[Congressional Record Volume 149, Number 132 (Wednesday, September 24, 2003)]
[Senate]
[Pages S11916-S11927]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1783. Mr. DeWINE (for himself and Ms. Landrieu) proposed an 
amendment to the bill H.R. 2765, making appropriations for the 
government of the District of Columbia and other activities chargeable 
in whole or in part against the revenues of said District for the 
fiscal year ending September 30, 2004, and for other purposes; as 
follows:

       That the following sums are appropriated, out of any money 
     in the Treasury not otherwise appropriated, for the District 
     of Columbia and related agencies for the fiscal year ending 
     September 30, 2004, and for other purposes, namely:

                         TITLE I--FEDERAL FUNDS

              Federal Payment for Resident Tuition Support

       For a Federal payment to the District of Columbia, to be 
     deposited into a dedicated

[[Page S11918]]

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

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

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

Federal Payment for Hospital Bioterrorism Preparedness in the District 
                              of Columbia

       For a Federal payment to support hospital bioterrorism 
     preparedness in the District of Columbia, $10,000,000, of 
     which $7,000,000 shall be for the Children's National Medical 
     Center in the District of Columbia for the expansion of 
     quarantine facilities and the establishment of a 
     decontamination facility, and $3,000,000 shall be for the 
     Washington Hospital Center for construction of containment 
     facilities.

           Federal Payment to the District of Columbia Courts

       For salaries and expenses for the District of Columbia 
     Courts, $172,104,000, to be allocated as follows: for the 
     District of Columbia Court of Appeals, $8,775,000, of which 
     not to exceed $1,500 is for official reception and 
     representation expenses; for the District of Columbia 
     Superior Court, $83,387,000, of which not to exceed $1,500 is 
     for official reception and representation expenses; for the 
     District of Columbia Court System, $40,006,000, of which not 
     to exceed $1,500 is for official reception and representation 
     expenses; and $39,936,000 for capital improvements for 
     District of Columbia courthouse facilities: Provided, That 
     funds made available for capital improvements shall be 
     expended consistent with the General Services Administration 
     master plan study and building evaluation report: Provided 
     further, That notwithstanding any other provision of law, all 
     amounts under this heading shall be apportioned quarterly by 
     the Office of Management and Budget and obligated and 
     expended in the same manner as funds appropriated for 
     salaries and expenses of other Federal agencies, with payroll 
     and financial services to be provided on a contractual basis 
     with the General Services Administration (GSA), said services 
     to include the preparation of monthly financial reports, 
     copies of which shall be submitted directly by GSA to the 
     President and to the Committees on Appropriations of the 
     House of Representatives and Senate, the Committee on 
     Government Reform of the House of Representatives, and the 
     Committee on Governmental Affairs of the Senate: Provided 
     further, That funds made available for capital improvements 
     may remain available until September 30, 2005: Provided 
     further, That 30 days after providing written notice to the 
     Committees on Appropriations of the House of Representatives 
     and Senate, the District of Columbia Courts may reallocate 
     not more than $1,000,000 of the funds provided under this 
     heading among the items and entities funded under such 
     heading.

            Defender Services in District of Columbia Courts

       For payments authorized under section 11-2604 and section 
     11-2605, D.C. Official Code (relating to representation 
     provided under the District of Columbia Criminal Justice 
     Act), payments for counsel appointed in adoption proceedings 
     under Chapter 3 of title 16, D.C. Code, payments for counsel 
     appointed in proceedings in the Family Court of the Superior 
     Court of the District of Columbia under chapter 23 of title 
     16, D.C. Official Code or pursuant to a contract with a non-
     profit organization to provide guardian ad litem 
     representation, training, technical assistance and such other 
     services as are necessary to improve the quality of guardian 
     ad litem representation, and payments for counsel authorized 
     under section 21-2060, D.C. Official Code (relating to 
     representation provided under the District of Columbia 
     Guardianship, Protective Proceedings, and Durable Power of 
     Attorney Act of 1986), $32,000,000, to remain available until 
     expended: Provided, That funds provided under this heading 
     shall be administered by the Joint Committee on Judicial 
     Administration in the District of Columbia: Provided further, 
     That notwithstanding any other provision of law, this 
     appropriation shall be apportioned quarterly by the Office of 
     Management and Budget and obligated and expended in the same 
     manner as funds appropriated for expenses of other Federal 
     agencies, with payroll and financial services to be provided 
     on a contractual basis with the General Services 
     Administration (GSA), said services to include the 
     preparation of monthly financial reports, copies of which 
     shall be submitted directly by GSA to the President and to 
     the Committees on Appropriations of the House of 
     Representatives and Senate, the Committee on Government 
     Reform of the House of Representatives, and the Committee on 
     Governmental Affairs of the Senate.

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


                     (including transfer of funds)

       For salaries and expenses, including the transfer and hire 
     of motor vehicles, of the Court Services and Offender 
     Supervision Agency for the District of Columbia, and the 
     Public Defender Service for the District of Columbia as 
     authorized by the National Capital Revitalization and Self-
     Government Improvement Act of 1997, $173,396,000, of which 
     not to exceed $25,000 is for dues and assessments relating to 
     the implementation of the Court Services and Offender 
     Supervision Agency Interstate Supervision Act of 2002, of 
     which not to exceed $2,000 is for official receptions and 
     representation expenses related to Community and Pretrial 
     Services Agency Programs; of which $110,775,000 shall be for 
     necessary expenses of Community Supervision and Sex Offender 
     Registration, to include expenses relating to the supervision 
     of adults subject to protection orders or the provision of 
     services for or related to such persons; of which $25,210,000 
     shall be transferred to the Public Defender Service for the 
     District of Columbia to include expenses relating to the 
     provision of legal representation and including related 
     services provided to the local courts and Criminal Justice 
     Act bar; and of which $37,411,000 shall be available to the 
     Pretrial Services Agency: Provided, That notwithstanding any 
     other provision of law, all amounts under this heading shall 
     be apportioned quarterly by the Office of Management and 
     Budget and obligated and expended in the same manner as funds 
     appropriated for salaries and expenses of other Federal 
     agencies: Provided further, That notwithstanding chapter 33 
     of title 40, United States Code, the Director shall acquire 
     by purchase, lease, condemnation, or donation, and renovate 
     as necessary, Building Number 17, 1900 Massachusetts Avenue, 
     Southeast, Washington, District of Columbia to house or 
     supervise offenders and defendants, with funds made available 
     for this purpose in Public Law 107-96: Provided further, That 
     the Director is authorized to accept and use gifts in the 
     form of in-kind contributions of space and hospitality to 
     support offender and defendant programs, and equipment and 
     vocational training services to educate and train offenders 
     and defendants: Provided further, That the Director shall 
     keep accurate and detailed records of the acceptance and use 
     of any gift or donation under the previous proviso, and shall 
     make such records available for audit and public inspection: 
     Provided further, That the Director is authorized to accept 
     appropriation reimbursements from the District of Columbia 
     Government for space and services provided on a cost 
     reimbursable basis: Provided further, That these 
     reimbursements are subject to approved apportionments from 
     the Office of Management and Budget.

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

       For a Federal payment to the Chief Financial Officer of the 
     District of Columbia, $20,000,000: Provided, That these funds 
     shall be available for the projects and in the amounts 
     specified in the statement of the managers on the conference 
     report accompanying this Act: Provided further, That each 
     entity that receives funding under this heading shall submit 
     to the Committees on Appropriations of the House of 
     Representatives and Senate a report due March 15, 2004, on 
     the activities carried out with such funds.

             Federal Payment for Transportation Assistance

       For a Federal payment to the District of Columbia 
     Department of Transportation,

[[Page S11919]]

     $3,500,000, of which $500,000 shall be allocated to implement 
     a downtown circulator transit system, and of which $3,000,000 
     shall be to offset a portion of the District of Columbia's 
     allocated operating subsidy payment to the Washington 
     Metropolitan Area Transit Authority.

 Federal Payment to the District of Columbia Water and Sewer Authority

       For a Federal payment to the District of Columbia Water and 
     Sewer Authority, $25,000,000, to remain available until 
     expended, to continue implementing the Combined Sewer 
     Overflow Long-Term Control Plan: Provided, That the District 
     of Columbia Water and Sewer Authority provides a 100 percent 
     match for the fiscal year 2004 Federal contribution.

Federal Payment for the Anacostia Waterfront Initiative in the District 
                              of Columbia

       For a Federal payment to the District of Columbia 
     Department of Transportation, for implementation of the 
     Anacostia Waterfront Initiative, $6,000,000, to remain 
     available until expended.

