[House Report 108-230]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-230
======================================================================
 
    PROVIDING FOR CONSIDERATION OF H.R. 2765, DISTRICT OF COLUMBIA 
                        APPROPRIATIONS ACT, 2004

                                _______
                                

   July 24 (legislative day, July 23), 2003.--Referred to the House 
                   Calendar and ordered to be printed

                                _______
                                

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

                              R E P O R T

                       [To accompany H. Res. 334]

    The Committee on Rules, having had under consideration 
House Resolution 334, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 2765, the 
District of Columbia Appropriations Act for fiscal year 2004, 
under an open rule. The rule provides one hour of general 
debate equally divided and controlled by the chairman and 
ranking minority member of the Committee on Appropriations. The 
rule waives all points of order against consideration of the 
bill.
    The rule waives points of order against provisions in the 
bill for failure to comply with clause 2 of rule XXI 
(prohibiting unauthorized appropriations or legislative 
provisions in an appropriations bill), except as specified in 
the resolution.
    The rule provides that the amendment printed in this report 
accompanying the resolution may be offered only by a Member 
designated in this report and 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 the Committee of the 
Whole. The rule waives all points of order against the 
amendment printed in this report.
    The rule authorizes the Chair to accord priority in 
recognition to Members who have been preprinted their 
amendments in the Congressional Record.
    The rule provides that after a motion that the Committee 
rise has been rejected on a legislative day, the Chairman of 
the Committee of the Whole may entertain another such motion on 
the day only if offered by the chairman of the Committee on 
Appropriations or the Majority Leader, or a designee. The rule 
provides that after a motion to strike out the enacting words 
of the bill (as described in clause 9 of rule XVIII) has been 
rejected, the chairman may not entertain another such motion 
during further consideration of the bill.
    Finally, the rule provides one motion to recommit with or 
without instructions.
    The waiver of all points of order against consideration of 
the bill includes a waiver of clause 4(c) if rule XIII 
(requiring the three-day availability of printed hearings on a 
general appropriation bill), a waiver of section 401 of the 
Congressional Budget Act (prohibiting consideration of 
legislation providing new entitlement authority which becomes 
effective during the current fiscal year), because section 110 
of the bill may provide a new entitlement, and a waiver of 
section 306 of the Congressional Budget Act (prohibiting 
consideration of legislation within the jurisdiction of the 
Committee on the Budget unless reported by the Budget 
Committee), because section 113 of the bill contains language 
concerning sequestration pursuant to the Balanced Budget and 
Emergency Deficit Control Act of 1985.
    The waiver of clause 2 of rule XXI (prohibiting 
unauthorized appropriations or legislative provisions in an 
appropriations bill) is needed, because there are numerous 
legislative provisions included in the bill. The waiver of 
clause 2 of rule XXI does not extend to the provisions 
specified in the resolution, which fall under the authorizing 
jurisdiction of the Committee on Government Reform and are as 
follows: beginning with ``: Provided'' on page 36, line 25 
through page 37, line 3 (providing that employees of the 
District of Columbia are not subject to limitations on pay 
under title 5); section 112 (prohibiting sole source contracts 
even under circumstances where current District law would 
permit sole source contracts); section 117 (limiting the 
ability of the District of Columbia to accept and expend 
grants); and section 119 (limiting the ability of the District 
of Columbia to enter into procurement contracts in excess of 
$2,500).

                            COMMITTEE VOTES

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee record vote No. 182

    Date: July 23, 2003.
    Measure: H.R. 2765, District of Columbia Appropriations 
Act, 2004.
    Motion by: Mr. Frost.
    Summary of motion: To strike the restrictive provisions 
limiting motions to rise and motions to strike the enacting 
words of the bill.
    Results: Defeated 4 to 8.
    Vote by Members: Goss--Nay; Pryce--Nay; Diaz-Balart--Nay; 
Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; Reynolds--Nay; 
Frost--Yea; Slaughter--Yea; McGovern--Yea; Hastings (FL)--Yea; 
Dreier--Nay.

