[House Report 105-679]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-679
_______________________________________________________________________


 
PROVIDING FOR THE CONSIDERATION OF H.R. 4380, THE DISTRICT OF COLUMBIA 
                       APPROPRIATIONS BILL, 1999

                                _______
                                

  August 6 (legislative day, August 5), 1998.--Referred to the House 
                   Calendar and ordered to be printed

_______________________________________________________________________


    Mr. Myrick, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 517]

    The Committee on Rules, having had under consideration 
House Resolution 517, by a non-record vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

               brief summary of provisions of resolution

    The resolution provides for the consideration of H.R. 4380, 
the ``District of Columbia Appropriations Bill, 1999'' under an 
open rule. The rule provides one hour of general debate divided 
equally between the chairman and ranking minority member of the 
Committee on Appropriations.
    The rule waives points of order against consideration of 
the bill for failure to comply with clause 7 of rule XXI 
(requiring relevant printed hearings and reports to be 
available for three days prior to the consideration of a 
general appropriations bill), section 306 (prohibiting 
consideration of legislation within the Budget Committee's 
jurisdiction, unless reported by the Budget Committee) and 
section 401(a) (prohibiting consideration of legislation, as 
reported, providing new contract, borrowing or credit authority 
that is not limited to the amounts provided in appropriation 
acts of the Congressional Budget Act of 1974. The waiver of 
section 306 of the Congressional Budget Act is necessary due to 
sections 124 and 125 of H.R. 4380. The waiver of section 401(a) 
of the Congressional Budget Act is necessary due to section 120 
of H.R. 4380.
    The rule waives points of order against provisions in the 
bill for failure to comply with clause 2 of rule XXI 
(prohibiting unauthorized or legislative provisions in a 
general appropriations bill) and clause 6 of rule XXI 
(prohibiting reappropriations in a general appropriations 
bill), except as specified by the rule.
    The rule provides that amendments printed in this report 
may be offered only by a Member designated in this report, may 
be offered only at the appropriate point in the reading of the 
bill, shall be considered as read, shall be debatable for the 
time specified in this report equally divided and controlled by 
the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for division of 
the question in the House or in the Committee of the Whole. The 
rule waives all points of order against the amendments printed 
in this report.
    The rule accords priority in recognition to those 
amendments that are pre-printed in the Congressional Record. 
The rule also allows the chairman of the Committee of the Whole 
to postpone recorded votes and to reduce to five minutes the 
voting time on any postponed question, provided voting time on 
the first in any series of questions is not less than 15 
minutes.
    Finally, the rule provides one motion to recommit with or 
without instructions.

summary of amendments made in order by the rule on h.r. 4380--District 
                 of Columbia appropriations bill, 1999

    Tiahrt--(30 minutes): Prohibits federal and District of 
Columbia funds from being spent on any program which 
distributes needles for the hypodermic injection of any illegal 
drug and would also prevent payments from being given to any 
persons or entities who carry out such a program.
    Largent--(30 minutes): Prohibits joint adoptions in the 
District of Columbia by individuals who are not related by 
either blood or marriage.
    Bilbray--(20 minutes): Prohibits minor possession of 
tobacco products in the District of Columbia. Includes a 
penalty section, which is modeled after the state of Virginia's 
penalty section for minors found in violation of tobacco 
possession.
    Armey--(1 hour): Provides both tuition scholarships and 
enhanced achievement scholarships (tutoring assistance) for 
grades K through 12 for District of Columbia residents whose 
family incomes meet the eligibility qualifications described in 
the bill.

                  amendments made in order by the rule

1. An Amendment To Be Offered by Representative Tiahrt of Kansas, or a 
                   Designee, Debatable for 30 Minutes

  Page 58, strike lines 6 through 10 and insert the following:
  Sec. 150. None of the funds contained in this Act may be used 
for any program of distributing sterile needles or syringes for 
the hypodermic injection of any illegal drug, or for any 
payment to any individual or entity who carries out any such 
program.
                              ----------                              


2. An amendment To Be Offered by Representative Largent of Oklahoma, or 
                  a Designee, Debatable for 30 Minutes