  Federal Payment to the District of Columbia for Capital Development

       For a Federal payment to the District of Columbia for 
     capital development, $5,000,000, to remain available until 
     expended, for the Unified Communications Center.

         Federal Payment to Children's National Medical Center

       For a Federal payment to Children's National Medical 
     Center, $10,000,000, for construction costs associated with 
     the expansion of a neo-natal care unit, pediatric intensive 
     care unit, and cardiac intensive care unit.

 Federal Payment to St. Coletta of Greater Washington Expansion Project

       For a Federal payment to St. Coletta of Greater Washington, 
     Inc., $2,000,000, for costs associated with establishment of 
     a day program and comprehensive case management services for 
     mentally retarded and multiple-handicapped adolescents and 
     adults in the District of Columbia, including property 
     acquisition and construction.

    Federal Payment for Foster Care Improvements in the District of 
                                Columbia

       For a Federal payment to the District of Columbia for 
     foster care improvements, $14,000,000: Provided, That 
     $9,000,000 shall be for the Child and Family Services Agency, 
     of which $2,000,000 shall be to establish an early 
     intervention unit to provide intensive and immediate services 
     for foster children; of which $1,000,000 shall be to 
     establish an emergency support fund to purchase items 
     necessary to allow children to remain in the care of an 
     approved family member; of which $3,000,000 shall be for a 
     loan repayment program for social workers who meet certain 
     agency-established requirements; of which $3,000,000 shall be 
     to upgrade the agency's computer database to a web-based 
     technology and to provide computer technology for social 
     workers: Provided further, That $3,900,000 shall be for the 
     Department of Mental Health to provide all court-ordered 
     mental health assessments and treatments for children under 
     the supervision of the Child and Family Services Agency: 
     Provided further, That the Director of the Department of 
     Mental Health shall ensure that court-ordered mental health 
     assessments are completed within 15 days of the court order 
     and that all assessments be provided to the Court within 5 
     days of completion of the assessment: Provided further, That 
     the Director shall initiate court-ordered mental health 
     services within 10 days of the issuance of an order: Provided 
     further, That $1,100,000 shall be for the Washington 
     Metropolitan Council of Governments to develop a program to 
     provide respite care for and recruitment of foster parents: 
     Provided further, That the Mayor shall submit a detailed 
     expenditure plan for the use of funds provided under this 
     heading within 15 days of enactment of this legislation to 
     the Committees on Appropriations of the House of 
     Representatives and Senate: Provided further, That the funds 
     provided under this heading shall not be made available until 
     30 calendar days after the submission to Congress of a 
     spending plan: Provided further, That no part of this 
     appropriation may be used for contractual community-based 
     services: Provided further, That the Comptroller General 
     shall prepare and submit to the Committees on Appropriations 
     of the House and Senate an accounting of all obligations and 
     expenditures of the funds provided under this heading: 
     Provided further, That the Comptroller General shall initiate 
     management reviews of the Child and Family Services Agency 
     and the Department of Mental Health and submit a report to 
     the Committees on Appropriations of the House and Senate no 
     later than 6 months after enactment of this Act.

                 Federal Payment for School Improvement

       For a Federal payment for a School Improvement Program in 
     the District of Columbia, $40,000,000, to be allocated as 
     follows: for the State Education Office, $13,000,000 to 
     improve public school education in the District of Columbia; 
     for the State Education Office, $13,000,000 to expand quality 
     charter schools in the District of Columbia; for the 
     Secretary of the Department of Education, $13,000,000 to 
     administer opportunity scholarships for students in the 
     District of Columbia in accordance with title II of this Act: 
     Provided further, That $1,000,000 shall be for administrative 
     expenses necessary for carrying out title II of this Act: 
     Provided, That the State Education Office shall submit a plan 
     for the use of funds provided under this heading for public 
     school education to the Committees on Appropriations of the 
     House of Representatives and Senate within 30 days of 
     enactment of this Act: Provided further, That the funds 
     provided under this heading for public school education shall 
     not be made available until 30 calendar days after the 
     submission of a spending plan by the State Education Office 
     to the Committees on Appropriations of the House of 
     Representatives and Senate.

        TITLE II--DC STUDENT OPPORTUNITY SCHOLARSHIP ACT OF 2003

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``DC Student Opportunity 
     Scholarship Act of 2003''.

     SEC. 2. 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, available 
     educational alternatives to the public schools are 
     inadequate, 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.
       (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 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 proficiently, while 72 percent were below basic. 
     At the 8th-grade level, 12 percent were proficient or 
     advanced and 56 percent were below basic.
       (4) A program enacted for the valid secular purpose of 
     providing educational assistance to low-income children in a 
     demonstrably failing public school system is constitutional 
     under Zelman v. Simmons-Harris, 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 and the President 
     of the District of Columbia Board of Education support this 
     Act.
       (6) This Act provides additional money for the District of 
     Columbia public schools and therefore money for vouchers is 
     not being taken out of money that would otherwise go to the 
     District of Columbia public schools.
       (7) This Act creates a 5-year pilot program tailored to the 
     current needs and particular circumstances of low-income 
     children in District of Columbia schools. This Act does not 
     establish parameters or requirements for other school choice 
     programs.

     SEC. 3. PURPOSE.

       The purpose of this Act 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. 4. GENERAL AUTHORITY.

       (a) Authority.--From funds appropriated to carry out this 
     Act, the Secretary shall award grants on a competitive basis 
     to eligible entities with approved applications under section 
     5 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 Act.
       (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 regarding the design of, 
     selection of eligible entities to receive grants under, and 
     implementation of, a program assisted under this Act.

     SEC. 5. APPLICATIONS.

       (a) In General.--In order to receive a grant under this 
     Act, 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 Act unless the 
     entity's application includes--
       (1) a detailed description of--
       (A) how the entity will address the priorities described in 
     section 6;
       (B) how the entity will ensure that if more eligible 
     students seek admission in the program than the program can 
     accommodate, eligible students are selected for admission 
     through a random selection process which

[[Page S11920]]

     gives weight to the priorities described in section 6;
       (C) how the entity will ensure that if more participating 
     eligible students seek admission to a participating school 
     than the school can accommodate, participating eligible 
     students are selected for admission through a random 
     selection process;
       (D) how the entity will notify parents of eligible students 
     of the expanded choice opportunities and how the entity will 
     ensure that parents receive sufficient information about 
     their options to allow the parents to make informed 
     decisions;
       (E) the activities that the entity will carry out to 
     provide parents of eligible students with expanded choice 
     opportunities through the awarding of scholarships under 
     section 7(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 
     participating schools will meet the applicable requirements 
     of this Act (including those related to the admission of 
     participating eligible students) and provide the information 
     needed for the entity to meet the reporting requirements of 
     this Act;
       (H) how the entity will ensure that participating schools 
     are financially responsible and will use the funds received 
     under this title effectively;
       (I) how the entity will address the renewal of scholarships 
     to participating eligible students, including continued 
     eligibility; and
       (J) how the entity will ensure that a majority of its 
     voting board members or governing organization are residents 
     of the District of Columbia; and
       (2) an assurance that the entity will comply with all 
     requests regarding any evaluation carried out under section 
     9.

     SEC. 6. PRIORITIES.

       In awarding grants under this Act, 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 
     educational options; and
       (3) provide students and families with the widest range of 
     educational options.

     SEC. 7. 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 Act to an 
     eligible student participating in the program does not exceed 
     the amount of tuition or fees that the school customarily 
     charges to students who do not participate in the program.
       (2) Payments to parents.--A grantee shall make scholarship 
     payments under the program under this Act to the parent of 
     the eligible student participating in the program, in a 
     manner which ensures that such payments will be used for the 
     payment of tuition, fees, and transportation expenses (if 
     any), in accordance with this Act.
       (3) Amount of assistance.--
       (A) Varying amounts permitted.--Subject to the other 
     requirements of this section, a grantee may award 
     scholarships in larger amounts to those eligible students 
     with the greatest need.
       (B) Annual limit on amount.--The amount of assistance 
     provided to any eligible student by a grantee under a program 
     under this Act may not exceed $7,500 for any academic year.
       (4) Continuation of scholarships.--Notwithstanding section 
     12(3)(B), an eligible entity receiving a grant under this Act 
     may award a scholarship, for the second or any succeeding 
     year of an eligible student's participation in a program 
     under this Act, 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 Act 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. 8. NONDISCRIMINATION.

