H. J. Res. 2—121
(A) To administer the credit enhancement fund for public
charter schools under section 603(e) of the Student Loan Mar-
keting Association Reorganization Act of 1996, subject to the
provisions of such section.
(B) To administer the Direct Loan Fund for Charter School
Improvement under subsection (b), subject to the provisions
of such subsection.
(C) To develop, implement and provide oversight for other
public charter school financing programs and support services
as requested by the Mayor and the Council of the District
of Columbia.
(3) The functions described in paragraph (2) may be provided
by the Office directly or under contract with a qualified provider.
(b)(1) There is established within the District of Columbia
a Direct Loan Fund for Charter School Improvement.
(2) The Direct Loan Fund for Charter School Improvement
shall be administered by the Office of Charter School Financing
and Support, except that no loan may be made under this subsection
without the approval of the committee described in section
603(e)(3)(C)(iii) of the Student Loan Marketing Association Reorga-
nization Act of 1996 (20 U.S.C. 1155(e)(3)(C)(iii)).
(3) Funds distributed under this subsection shall be for
construction, purchase, renovation, and maintenance of charter
school facilities.
(4) Loans distributed under this subsection shall not exceed
$2,000,000 per charter school.
(5) The Office of Charter School Financing and Support shall
determine what interest rates and terms apply to loans granted
under this subsection. In determining the rates and terms of a
loan granted to a charter school, the Office of Charter School
Financing and Support should do its best to provide low interest
options and flexible terms.
(6) To be eligible for a loan under this subsection, an applicant
shall be a public charter school with a charter in effect pursuant
to the District of Columbia School Reform Act of 1995 which meets
or exceeds its performance goals as outlined in its originating
charter.
(7) In repaying a loan granted under this subsection, a debtor
may use facility maintenance funds granted to them by the District
of Columbia Public Schools.
(c) Section 603(e)(3) of the Student Loan Marketing Association
Reorganization Act of 1996 (20 U.S.C. 1155(e)(3)) is amended—
(1) in subparagraph (B)(ii) and subparagraph (C)(iii), by
striking ‘‘The Mayor’’ and inserting ‘‘Subject to subparagraph
(F), the Mayor’’; and
(2) by adding at the end the following new subparagraph:
‘‘(F) ROLE
OF OFFICE
OF PUBLIC CHARTER SCHOOL
FINANCING
AND SUPPORT.—During fiscal year 2003 and
each succeeding fiscal year, the Office of Public Charter
School Financing and Support shall be responsible for
receiving applications, making payments, and otherwise
administering this paragraph, except that no grant may
be made under this paragraph without the approval of
the committee described in subparagraph (C)(iii).’’.
SEC. 144. None of the funds contained in this Act may be
made available to pay—
H. J. Res. 2—122
(1) the fees of an attorney who represents a party in
an action or an attorney who defends any 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 pecu-
niary interest, either through an attorney, officer or employee
of the firm, in any special education diagnostic services, schools,
or other special education service providers.
SEC. 145. 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 require all attorneys
in IDEA cases to disclose any financial, corporate, legal, member-
ships 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 Finan-
cial 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. 146. (a) Section 2403(b) of the District of Columbia School
Reform Act of 1995 (sec. 38–1804.03(b), D.C. Official Code) is
amended to read as follows:
‘‘(b) PAYMENT TO CHARTER SCHOOLS FROM CHARTER SCHOOL
FUND.—
‘‘(1) ESTABLISHMENT OF FUND.—The ‘New Charter School
Fund’, as established in the general fund of the District of
Columbia prior to the date of the enactment of the District
of Columbia Appropriations Act, 2003, shall be redesignated
as the ‘Charter School Fund’.
‘‘(2) CONTENTS OF FUND.—The Charter School Fund shall
consist of the following amounts:
‘‘(A) Unexpended and unobligated amounts appro-
priated from local funds for public charter schools for any
fiscal year that reverted to the general fund of the District
of Columbia, but only to the extent that the balance of
the Charter School Fund for the fiscal year involved is
less than—
‘‘(i) $10,000,000, in the case of fiscal year 2002;
or
‘‘(ii) $5,000,000, in the case of fiscal year 2003
and each succeeding fiscal year.
‘‘(B) Any interest earned on such amounts.
H. J. Res. 2—123
‘‘(3) EXPENDITURES FROM FUND.—Amounts in the Charter
School Fund shall be used to make payments during a fiscal
year to any public charter school operating in the District
of Columbia during the fiscal year whose total audited enroll-
ment (including enrollment in special needs categories) exceeds
the student enrollment which served as the basis for deter-
mining the school’s annual payment under this Act for the
year.