                   SUMMARY OF AMENDMENT MADE IN ORDER

    Davis, Tom (VA)/Frelinghuysen/Boehner: Authorizes $10 
million in new federal funding for the District of Columbia to 
provide individual students up to $7,500 in scholarship funds 
to be used at private schools of their own choosing in the 
District of Columbia. Scholarship funds may be used to cover 
the costs of tuition, fees and transportation. All funding for 
the scholarship program comes from new funds. Therefore, no 
public, private or charter school will be drained of any funds. 
Scholarships are to be based on need and the tuition and fees 
of the new school. Priority is to be given to low-income 
students in low-performing schools, as identified by the No 
Child Left Behind Act. Eligible Students must be residents of 
the District, and their family income cannot exceed 185% of the 
federal poverty level. Participating schools may not 
discriminated based on race, color, national origin or gender; 
however, religious schools are allowed to maintain their 
character through their employment practices and schools that 
offer single-gender classes or programs may participate. Grant 
money is distributed to various nonprofit organizations and 
District government agencies that must apply to the U.S. 
Department of Education and demonstrate to the Secretary how 
they will recruit students, find participating schools and 
ensure that funds are used properly. The Secretary is required 
to conduct an evaluation of the program's progress and submit 
an annual and a final report to Congress. Each grantee must 
submit an annual report to the Secretary regarding its 
activities and academic achievement of the students in the 
program. The Secretary will then prepare for Congress a report 
based on the information gathered from the grantees. (40 
minutes)

                    TEXT OF AMENDMENT MADE IN ORDER

An Amendment To Be Offered by Representative Tom Davis of Virginia, or 
                 His Designee Debatable for 40 Minutes

    Page 52, insert after line 12 the following:

                      TITLE IV--DC PARENTAL CHOICE

SEC. 401. SHORT TITLE.

    This title may be cited as the ``DC Parental Choice 
Incentive Act of 2003''.

SEC. 402. FINDINGS.

    The Congress finds the following:
    (1) Parents are best equipped to make decisions for their 
children, including the educational setting that will best 
serve the interests and educational needs of their child.
    (2) For many parents in the District of Columbia, public 
school choice provided for under the No Child Left Behind Act 
of 2001 is inadequate due to capacity constraints within the 
public schools. Therefore, in keeping with the spirit of the No 
Child Left Behind Act of 2001, school choice options, in 
addition to those already available to parents in the District 
of Columbia (such as magnet and charter schools and open 
enrollment schools) should be made available to those parents.
    (3) In the most recent mathematics assessment on the 
National Assessment of Educational Progress (NAEP), 
administered in 2000, a lower percentage of 4th-grade students 
in DC demonstrated proficiency than was the case for any State. 
Seventy-six percent of DC fourth-graders scored at the ``below 
basic'' level and of the 8th-grade students in the District of 
Columbia, only 6 percent of the students tested at the 
proficient or advanced levels, and 77 percent were below basic. 
In the most recent NAEP reading assessment, in 1998, only 10 
percent of DC fourth-graders could read proficiently, while 72 
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 if it is neutral with respect to 
religion and provides assistance to a broad class of citizens 
who direct government aid to schools solely as a result of 
their independent private choices.

SEC. 403. PURPOSE.

    The purpose of this title is to provide low-income parents 
residing in the District of Columbia, particularly parents of 
students who attend elementary 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. 404. GENERAL AUTHORITY.

    (a) Authority.--From funds appropriated to carry out this 
title, the Secretary shall award grants on a competitive basis 
to eligible entities with approved applications under section 
405 to carry out activities to provide eligible students with 
expanded school choice opportunities. The Secretary may award a 
single grant or multiple grants, depending on the quality of 
applications submitted and the priorities of this title.
    (b) Duration of Grants.--The Secretary may make grants 
under this section for a period of not more than 5 years.

SEC. 405. APPLICATIONS.

    (a) In General.--In order to receive a grant under this 
title, an eligible entity shall submit an application to the 
Secretary at such time, in such manner, and accompanied by such 
information as the Secretary may require.
    (b) Contents.--The Secretary may not approve the request of 
an eligible entity for a grant under this title unless the 
entity's application includes--
    (1) a detailed description of--
    (A) how the entity will address the priorities described in 
section 406;
    (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 gives weight to the 
priorities described in section 406;
    (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;
    (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 407(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 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 title and provide the 
information needed for the entity to meet the reporting 
requirements of this title;
    (H) how the entity will ensure that participating schools 
are financially responsible;
    (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 
409.

SEC. 406. PRIORITIES.

    In awarding grants under this title, the Secretary shall 
give priority to applications from eligible entities who will 
most effectively--
    (1) give priority to eligible students who, in the school 
year preceding the school year for which the eligible student 
is seeking a scholarship, attended an elementary 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;
    (3) provide students and families with the widest range of 
educational options; and
    (4) serve students of varying ages and grade levels.

SEC. 407. USE OF FUNDS.