       (a) In General.--An eligible entity or a school 
     participating in any program under this Act 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) Applicability.--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 of the school.
       (2) Single sex schools, classes, or activities.--
     Notwithstanding subsection (a) or any other provision of law, 
     a parent may choose and a school may offer a single sex 
     school, class, or activity.
       (c) Children With Disabilities.--Nothing in this Act 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 Act 
     that is operated by, supervised by, controlled by, or 
     connected to, a religious organization may exercise its 
     discretion 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 exemptions in such title.
       (2) Maintenance of purpose.--Notwithstanding any other 
     provision of law, funds made available under this Act to 
     eligible students that are received by a participating 
     school, as a result of their parents' choice, shall not, 
     consistent with the first 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, scriptures, 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 Act 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 Act shall not be treated as income of the parents 
     for purposes of Federal tax laws or for determining 
     eligibility for any other Federal program.

     SEC. 9. EVALUATIONS.

       (a) In General.--
       (1) Duties of secretary.--The Secretary, directly or by 
     grant, contract, or cooperative agreement, shall--
       (A) conduct an evaluation using the strongest possible 
     research design for determining the effectiveness of the 
     programs funded under this Act that addresses the issues 
     described in paragraph (2); and
       (B) disseminate information on the impact of the programs 
     in increasing the student academic achievement of 
     participating students, as well as other appropriate measures 
     of student success, and on the impact of the programs on 
     students and schools in the District of Columbia.
       (2) Issues to be evaluated.--The issues described in this 
     paragraph include the following:
       (A) A comparison of the academic achievement of students 
     who participate in the programs funded under this Act with 
     the academic achievement of students of similar backgrounds 
     who do not participate in such programs, including a 
     consideration of school factors that may contribute to any 
     differences in their academic achievement.
       (B) The success of the programs in expanding choice options 
     for parents.
       (C) The reasons parents choose for their children to 
     participate in the programs.
       (D) A comparison of the retention rates, dropout rates, and 
     (if appropriate) graduation and college admission rates of 
     students who participate in the programs funded under this 
     Act with the retention rates, dropout rates, and (if 
     appropriate) graduation and college admission rates of 
     students of similar backgrounds who do not participate in 
     such programs.
       (E) The impact of the program on students and public 
     elementary schools and secondary schools in the District of 
     Columbia.
       (F) A comparison of the safety of the schools attended by 
     students who participate in the programs and the schools 
     attended by students who do not participate in the programs.
       (G) Such other issues as the Secretary considers 
     appropriate for inclusion in the evaluation.
       (b) Reports.--The Secretary shall submit to the Committees 
     on Appropriations, Education and the Workforce, and 
     Government Reform of the House of Representatives and the 
     Committees on Appropriations, Health, Education, Labor, and 
     Pensions, and Governmental Affairs of the Senate--
       (1) annual interim reports not later than December 1 of 
     each year for which a grant is

[[Page S11921]]

     made under this Act on the progress and preliminary results 
     of the evaluation of the programs funded under this Act; and
       (2) a final report not later than 1 year after the final 
     year for which a grant is made under this Act on the results 
     of the evaluation of the programs funded under this Act.
       (c) Public Availability.--All reports and underlying data 
     gathered pursuant to this section shall be made available to 
     the public upon request, in a timely manner following 
     submission of the applicable report under subsection (b), 
     except that personally identifiable information shall not be 
     disclosed or made available to the public.
       (d) Limit on Amount Expended.--The amount expended by the 
     Secretary to carry out this section for any fiscal year may 
     not exceed 3 percent of the total amount appropriated to 
     carry out this Act for the year.

     SEC. 10. REPORTING REQUIREMENTS.

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

     SEC. 11. OTHER REQUIREMENTS FOR PARTICIPATING SCHOOLS.

       (a) Requests for Data and Information.--Each school 
     participating in a program funded under this Act shall comply 
     with all requests for data and information regarding 
     evaluations conducted under section 9(a).
       (b) Rules of Conduct and Other School Policies.--A 
     participating school may require eligible students to abide 
     by any rules of conduct and other requirements applicable to 
     all other students at the school.
       (c) Assessments.--Each participating school shall--
       (1) ensure that participating eligible students receive 
     comparable academic assessments in the same grade levels as 
     those provided to District of Columbia public school 
     students, and ensure, to the maximum extent possible, that 
     the assessment results are capable of being compared to 
     determine the relative achievement levels between 
     participating eligible students and District of Columbia 
     public school students in the same grades; and
       (2) ensure academic assessment results containing any 
     personally identifiable information shall be disclosed only 
     to the parents of the student taking the assessment.

     SEC. 12. DEFINITIONS.

       As used in this Act:
       (1) Elementary school.--The term ``elementary school'' 
     means an institutional day or residential school, including a 
     public elementary charter school, that provides elementary 
     education, as determined under District of Columbia law.
       (2) Eligible entity.--The term ``eligible entity'' means 
     any of the following:
       (A) An educational entity of the District of Columbia 
     Government.
       (B) A nonprofit organization.
       (C) A consortium of nonprofit organizations.
       (3) Eligible student.--The term ``eligible student'' means 
     a student who--
       (A) is a resident of the District of Columbia; and
       (B) comes from a household whose income does not exceed 185 
     percent of the poverty line.
       (4) Parent.--The term ``parent'' has the meaning given that 
     term in section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801).
       (5) Poverty line.--The term ``poverty line'' has the 
     meaning given that term in section 9101 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7801).
       (6) Secondary school.--The term ``secondary school'' means 
     an institutional day or residential school, including a 
     public secondary charter school, as determined under District 
     of Columbia law, except that the term does not include any 
     education beyond grade 12.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.

     SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     Act such sums as may be necessary.

                 TITLE III--DISTRICT OF COLUMBIA FUNDS

                           OPERATING EXPENSES

                          Division of Expenses

       The following amounts are appropriated for the District of 
     Columbia for the current fiscal year out of the general fund 
     of the District of Columbia, except as otherwise specifically 
     provided: Provided, That notwithstanding any other provision 
     of law, except as provided in section 450A of the District of 
     Columbia Home Rule Act and provisions of this Act (D.C. 
     Official Code, sec. 1-204.50a), the total amount appropriated 
     in this Act for operating expenses for the District of 
     Columbia for fiscal year 2004 under this heading shall not 
     exceed the lesser of the sum of the total revenues of the 
     District of Columbia for such fiscal year or $6,326,138,000 
     (of which $3,832,734,000 shall be from local funds (of which 
     $96,248,000 shall be funds identified in the fiscal year 2002 
     comprehensive annual financial report as the District of 
     Columbia's fund balance funds), $1,568,734,000 shall be from 
     Federal grant funds, $13,766,000 shall be from private funds, 
     $910,904,000 shall be from other funds) and $109,500,000 from 
     funds previously appropriated in this Act as Federal 
     payments: Provided further, That an amount of $263,759,000 
     shall be for Intra-District funds: Provided further, That 
     this amount may be increased by proceeds of one-time 
     transactions, which are expended for emergency or 
     unanticipated operating or capital needs: Provided further, 
     That such increases shall be approved by enactment of local 
     District law and shall comply with all reserve requirements 
     contained in the District of Columbia Home Rule Act: Provided 
     further, That the Chief Financial Officer of the District of 
     Columbia shall take such steps as are necessary to assure 
     that the District of Columbia meets these requirements, 
     including the apportioning by the Chief Financial Officer of 
     the appropriations and funds made available to the District 
     during fiscal year 2004, except that the Chief Financial 
     Officer may not reprogram for operating expenses any funds 
     derived from bonds, notes, or other obligations issued for 
     capital projects.