  Page 58, insert after line 10 the following:
  Sec. 151. None of the funds contained in this Act may be used 
to carry out any joint adoption of a child between individuals 
who are not related by blood or marriage.
                              ----------                              


3. An Amendment To Be Offered by Representative Bilbray of California, 
                or a Designee, Debatable for 20 Minutes

  Page 58, insert after line 10 the following:

            banning possession of tobacco products by minors

  Sec. 151. (a) In General.--It shall be unlawful for any 
individual under 18 years of age to possess any cigarette or 
other tobacco product in the District of Columbia.
  (b) Exception for Possession in Course of Employment.--
Subsection (a) shall not apply with respect to an individual 
making a delivery of cigarettes or tobacco products in 
pursuance of employment.
  (c) Penalties.--Any individual who violates subsection (a) 
shall be subject to the following penalties:
          (1) For any violation, the individual may be required 
        to perform community service or attend a tobacco 
        cessation program.
          (2) Upon the first violation, the individual shall be 
        subject to a civil penalty not to exceed $50.
          (3) Upon the second and each subsequent violation, 
        the individual shall be subject to a civil penalty not 
        to exceed $100.
          (4) Upon the third and each subsequent violation, the 
        individual may have his or her driving privileges in 
        the District of Columbia suspended for a period of 90 
        consecutive days.
                              ----------                              


 4. An Amendment To Be Offered by Representative Armey of Texas, or a 
                   Designee, Debatable for 60 Minutes

  Page 58, after line 10, insert the following:

    TITLE II--DISTRICT OF COLUMBIA STUDENT OPPORTUNITY SCHOLARSHIPS

SEC. 201. DEFINITIONS.

  As used in this title--
          (1) the term ``Board'' means the Board of Directors 
        of the Corporation established under section 202(b)(1);
          (2) the term ``Corporation'' means the District of 
        Columbia Scholarship Corporation established under 
        section 202(a);
          (3) the term ``eligible institution''--
                  (A) in the case of an eligible institution 
                serving a student who receives a tuition 
                scholarship under section 203(c)(1), means a 
                public, private, or independent elementary or 
                secondary school; and
                  (B) in the case of an eligible institution 
                serving a student who receives an enhanced 
                achievement scholarship under section 
                203(c)(2), means an elementary or secondary 
                school, or an entity that provides services to 
                a student enrolled in an elementary or 
                secondary school to enhance such student's 
                achievement through instruction described in 
                section 203(c)(2);
          (4) the term ``parent'' includes a legal guardian or 
        other person standing in loco parentis; and
          (5) the term ``poverty line'' means the income 
        official poverty line (as defined by the Office of 
        Management and Budget, and revised annually in 
        accordance with section 673(2) of the Community 
        Services Block Grant Act (42 U.S.C. 9902(2)) applicable 
        to a family of the size involved.

SEC. 202. DISTRICT OF COLUMBIA SCHOLARSHIP CORPORATION.

