[House Report 108-230]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-230
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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.