                   Governmental Direction and Support

       Governmental direction and support, $284,415,000 (including 
     $206,825,000 from local funds, $57,440,000 from Federal 
     funds, and $20,150,000 from other funds), in addition, 
     $20,000,000 from funds previously appropriated in this Act 
     under the heading ``Federal Payment to the Chief Financial 
     Officer of the District of Columbia'', and $1,100,000 from 
     funds previously appropriated in this Act under the heading 
     ``Federal Payment for Foster Care Improvement in the District 
     of Columbia'': Provided, That not to exceed $2,500 for the 
     Mayor, $2,500 for the Chairman of the Council of the District 
     of Columbia, $2,500 for the City Administrator, and $2,500 
     for the Office of the Chief Financial Officer shall be 
     available from this appropriation for official purposes: 
     Provided further, That any program fees collected from the 
     issuance of debt shall be available for the payment of 
     expenses of the debt management program of the District of 
     Columbia: Provided further, That no revenues from Federal 
     sources shall be used to support the operations or activities 
     of the Statehood Commission and Statehood Compact Commission: 
     Provided further, That the District of Columbia shall 
     identify the sources of funding for Admission to Statehood 
     from its own locally generated revenues: Provided further, 
     That notwithstanding any other provision of law, or Mayor's 
     Order 86-45, issued March 18, 1986, the Office of the Chief 
     Technology Officer's delegated small purchase authority shall 
     be $500,000: Provided further, That the District of Columbia 
     government may not require the Office of the Chief Technology 
     Officer to submit to any other procurement review process, or 
     to obtain the approval of or be restricted in any manner by 
     any official or employee of the District of Columbia 
     government, for purchases that do not exceed $500,000: 
     Provided further, That an amount not to exceed $25,000 of the 
     funds in the Antifraud Fund established pursuant to section 
     820 of the District of Columbia Procurement Practices Act of 
     1985, effective May 8, 1998 (D.C. Law 12-104; D.C. Official 
     Code, sec. 2-308.20), is hereby made available, to remain 
     available until expended, for the use of the Office of the 
     Corporation Counsel of the District of Columbia in accordance 
     with the laws establishing this fund.

                  Economic Development and Regulation

       Economic development and regulation, $276,647,000 
     (including $53,336,000 from local

[[Page S11922]]

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

                       Public Safety and Justice

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

                        Public Education System


                     (including transfers of funds)

       Public education system, including the development of 
     national defense education programs, $1,157,841,000 
     (including $962,941,000 from local funds, $156,708,000 from 
     Federal grant funds, $4,302,000 from private funds, and not 
     to exceed $6,816,000, to remain available until expended, 
     from the Medicaid and Special Education Reform Fund), in 
     addition, $17,000,000 from funds previously appropriated in 
     this Act under the heading ``Federal Payment for Resident 
     Tuition Support'' and $26,000,000 from funds previously 
     appropriated in this Act under the heading ``Federal Payment 
     for School Improvement in the District of Columbia'', to be 
     allocated as follows:
       (1) District of columbia public schools.--$870,135,000 
     (including $738,444,000 from local funds, $114,749,000 from 
     Federal funds, $3,599,000 from private funds, and $6,527,000 
     from other funds shall be available for District of Columbia 
     Public Schools: Provided, That notwithstanding any other 
     provision of law, rule, or regulation, the evaluation process 
     and instruments for evaluating District of Columbia Public 
     School employees shall be a non-negotiable item for 
     collective bargaining purposes: Provided further, That this 
     appropriation shall not be available to subsidize the 
     education of any nonresident of the District of Columbia at 
     any District of Columbia public elementary or secondary 
     school during fiscal year 2004, unless the nonresident pays 
     tuition to the District of Columbia at a rate that covers 100 
     percent of the costs incurred by the District of Columbia 
     that are attributable to the education of the nonresident (as 
     established by the Superintendent of the District of Columbia 
     Public Schools): Provided further, That notwithstanding the 
     amounts otherwise provided under this heading or any other 
     provision of law, there shall be appropriated to the District 
     of Columbia Public Schools on July 1, 2004, an amount equal 
     to 10 percent of the total amount provided for the District 
     of Columbia Public Schools in the proposed budget of the 
     District of Columbia for fiscal year 2005 (as submitted to 
     Congress), and the amount of such payment shall be chargeable 
     against the final amount provided for the District of 
     Columbia Public Schools under the District of Columbia 
     Appropriations Act, 2005: Provided further, That not to 
     exceed $2,500 for the Superintendent of Schools shall be 
     available from this appropriation for official purposes: 
     Provided further, That the District of Columbia Public 
     Schools shall submit to the Board of Education by January 1 
     and July 1 of each year a Schedule A showing all the current 
     funded positions of the District of Columbia Public Schools, 
     their compensation levels, and indicating whether the 
     positions are encumbered: Provided further, That the Board of 
     Education shall approve or disapprove each Schedule A within 
     30 days of its submission and provide the Council of the 
     District of Columbia a copy of the Schedule A upon its 
     approval.
       (2) State education office.--$38,752,000 (including 
     $9,959,000 from local funds, $28,617,000 from Federal grant 
     funds, and $176,000 from other funds), in addition, 
     $17,000,000 from funds previously appropriated in this Act 
     under the heading ``Federal Payment for Resident Tuition 
     Support'' and $26,000,000 from funds previously appropriated 
     in this Act under the heading ``Federal Payment for School 
     Improvement in the District of Columbia'' shall be available 
     for the State Education Office: Provided, That of the amounts 
     provided to the State Education Office, $500,000 from local 
     funds shall remain available until June 30, 2005 for an audit 
     of the student enrollment of each District of Columbia Public 
     School and of each District of Columbia public charter 
     school.
       (3) District of columbia public charter schools.--
     $137,531,000 from local funds shall be available for District 
     of Columbia public charter schools: Provided, That there 
     shall be quarterly disbursement of funds to the District of 
     Columbia public charter schools, with the first payment to 
     occur within 15 days of the beginning of the fiscal year: 
     Provided further, That if the entirety of this allocation has 
     not been provided as payments to any public charter school 
     currently in operation through the per pupil funding formula, 
     the funds shall be available as follows: (1) the first 
     $3,000,000 shall be deposited in the Credit Enhancement 
     Revolving Fund established pursuant to section 603(e) of the 
     Student Loan Marketing Association Reorganization Act of 
     1996, approved September 20, 1996 (Public Law 104-208; 110 
     Stat. 3009; 20 U.S.C. 1155(e)); and (2) the balance shall be 
     for public education in accordance with section 2403(b)(2) of 
     the District of Columbia School Reform Act of 1995, approved 
     November 19, 1997 (Public Law 105-100, section 172; D.C. 
     Official Code, section 38-1804.03(b)(2)): Provided further, 
     That of the amounts made available to District of Columbia 
     public charter schools, $25,000 shall be made available to 
     the Office of the Chief Financial Officer as authorized by 
     section 2403(b)(6) of the District of Columbia School Reform 
     Act of 1995 (D.C. Official Code, sec. 38-1804.03(b)(6)): 
     Provided further, That $660,000 of this amount shall be 
     available to the District of Columbia Public Charter School 
     Board for administrative costs: Provided further, That 
     notwithstanding the amounts otherwise provided under this 
     heading or any other provision of law, there shall be 
     appropriated to the District of Columbia public charter 
     schools on July 1, 2004, an amount equal to 25 percent of the 
     total amount provided for payments to public charter schools 
     in the proposed budget of the District of Columbia for fiscal 
     year 2005 (as submitted to Congress), and the amount of such 
     payment shall be chargeable against the final amount provided 
     for such payments under the District of Columbia 
     Appropriations Act, 2005.
       (4) University of the district of columbia.--$80,660,000 
     (including $48,656,000 from local funds, $11,867,000 from 
     Federal funds, $703,000 from private funds, and $19,434,000 
     from other funds) shall be available for the University of 
     the District of Columbia: Provided, That this appropriation 
     shall not be available to subsidize the education of 
     nonresidents of the District of Columbia at the University of 
     the District of Columbia, unless the Board of Trustees of the 
     University of the District of Columbia adopts, for the fiscal 
     year ending September 30, 2004, a tuition rate schedule that 
     will establish the tuition rate for nonresident students at a 
     level no lower than the nonresident tuition rate charged at 
     comparable public institutions of higher education in the 
     metropolitan area: Provided further, That notwithstanding the 
     amounts otherwise provided under this heading or any other 
     provision of law, there shall be appropriated to the 
     University of the District of Columbia on July 1, 2004, an 
     amount equal to 10 percent of the total amount provided for 
     the University of the District of Columbia in the proposed 
     budget of the District of Columbia for fiscal year 2005 (as 
     submitted to Congress), and the amount of such payment shall 
     be chargeable against the final amount provided for the 
     University of the District of Columbia under the District of 
     Columbia Appropriations Act, 2005: Provided further, That not 
     to exceed $2,500 for the President of the University of the 
     District of Columbia shall be available from this 
     appropriation for official purposes.
       (5) District of columbia public libraries.--$28,287,000 
     (including $26,750,000 from local funds, $1,000,000 from 
     Federal funds, and $537,000 from other funds) shall be 
     available for the District of Columbia Public Libraries: 
     Provided, That not to exceed $2,000 for the Public Librarian 
     shall be available from this appropriation for official 
     purposes.
       (6) Commission on the arts and humanities.--$2,476,000 
     (including $1,601,000 from local funds, $475,000 from Federal 
     funds, and $400,000 from other funds) shall be available 
     for the Commission on the Arts and Humanities.

                         Human Support Services


                     (including transfer of funds)

       Human support services, $2,360,067,000 (including 
     $1,030,223,000 from local funds, $1,247,945,000 from Federal 
     funds, $9,330,000 from private funds, and $24,330,000 from 
     other funds, of which $48,239,000, to remain available until 
     expended, shall be available for deposit in the Medicaid and 
     Special Education Reform Fund established pursuant to the 
     Medicaid and Special Education Reform Fund Establishment Act 
     of 2002, effective October 1, 2002 (D.C. Law 14-190; D.C. 
     Official Code 4-204.51 et seq.)), in addition, $12,900,000 
     from funds previously appropriated in this Act under the 
     heading ``Federal Payment to Foster Care Improvement in the 
     District of Columbia'': Provided, That the funds deposited in 
     the Medicaid and Special Education Reform Fund are allocated 
     as follows: no more than $6,816,000 for District of Columbia 
     Public Schools, no more than $18,744,000 for Child and Family 
     Services, no more than $7,795,000 for the Department of Human 
     Services, and no more than $21,700,000 for the Department of 
     Mental Health: Provided further, That $27,959,000 of this 
     appropriation, to remain available until expended, shall be 
     available solely for District of Columbia employees' 
     disability compensation: Provided further, That $7,500,000 of 
     this appropriation,

[[Page S11923]]

     to remain available until expended, shall be deposited in the 
     Addiction Recovery Fund, established pursuant to section 5 of 
     the Choice in Drug Treatment Act of 2000 (D.C. Law 13-146; 
     D.C. Official Code, sec. 7-3004) and used exclusively for the 
     purpose of the Drug Treatment Choice Program established 
     pursuant to section 4 of the Choice in Drug Treatment Act of 
     2000 (D.C. Law 13-146; D.C. Official Code, sec. 7-3003): 
     Provided further, That no less than $2,000,000 of this 
     appropriation shall be available exclusively for the purpose 
     of funding the pilot substance abuse program for youth ages 
     14 through 21 years established pursuant to section 4212 of 
     the Pilot Substance Abuse Program for Youth Act of 2001 (D.C. 
     Law 14-28; D.C. Official Code, sec. 7-3101): Provided 
     further, That $4,500,000 of this appropriation, to remain 
     available until expended, shall be deposited in the Interim 
     Disability Assistance Fund established pursuant to section 
     201 of the District of Columbia Public Assistance Act of 1982 
     (D.C. Law 4-101; D.C. Official Code, sec. 4-202.01), to be 
     used exclusively for the Interim Disability Assistance 
     program and the purposes for that program set forth in 
     section 407 of the District of Columbia Public Assistance Act 
     of 1982 (D.C. Law 13-252; D.C. Official Code, sec. 4-204.07): 
     Provided further, That no less than $640,531 of this 
     appropriation shall be available exclusively for the purpose 
     of funding the Burial Assistance Program established by 
     section 1802 of the Burial Assistance Program Reestablishment 
     Act of 1999, effective October 20, 1999 (D.C. Law 13-38; D.C. 
     Official Code, section 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 funds, and $13,744,000 from other funds): Provided, 
     That this appropriation shall not be available for collecting 
     ashes or miscellaneous refuse from hotels and places of 
     business.

                Emergency and Contingency Reserve Funds

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

                    Repayment of Loans and Interest

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

              Payment of Interest on Short-Term Borrowing

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

                     Certificates of Participation

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

                       Settlements and Judgments

       For making refunds and for the payment of legal settlements 
     or judgments that have been entered against the District of 
     Columbia government, $22,522,000: 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 
     appropriation headings in this Act: Provided, That $5,000,000 
     in local funds shall be available to meet contractual 
     obligations, and $11,455,000 in local funds shall be for 
     anticipated costs associated with the No Child Left Behind 
     Act.

                 Emergency Planning and Security Costs

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

                       Transportation Assistance

       From funds previously appropriated in this Act under the 
     heading ``Federal Payment for Transportation Assistance'', 
     $3,500,000.

                         Pay-As-You-Go Capital

       For Pay-As-You-Go Capital funds in lieu of capital 
     financing, $11,267,000, to be transferred to the Capital 
     Fund, subject to the Criteria for Spending Pay-as-You-Go 
     Funding Amendment Act of 2003, approved by the Council of the 
     District of Columbia on 1st reading, May 6, 2003 (Title 25 of 
     Bill 15-218). Pursuant to this Act, there are authorized to 
     be transferred from Pay-As-You-Go Capital funds to other 
     headings of this Act, as 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.

                              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, 
     approved April 17, 1995 (Public Law 107-96; D.C. Official 
     Code, section 47-392.02(j)(2)), $50,000,000 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.

                       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 ($18,094,000 and payable to the 
     District's debt service fund).
       For construction projects, $199,807,000, to be distributed 
     as follows: $99,449,000 for the Blue Plains Wastewater 
     Treatment Plant, $16,739,000 for the sewer program, 
     $42,047,000 for the combined sewer program, $42,047,000 for 
     the Combined Sewer Overflow Long-Term Control Plan, 
     $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, $25,000,000 from funds previously 
     appropriated in this Act under the heading ``Federal Payment 
     to the District of Columbia Water and Sewer Authority''.

                          Washington Aqueduct

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

              Stormwater Permit Compliance Enterprise Fund

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

              Lottery and Charitable Games Enterprise Fund

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

                  Sports and Entertainment Commission

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

                 District of Columbia Retirement Board

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

              Washington Convention Center Enterprise Fund

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

              National Capital Revitalization Corporation

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

                             Capital Outlay


                        (including rescissions)

       For construction projects, an increase of $1,004,796,000, 
     of which $601,708,000 shall be from local funds, $46,014,000 
     from Highway Trust funds, $38,311,000 from the Rights-of-way 
     funds, $218,880,000 from Federal 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, $5,000,000 from 
     funds previously appropriated in this Act under the heading 
     ``Federal Payment for Capital Development in the District of 
     Columbia'' and

[[Page S11924]]

     $6,000,000 from funds previously appropriated in this Act for 
     the ``Anacostia Waterfront Initiative'': Provided, That funds 
     for use of each capital project implementing agency shall be 
     managed and controlled in accordance with all procedures and 
     limitations established under the Financial Management 
     System: Provided further, That all funds provided by this 
     appropriation title shall be available only for the specific 
     projects and purposes intended.

                      TITLE IV--GENERAL PROVISIONS

       Sec. 101. Whenever in this Act, an amount is specified 
     within an appropriation for particular purposes or objects of 
     expenditure, such amount, unless otherwise specified, shall 
     be considered as the maximum amount that may be expended for 
     said purpose or object rather than an amount set apart 
     exclusively therefor.
       Sec. 102. Appropriations in this Act shall be available for 
     expenses of travel and for the payment of dues of 
     organizations concerned with the work of the District of 
     Columbia government, when authorized by the Mayor: Provided, 
     That in the case of the Council of the District of Columbia, 
     funds may be expended with the authorization of the Chairman 
     of the Council.
       Sec. 103. There are appropriated from the applicable funds 
     of the District of Columbia such sums as may be necessary for 
     making refunds and for the payment of legal settlements or 
     judgments that have been entered against the District of 
     Columbia government: Provided, That nothing contained in this 
     section shall be construed as modifying or affecting the 
     provisions of section 11(c)(3) of title XII of the District 
     of Columbia Income and Franchise Tax Act of 1947 (D.C. 
     Official Code, sec. 47-1812.11(c)(3)).
       Sec. 104. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 105. No funds appropriated in this Act for the 
     District of Columbia government for the operation of 
     educational institutions, the compensation of personnel, or 
     for other educational purposes may be used to permit, 
     encourage, facilitate, or further partisan political 
     activities. Nothing herein is intended to prohibit the 
     availability of school buildings for the use of any community 
     or partisan political group during non-school hours.
       Sec. 106. None of the funds appropriated in this Act shall 
     be made available to pay the salary of any employee of the 
     District of Columbia government whose name, title, grade, and 
     salary are not available for inspection by the Committees on 
     Appropriations of the House of Representatives and Senate, 
     the Committee on Government Reform of the House of 
     Representatives, the Committee on Governmental Affairs of the 
     Senate, and the Council of the District of Columbia, or their 
     duly authorized representative.
       Sec. 107. None of the Federal funds provided in this Act 
     may 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.
       Sec. 108. (a) None of the Federal funds provided in this 
     Act may be used to carry out lobbying activities on any 
     matter.
       (b) Nothing in this section may be construed to prohibit 
     any elected official from advocating with respect to any 
     issue.
       Sec. 109. (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 expenditure for an 
     agency through a reprogramming of funds which--
       (1) creates new programs;
       (2) eliminates a program, project, or responsibility 
     center;
       (3) establishes or changes allocations specifically denied, 
     limited or increased under this Act;
       (4) increases funds or personnel by any means for any 
     program, project, or responsibility center for which funds 
     have been denied or restricted;
       (5) reestablishes any program or project previously 
     deferred through reprogramming;
       (6) augments any existing program, project, or 
     responsibility center through a reprogramming of funds in 
     excess of $1,000,000 or 10 percent, whichever is less; or
       (7) increases by 20 percent or more personnel assigned to a 
     specific program, project or responsibility center,

     unless the Committees on Appropriations of the House of 
     Representatives and Senate are notified in writing 30 days in 
     advance of the reprogramming.
       (b) None of the local funds contained in this Act may be 
     available for obligation or expenditure for an agency through 
     a transfer of any local funds from one appropriation heading 
     to another unless the Committees on Appropriations of the 
     House of Representatives and Senate are notified in writing 
     30 days in advance of the transfer, except that in no event 
     may the amount of any funds transferred exceed 4 percent of 
     the local funds in the appropriation.
       Sec. 110. 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. 111. Notwithstanding any other provisions of law, the 
     provisions of the District of Columbia Government 
     Comprehensive Merit Personnel Act of 1978 (D.C. Law 2-139; 
     D.C. Official Code, sec. 1-601.01 et seq.), enacted pursuant 
     to section 422(3) of the District of Columbia Home Rule Act 
     (D.C. Official Code, sec. 1-204.22(3)), shall apply with 
     respect to the compensation of District of Columbia 
     employees: Provided, That for pay purposes, employees of the 
     District of Columbia government shall not be subject to the 
     provisions of title 5, United States Code.
       Sec. 112. No later than 30 days after the end of the first 
     quarter of fiscal year 2004, the Mayor of the District of 
     Columbia shall submit to the Council of the District of 
     Columbia and the Committees on Appropriations of the House of 
     Representatives and Senate the new fiscal year 2004 revenue 
     estimates as of the end of such quarter. These estimates 
     shall be used in the budget request for fiscal year 2005. The 
     officially revised estimates at midyear shall be used for the 
     midyear report.
       Sec. 113. No sole source contract with the District of 
     Columbia government or any agency thereof may be renewed or 
     extended without opening that contract to the competitive 
     bidding process as set forth in section 303 of the District 
     of Columbia Procurement Practices Act of 1985 (D.C. Law 6-85; 
     D.C. Official Code, sec. 2-303.03), except that the District 
     of Columbia government or any agency thereof may renew or 
     extend sole source contracts for which competition is not 
     feasible or practical, but only if the determination as to 
     whether to invoke the competitive bidding process has been 
     made in accordance with duly promulgated rules and procedures 
     and has been reviewed and certified by the Chief Financial 
     Officer of the District of Columbia.
       Sec. 114. (a) In the event a sequestration order is issued 
     pursuant to the Balanced Budget and Emergency Deficit Control 
     Act of 1985 after the amounts appropriated to the District of 
     Columbia for the fiscal year involved have been paid to the 
     District of Columbia, the Mayor of the District of Columbia 
     shall pay to the Secretary of the Treasury, within 15 days 
     after receipt of a request therefor from the Secretary of the 
     Treasury, such amounts as are sequestered by the order: 
     Provided, That the sequestration percentage specified in the 
     order shall be applied proportionately to each of the Federal 
     appropriation accounts in this Act that are not specifically 
     exempted from sequestration by such Act.
       (b) For purposes of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, the term ``program, project, and 
     activity'' shall be synonymous with and refer specifically to 
     each account appropriating Federal funds in this Act, and any 
     sequestration order shall be applied to each of the accounts 
     rather than to the aggregate total of those accounts: 
     Provided, That sequestration orders shall not be applied to 
     any account that is specifically exempted from sequestration 
     by the Balanced Budget and Emergency Deficit Control Act of 
     1985.
       Sec. 115. (a)(1) An entity of the District of Columbia 
     government may accept and use a gift or donation during 
     fiscal year 2004 if--
       (A) the Mayor approves the acceptance and use of the gift 
     or donation (except as provided in paragraph (2) of this 
     subsection); and
       (B) the entity uses the gift or donation to carry out its 
     authorized functions or duties.
       (2) The Council of the District of Columbia and the 
     District of Columbia courts may accept and use gifts without 
     prior approval by the Mayor.
       (b) Each entity of the District of Columbia government 
     shall keep accurate and detailed records of the acceptance 
     and use of any gift or donation under subsection (a), and 
     shall make such records available for audit and public 
     inspection.
       (c) For the purposes of this section, the term ``entity of 
     the District of Columbia government'' includes an independent 
     agency of the District of Columbia.
       (d) This section shall not apply to the District of 
     Columbia Board of Education, which may, pursuant to the laws 
     and regulations of the District of Columbia, accept and use 
     gifts to the public schools without prior approval by the 
     Mayor.
       Sec. 116. None of the Federal funds provided in this Act 
     may be used by the District of Columbia to provide for 
     salaries, expenses, or other costs associated with the 
     offices of United States Senator or United States 
     Representative under section 4(d) of the District of Columbia 
     Statehood Constitutional Convention Initiatives of 1979 (D.C. 
     Law 3-171; D.C. Official Code, sec. 1-123).
       Sec. 117. 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. 118. None of the Federal funds made available in this 
     Act may be used to implement or enforce the Health Care 
     Benefits Expansion Act of 1992 (D.C. Law 9-114; D.C. Official 
     Code, sec. 32-701 et seq.) or to otherwise implement or 
     enforce any system of registration of unmarried, cohabiting 
     couples, including but not limited to registration for the 
     purpose of extending employment, health, or governmental 
     benefits to such couples on the same basis that such benefits 
     are extended to legally married couples.
       Sec. 119. (a) Notwithstanding any other provision of this 
     Act, the Mayor, in consultation with the Chief Financial 
     Officer of the

[[Page S11925]]

     District of Columbia may accept, obligate, and expend 
     Federal, private, and other grants received by the District 
     government that are not reflected in the amounts appropriated 
     in this Act.
       (b) No such Federal, private, or other grant may be 
     accepted, obligated, or expended pursuant to subsection (a) 
     until--
       (1) the Chief Financial Officer of the District of Columbia 
     submits to the Council a report setting forth detailed 
     information regarding such grant; and
       (2) the Council within 15 calendar days after receipt of 
     the report submitted under paragraph (1) has reviewed and 
     approved the acceptance, obligation, and expenditure of such 
     grant.
       (c) No amount may be obligated or expended from the general 
     fund or other funds of the District of Columbia government in 
     anticipation of the approval or receipt of a grant under 
     subsection (b)(2) or in anticipation of the approval or 
     receipt of a Federal, private, or other grant not subject to 
     such subsection.
       (d) The Chief Financial Officer of the District of Columbia 
     shall prepare a quarterly report setting forth detailed 
     information regarding all Federal, private, and other grants 
     subject to this section. Each such report shall be submitted 
     to the Council of the District of Columbia and to the 
     Committees on Appropriations of the House of Representatives 
     and Senate not later than 15 days after the end of the 
     quarter covered by the report.
       Sec. 120. (a) Except as otherwise provided in this section, 
     none of the funds made available by this Act or by any other 
     Act may be used to provide any officer or employee of the 
     District of Columbia with an official vehicle unless the 
     officer or employee uses the vehicle only in the performance 
     of the officer's or employee's official duties. For purposes 
     of this paragraph, the term ``official duties'' does not 
     include travel between the officer's or employee's residence 
     and workplace, except in the case of--
       (1) an officer or employee of the Metropolitan Police 
     Department who resides in the District of Columbia or is 
     otherwise designated by the Chief of the Department;
       (2) at the discretion of the Fire Chief, an officer or 
     employee of the District of Columbia Fire and Emergency 
     Medical Services Department who resides in the District of 
     Columbia and is on call 24 hours a day;
       (3) the Mayor of the District of Columbia; and
       (4) the Chairman of the Council of the District of 
     Columbia.
       (b) The Chief Financial Officer of the District of Columbia 
     shall submit by March 1, 2004 an inventory, as of September 
     30, 2003, of all vehicles owned, leased or operated by the 
     District of Columbia government. The inventory shall include, 
     but not be limited to, the department to which the vehicle is 
     assigned; the year and make of the vehicle; the acquisition 
     date and cost; the general condition of the vehicle; annual 
     operating and maintenance costs; current mileage; and whether 
     the vehicle is allowed to be taken home by a District officer 
     or employee and if so, the officer or employee's title and 
     resident location.
       Sec. 121. No officer or employee of the District of 
     Columbia government (including any independent agency of the 
     District of Columbia, but excluding the Office of the Chief 
     Technology Officer, the Office of the Chief Financial Officer 
     of the District of Columbia, and the Metropolitan Police 
     Department) may enter into an agreement in excess of $2,500 
     for the procurement of goods or services on behalf of any 
     entity of the District government until the officer or 
     employee has conducted an analysis of how the procurement of 
     the goods and services involved under the applicable 
     regulations and procedures of the District government would 
     differ from the procurement of the goods and services 
     involved under the Federal supply schedule and other 
     applicable regulations and procedures of the General Services 
     Administration, including an analysis of any differences in 
     the costs to be incurred and the time required to obtain the 
     goods or services.
       Sec. 122. None of the funds contained in this Act may be 
     used for purposes of the annual independent audit of the 
     District of Columbia government for fiscal year 2004 unless--
       (1) the audit is conducted by the Inspector General of the 
     District of Columbia, in coordination with the Chief 
     Financial Officer of the District of Columbia, pursuant to 
     section 208(a)(4) of the District of Columbia Procurement 
     Practices Act of 1985 (D.C. Official Code, sec. 2-302.8); and
       (2) the audit includes as a basic financial statement a 
     comparison of audited actual year-end results with the 
     revenues submitted in the budget document for such year and 
     the appropriations enacted into law for such year using the 
     format, terminology, and classifications contained in the law 
     making the appropriations for the year and its legislative 
     history.
       Sec. 123. (a) None of the funds contained in this Act may 
     be used by the District of Columbia Corporation Counsel or 
     any other officer or entity of the District government to 
     provide assistance for any petition drive or civil action 
     which seeks to require Congress to provide for voting 
     representation in Congress for the District of Columbia.
       (b) Nothing in this section bars the District of Columbia 
     Corporation Counsel from reviewing or commenting on briefs in 
     private lawsuits, or from consulting with officials of the 
     District government regarding such lawsuits.
       Sec. 124. (a) None of the Federal funds contained in this 
     Act may be used for any program of distributing sterile 
     needles or syringes for the hypodermic injection of any 
     illegal drug.
       (b) Any individual or entity who receives any funds 
     contained in this Act and who carries out any program 
     described in subsection (a) shall account for all funds used 
     for such program separately from any funds contained in this 
     Act.
       Sec. 125. None of the funds contained in this Act may be 
     used after the expiration of the 60-day period that begins on 
     the date of the enactment of this Act to pay the salary of 
     any chief financial officer of any office of the District of 
     Columbia government (including any independent agency of the 
     District of Columbia) who has not filed a certification with 
     the Mayor and the Chief Financial Officer of the District of 
     Columbia that the officer understands the duties and 
     restrictions applicable to the officer and the officer's 
     agency as a result of this Act (and the amendments made by 
     this Act), including any duty to prepare a report requested 
     either in the Act or in any of the reports accompanying the 
     Act and the deadline by which each report must be submitted. 
     The Chief Financial Officer of the District of Columbia shall 
     provide to the Committees on Appropriations of the House of 
     Representatives and Senate by the 10th day after the end of 
     each quarter a summary list showing each report, the due 
     date, and the date submitted to the Committees.
       Sec. 126. (a) None of the funds contained in this Act may 
     be used to enact or carry out any law, rule, or regulation to 
     legalize or otherwise reduce penalties associated with the 
     possession, use, or distribution of any schedule I substance 
     under the Controlled Substances Act (21 U.S.C. 802) or any 
     tetrahydrocannabinols derivative.
       (b) The Legalization of Marijuana for Medical Treatment 
     Initiative of 1998, also known as Initiative 59, approved by 
     the electors of the District of Columbia on November 3, 1998, 
     shall not take effect.
       Sec. 127. Nothing in this Act may be construed to prevent 
     the Council or Mayor of the District of Columbia from 
     addressing the issue of the provision of contraceptive 
     coverage by health insurance plans, but it is the intent of 
     Congress that any legislation enacted on such issue should 
     include a ``conscience clause'' which provides exceptions for 
     religious beliefs and moral convictions.
       Sec. 128. (a) If the Superior Court of the District of 
     Columbia or the District of Columbia Court of Appeals does 
     not make a payment described in subsection (b) prior to the 
     expiration of the 45-day period which begins on the date the 
     Court receives a completed voucher for a claim for the 
     payment, interest shall be assessed against the amount of the 
     payment which would otherwise be made to take into account 
     the period which begins on the day after the expiration of 
     such 45-day period and which ends on the day the Court makes 
     the payment.
       (b) A payment described in this subsection is--
       (1) a payment authorized under section 11-2604 and section 
     11-2605, D.C. Official Code (relating to representation 
     provided under the District of Columbia Criminal Justice 
     Act);
       (2) a payment for counsel appointed in proceedings in the 
     Family Court of the Superior Court of the District of 
     Columbia under chapter 23 of title 16, D.C. Official Code; or
       (3) a payment for counsel authorized under section 21-2060, 
     D.C. Official Code (relating to representation provided under 
     the District of Columbia Guardianship, Protective 
     Proceedings, and Durable Power of Attorney Act of 1986).
       (c) The chief judges of the Superior Court of the District 
     of Columbia and the District of Columbia Court of Appeals 
     shall establish standards and criteria for determining 
     whether vouchers submitted for claims for payments described 
     in subsection (b) are complete, and shall publish and make 
     such standards and criteria available to attorneys who 
     practice before such Courts.
       (d) Nothing in this section shall be construed to require 
     the assessment of interest against any claim (or portion of 
     any claim) which is denied by the Court involved.
       (e) This section shall apply with respect to claims 
     received by the Superior Court of the District of Columbia or 
     the District of Columbia Court of Appeals during fiscal year 
     2003 and any subsequent fiscal year.
       Sec. 129. 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 the following issues--
       (1) crime, including the homicide rate, implementation of 
     community policing, the number of police officers on local 
     beats, and the closing down of open-air drug markets;
       (2) access to substance and alcohol abuse treatment, 
     including the number of treatment slots, the number of people 
     served, the number of people on waiting lists, and the 
     effectiveness of treatment programs;
       (3) management of parolees and pre-trial violent offenders, 
     including the number of halfway house escapes and steps taken 
     to improve monitoring and supervision of halfway house 
     residents to reduce the number of escapes to be provided in 
     consultation with the Court Services and Offender Supervision 
     Agency for the District of Columbia;

[[Page S11926]]