  (a) General Requirements.--
          (1) In general.--There is authorized to be 
        established a private, nonprofit corporation, to be 
        known as the ``District of Columbia Scholarship 
        Corporation'', which is neither an agency nor 
        establishment of the United States Government or the 
        District of Columbia Government.
          (2) Duties.--The Corporation shall have the 
        responsibility and authority to administer, publicize, 
        and evaluate the scholarship program in accordance with 
        this title, and to determine student and school 
        eligibility for participation in such program.
          (3) Consultation.--The Corporation shall exercise its 
        authority--
                  (A) in a manner consistent with maximizing 
                educational opportunities for the maximum 
                number of interested families; and
                  (B) in consultation with the District of 
                Columbia Board of Education or entity 
                exercising administrative jurisdiction over the 
                District of Columbia Public Schools, the 
                Superintendent of the District of Columbia 
                Public Schools, and other school scholarship 
                programs in the District of Columbia.
          (4) Application of provisions.--The Corporation shall 
        be subject to the provisions of this title, and, to the 
        extent consistent with this title, to the District of 
        Columbia Nonprofit Corporation Act (D.C. Code, sec. 29-
        501 et seq.).
          (5) Residence.--The Corporation shall have its place 
        of business in the District of Columbia and shall be 
        considered, for purposes of venue in civil actions, to 
        be a resident of the District of Columbia.
          (6) Fund.--There is established in the Treasury a 
        fund that shall be known as the District of Columbia 
        Scholarship Fund, to be administered by the Secretary 
        of the Treasury.
          (7) Disbursement.--The Secretary of the Treasury 
        shall make available and disburse to the Corporation, 
        before October 15 of each fiscal year or not later than 
        15 days after the date of enactment of an Act making 
        appropriations for the District of Columbia for such 
        year, whichever occurs later, such funds as have been 
        appropriated to the District of Columbia Scholarship 
        Fund for the fiscal year in which such disbursement is 
        made.
          (8) Availability.--Funds authorized to be 
        appropriated under this title shall remain available 
        until expended.
          (9) Uses.--Funds authorized to be appropriated under 
        this title shall be used by the Corporation in a 
        prudent and financially responsible manner, solely for 
        scholarships, contracts, and administrative costs.
          (10) Authorization.--
                  (A) In general.--There are authorized to be 
                appropriated to the District of Columbia 
                Scholarship Fund--
                          (i) $7,000,000 for fiscal year 1999;
                          (ii) $8,000,000 for fiscal year 2000; 
                        and
                          (iii) $10,000,000 for each of fiscal 
                        years 2001 through 2003.
                  (B) Limitation.--Not more than 7.5 percent of 
                the amount appropriated to carry out this title 
                for any fiscal year may be used by the 
                Corporation for salaries and administrative 
                costs.
  (b) Organization and Management; Board of Directors.--
          (1) Board of directors; membership.--
                  (A) In general.--The Corporation shall have a 
                Board of Directors (referred to in this title 
                as the ``Board''), comprised of 7 members with 
                6 members of the Board appointed by the 
                President not later than 30 days after receipt 
                of nominations from the Speaker of the House of 
                Representatives and the Majority Leader of the 
                Senate.
                  (B) House nominations.--The President shall 
                appoint 3 of the members from a list of 9 
                individuals nominated by the Speaker of the 
                House of Representatives in consultation with 
                the Minority Leader of the House of 
                Representatives.
                  (C) Senate nominations.--The President shall 
                appoint 3 members from a list of 9 individuals 
                nominated by the Majority Leader of the Senate 
                in consultation with the Minority Leader of the 
                Senate.
                  (D) Deadline.--The Speaker of the House of 
                Representatives and Majority Leader of the 
                Senate shall submit their nominations to the 
                President not later than 30 days after the date 
                of the enactment of this Act.
                  (E) Appointee of mayor.--The Mayor shall 
                appoint 1 member of the Board not later than 60 
                days after the date of the enactment of this 
                Act.
                  (F) Possible interim members.--If the 
                President does not appoint the 6 members of the 
                Board in the 30-day period described in 
                subparagraph (A), then the Speaker of the House 
                of Representatives and the Majority Leader of 
                the Senate shall each appoint 2 members of the 
                Board, and the Minority Leader of the House of 
                Representatives and the Minority Leader of the 
                Senate shall each appoint 1 member of the 
                Board, from among the individuals nominated 
                pursuant to subparagraphs (A) and (B), as the 
                case may be. The appointees under the preceding 
                sentence together with the appointee of the 
                Mayor, shall serve as an interim Board with all 
                the powers and other duties of the Board 
                described in this title, until the President 
                makes the appointments as described in this 
                subsection.
          (2) Powers.--All powers of the Corporation shall vest 
        in and be exercised under the authority of the Board.
          (3) Elections.--Members of the Board annually shall 
        elect 1 of the members of the Board to be the 
        Chairperson of the Board.
          (4) Residency.--All members appointed to the Board 
        shall be residents of the District of Columbia at the 
        time of appointment and while serving on the Board.
          (5) Nonemployee.--No member of the Board may be an 
        employee of the United States Government or the 
        District of Columbia Government when appointed to or 
        during tenure on the Board, unless the individual is on 
        a leave of absence from such a position while serving 
        on the Board.
          (6) Incorporation.--The members of the initial Board 
        shall serve as incorporators and shall take whatever 
        steps are necessary to establish the Corporation under 
        the District of Columbia Nonprofit Corporation Act 
