H. R. 2673—121
(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 Assist-
ance 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), in addition, $3,500,000 from funds
previously appropriated in this Act under the heading ‘‘Federal
Payment for Transportation Assistance’’: Provided, That this appro-
priation 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 Certifi-
cates of Participation, issued to finance the ground lease underlying
the building located at One Judiciary Square, $4,911,000 from
local funds.
H. R. 2673—122
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) to be transferred by the Mayor of the District
of Columbia within the various appropriations headings in this
Act: Provided, That $11,455,000 from local funds shall be for antici-
pated costs associated with the No Child Left Behind Act.
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 Amend-
ment Act of 2003 (D.C. Act 15–106): 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.
H. R. 2673—123
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, $229,807,000, to be distributed as
follows: $99,449,000 for the Blue Plains Wastewater Treatment
Plant, $16,739,000 for the sewer program, $72,047,000 for the com-
bined 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, $30,000,000 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 gen-
eral 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, estab-
lished 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
H. R. 2673—124
the Congress and to the Council of the District of Columbia a
quarterly report of the allocations of charges by fund and of expendi-
tures 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, $8,150,000 from funds pre-
viously appropriated in this Act under the heading ‘‘Federal Pay-
ment for Capital Development in the District of Columbia’’ and
$5,000,000 from funds previously appropriated in this Act under
the heading ‘‘Federal Payment for the Anacostia Waterfront Initia-
tive’’: Provided, That funds for use of each capital project imple-
menting 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—DC SCHOOL CHOICE
INCENTIVE ACT OF 2003
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘DC School Choice Incentive
Act of 2003’’.
SEC. 302. 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 as well as under other public school choice pro-
grams, is inadequate due to capacity constraints. Available
H. R. 2673—125
educational alternatives to the public schools are insufficient
and more educational options are needed. In particular, funds
are needed to assist low-income parents to exercise choice
among enhanced public opportunities and private educational
environments, whether religious or nonreligious. Therefore, in
keeping with the spirit of the No Child Left Behind Act of
2001, school choice options, in addition to those already avail-
able 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), adminis-
tered in 2000, a lower percentage of 4th-grade students in
the District of Columbia demonstrated proficiency than was
the case for any State. Seventy-six percent of the District
of Columbia 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 the District of Columbia fourth-graders could read pro-
ficiently, 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, 536 U.S. 639 (2002), 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.
(5) The Mayor of the District of Columbia, the Chairman
of the Education Committee of the City Council of the District
of Columbia, and the President of the District of Columbia
Board of Education support this title.
(6) This title provides additional money for the District
of Columbia public schools and therefore money for scholarships
is not being taken out of money that would otherwise go to
the District of Columbia public schools.
(7) This title creates a 5-year program tailored to the
current needs and particular circumstances of low-income chil-
dren in District of Columbia schools. This title does not estab-
lish parameters or requirements for other school choice pro-
grams.
SEC. 303. 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 schools 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. 304. GENERAL AUTHORITY.
(a) AUTHORITY.—From funds appropriated to carry out this
title, the Secretary shall award grants on a competitive basis to
H. R. 2673—126
eligible entities with approved applications under section 305 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.
(c) MEMORANDUM OF UNDERSTANDING.—The Secretary and the
Mayor of the District of Columbia shall enter into a memorandum
of understanding, as described in the statement of the managers,
regarding the design of, selection of eligible entities to receive
grants under, and implementation of, a program assisted under
this title.
SEC. 305. 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 306;
(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 admis-
sion through a random selection process which gives weight
to the priorities described in section 306;
(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 selec-
tion process;
(D) how the entity will notify parents of eligible stu-
dents of the expanded choice opportunities and how the
entity will ensure that parents receive sufficient informa-
tion about their options to allow the parents to make
informed decisions;
(E) the activities that the entity will carry out to pro-
vide parents of eligible students with expanded choice
opportunities through the awarding of scholarships under
section 307(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
schools and secondary schools in the District of Columbia
to participate in the program, and will ensure that partici-
pating 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 and will use the funds
received under this title effectively;
H. R. 2673—127
(I) how the entity will address the renewal of scholar-
ships 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 resi-
dents of the District of Columbia; and
(2) an assurance that the entity will comply with all
requests regarding any evaluation carried out under section
309.