    (a) Scholarships.--
    (1) In general.--Subject to paragraph (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 or secondary school of their 
choice. Each grantee shall ensure that the amount of any 
tuition or fees charged by a school participating in the 
grantee's program under this title to an eligible student 
participating in the program does not exceed the amount of 
tuition or fees that the school customarily charges to students 
who do not participate in the program.
    (2) Payments to parents.--A grantee shall make scholarship 
payments under the program under this title to the parent of 
the eligible student participating in the program, in a manner 
which ensures that such payments will be used for the payment 
of tuition, fees, and transportation expenses (if any), in 
accordance with this title.
    (3) Amount of assistance.--
    (A) Varying amounts permitted.--Subject to the other 
requirements of this section, a grantee may award scholarships 
in larger amounts to those eligible students with the greatest 
need.
    (B) Annual limit on amount.--The amount of assistance 
provided to any eligible student by a grantee under a program 
under this title may not exceed $7,500 for any academic year.
    (b) Administrative Expenses.--A grantee may use not more 
than 3 percent of the amount provided under the grant each year 
for the administrative expenses of carrying out its program 
under this title during the year, including--
    (1) determining the eligibility of students to participate;
    (2) providing information about the program and the schools 
involved to parents of eligible students;
    (3) selecting students to receive scholarships;
    (4) determining the amount of scholarships and issuing them 
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. 408. NONDISCRIMINATION.

    (a) In General.--A school participating in any program 
under this title shall not discriminate on the basis of race, 
color, national origin, or sex in participating in the program.
    (b) Applicability and Construction With Respect to 
Discrimination on the Basis of Sex.--
    (1) Applicability.--Notwithstanding subsection (a) or any 
other provision of law, it shall not be considered 
discrimination on the basis of sex for a school that is 
operated by, supervised by, controlled by, or connected to a 
religious organization to take sex into account to the extent 
that failing to do so would be inconsistent with the religious 
tenets or beliefs 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.
    (3) 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 services related to a 
legal abortion.
    (c) Children With Disabilities.--Nothing in this title may 
be construed to alter or modify the provisions of the 
Individuals with Disabilities Education Act.
    (d) Religiously Affiliated Schools.--
    (1) In general.--Notwithstanding any other provision of 
law, a school participating in any program under this title 
which is operated by, supervised by, controlled by, or 
connected to, a religious organization may employ persons of 
the same religion to the extent determined by that school to 
promote the religious purpose for which the school is 
established or maintained.
    (2) Religious purposes.--Notwithstanding any other 
provision of law, funds made available under this title may be 
used for religious educational purposes, and no participating 
school shall be required to remove religious art, icons, 
scriptures, or other symbols. A participating school may retain 
religious terms in its name, select its board members on a 
religious basis, and include religious references in its 
mission statements and other chartering or governing documents.
    (e) Rule of Construction.--A scholarship (or any other form 
of support provided to parents of eligible students) under this 
title shall be considered assistance to the student and shall 
not be considered assistance to the school that enrolls the 
eligible student. The amount of any scholarship (or other form 
of support provided to parents of an eligible student) under 
this title shall not be treated as income of the parents for 
purposes of Federal tax laws or for determining eligibility for 
any other Federal program.

SEC. 409. EVALUATIONS.

    (a) In General.--
    (1) Duties of secretary.--The Secretary shall--
    (A) conduct an evaluation using the strongest possible 
research design for determining the effectiveness of the 
programs funded under this title 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 title with 
the academic achievement of students of similar backgrounds who 
do not participate in such programs.
    (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 
title 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 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 made under this title on the 
progress and preliminary results of the evaluation of the 
programs funded under this title; and
    (2) a final report not later than 1 year after the final 
year for which a grant is made under this title on the results 
of the evaluation of the programs funded under this title.
    (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 title for the fiscal year.

SEC. 410. REPORTING REQUIREMENTS.

    (a) Activities Reports.--Each grantee receiving funds under 
this title 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 title during 
a year reports at least once during the year to the parents of 
each of the school's students who are participating in the 
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. 411. OTHER REQUIREMENTS FOR PARTICIPATING SCHOOLS.

    (a) Admission of Eligible Students.--Each school choosing 
to participate in a program funded under this title shall 
accept any participating eligible student on a religious-
neutral basis, except that if the school has more participating 
eligible students seeking admission than it can accommodate, 
the school shall accept participating eligible students through 
a religious-neutral, random selection process, consistent with 
section 405(b)(1)(C).
    (b) Requests for Data and Information.--Each school 
participating in a program funded under this title shall comply 
with all requests for data and information regarding 
evaluations conducted under section 409(a).
    (c) Rules of Conduct and Other School Policies.--Subject to 
section 408, 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.

SEC. 412. DEFINITIONS.

    As used in this title:
    (1) Elementary school.--The term ``elementary school'' has 
the meaning given that term in section 9101 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7801).
    (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 is a resident of the District of Columbia and who 
comes from a household whose income does not exceed 185 percent 
of the poverty line applicable to a family of the size 
involved.
    (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'' has 
the meaning given that term in section 9101 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7801).
    (7) Secretary.--The term ``Secretary'' means the Secretary 
of Education.

SEC. 413. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this 
title $10,000,000 for fiscal year 2004 and such sums as may be 
necessary for each of the 4 succeeding fiscal years.

                                
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