        (D.C. Code, sec. 29-501 et seq.).
          (7) General term.--The term of office of each member 
        of the Board shall be 5 years, except that any member 
        appointed to fill a vacancy occurring prior to the 
        expiration of the term for which the predecessor was 
        appointed shall be appointed for the remainder of such 
        term.
          (8) Consecutive term.--No member of the Board shall 
        be eligible to serve in excess of 2 consecutive terms 
        of 5 years each. A partial term shall be considered as 
        1 full term. Any vacancy on the Board shall not affect 
        the Board's power, but shall be filled in a manner 
        consistent with this title.
          (9) No benefit.--No part of the income or assets of 
        the Corporation shall inure to the benefit of any 
        Director, officer, or employee of the Corporation, 
        except as salary or reasonable compensation for 
        services.
          (10) Political activity.--The Corporation may not 
        contribute to or otherwise support any political party 
        or candidate for elective public office.
          (11) No officers or employees.--The members of the 
        Board shall not, by reason of such membership, be 
        considered to be officers or employees of the United 
        States Government or of the District of Columbia 
        Government.
          (12) Stipends.--The members of the Board, while 
        attending meetings of the Board or while engaged in 
        duties related to such meetings or other activities of 
        the Board pursuant to this title, shall be provided a 
        stipend. Such stipend shall be at the rate of $150 per 
        day for which the member of the Board is officially 
        recorded as having worked, except that no member may be 
        paid a total stipend amount in any calendar year in 
        excess of $5,000.
  (c) Officers and Staff.--
          (1) Executive director.--The Corporation shall have 
        an Executive Director, and such other staff, as may be 
        appointed by the Board for terms and at rates of 
        compensation, not to exceed level EG-16 of the 
        Educational Service of the District of Columbia, to be 
        fixed by the Board.
          (2) Staff.--With the approval of the Board, the 
        Executive Director may appoint and fix the salary of 
        such additional personnel as the Executive Director 
        considers appropriate.
          (3) Annual rate.--No staff of the Corporation may be 
        compensated by the Corporation at an annual rate of pay 
        greater than the annual rate of pay of the Executive 
        Director.
          (4) Service.--All officers and employees of the 
        Corporation shall serve at the pleasure of the Board.
          (5) Qualification.--No political test or 
        qualification may be used in selecting, appointing, 
        promoting, or taking other personnel actions with 
        respect to officers, agents, or employees of the 
        Corporation.
  (d) Powers of the Corporation.--
          (1) Generally.--The Corporation is authorized to 
        obtain grants from, and make contracts with, 
        individuals and with private, State, and Federal 
        agencies, organizations, and institutions.
          (2) Hiring authority.--The Corporation may hire, or 
        accept the voluntary services of, consultants, experts, 
        advisory boards, and panels to aid the Corporation in 
        carrying out this title.
  (e) Financial Management and Records.--
          (1) Audits.--The financial statements of the 
        Corporation shall be--
                  (A) maintained in accordance with generally 
                accepted accounting principles for nonprofit 
                corporations; and
                  (B) audited annually by independent certified 
                public accountants.
          (2) Report.--The report for each such audit shall be 
        included in the annual report to Congress required by 
        section 210(c).
  (f) Administrative Responsibilities.--
          (1) Scholarship application schedule and 
        procedures.--Not later than 30 days after the initial 
        Board is appointed and the first Executive Director of 
        the Corporation is hired under this title, the 
        Corporation shall implement a schedule and procedures 
        for processing applications for, and awarding, student 
        scholarships under this title. The schedule and 
        procedures shall include establishing a list of 
        certified eligible institutions, distributing 
        scholarship information to parents and the general 
        public (including through a newspaper of general 
        circulation), and establishing deadlines for steps in 
        the scholarship application and award process.
          (2) Institutional applications and eligibility.--
                  (A) In general.--An eligible institution that 
                desires to participate in the scholarship 
                program under this title shall file an 
                application with the Corporation for 
                certification for participation in the 
                scholarship program under this title shall--
                          (i) demonstrate that the eligible 
                        institution has operated with not less 
                        than 25 students during the 3 years 
                        preceding the year for which the 
                        determination is made unless the 
                        eligible institution is applying for 
                        certification as a new eligible 
                        institution under subparagraph (C);
                          (ii) contain an assurance that the 
                        eligible institution will comply with 
                        all applicable requirements of this 
                        title;
                          (iii) contain an annual statement of 
                        the eligible institution's budget; and
                          (iv) describe the eligible 
                        institution's proposed program, 
                        including personnel qualifications and 
                        fees.
                  (B) Certification.--
                          (i) In general.--Except as provided 
                        in subparagraph (C), not later than 60 
                        days after receipt of an application in 
                        accordance with subparagraph (A), the 
                        Corporation shall certify an eligible 
                        institution to participate in the 
                        scholarship program under this title.
                          (ii) Continuation.--An eligible 
                        institution's certification to 
                        participate in the scholarship program 
                        shall continue unless such eligible 
                        institution's certification is revoked 
                        in accordance with subparagraph (D).
                  (C) New eligible institution.--
                          (i) In general.--An eligible 
                        institution that did not operate with 
                        at least 25 students in the 3 years 
                        preceding the year for which the 
                        determination is made may apply for a 
