other educational purposes may be used to permit, encour-
age, 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 Represent-
atives and Senate, the Committee on Government Reform
of the House of Representatives, the Committee on Gov-
ernmental Affairs of the Senate, and the Council of the
District of Columbia, or their duty authorized representa-
tive.
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 pro-
vided 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 pro-
hibit 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 ex-
penditures for an agency through a reprogramming of
funds which—
(1) creates new programs;
(2) eliminates a program, project, or responsi-
bility center;
(3) establishes or changes allocations specifi-
cally 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 pre-
viously 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, which-
ever is less; or
(7) increases by 20 percent or more personnel
assigned to a specific program, project or responsi-
bility 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 appropria-
tion heading to another unless the Committees on Appro-
priations of the House of Representatives and Senate are
notified in writing 30 days in advance of the transfer, ex-
cept that in no event may the amount of any funds trans-
ferred exceed 4 percent of the local funds in the appropria-
tions.
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 Govern-
ment 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 Co-
lumbia 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 govern-
ment 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 mid-
year 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 re-
newed 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 competi-
tive bidding process has been made in accordance with
duly promulgated rules and procedures and has been re-
viewed 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 appro-
priated to the District of Columbia for the fiscal year in-
volved have been paid to the District of Columbia, the
Mayor of the District of Columbia shall pay to the Sec-
retary 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 appro-
priation accounts in this Act that are not specifically ex-
empted from sequestration by such Act.
(b) For purposes of the Balanced Budget and Emer-
gency 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 ex-
empted 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 Rep-
resentative 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 oth-
erwise implement or enforce any system of registration of
unmarried, cohabiting couples, including but not limited
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 with-
in 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 Offi-
cer under paragraph (1)(A).
(c) No amount may be obligated or expended from
the general fund or other funds of the District of Colum-
bia 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 Co-
lumbia shall prepare a quarterly report setting forth de-
tailed 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 vehi-
cle unless the officer or employee uses the vehicle only in
the performance of the officer’s or employee’s official du-
ties. For purposes of this paragraph, the term ‘‘official
duties’’ does not include travel between the officer’s or em-
ployee’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 Co-
lumbia or is otherwise designated by the Chief of the
Department;
(2) at the discretion of the Fire Chief, an offi-
cer or employee of the District of Columbia Fire and
Emergency Medical Services Department who re-
sides 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 Co-
lumbia 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 in-
ventory shall include, but not be limited to, the depart-
ment 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 mainte-
nance 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 loca-
tion.
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 Dis-
trict of Columbia Procurement Practices Act of
1985 (D.C. Official Code, sec. 2–302.8); and
(2) the audit includes as a basic financial state-
ment a comparison of audited actual year-end re-
sults with the revenues submitted in the budget doc-
ument 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 his-
tory.
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 gov-
ernment to provide assistance for any petition drive or civil
action which seeks to require Congress to provide for vot-
ing representation in Congress for the District of Colum-
bia.
(b) Nothing in this section bars the District of Co-
lumbia Corporation Counsel from reviewing or com-
menting 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 ille-
gal 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 inde-
pendent agency of the District of Columbia) who has not
filed a certification with the Mayor and the Chief Finan-
cial 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 Represent-
atives 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 associ-
ated with the possession, use, or distribution of any sched-
ule I substance under the Controlled Substances Act (21
U.S.C. 802) or any tetrahydrocannabinols derivative.
(b) The Legalization of Marijuana for Medical Treat-
ment Initiative of 1998, also known as Initiative 59, ap-
proved by the electors of the District of Columbia on No-
vember 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 excep-
tions 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, imple-
mentation of community policing, the number of po-
lice officers on local beats, and the closing down of
open-air drug markets;
(2) access to substance and alcohol abuse treat-
ment, including the number of treatment slots, the
number of people served, the number of people on
waiting lists, and the effectiveness of treatment pro-
grams;
(3) management of parolees and pre-trial vio-
lent offenders, including the number of halfway
houses escapes and steps taken to improve moni-
toring and supervision of halfway house residents to
reduce the number of escapes to be provided in con-
sultation with the Court Services and Offender Su-
pervision Agency for the District of Columbia;
(4) education, including access to special edu-
cation services and student achievement to be pro-
vided in consultation with the District of Columbia
Public Schools and the District of Columbia public
charter schools;
(5) improvement in basic District services, in-
cluding 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 Offi-
cer of the District of Columbia shall submit to the appro-
priate 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 Dis-
trict of Columbia government submitted pursuant to sec-
tion 442 of the District of Columbia Home Rule Act (D.C.
Official Code, sec. 1–204.42), for all agencies of the Dis-
trict 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, ex-
cept 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 subse-
quent fiscal year, in addition to any other authority to pay
claims and judgments, any department, agency, or instru-
mentality 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 Dis-
trict 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 accord-
ance 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 subse-
quent fiscal year, any agency of the District government
may transfer to the Office of Labor Relations and Collec-
tive Bargaining (OLRCB) such local funds as may be nec-
essary 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 ac-
tion, 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 Edu-
cation Act during fiscal year 2004 by the amount of sav-
ings resulting during the year from the restrictions on the
payment of attorney fees under subsection (a), as esti-
mated 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 esti-
mates 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 re-
ceived under a settlement agreement or as part of an ad-
ministrative 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 di-
rectors, 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 quar-
terly reports to the Committees on Appropriations of the
Senate and the House of Representatives on the certifi-
cation 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 Dis-
trict 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 Ap-
peals).
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 Colum-
bia, 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 pro-
ficiency 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 per-
cent 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. Sim-
mons-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 re-
sult of their independent private choices.
SEC. 403. PURPOSE.
The purpose of this title is to provide low-income par-
ents residing in the District of Columbia, particularly par-
ents of students who attend elementary or secondary
(1) IN GENERAL.—Each grantee shall ensure
that each school participating in the grantee’s pro-
gram 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 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
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 suspen-
sions, 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