‘‘(4) FORM OF PAYMENT.—Payments under this subsection
shall be made by electronic funds transfer from the Charter
School Fund to a bank designated by a public charter school.
‘‘(5) 
AUTHORIZATION
OF
APPROPRIATIONS.—There 
are
authorized to be appropriated to the Chief Financial Officer
of the District of Columbia such sums as may be necessary
to carry out this subsection for each fiscal year.’’.
(b) Notwithstanding any other provision of law, $5,000,000
from the Charter School Fund established pursuant to section
2403(b) of the District of Columbia School Reform Act of 1995
(D.C. Official Code, sec. 38–1804.03(b)), as amended by subsection
(a), shall be deposited not later than 15 days after the date of
the enactment of this Act into the credit enhancement revolving
fund established pursuant to section 603(e) of the Student Loan
Marketing Association Reorganization Act of 1996 (20 U.S.C.
1155(e)).
This division may be cited as the ‘‘District of Columbia Appro-
priations Act, 2003’’.
DIVISION D—ENERGY AND WATER DEVELOPMENT
APPROPRIATIONS, 2003
JOINT RESOLUTION
Making appropriations for energy and water development for the fiscal year ending
September 30, 2003, and for other purposes.
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2003, for energy and water development, and for
other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
The following appropriations shall be expended under the direc-
tion of the Secretary of the Army and the supervision of the Chief
of Engineers for authorized civil functions of the Department of
the Army pertaining to rivers and harbors, flood control, shore
protection, and related purposes.
GENERAL INVESTIGATIONS
For expenses necessary for the collection and study of basic
information pertaining to river and harbor, flood control, shore
H. J. Res. 2—124
protection, and related projects, restudy of authorized projects, mis-
cellaneous investigations, and, when authorized by laws, surveys
and detailed studies and plans and specifications of projects prior
to construction, $135,019,000, to remain available until expended:
Provided, That in conducting the Southwest Valley Flood Damage
Reduction Study, Albuquerque, New Mexico, the Secretary of the
Army, acting through the Chief of Engineers, shall include an
evaluation of flood damage reduction measures that would otherwise
be excluded from the feasibility analysis based on policies regarding
the frequency of flooding, the drainage areas, and the amount
of runoff: Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to use funds appro-
priated herein to determine the advisability of undertaking restora-
tion, modification, or modernization of the Great Lakes Navigational
System, including the St. Lawrence Seaway; as provided for in
section 456 of Public Law 106–53 (113 Stat. 332): Provided further,
That in making such determination, the Secretary of the Army,
acting through the Chief of Engineers, may partner with the St.
Lawrence Seaway Development Corporation and Transport Canada
or another designated representative of the Government of Canada
and may accept from such partners cash, in-kind services, or any
combination thereof, to be expended or used by the Secretary in
addition to the funds identified herein for the purpose of making
such determination.
CONSTRUCTION, GENERAL
For the prosecution of river and harbor, flood control, shore
protection, and related projects authorized by laws; and detailed
studies, and plans and specifications, of projects (including those
for development with participation or under consideration for
participation by States, local governments, or private groups)
authorized or made eligible for selection by law (but such studies
shall not constitute a commitment of the Government to construc-
tion), $1,756,012,000, to remain available until expended, of which
such sums as are necessary for the Federal share of construction
costs for facilities under the Dredged Material Disposal Facilities
program shall be derived from the Harbor Maintenance Trust Fund,
as authorized by Public Law 104–303; and of which such sums
as are necessary pursuant to Public Law 99–662 shall be derived
from the Inland Waterways Trust Fund, for one-half of the costs
of construction and rehabilitation of inland waterways projects,
including rehabilitation costs for the Lock and Dam 11, Mississippi
River, Iowa; Lock and Dam 12, Mississippi River, Iowa; Lock and
Dam 24, Mississippi River, Illinois and Missouri; Lock and Dam
3, Mississippi River, Minnesota; and London Locks and Dam,
Kanawha River, West Virginia, projects; and of which funds are
provided for the following projects in the amounts specified:
San Timoteo Creek (Santa Ana River Mainstem), Cali-
fornia, $7,000,000;
Southern and Eastern Kentucky, Kentucky, $3,000,000;
and
Clover Fork, City of Cumberland, Town of Martin, Pike
County (including Levisa Fork and Tug Fork Tributaries), Bell
County, Harlan County in accordance with the Draft Detailed
Report dated January 2002, Floyd County, Martin County,
and Johnson County, Kentucky, elements of the Levisa and