                        1-year provisional certification to 
                        participate in the scholarship program 
                        under this title for a single year by 
                        providing to the Corporation not later 
                        than July 1 of the year preceding the 
                        year for which the determination is 
                        made--
                                  (I) a list of the eligible 
                                institution's board of 
                                directors;
                                  (II) letters of support from 
                                not less than 10 members of the 
                                community served by such 
                                eligible institution;
                                  (III) a business plan;
                                  (IV) an intended course of 
                                study;
                                  (V) assurances that the 
                                eligible institution will begin 
                                operations with not less than 
                                25 students;
                                  (VI) assurances that the 
                                eligible institution will 
                                comply with all applicable 
                                requirements of this title; and
                                  (VII) a statement that 
                                satisfies the requirements of 
                                clauses (ii) and (iv) of 
                                subparagraph (A).
                          (ii) Certification.--Not later than 
                        60 days after the date of receipt of an 
                        application described in clause (i), 
                        the Corporation shall certify in 
                        writing the eligible institution's 
                        provisional certification to 
                        participate in the scholarship program 
                        under this title unless the Corporation 
                        determines that good cause exists to 
                        deny certification.
                          (iii) Renewal of provisional 
                        certification.--After receipt of an 
                        application under clause (i) from an 
                        eligible institution that includes a 
                        statement of the eligible institution's 
                        budget completed not earlier than 12 
                        months before the date such application 
                        is filed, the Corporation shall renew 
                        an eligible institution's provisional 
                        certification for the second and third 
                        years of the school's participation in 
                        the scholarship program under this 
                        title unless the Corporation finds--
                                  (I) good cause to deny the 
                                renewal, including a finding of 
                                a pattern of violation of 
                                requirements described in 
                                paragraph (3)(A); or
                                  (II) consistent failure of 25 
                                percent or more of the students 
                                receiving scholarships under 
                                this title and attending such 
                                school to make appropriate 
                                progress (as determined by the 
                                Corporation) in academic 
                                achievement.
                          (iv) Denial of certification.--If 
                        provisional certification or renewal of 
                        provisional certification under this 
                        subsection is denied, then the 
                        Corporation shall provide a written 
                        explanation to the eligible institution 
                        of the reasons for such denial.
                  (D) Revocation of eligibility.--
                          (i) In general.--The Corporation, 
                        after notice and hearing, may revoke an 
                        eligible institution's certification to 
                        participate in the scholarship program 
                        under this title for a year succeeding 
                        the year for which the determination is 
                        made for--
                                  (I) good cause, including a 
                                finding of a pattern of 
                                violation of program 
                                requirements described in 
                                paragraph (3)(A); or
                                  (II) consistent failure of 25 
                                percent or more of the students 
                                receiving scholarships under 
                                this title and attending such 
                                school to make appropriate 
                                progress (as determined by the 
                                Corporation) in academic 
                                achievement.
                          (ii) Explanation.--If the 
                        certification of an eligible 
                        institution is revoked, the Corporation 
                        shall provide a written explanation of 
                        the Corporation's decision to such 
                        eligible institution and require a pro 
                        rata refund of the proceeds of the 
                        scholarship funds received under this 
                        title.
          (3) Participation requirements for eligible 
        institutions.--
                  (A) Requirements.--Each eligible institution 
                participating in the scholarship program under 
                this title shall--
                          (i) provide to the Corporation not 
                        later than June 30 of each year the 
                        most recent annual statement of the 
                        eligible institution's budget; and
                          (ii) charge a student that receives a 
                        scholarship under this title not more 
                        than the cost of tuition and mandatory 
                        fees for, and transportation to attend, 
                        such eligible institution as other 
                        students who are residents of the 
                        District of Columbia and enrolled in 
                        such eligible institution.
                  (B) Compliance.--The Corporation may require 
                documentation of compliance with the 
                requirements of subparagraph (A), but neither 
                the Corporation nor any governmental entity may 
                impose requirements upon an eligible 
                institution as a condition for participation in 
                the scholarship program under this title, other 
                than requirements established under this title.