SEC. 306. 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 school 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 edu-
cational options; and
(3) provide students and families with the widest range
of educational options.
SEC. 307. USE OF FUNDS.
(a) SCHOLARSHIPS.—
(1) IN
GENERAL.—Subject to paragraphs (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 school 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 scholar-
ship 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 accord-
ance 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 assist-
ance provided to any eligible student by a grantee under
a program under this title may not exceed $7,500 for any
academic year.
(4) CONTINUATION
OF
SCHOLARSHIPS.—Notwithstanding
section 312(3)(B), an eligible entity receiving a grant under
this title may award a scholarship, for the second or any
H. R. 2673—128
succeeding year of an eligible student’s participation in a pro-
gram under this title, to a student who comes from a household
whose income does not exceed 200 percent of the poverty line.
(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
the scholarships 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. 308. NONDISCRIMINATION.
(a) IN GENERAL.—An eligible entity or a school participating
in any program under this title shall not discriminate 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 discrimination in subsection (a)
shall not apply to a participating school that is operated by,
supervised by, controlled 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 ACTIVITIES.—Notwith-
standing 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 title, the provi-
sions of section 909 of the Education Amendments of 1972
(20 U.S.C. 1688) shall apply to this title as if section 909
of the Education Amendments of 1972 (20 U.S.C. 1688) were
part of this title.
(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
that is operated by, supervised by, controlled by, or connected
to, a religious organization may exercise its right in matters
of employment consistent with title VII of the Civil Rights
Act of 1964 (42 U.S.C. 2000e–1 et seq.), including the exemp-
tions in such title.
(2) MAINTENANCE OF PURPOSE.—Notwithstanding any other
provision of law, funds made available under this title to eligible
students that are received by a participating school, as a result
of their parents’ choice, shall not, consistent with the first
H. R. 2673—129
amendment of the United States Constitution, necessitate any
change in the participating school’s teaching mission, require
any participating school to remove religious art, icons, scrip-
tures, or other symbols, or preclude any participating school
from retaining religious terms in its name, selecting its board
members on a religious basis, or including 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 pro-
gram.
SEC. 309. EVALUATIONS.
(a) IN GENERAL.—
(1) DUTIES OF THE SECRETARY AND THE MAYOR.—The Sec-
retary and the Mayor of the District of Columbia shall jointly
select an independent entity to evaluate annually the perform-
ance of students who received scholarships under the 5-year
program under this title, and shall make the evaluations public
in accordance with subsection (c).
(2) DUTIES OF THE SECRETARY.—The Secretary, through
a grant, contract, or cooperative agreement, shall—
(A) ensure that the evaluation is conducted using the
strongest possible research design for determining the
effectiveness of the programs funded under this title that
addresses the issues described in paragraph (4); and
(B) disseminate information on the impact of the pro-
grams in increasing the student academic achievement of
participating students, and on the impact of the programs
on students and schools in the District of Columbia.
(3) DUTIES OF THE INDEPENDENT ENTITY.—The independent
entity shall—
(A) measure the academic achievement of all partici-
pating eligible students;
(B) use the same grade appropriate measurement every
school year to assess participating eligible students as the
measurement used by the District of Columbia Public
Schools to assess District of Columbia Public School stu-
dents in the first year of the program; and
(C) work with the eligible entities to ensure that the
parents of each student who applies for a scholarship under
this title (regardless of whether the student receives the
scholarship) and the parents of each student participating
in the scholarship program under this title, agree that
the student will participate in the measurements given
annually by the independent entity for the period for which
the student applied for or received the scholarship, respec-
tively.
(4) ISSUES TO BE EVALUATED.—The issues to be evaluated
include the following: