under section 
3009(a). 
(g) RULES OF CONDUCT AND OTHER SCHOOL POLI-
CIES.—A participating school, including the schools de-
scribed in subsection (d), may require eligible students to 
abide by any rules of conduct and other requirements ap-
plicable to all other students at the school. 
(h) NATIONALLY NORM-REFERENCED STANDARD-
IZED TESTS.—
435 
(1) IN
GENERAL.—Each participating school 
shall comply with any testing requirements deter-
mined to be necessary for evaluation under section 
3009(a)(2)(A)(i). 
(2) MAKE-UP
SESSION.—If a participating 
school does not administer a nationally norm-ref-
erenced standardized test or the Institute of Edu-
cation Sciences does not receive data on a student 
who is receiving an opportunity scholarship, then the 
Secretary (through the Institute of Education 
Sciences of the Department of Education) shall ad-
minister such test at least one time during a school 
year for each student receiving an opportunity schol-
arship. 
SEC. 3009. EVALUATIONS. 
(a) IN GENERAL.— 
(1) DUTIES
OF
THE
SECRETARY
AND
THE 
MAYOR.—The Secretary and the Mayor of the Dis-
trict of Columbia shall— 
(A) jointly enter into an agreement with 
the Institute of Education Sciences of the De-
partment of Education to evaluate annually the 
performance of students who received scholar-
ships under the 5-year program under this divi-
sion;
436 
(B) jointly enter into an agreement to 
monitor and evaluate the use of funds author-
ized and appropriated for the District of Co-
lumbia public schools and the District of Co-
lumbia public charter schools under this divi-
sion; and 
(C) make the evaluations described in sub-
paragraphs (A) and (B) public in accordance 
with subsection (c). 
(2) DUTIES
OF
THE
SECRETARY.—The Sec-
retary, through a grant, contract, or cooperative 
agreement, shall— 
(A) ensure that the evaluation under para-
graph (1)(A)— 
(i) is conducted using the strongest 
possible research design for determining 
the effectiveness of the opportunity schol-
arship program under this division; and 
(ii) addresses the issues described in 
paragraph (4); and 
(B) disseminate information on the impact 
of the program— 
(i) in increasing the academic growth 
and achievement of participating eligible 
students; and
437 
(ii) on students and schools in the 
District of Columbia. 
(3) DUTIES OF THE INSTITUTE OF EDUCATION 
SCIENCES.—The Institute of Education Sciences of 
the Department of Education shall— 
(A) use a grade appropriate, nationally 
norm-referenced standardized test each school 
year to assess participating eligible students; 
(B) measure the academic achievement of 
all participating eligible students; and 
(C) work with the eligible entities to en-
sure that the parents of each student who ap-
plies for a scholarship under this division (re-
gardless of whether the student receives the 
scholarship) and the parents of each student 
participating in the scholarship program under 
this division, agree that the student will partici-
pate in the measurements given annually by the 
Institute of Educational Sciences for the period 
for which the student applied for or received the 
scholarship, respectively, except that nothing in 
this subparagraph shall affect a student’s pri-
ority for an opportunity scholarship as provided 
under section 3006.
438 
(4) ISSUES TO BE EVALUATED.—The issues to 
be evaluated under paragraph (1)(A) shall include 
the following: 
(A) A comparison of the academic growth 
and achievement of participating eligible stu-
dents in the measurements described in para-
graph (3) to the academic growth and achieve-
ment of the eligible students in the same grades 
who sought to participate in the scholarship 
program under this division but were not se-
lected. 
(B) The success of the program in expand-
ing choice options for parents of participating 
eligible students, improving parental and stu-
dent satisfaction of such parents and students, 
respectively, and increasing parental involve-
ment of such parents in the education of their 
children. 
(C) The reasons parents of participating 
eligible students choose for their children to 
participate in the program, including important 
characteristics for selecting schools. 
(D) A comparison of the retention rates, 
high school graduation rates, and college admis-
sion rates of participating eligible students with
439 
the retention rates, high school graduation 
rates, and college admission rates of students of 
similar backgrounds who do not participate in 
such program. 
(E) A comparison of the safety of the 
schools attended by participating eligible stu-
dents and the schools in the District of Colum-
bia attended by students who do not participate 
in the program, based on the perceptions of the 
students and parents. 
(F) Such other issues with respect to par-
ticipating eligible students as the Secretary con-
siders appropriate for inclusion in the evalua-
tion, such as the impact of the program on pub-
lic elementary schools and secondary schools in 
the District of Columbia. 
(G) An analysis of the issues described in 
subparagraphs (A) through (F) by applying 
such subparagraphs by substituting ‘‘the sub-
group of participating eligible students who 
have used each opportunity scholarship awarded 
to such students under this division to attend a 
participating school’’ for ‘‘participating eligible 
students’’ each place such term appears.
440 
(5) PROHIBITION.—Personally identifiable in-
formation regarding the results of the measurements 
used for the evaluations may not be disclosed, except 
to the parents of the student to whom the informa-
tion relates. 
(b) REPORTS.—The Secretary shall submit to the 
Committees on Appropriations, Education and the Work-
force, and Oversight and Government Reform of the 
House of Representatives and the Committees on Appro-
priations, Health, Education, Labor, and Pensions, and 
Homeland Security and Governmental Affairs of the Sen-
ate— 
(1) annual interim reports, not later than April 
1 of the year following the year of the date of enact-
ment of this division, and each subsequent year 
through the year in which the final report is sub-
mitted under paragraph (2), on the progress and 
preliminary results of the evaluation of the oppor-
tunity scholarship program funded under this divi-
sion; and 
(2) a final report, not later than 1 year after 
the final year for which a grant is made under sec-
tion 3004(a), on the results of the evaluation of the 
program.
441 
(c) PUBLIC AVAILABILITY.—All reports and under-
lying 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 sub-
section (b), except that personally identifiable information 
shall not be disclosed or made available to the public. 
(d) LIMIT ON AMOUNT EXPENDED.—The amount ex-
pended by the Secretary to carry out this section for any 
fiscal year may not exceed 5 percent of the total amount 
appropriated under section 3014(a)(1) for the fiscal year. 
SEC. 3010. REPORTING REQUIREMENTS. 
(a) ACTIVITIES REPORTS.—Each eligible entity re-
ceiving funds under section 3004(a) 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 eligible entity re-
ceiving funds under section 3004(a) shall, not later 
than September 1 of the year during which the sec-
ond school year of the entity’s program is completed 
and each of the next 2 years thereafter, submit to 
the Secretary a report, including any pertinent data
442 
collected in the preceding 2 school years, con-
cerning— 
(A) the academic growth and achievement 
of students participating in the program; 
(B) the high school 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 PARENTS.— 
(1) IN GENERAL.—Each eligible entity receiving 
funds under section 3004(a) shall ensure that each 
school participating in the entity’s program under 
this division during a school year reports at least 
once during the year to the parents of each of the 
school’s students who are participating in the pro-
gram 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 aggre-
gate academic achievement of the student’s