SEC. 203. SCHOLARSHIPS AUTHORIZED.

  (a) Eligible Students.--The Corporation is authorized to 
award tuition scholarships under subsection (c)(1) and enhanced 
achievement scholarships under subsection (c)(2) to students in 
kindergarten through grade 12--
          (1) who are residents of the District of Columbia; 
        and
          (2) whose family income does not exceed 185 percent 
        of the poverty line.
  (b) Scholarship Priority.--
          (1) First.--The Corporation first shall award 
        scholarships to students described in subsection (a) 
        who--
                  (A) are enrolled in a District of Columbia 
                public school or preparing to enter a District 
                of Columbia public kindergarten, except that 
                this subparagraph shall apply only for academic 
                years 1998-1999, 1999-2000, and 2000-2001; or
                  (B) have received a scholarship from the 
                Corporation for the academic year preceding the 
                academic year for which the scholarship is 
                awarded.
          (2) Second.--If funds remain for a fiscal year for 
        awarding scholarships after awarding scholarships under 
        paragraph (1), the Corporation shall award scholarships 
        to students who are described in subsection (a), not 
        described in paragraph (1), and otherwise eligible for 
        a scholarship under this title.
          (3) Lottery selection.--The Corporation shall award 
        scholarships to students under this subsection using a 
        lottery selection process whenever the amount made 
        available to carry out this title for a fiscal year is 
        insufficient to award a scholarship to each student who 
        is eligible to receive a scholarship under this title 
        for the fiscal year.
  (c) Use of Scholarship.--
          (1) Tuition scholarships.--A tuition scholarship may 
        be used for the payment of the cost of the tuition and 
        mandatory fees for, and transportation to attend, an 
        eligible institution located within the geographic 
        boundaries of the District of Columbia; Montgomery 
        County, Maryland; Prince Georges County, Maryland; 
        Arlington County, Virginia; Alexandria City, Virginia; 
        Falls Church City, Virginia; Fairfax City, Virginia; or 
        Fairfax County, Virginia.
          (2) Enhanced achievement scholarship.--An enhanced 
        achievement scholarship may be used only for the 
        payment of the costs of tuition and mandatory fees for, 
        and transportation to attend, a program of instruction 
        provided by an eligible institution which enhances 
        student achievement of the core curriculum and is 
        operated outside of regular school hours to supplement 
        the regular school program.
  (e) Not School Aid.--A scholarship under this title shall be 
considered assistance to the student and shall not be 
considered assistance to an eligible institution.

SEC. 204. SCHOLARSHIP AWARDS.

  (a) Awards.--From the funds made available under this title, 
the Corporation shall award a scholarship to a student and make 
scholarship payments in accordance with section 205.
  (b) Notification.--Each eligible institution that receives 
the proceeds of a scholarship payment under subsection (a) 
shall notify the Corporation not later than 10 days after--
          (1) the date that a student receiving a scholarship 
        under this title is enrolled, of the name, address, and 
        grade level of such student;
          (2) the date of the withdrawal or expulsion of any 
        student receiving a scholarship under this title, of 
        the withdrawal or expulsion; and
          (3) the date that a student receiving a scholarship 
        under this title is refused admission, of the reasons 
        for such a refusal.
  (c) Tuition Scholarship.--
          (1) Equal to or below poverty line.--For a student 
        whose family income is equal to or below the poverty 
        line, a tuition scholarship may not exceed the lesser 
        of--
                  (A) the cost of tuition and mandatory fees 
                for, and transportation to attend, an eligible 
                institution; or
                  (B) $3,200 for fiscal year 1999, with such 
                amount adjusted in proportion to changes in the 
                Consumer Price Index for all urban consumers 
                published by the Department of Labor for each 
                of fiscal years 2000 through 2003.
          (2) Above poverty line.--For a student whose family 
        income is greater than the poverty line, but not more 
        than 185 percent of the poverty line, a tuition 
        scholarship may not exceed the lesser of--
                  (A) 75 percent of the cost of tuition and 
                mandatory fees for, and transportation to 
                attend, an eligible institution; or
                  (B) $2,400 for fiscal year 1999, with such 
                amount adjusted in proportion to changes in the 
                Consumer Price Index for all urban consumers 
                published by the Department of Labor for each 
                of fiscal years 2000 through 2003.
  (d) Enhanced Achievement Scholarship.--An enhanced 
achievement scholarship may not exceed the lesser of--
          (1) the costs of tuition and mandatory fees for, and 
        transportation to attend, a program of instruction at 
        an eligible institution; or
          (2) $500 for 1999, with such amount adjusted in 
        proportion to changes in the Consumer Price Index for 
        all urban consumers published by the Department of 
        Labor for each of fiscal years 2000 through 2003.

SEC. 205. SCHOLARSHIP PAYMENTS.

  (a) Payments.--The Corporation shall make scholarship 
payments to the parent of a student awarded a scholarship under 
this title.
  (b) Distribution of Scholarship Funds.--Scholarship funds may 
be distributed by check, or another form of disbursement, 
issued by the Corporation and made payable directly to a parent 
of a student awarded a scholarship under this title. The parent 
may use the scholarship funds only for payment of tuition, 
mandatory fees, and transportation costs as described in this 
title.
  (c) Pro Rata Amounts for Student Withdrawal.--If a student 
receiving a scholarship under this title withdraws or is 
expelled from an eligible institution after the proceeds of a 
scholarship is paid to the eligible institution, then the 
eligible institution shall refund to the Corporation on a pro 
rata basis the proportion of any such proceeds received for the 
remaining days of the school year. Such refund shall occur not 
later than 30 days after the date of the withdrawal or 
expulsion of the student.

SEC. 206. CIVIL RIGHTS.

  (a) In General.--An eligible institution participating in the 
scholarship program under this title shall not discriminate on 
the basis of race, color, national origin, or sex in carrying 
out the provisions of this title.
  (b) Applicability and Construction with Respect to 
Discrimination on the Basis of Sex.--
          (1) Applicability.--With respect to discrimination on 
        the basis of sex, subsection (a) shall not apply to an 
        eligible institution that is controlled by a religious 
        organization if the application of subsection (a) is 
        inconsistent with the religious tenets of the eligible 
        institution.
          (2) Construction.--With respect to discrimination on 
        the basis of sex, nothing in subsection (a) shall be 
        construed to require any person, or public or private 
        entity to provide or pay, or to prohibit any such 
        person or entity from providing or paying, for any 
        benefit or service, including the use of facilities, 
        related to an abortion. Nothing in the preceding 
        sentence shall be construed to permit a penalty to be 
        imposed on any person or individual because such person 
        or individual is seeking or has received any benefit or 
        service related to a legal abortion.
          (3) Single-sex schools, classes, or activities.--With 
        respect to discrimination on the basis of sex, nothing 
        in subsection (a) shall be construed to prevent a 
        parent from choosing, or an eligible institution from 
        offering, a single-sex school, class, or activity.
  (c) Revocation.--Notwithstanding section 202(f)(2)(D), if the 
Corporation determines that an eligible institution 
participating in the scholarship program under this title is in 
violation of subsection (a), then the Corporation shall revoke 
such eligible institution's certification to participate in the 
program.

SEC. 207. CHILDREN WITH DISABILITIES.

  Nothing in this title shall affect the rights of students, or 
the obligations of the District of Columbia public schools, 
under the Individuals with Disabilities Education Act (20 
U.S.C. 1400 et seq.).

SEC. 208. RULE OF CONSTRUCTION.

  (a) In General.--Nothing in this title shall be construed to 
prevent any eligible institution which is operated by, 
supervised by, controlled by, or connected to, a religious 
organization from employing, admitting, or giving preference 
to, persons of the same religion to the extent determined by 
such institution to promote the religious purpose for which the 
eligible institution is established or maintained.
  (b) Sectarian Purposes.--Nothing in this title shall be 
construed to prohibit the use of funds made available under 
this title for sectarian educational purposes, or to require an 
eligible institution to remove religious art, icons, scripture, 
or other symbols.

 SEC. 209. REPORTING REQUIREMENTS.

  (a) In General.--An eligible institution participating in the 
scholarship program under this title shall report to the 
Corporation not later than July 30 of each year in a manner 
prescribed by the Corporation, the following data:
          (1) Student achievement in the eligible institution's 
        programs.
          (2) Grade advancement for scholarship students.
          (3) Disciplinary actions taken with respect to 
        scholarship students.
          (4) Graduation, college admission test scores, and 
        college admission rates, if applicable for scholarship 
        students.
          (5) Types and amounts of parental involvement 
        required for all families of scholarship students.
          (6) Student attendance for scholarship and 
        nonscholarship students.
          (7) General information on curriculum, programs, 
        facilities, credentials of personnel, and disciplinary 
        rules at the eligible institution.
          (8) Number of scholarship students enrolled.
          (9) Such other information as may be required by the 
        Corporation for program appraisal.
  (b) Confidentiality.--No personal identifiers may be used in 
such report, except that the Corporation may request such 
personal identifiers solely for the purpose of verification.

 SEC. 210. PROGRAM APPRAISAL.

  (a) Study.--Not later than 4 years after the date of 
enactment of this Act, the Comptroller General shall enter into 
a contract, with an evaluating agency that has demonstrated 
experience in conducting evaluations, for an independent 
evaluation of the scholarship program under this title, 
including--
          (1) a comparison of test scores between scholarship 
        students and District of Columbia public school 
        students of similar backgrounds, taking into account 
        the students' academic achievement at the time of the 
        award of their scholarships and the students' family 
        income level;
          (2) a comparison of graduation rates between 
        scholarship students and District of Columbia public 
        school students of similar backgrounds, taking into 
        account the students' academic achievement at the time 
        of the award of their scholarships and the students' 
        family income level;
          (3) the satisfaction of parents of scholarship 
        students with the scholarship program; and
          (4) the impact of the scholarship program on the 
        District of Columbia public schools, including changes 
        in the public school enrollment, and any improvement in 
        the academic performance of the public schools.
  (b) Public Review of Data.--All data gathered in the course 
of the study described in subsection (a) shall be made 
available to the public upon request except that no personal 
identifiers shall be made public.
  (c) Report to Congress.--Not later than September 1 of each 
year, the Corporation shall submit a progress report on the 
scholarship program to the appropriate committees of Congress. 
Such report shall include a review of how scholarship funds 
were expended, including the initial academic achievement 
levels of students who have participated in the scholarship 
program.
  (d) Authorization.--There are authorized to be appropriated 
for the study described in subsection (a), $250,000, which 
shall remain available until expended.

SEC. 211. JUDICIAL REVIEW.

  (a) Jurisdiction.--
          (1) In General.--The United States District Court for 
        the District of Columbia shall have jurisdiction in any 
        action challenging the constitutionality of the 
        scholarship program under this title and shall provide 
        expedited review.
          (2) Standing.--The parent of any student eligible to 
        receive a scholarship under this title shall have 
        standing in an action challenging the constitutionality 
        of the scholarship program under this title.

                                
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