       (4) education, including access to special education 
     services and student achievement to be provided in 
     consultation with the District of Columbia Public Schools and 
     the District of Columbia public charter schools;
       (5) improvement in basic District services, including rat 
     control and abatement;
       (6) application for and management of Federal grants, 
     including the number and type of grants for which the 
     District was eligible but failed to apply and the number and 
     type of grants awarded to the District but for which the 
     District failed to spend the amounts received; and
       (7) indicators of child well-being.
       Sec. 130. No later than 30 calendar days after the date of 
     the enactment of this Act, the Chief Financial Officer of the 
     District of Columbia shall submit to the appropriate 
     committees of Congress, the Mayor, and the Council of the 
     District of Columbia a revised appropriated funds operating 
     budget in the format of the budget that the District of 
     Columbia government submitted pursuant to section 442 of the 
     District of Columbia Home Rule Act (D.C. Official Code, sec. 
     1-204.42), for all agencies of the District of Columbia 
     government for fiscal year 2004 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. 131. 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. 132. None of the Federal funds made available in this 
     Act may be transferred to any department, agency, or 
     instrumentality of the United States Government, except 
     pursuant to a transfer made by, or transfer authority 
     provided in, this Act or any other appropriation Act.
       Sec. 133. In addition to any other authority to pay claims 
     and judgments, any department, agency, or instrumentality of 
     the District government may 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. 134. All funds from the Crime Victims Compensation 
     Fund, established pursuant to section 16 of the Victims of 
     Violent Crime Compensation Act of 1996 (D.C. Law 11-243; D.C. 
     Official Code, sec. 4-514) (``Compensation Act''), that are 
     designated for outreach activities pursuant to section 
     16(d)(2) of the Compensation Act shall be deposited in the 
     Crime Victims Assistance Fund, established pursuant to 
     section 16a of the Compensation Act, for the purpose of 
     outreach activities, and shall remain available until 
     expended.
       Sec. 135. Notwithstanding any other law, the District of 
     Columbia Courts shall transfer to the general treasury of the 
     District of Columbia all fines levied and collected by the 
     Courts in cases charging Driving Under the Influence and 
     Driving While Impaired. The transferred funds shall remain 
     available until expended and shall be used by the Office of 
     the Corporation Counsel for enforcement and prosecution of 
     District traffic alcohol laws in accordance with section 
     10(b)(3) of the District of Columbia Traffic Control Act 
     (D.C. Official Code, sec. 50-2201.05(b)(3)).
       Sec. 136. From the local funds appropriated under this Act, 
     any agency of the District government may transfer to the 
     Office of Labor Relations and Collective Bargaining (OLRCB) 
     such amounts as may be necessary to pay for representation by 
     OLRCB in third-party cases, grievances, and dispute 
     resolution, pursuant to an intra-District agreement with 
     OLRCB. These amounts shall be available for use by OLRCB to 
     reimburse the cost of providing the representation.
       Sec. 137. 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 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 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.
       Sec. 138. 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, memberships on boards of directors, or other 
     relationships with any special education diagnostic services, 
     schools, or other special education service providers to 
     which the attorneys have referred any clients as part of this 
     certification: Provided further, That the Chief Financial 
     Officer shall prepare and submit quarterly reports to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives on the certification of and the amount paid 
     by the government of the District of Columbia, including the 
     District of Columbia Public Schools, to attorneys in cases 
     brought under IDEA: Provided further, That the Inspector 
     General of the District of Columbia may conduct 
     investigations to determine the accuracy of the 
     certifications.
       Sec. 139. Chapter 3 of title 16, District of Columbia Code, 
     is amended by inserting at the end the following new section:

     ``SEC. 16-316. APPOINTMENT AND COMPENSATION OF COUNSEL; 
                   GUARDIAN AD LITEM.

       ``(a) When a petition for adoption has been filed and there 
     has been no termination or relinquishment of parental rights 
     with respect to the proposed adoptee or consent to the 
     proposed adoption by a parent or guardian whose consent is 
     required under D.C. Code section 16-304, the Court may 
     appoint an attorney to represent such parent or guardian in 
     the adoption proceeding if the individual is financially 
     unable to obtain adequate representation.
       ``(b) The Court may appoint a guardian ad litem who is an 
     attorney to represent the child in an adoption proceeding. 
     The guardian ad litem shall in general be charged with the 
     representation of the child's best interest.
       ``(c) An attorney appointed pursuant to subsection (a) or 
     (b) of this section shall be compensated in accordance with 
     D.C. Code section 16-2326.01, except that compensation in the 
     adoption case shall be subject to the limitation set forth in 
     D.C. Code section 16-2326.01(b)(2).''
       The table of sections for chapter 3 of title 16, District 
     of Columbia Code, is amended by inserting at the end the 
     following new item:

``Sec. 16-316. Appointment and compensation of counsel; guardian ad 
              litem.''.
       Sec. 140. (a) The amount appropriated by this Act as Other 
     Type Funds may be increased no more than 25 percent to an 
     account for unanticipated growth in revenue collections.
       (b) Conditions of Use.--The District of Columbia may 
     obligate or expend these amounts only in accordance with the 
     following conditions:
       (1) Certification by the chief financial officer.--The 
     Chief Financial Officer of the District of Columbia shall 
     certify that anticipated revenue collections support an 
     increase in Other Type authority in the amount request.
       (2) Notice requirement.--The amounts may be obligated or 
     expended only if the Mayor notifies the Committees on 
     Appropriations of the House of Representatives and the Senate 
     in writing 30 days in advance of any obligation or 
     expenditure.
       Sec. 141. (a) The amount appropriated by this Act may be 
     increased by no more than $15,000,000 from funds identified 
     in the comprehensive annual financial report as the 
     District's fund balance.
       (b) Conditions on Use.--The District of Columbia may 
     obligate or expend these amounts only in accordance with the 
     following conditions:
       (1) Certification by the chief financial officer.--The 
     Chief Financial Officer of the District of Columbia shall 
     certify that the use of any such amounts is not anticipated 
     to have a negative impact on the District of Columbia's long-
     term financial, fiscal, and economic vitality.
       (2) Purpose.--The District of Columbia may only use these 
     funds for the following expenditures:
       (A) Unanticipated one-time expenditures;
       (B) To address potential deficits;
       (C) Debt reduction;
       (D) Unanticipated program needs; or
       (E) To cover revenue shortfalls.
       (3) Local law.--The amounts shall be obligated or expended 
     in accordance with laws enacted by the Council in support of 
     each such obligation or expenditure.
       (4) Receivership.--The amounts may not be used to fund the 
     agencies of the District of Columbia government under court-
     ordered receivership.
       (5) Notice requirement.--The amounts may be obligated or 
     expended only if the Mayor notifies the Committees on 
     Appropriations of the House of Representatives and the Senate 
     in writing 30 days in advance of any obligation or 
     expenditure.
       (6) Availability of funds.--Funds made available pursuant 
     to this section shall remain available until expended.
       This Act may be cited as the ``District of Columbia 
     Appropriations Act, 2004''.
                                 ______
                                 
  SA 1784. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill H.R. 2765, making appropriations for the government of 
the District of Columbia and other activities chargeable in whole or in 
part against the revenues of said District for the fiscal year ending 
September 30, 2004, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. NATIONAL DO-NOT-CALL REGISTRY.

       (a) Finding.--Congress finds that the Federal Trade 
     Commission was authorized under section 3(a)(3)(A) of the 
     Telemarketing and Consumer Fraud and Abuse Prevention Act (15 
     U.S.C. 6102(a)(3)(A)) to compile and implement a national do-
     not-call registry.
       (b) Ratification.--Congress hereby ratifies the do-not-call 
     registry provision of the Telemarketing Sales Rule (16 CFR 
     310.4(b)(1)(iii)(B)), which was promulgated by

[[Page S11927]]

     the Federal Trade Commission, effective March 31, 2003.
                                 ______
                                 
  SA 1785. Mr. GRAHAM of South Carolina (for himself and Mr. Hollings) 
submitted an amendment intended to be proposed by him to the bill S. 
1584, making appropriations for the Departments of Veterans Affairs and 
Housing and Urban Development, and for sundry independent agencies, 
boards, commissions, corporations, and offices for the fiscal year 
ending September 30, 2004, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of title I, add the following:
       Sec. 116. Notwithstanding paragraph (2) of section 8163(c) 
     of title 38, United States Code, the Secretary of Veterans 
     Affairs may enter into an enhanced-use lease with the Medical 
     University Hospital Authority, a public authority of the 
     State of South Carolina, for approximately 0.48 acres of 
     underutilized property at the Charleston Department of 
     Veterans Affairs Medical Center, Charleston, South Carolina, 
     at any time after 30 days after the date of the submittal of 
     the notice required by paragraph (1) of that section with 
     respect to such property. The Secretary is not required to 
     submit a report on the lease as otherwise required by 
     paragraph (4) of that section.
                                 ______
                                 
  SA 1786. Mr. PRYOR (for himself, Mr. Breaux, and Mr. Leahy) submitted 
an amendment intended to be proposed to amendment SA 1783 proposed by 
Mr. DeWine (for himself and Ms. Landrieu) to the bill H.R. 2765, making 
appropriations for the government of the District of Columbia and other 
activities chargeable in whole or in part against the revenues of said 
District for the fiscal year ending September 30, 2004, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. NATIONAL DO-NOT-CALL REGISTRY.

       (a) Finding.--Congress finds that the Federal Trade 
     Commission was authorized under section 3(a)(3)(A) of the 
     Telemarketing and Consumer Fraud and Abuse Prevention Act (15 
     U.S.C. 6102(a)(3)(A)) to compile and implement a national do-
     not-call registry.
       (b) Ratification.--Congress hereby ratifies the do-not-call 
     registry provision of the Telemarketing Sales Rule (16 CFR 
     310.4(b)(1)(iii)(B)), which was promulgated by the Federal 
     Trade Commission, effective March 31, 2003.

                          ____________________